Source: EURLEX
Language: en
Format: md

**6S**

**COMMISSION OF THE EUROPEAN COMMUNITIES**

**C":** **COM(94)** **55 final**

**Brussels, 14.03.1994**

THE COMMUNITY INTERNAL MARKET

_**m.**_

               1993 Report 

**(presented by the Commission)**

ajHji

**NOTE**

**For ease of reading, references in the body of the report to Council or Commission legislation**
**and to articles of the various Treaties are followed by an asterisk* without a footnote. Precise**
**titles and references are given at the end of the report in the list of Community legislation cited.**

**Outline of contents**

**The internal market in** **1993** **A**

**Introduction** **1**

**Implementation of the internal market** **3**

**Operation of the internal market** **24**

**Annexes** **105**

**Abbreviations and acronyms**

**Community provisions cited**

**Contents**

**THE INTERNAL MARKET** **IN** **1993** **A**

**INTRODUCTION** **1**

**PART ONE** **-** **IMPLEMENTATION OF THE INTERNAL MARKET** **3**

im^^BHi^^^^i 3

**§ 1** **-** **Decision-making process within the institutions** **3**

**§ 2** **-** **Making the Most of the Internal Market: Strategic Programme** **5**

**§ 1** **-** **Transposition** **6**

**§ 2 -** **Implementation** **8**

**A** _**Cooperation between administrations**_ _**8**_
**a) administrative cooperation** **8**
**b) trans-European** **data-transmission** **links** **9**

_**B.**_ _**Creation**_ _**of**_ _**structures**_ _**to**_ _**ensure that the internai market functions**_ _**10**_
_**smoothly**_
**a) Advisory Committee for Coordination in the Internal Market Field** **10**
**b) Business Feedback Committee** **11**

**c) Advisory Committee on Customs and Indirect Taxation** **11**

**§ 3 -** **Monitoring** **11**
**A** _**At**_ _**Community level**_ _**11**_

_**B. At**_ _**national level**_ _**12**_

**a)** **training/information** **measures for government departments** **12**

**• customs** **12**

**• indirect** **taxation** **12**
**b) access to justice** **13**

**§ 1** **-** **Transparency of Community law** **14**

**§ 2** **-** **Transparency of national implementing measures** **14**

**§ 3** **-** **Information and communication** **14**

**Section** **4** **-** **Economic and industrial impact of the internal market** **14**

**THE COMMUNITY INTERNAL MARKET** **-** **1993 REPORT**

CONTENTS

**Section** **S** **-** **External aspects** **19**
**Completion of the common commercial policy in the context of the inter-**
**nal market**

**§ 1** **-** **Import regime** **19**

**§ 2 -** **Export regime** **20**

**§ 3** **-** **Management of Community quotas on imports and exports** **20**

**§** **4 -** **Community commercial defence instruments** **20**

**§ 5** **-** **Agreement on the European Economic Area** **21**

**§ 6** **-** **Exporf** **credit insurance** **21**

**§ 7** **-** **Customs union** **21**
_WBin^fmM^MJ^M^^KÊU:_ 22

**PART TWO** **-** **OPERATION OF THE INTERNAL MARKET** **24**

§  -  -  - 24

**§ 1** **-** **Abolition of controls at internal frontiers** **25**

A _Article 7a_ _of_ _the EC Treaty_ _25_

_B. Back-up measures_ _25_

**§ 2** **-** **Free movement of persons in** **the** **Community** **26**

A _Right of residence_ 26

_B. Diplomas and other_ _qualifications_ 27

**§ 1** **-** **Instruments provided for by Community law for ensuring free** **32**
**movement of goods**

7* _Articles 30 to 36_ _of_ _the EC Treaty_ _32_

_A._ _Introduction_ _32_

_B. Abolition of border controls on goods_ _33_

_C. Commercial rules and acceptance of products from other Member_ _33_
_States_

_D. Geographical names and indication of origin_ _36_
**a) geographical names** **36**
**b) indication of origin** **36**

_E. Parallel imports_ _37_
**a) proprietary medicinal products** **37**
**b) motor vehicles** **38**

_F. Obligation to use the national language_ _39_

_G. Rules on advertising_ _39_

_H. Monopolies and exclusive rights_ _40_

_2* Technical harmonization and standardization_ _40_

_A._ _Legislation adopted in the various sectors_ _40_
a) agricultural products 40

           - veterinary legislation 41

           - plant-health legislation 41
b) foodstuffs 44

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**CONTENTS** **III**

**c) mechanical and electrical engineering, pressure vessels,** **medi-** **45**
**cal equipment and measuring instruments**
**d) construction and construction products** **46**
**e) motor vehicles** **46**
**0 pharmaceuticals** **47**
**g) chemical products** **48**
**h) toys** **49**

**0 textiles** **49**

**j) cosmetics** **50**
**k) terminal equipment** **50**
**I)** **recreational craft** **51**
**m) energy efficiency** **51**

_**B.**_ _**Standardization policy**_ _**51**_

_**C.**_ _**Quality,**_ _**certification,**_ _**marking**_ _**and**_ _**conformity policy**_ _**53**_

**3*** _**Prevention**_ _**and**_ _**control procedures**_ _**54**_

**A** _**Prevention**_ _**of new**_ _**obstacles**_ _**54**_

_**B.**_ _**Exchange**_ _**of information**_ _**55**_

_**C.**_ _**Early-warning procedures**_ _**55**_

_**4***_ _**Exceptions**_ _**to**_ _**freedom**_ _**of**_ _**movement:**_ _**56**_

**A** _**Article**_ _**36**_ _**of**_ _**the EC Treaty**_ _**56**_

_**B.**_ _**Article 100 A (4)**_ _**of**_ _**the EC Treaty**_ _**56**_

_**C. Article 115**_ _**of**_ _**the EC**_ _**Treaty**_ _**56**_

**5** **[#]** _**General**_ _**product**_ _**safety**_ _**57**_

**§ 2 - Special free-movement arrangements** **57**

**A** _**Agriculture**_ _**57**_

**a) creation of new market organizations for agricultural products** **57**
**b) transitional arrangements under the Act of** **Access** **of Spain and** **58**
**Portugal**

**c) Agri-monetary measures** **59**

_**B.**_ _**Controls**_ _**on**_ _**transport**_ _**60**_

_**C.**_ _**Dual-use goods**_ _**and**_ _**technologies**_ _**60**_

_**D.**_ _**Cultural goods**_ _**61**_

_**E. Weapons**_ _**61**_

_**F.**_ _**Radioactive substances**_ _**61**_

_**G. Explosives**_ _**62**_

_**H.**_ _**Drugs**_ _**and**_ _**precursors**_ _**62**_

_**I.**_ _**Shipments**_ _**of**_ _**waste**_ _**63**_

**Section** **3** **-** **Free movement of services and freedom of establishment** **64**

**§ 1 - Principle of freedom of movement** **64**

**§ 2 - Case-law** **65**

**§ 3 - Regulated areas** **66**

**A** _**Financial services**_ _**66**_

**a) credit institutions** **66**

         - management of the common rules 67

          - partnership with the Member States 67

          - transparency of Community measures 67

          - Commission initiatives and measures to ensure the development of 68
the single market and overcome the problems encountered

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

**JV** **CONTENTS**

**b) insurance** **68**

**• management of the common rules** **68**

**• monitoring the operation of the market** **69**

**• partnership with the Member States** **69**

**• transparency of Community measures** **69**

**• Commission initiatives and measures to ensure the development of** **69**
**the single market and overcome the problems arising**
**c) stock exchanges and securities** **69**
**d) external relations** **70**

_**B. Transport**_ _**71**_

**a) airtransport** **71**
**b) road transport** **71**
**c) maritime transport** **72**
**d) waterway transport** **73**
**e) rail transport** **73**
**f) external relations** **74**

**C.** _**Telecommunications**_ _**74**_

_**D.**_ _**The**_ _**media and**_ _**commercial communication**_ _**75**_

_**E.**_ _**Protection**_ _**of**_ _**personal data**_ _**76**_

**Section** **4 -** **Freedom of movement of capital** **77**

**Section S** **- Public procurement** **78**

**§ 1 - Introduction** **78**

**§ 2 - Community law on public procurement** **78**

_**A.**_ _**Principles laid down in**_ _**the EC Treaty**_ _**78**_

_**B.**_ _**Public procurement directives**_ _**79**_
**a) traditional sectors** **79**
**b) water, energy, transport and telecommunications** **79**
**c) remedies** **79**

**C.** _**Transposition**_ _**of the**_ _**public procurement directives**_ _**80**_
**a) means used** **80**
**b) failure to transpose directives: the principle of direct effect** **80**
**c) difficulties in transposition** **80**

**§ 3 - Case-law** **81**

**A** _**Case-law**_ _**of**_ _**the**_ _**Court**_ _**of Justice**_ _**81**_

_**B.**_ _**National case-taw**_ _**82**_

**§ 4 - Commission practice** **82**

**A** _**Number**_ _**and**_ _**type**_ _**of**_ _**cases dealt with**_ _**83**_

_**B. Main**_ _**points**_ _**83**_

**§ 5 - Measures to promote transparency** **84**

_**A.**_ _**Training**_ _**84**_

_**B.**_ _**Standardization**_ _**of**_ _**information published in**_ _**tender notices**_ _**85**_

_**C.**_ _**Improving the supply**_ _**of**_ _**information**_ _**of**_ _**public procurement**_ _**85**_

_**D. The**_ _**SIMAP project**_ _**86**_

_**E.**_ _**Other back-up measures**_ _**86**_
**a) European standards** **86**

**b) Assessment of economic impacts** **86**

**§ 6 -** **Small and** **medium-sized enterprises** **87**

**§ 7 -** **External** **aspects** **87**

**THE COMMUNITY INTERNAL MARKET - t993 REPORT**

**CONTENTS**

**Section 6**  - Energy 88

§ 1 - Progress **to date** **88**

_A._ _Electricity transit_ _88_

_B. Gas transit_ _88_

_C. Price transparency_ _89_

_D. Standardization_ _**89**_

**§ 2**    - **Pending proposals** **89**

A _Electricity and gas_ _89_

_B. Exploration of oil and gas_ _90_

**Section** **7 -** **Intellectual** **and industrial property** **90**

**§ 1 - Industrial property** **90**

**§ 2 - Copyright and neighbouring rights** **91**

**§ 3 - Other measures** **92**

**Section 8 -Company law** **92**

**Section** **9** **- Taxation** **93**

**§ 1 - VAT - Operation of the transitional regime. Cooperation between** **93**
**administrations**

**§ 2 - Excise duties** **94**

**§ 3 -** **Direct taxation** **95**

**Section 10 - Payment systems** **96**

**Section 11** **-** **Back-up policies** **97**

**§ 1 -** **Consumer policy** **97**

**§ 2 - Competition** **97**

**§ 3 - Small and medium-sized enterprises** **99**

**§ 4 -** **Environment** **100**

**§ 5 - Social dimension of the internal market** **100**

**§ 6 - Community structural measures** **101**

**§ 7 - European area in education and training** **102**

**§ 8 - Community research and technological development policy** **103**

**ANNEXES** **105**

**1 • Proposals concerning the** **internal** **market put forward by the**

**Commission and currently before the Council**

**2 - Internal market measures adopted by Council or Commission - State of**

**transposition into national law**

**3 - Court of Justice decisions not implemented by Member States**

**infringement procedure initiated under Article 171 of the Treaty (cases**
**in the internal market area)**

**4 - State of ratification of intergovernmental conventions**

**ABBREVIATIONS AND ACRONYMS**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

Vi CONTENTS

**COMMUNITY PROVISIONS CITED**

**1 - ECSC Treaty**

**2 - EC Treaty**

**3 - Treaty on European Union**

**4 - Official Journal - references**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**A**

**The internal market in** **1993**

**Introduction**

**The** **internal** **market is working - but it can and must be improved if it is to fulfil its promise. This**
**is the main conclusion of the Commission's first Annual Report on the operation of Commu-**
**nity's internal market. The Community is well advanced in terms of implementation of the basic**
**legal framework to assure the** **free** **circulation of goods, services and capital, although impor-**
**tant political decisions are still needed to secure the free movements of persons. Even when**
**this legal framework is finally in place, however, this will be the** **starting-point** **rather than the**
**completion of Community policy for management and development of the internal market. This**
**is why the Commission decided to issue at the end of the first year of operation of the internal**
**market a Strategic Programme for the internal market** **(i),** **in order to set the Community's**
**priorities clearly for the years ahead. This objective of fully exploiting the potential of the inter-**
**nal market in order to reinforce economic growth, competitiveness and employment in Europe**
**was endorsed by the European Council in Brussels on** **10-11** **December** **1993.**

**This first Annual Report on the operation of the internal market is a response to a request first**
**formulated in the Sutherland Report on** _**"The internal market**_ _**after**_ _**1992,**_ _**Meeting the**_ _**challenge",**_
**and later echoed in the Commission communication of 2 December 1992 on the operation of**
**the Community's internal market after 1992 (follow-up to the Sutherland Report) (2), to the**
**effect that the Commission should produce on annual report on the progress of the internal**
**market. For the establishment of a single market is not simply a question of adopting Commu-**
**nity-level legislation.** **It** **is a more complex, long-term process of gradually changing legal** **struc-**
**tures and administrative practice at the national level and of encouraging new attitudes and**
**behaviour from economic operators in the market. The date of 1st January** **1993** **represents the**
**beginning, rather than the end, of this process. This Annual Report on the Community is**
**intended to be a means of assessing, at regular intervals, to what extent the Community has**
**achieved its objectives and of identifying** **priorities** **for future action. The Report** **will** **therefore**
**not only record the recent past; it will serve as a signal to those operating in the single market**
**of the Community's intentions for its future development.**

**The first part of the Report takes an overall view of the extent to which internal market legisla-**
**tion is already in place, and examines the main management issues addressed in the**
**Commission's Strategic Programme. The second part examines in more detail the operation of**
**the internal market during** **1993** **in each sector of activity.**

_0_ ) COM(93) 632 final of 22 December 1993 _"Making the most of the internal market:_ _Stratège_ _Programme"_

( [2] ) SEC(92) 2277 final of 2 Decemberl 992

THE COMMUNITY INTERNAL MARKET -1993 REPORT

THE INTERNAL MARKET IN 1993

**1st** **PART**

**Implementation of the internal market**

**!.** **Legislative decisions and national** **implementation**

**A.** **Progress in Community Legislation**

Except for a relatively small number of proposals the basic legal framework for the Single
market has been agreed. The systematic controls at the Community's intemal borders on
goods, capital and services have been abolished. Ninety-five per cent of the legislative measures in the Commission's 1985 White Paper (3) have been adopted by the Council. Furthermore, the Council has adopted a wide range of additional measures to complement the original
1985 programme and others are under discussion. With regard to the free circulation of
persons, whilst customs controls have disappeared, identity controls continue to be made
although some progress in this area is expected to be achieved shortly by the Schengen Group
of countries. In certain areas not covered by the White Paper programme, notably the opening
up of the competition in energy and telecommunications services, considerable work has still to
be undertaken.

The priority now is for the Council to adopt the remaining White Paper measures and those
measures required to accompany the abolition of intemal border controls (discussed further
below). Seventeen White Paper measures remain to be adopted in areas such as intellectual
property, company law, VAT and company taxation. Important progress, particularly in the field
of intellectual property, has been made recently. The Decision of the European Council at the
end of October on the location of the Community Trade Mark Office in Alicante (Spain) paved
the way for the adoption of the Regulation on the Community Trade Mark. Three other related
White Paper proposals on procedural problems have been referred to the Council for adoption.
Despite the difficult ethical problems involved, the internal market Council also reached a
political agreement concerning the legal protection of biotechnological inventions. Decisions
are, however, still awaited on proposals to establish a European company statute, and to eliminate double taxation (taking into account of losses, withholding of taxes on interest payments
and royalties).

A number of proposals in the company law field have been blocked pending the outcome of
discussions on the European Company Statute and pending a subsidiarity review. A proposal to
modify rules on right of residence and employment permits for workers and their families is
also blocked. A proposal relating to a special VAT scheme for small firms has not yet been the
subject of substantive discussion in the Council, pending adoption of other indirect tax proposals. With regard to measures to accompany the abolition of intemal border controls, the Council
has on its table proposals relating to VAT harmonization provisions on gold transactions and
transport of passengers, controls on exports of dual use goods. Concerning the 7th Directive on
harmonization of national VAT rules concerning second hand goods, antiques and works of art
Council came to a political agreement on 13 December 1993.

Although the major part of the legislative programme for the Single Market has been
completed, a number of additional proposals were presented by the Commission during 1993,
for example, on harmonization of hall-marking rules for precious metals, and on measures to
prevent the putting into free circulation, export and transit of counterfeit and pirated goods. In
the area of financial services, the Commission proposed to strengthen the prudential supervision of financial institutions and put forward a proposal on a guarantee scheme for investment
protection. On the basis of its new Strategic Programme the Commission may also wish to
adapt existing legislation or to strengthen the functioning of the Single Market by presenting
further measures.

( [3] ) COM(85) 310 final of 14 June 1985

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**THE INTERNAL MARKET IN** **1993**

Proposals remain under discussion also in the field of technical harmonization relating to, for
example, lifts, pressure equipment, motor vehicles and food. In the financial sector, decisions
on a bank deposits guarantee scheme and on pension funds are also awaiting Council adoption.

**B.** **National implementation of** Community **legislation**

**Of** the **282** White Paper measures, 265 had been adopted by the Council by the end of 1993
(95%). The transposition of this Community law into national law constitutes the next important
step. The Commission is concerned that there are significant delays in some cases, although
the overall performance of the Member States has improved in recent months.

263 White Paper measures have now entered into force (93%), of which 222 require national
transposition measures. Approximately 87% of the total number of necessary transposition
measures have been taken. In many cases, however, the lack of transposition by one or two
Member States has meant that only half of the 222 measures have been transposed in Member
States, while about 75% of them have become law in 10 out of 12 Member States.

An analysis by Member State shows that Denmark has taken 93% of the necessary transposition measures, followed by UK (90%), Italy and Portugal (87%). Most delays in transposition
are in Greece (82,3%), France (82%), Spain (82%) and Ireland (81,4%).

Transposition has been completed or is above average in the areas of freedom of movement of
capital, in elimination of physical frontiers (various controls and controls on persons), in financial services (excluding insurance), in the elimination of technical barriers, company taxation,
VAT and excise duties.

The most important delays are concentrated in the areas of public procurement (where only
59% of the necessary national transposition measures have been taken), company law (60%),
intellectual and industrial property (61%) and the insurance sector (73%).

The Commission continues to press the Member States to fulfil their obligations under
Community law, and automatically opens formal legal proceedings against those Member
States which do not notify their national implementing measures in time. At each meeting of
the intemal market Council during 1993 the situation has been reviewed by Ministers, who have
reaffirmed the importance of rapid completion of these transposition measures.

This being said, the Commission does not have any evidence to suggest that the lack of
national transposition has in itself caused extensive difficulties in the operation of the intemal
market. It is still too early to draw general conclusions, mainly because, taking account of the
periods for transposition, economic operators and citizens have not had the time to take advantage or experience the effects of the new rules. The current economic recession in most
Member States has also reduced potential expansion into new markets. The Commission has,
however, received only a limited number of complaints concerning deficiencies in national
legislation, mostly in the area of public procurement. Although some measures to accompany
the abolition of border controls on goods have not yet entered into force (transfer of wastes,
repatriation of cultural goods, sales of explosives etc.), any difficulties experienced in the
interim are being dealt with through closer administrative co-operation between the authorities
of the Member States and with the Commission.

Apart from complaints relating to the continuation of identity controls on persons, most public
criticism has been made concerning the temporary VAT regime. The economic operators have
drawn attention to difficulties concerning certain aspects of the special regimes. This was
particularly the case with respect to the obligation to nominate a fiscal representative. In a
certain number of cases, these problems have already been effectively tackled. On the whole,
the experience of the temporary VAT regime has largely been positive. The Commission will be
making appropriate proposals to simplify the rules where they are justified. A full report by the
Commission on the working of the transitional VAT regime will be presented to the Council at
the end of 1994, together with proposals for the adoption of a definitive VAT regime which
should reduce the administrative burden on businesses in the Community.

**THE COMMUNITY** INTERNAL MARKET - 1993 REPORT

THE INTERNAL MARKET IN 1993

**il.** **An action plan to ensure effective implementation of Community**
**rules:** **the Strategic Programme**

The achievement of the legislative target laid down in the White Paper, and its gradual implementation into national law, will not in itself guarantee that the intemal market works. The
Community will have to develop new ways of working in order to manage an "area without
internal frontiers" and will have to actively promote greater use of new opportunities by those
operating in the market. During 1993 the Commission has been busy preparing **a** definition of
the main tasks ahead in the management and development of the single market. The result of
this process is its Strategic Programme, _"Making_ _the Most of_ _the_ _intemal_ _marker,_ which was
issued on 22 December 1993.

The Strategic Programme was the subject of wide consultation on the basis of a Commission
working document (4) between June and October 1993, in which all of the Community institutions and **a** large number of representative organizations at European and national level
presented their views. The final version of the Programme represents the Commission's view,
based on consultation, of the main areas in which Community action is needed to make this
internal market work and to develop its full potential. It is intended to be a clear and comprehensive guide to the next steps to be taken by the Commission, the Member States or, where
appropriate, the private sector itself in order to achieve the Community's economic objectives.

The main chapters of the Strategic Programme are outlined below. Future Annual Reports on
the intemal market will provide an opportunity for the Commission to provide a progress report
under each of these headings.

**A.** **Managing** Community **law through administrative cooperation**

Applying a common set of laws across a continent will present the administrations of the
Member States and the Commission with new challenges. Although the Community has
considerable experience of such cooperation in some areas (such as customs or agriculture) it
will have to develop mechanisms for closer co-operation in others. The Commission was, at the
end of 1993, finalizing a communication on administrative cooperation which would propose
the guiding principles for such cooperation and establish a procedure for the systematic review
of the need for co-operation in individual sectors.

Part of this review will be dedicated to assessing - from a Commission point of view - the need
for new telematic networks linking national administrations and the Commission. Proposals for
a pluriannual Community action named "Interchange of Data between Administrations" (5) are
already before the Council; the main task is now to identify the Member States needs more
precisely and to accelerate the implementation of operational systems.

During 1993 a number of new institutional structures intended to increase the efficiency with
which the intemal market is managed came into operation. The Advisory Committee for
coordination of the internal market, composed of senior national officials whose task is to
address any problem arising in the operation of the internal market, met several times. The
Business Feedback Committee has since February 1993 provided an opportunity for dialogue
with the business world on questions related to the operation of the transitional VAT régime.

B. Ensuring that Community law is applied

The Commission is currently engaged in verifying the conformity of national legislation to
Community law, although the sheer volume of national measures and resource limitations on
the Commission side mean that not all legislation can be systematically checked. In a number

( [4] ) _"Working_ _document of the Commission of 2 June 1993 on a Strategic Programme on the intemal marker -_
COM(93) 256 of 2 June 1993

(5) COM(93) 69 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**THE INTERNAL MARKET IN 1993**

**of sectors the Commission will continue to rely on feedback from economic operators in order**
**to take appropriate action.**

**In** **parallel, the Community has organized joint training programmes for national officials.**
**During** **1993** **the Council of Ministers agreed to add a training programme for national officials**
**dealing with indirect taxation (Matthaeus-Tax) to the existing programme for customs officials**
**(Matthaeus) and the Karolus programme which aims to address all sectors of intemal market**
**legislation.** **If** **these exchange programmes are carried out as planned, over 5,000 national** **offi-**
**cials will participate in exchanges with other Member States in order to compare their experi-**
**ence in the application of Community law.**

**C.** **Improving access to justice**

**Putting a common legal framework into place will only help citizens and businesses in their**
**daily lives if they can avail themselves of their rights without difficulty in any part of the**
**Community. Considerable work has still to be done in order to make sure that this is the case,**
**and the Strategic Programme devotes a special chapter to measures which could assist in this**
**process. Particular mention is made of the need to increase the familiarity of national judges**
**and the legal profession with Community law, to facilitate legal recourse at national level, to**
**ensure that judgements in one Member State can be enforced in another, and to look in more**
**detail at the reasons for legal conflicts within the intemal market.**

**Two important first steps were already taken during** **1993,** **namely the Commission interpreta-**
**tive communication on the free circulation of services of 6 December** **1993** **(6) and the Green**
**Paper on access to justice for consumers and the settling of consumer disputes in the single**
**market 0 . The second document, in particular, is intended to open a public debate on the**
**effects of continuing legal and jurisdictional frontiers within the single market; comments are**
**invited before the end of May 1994.**

**D.** **Improving the transparency of Community rules** **>**

**The adoption and implementation of legislation must be accompanied by an active information**
**policy in order that citizens and companies are aware of their rights and obligations and can act**
**quickly whenever they are infringed. The Commission has continued to develop its policy**
**during 1993.**

**The** **INFO** **92 database, which already contains details concerning the implementation of the**
**Community's legislative programme, was extended to include 300 detailed questions and**
**answers on the practical implications of Community rules. The database is accessible in all**
**Community languages. Collections of Community law in particular sectors are being devel-**
**oped;** **the first, on Community food law, was published in 1993. The process of consolidation of**
**existing Community law also contributes to greater visibility and better public understanding;**
**consolidated texts were agreed by the Council during 1993 in such areas as public procure-**
**ment, medical diplomas and foodstuffs and discussion is continuing for dangerous chemical**
**substances, fertilisers and units of measure.**

**E.** **Assessing the economic impact of the internal market**

**The Commission is already committed to produce an in-depth assessment of the economic**
**impact of the internal market for submission to the Council in** **1996.** **Work on this study will**
**begin in** **1994.** **Meanwhile more short-term studies of the effects of new Community rules were**
**launched in** **1993** **with respect to both public procurement legislation and the assessment by**
**small and medium-sized enterprises of how existing internal market legislation was working**
**(carried out by the Euro-Information Centres).**

**(6)** **OJ No C** **334, 9.12.93**

**(7)** **COM(93)** **576 final of** **16 november 1993**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

THE INTERNAL MARKET IN 1993

The findings of the Euro-Info Centre study (carried out in July-September) were generally positive. Although some concern was expressed at the short-term costs of adjusting to the new VAT
system, the difficulties in obtaining access to public procurement markets and lack of recognition by national authorities of Community certificates of conformity for industrial products, the
overall impression was that the new legislation was working satisfactorily.

The Commission submitted to the Council in November 1993 a preliminary assessment of the
economic effects of the intemal market programme, in the context of the Council's consideration of the move to the second stage of economic and monetary union (the Article 109e)
Report). While underlining that it was premature to undertake a global assessment of those
effects, because much of the legislation was not yet in force or transposed, and because of the
inevitable delay before economic operators take advantage of new opportunities, particularly in
the current recession, the Commission suggested that anticipation effects unleashed by the
intemal market programme are already acting as the catalyst for a qualitative shift in the nature
of Community competition. The report considered in particular capital movements, foreign
direct investment within the Community, cross-border mergers and acquisitions and trade in the
sectors affected by legislative harmonization as indicators of significant economic change.
Econometric calculations show, on average, that the contribution of integration to economic
growth has accounted for about 0.4 per cent additional growth per year in the period 19861992.

The Commission intends to develop instruments for more regular assessment of the economic
effects of the internal market during 1994; future reports should benefit from this process.

**F.** **Implementing trans-European networks**

During 1993 the importance of planning and executing trans-European transport, telecommunications and energy networks for the future development of the single market was recognised at
the highest political level. The Brussels European Council of December 1993 agreed on
specific action to accelerate the implementation of these networks through the intervention of
Community financial instruments, along the lines laid down in the Commission White Paper on
growth, competitiveness and employment. The Commission's Strategic Programme identified a
number of other accompanying measures which could also contribute to this objective, in
particular the promotion of better coordination, the stimulation of private investment, measures
to ensure technical interoperability and the early development of telematic networks between
administrations. The Commission will come forward with specific initiatives along these lines
during 1994.

**G.** **External** volet

The internal market has also led to some changes in the organization of the common commercial policy. In particular the import regime, the export regime, the management of quotas, the
commercial defense instruments and the export credit policy have to be modified. In many of
the sectors where trade within the Community was liberalized, parallel negotiations on world
wide liberalization took place. The conclusion of the Uruguay Round was in that respect very
important.

**PART TWO**

**Operation of the internal market**

The annual report for 1993 deals mainly with the management of the internal market: a large
part of the Commission's activity was devoted to this, in completing the legislative framework

THE COMMUNITY INTERNAL MARKET -1993 REPORT

THE INTERNAL MARKET IN 1993

provided for in the White Paper and through a coherent set of measures guaranteeing genuine,
uniform implementation of Community rules.

However, the single market has just entered on the second phase of its development, as identified in the Strategic Programme, characterized by a more dynamic conception of market
regulation and by the identification of how the Community will be able to help the European
Union's operators and citizens to take greater advantage of the opportunities offered by the
single market. Thus, the annual report will try, in the years to come, to give a regular assessment of progress in implementing the measures outlined in the Strategic Programme, in order
to achieve transparency in the legislation and its implementation.

**J.** **Free movement of persons**

**A.** **Abolition of controls at** internal **frontiers**

Although customs checks on individuals were done away with from 1 January 1993, the delay
In abolishing identity checks provoked much criticism from private citizens and from the European Parliament, which initiated the procedure provided for in Article 175 of the EC Treaty
against the Commission.

Helped by the entry into force of the Treaty on European Union, which offers -new possibilities
both at Community level and under Title VI, the Commission has further intensified its efforts to
achieve that same objective.

A phased approach was decided on for 1993. To begin with, the Commission exerted steady
pressure on the Member States to meet the commitments they have entered into, even as it
itself continued with political initiatives. In the second stage the Commission will survey these
initiatives and, while maintaining its political pressure, is deciding on what steps to take,
specifically as regards legislation. It has thus adopted a proposal for a Council Decision on the
convention on controls on persons crossing the external frontiers of the Union ( [8] ), and a
proposal for a Regulation, based on Article 100c of the EC Treaty, to determine the third
countries whose nationals must be in possession of a visa (9). A further decision, based on
Article 100c(3) will follow, relating to a uniform format for visas.

These measures are to be seen as an integral part of a coherent overall approach to achieve
the objective set out in Article 7a of the EC Treaty*, achieving which will require further
proposals to be put forward at the appropriate junctures.

**B.** **Free** movement of persons in the Community

As regards both right of residence and the mutual recognition of diplomas and other qualifications, the main problems are due to delays in transposing Community provisions into national
law, and to the interpretation of the new systems. In order to overcome these difficulties the
Commission is going beyond its traditional contacts with Member State authorities and pursuing, in the various committees set up to implement these provisions, its policy of developing
mutual confidence and improving administrative cooperation. In addition, in order to become
more accessible, the Commission has committed itself to making the acquis communautaire
more transparent, specifically by consolidating the directives concerning mutual recognition of
diplomas.

As regards legislation, great importance attaches to bringing forward a draft directive on establishment of lawyers under their home-country professional titles, which provides for recognition
of licences to practise and institutes a third type of recognition of qualifications, the first being
based on professional experience in craft industry or the distributive trades and the second on

(8) COM(93) 684 final

(9) COM(93) 684 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

THE INTERNAL MARKET IN 1993

diplomas. After the Court of Justice, in its judgment of 7 July 1992, struck down Directive
90/366/EEC on the right of residence for students, the Council adopted, on 29 October 1993, a
new directive based on Article 7(2) of the EC Treaty ( [10] ).

**II.** **Free movement of goods**

In collaboration with the other Community institutions, the Commission continued its efforts
aimed at the adoption of the final measures in the White Paper programme for the completion
of the internal market and the programme fordoing away with frontier controls. It has paid great
attention to the progress made by the Member States in transposing Community legislation.

At the same time the Community has adopted a Strategic Programme for the overall management of the intemal market: the need has now become apparent to preserve the frontier-free
area and to prevent new obstacles arising to the free movement of goods, by increasing the
transparency of Community law, stepping up cooperation between administrations and reinforcing the control of the transposition and implementation of Community law.

In the long term view, the Community institutions have initiated or continued measures to
expand and complete the acquis communautaire. Without embarking on a new programme of
legislation, progress so far must be consolidated, the single market expanded to further **areas**
and existing legislation adapted to technical and scientific progress.

**A.** **Elimination of controls at internal frontiers**

Free movement of goods in the Community implies that there are no controls at intra-Community frontiers. Veterinary and plant-health checks have been harmonized and a number of
customs procedures governing movement of goods have been abolished; only some sensitive
goods, such as weapons and drugs, are still subject to spot checks. Staff carrying out checks
on goods have been withdrawn from the intemal frontiers and infrastructures have been modified in line with the requirements of the intemal market (this has'been helped by flanking
measures such as those under the European Social Fund and the Interreg initiative).

One of the measures made necessary by the elimination of border controls is a new system for
gathering statistics on intra-Community trade (Intrastat), introduced in 1993. It is based on
direct monthly returns from businesses. The collection mechanism provides for exemption and
simplification as appropriate. There were delays in getting out the first results in 1993, but these
are being made good by efforts at national and Community level.

To sum up, no major difficulties have arisen. The only problems remaining concern indirect
taxation, the transitional system for certain agricultural products under the Act of Accession of
Spain and Portugal, and delays in setting up common market organizations for certain agricultural products and alcohol. Nor has it been possible for the Council to come to any decision on
the proposal for a regulation concerning dual-use technologies.

**B.** **Special free-movement arrangements**

The provisions governing special free-movement arrangements for weapons, explosives,
cultural goods, radioactive substances, drugs and drug precursors, transfers of waste and
transport controls were adopted and/or brought into force in 1993. The directive on explosives ( [11] ) is due to enter into force in 1995. Problems relating to delays in the transposition of
the abovementioned measures are already being experienced, for example as regards
weapons, drugs and precursors.

(10) Council Directive 93/96/EEC (OJ No L 317,18.12.93)

(11 ) Council Directive 93/15/EEC (OJ No L 121,15.5.93)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

THE INTERNAL MARKET IN 1993

The dangers resulting from the abolition of border checks, in particular tax and customs duty
evasion and trafficking in drugs and other sensitive products, have been tackled through
machinery for cooperation and mutual assistance among the Member States and between
them and the Commission.

C. Articles 30-36 **of the EC Treaty**

The Commission has used all the instruments provided for by Community law in order to
ensure the free movement of goods. Even before the 1 January 1993 deadline, it disputed
border checks which were contrary to Articles 30-36 of the EC Treaty. The Member States
subsequently informed the Commission that such checks had been abolished.

Articles 30 et seq. of the EC Treaty prohibit quantitative restrictions on imports and exports and
all measures having equivalent effect. The Commission ensures that these articles are applied
consistently and uniformly and result in a clear and constructive approach. Accordingly, the
assessment of trade rules in the light of these articles has given rise to numerous judgments by
the Court of Justice, in particular in the Cassis de Dijon case ( [12] ) and subsequently.

From these case-law principles the Commission has derived the principle of mutual recognition, which has formed and continues to form the basis for all it has done to remove and
prevent barriers to trade. In the foodstuffs and industrial products sectors the principle was
extensively applied by the Commission in the **314** new cases submitted to in during 1993.
Mutual recognition is intended to ensure the free movement of goods and products of all kinds,
thereby avoiding unnecessary recourse to harmonization. It guarantees the preservation of
national diversity and of the various traditions and customs, and contributes towards increasing
the range of products available to European consumers.

The Court of Justice also gave a ruling regarding the parallel importation of motor vehicles,
where liberalization has had a considerable economic effect ( [1] 3). The Commission also drew
the necessary conclusions from the Peeters judgment (i*) on the use of national languages in
the marketing of foodstuffs in the interpretative notice which it put out, indicating that at the
stage of sale to the ultimate consumer the requirement to use a particular language may
contravene Article 30 of the EC Treaty by being disproportionate, mandatory translation of
easily understood terms and expressions is not necessary.

With regard to rules on advertising likely to affect the opportunities for marketing imported
products, the Court ruled in its Yves Rocher judgment ( [1] 5) that Article 30 precluded the implementation of a ban on price-based advertising in which the new price is highlighted against the
previous higher price.

Finally, the Commission is examining, in the light of the Court's new decisions, the compatibility
with the Treaty of trading monopolies for tobacco products in certain Member States, while
awaiting a decision on matters currently pending before the Court.

D. Technical harmonization

The Community's activity on technical harmonization focused on administering and monitoring
the transposition of existing legislation, backed up by the introduction of new administrative
cooperation machinery and by improving transparency. New measures designed to complete
the White Paper programme and supplement or amend existing legislation in the light of
technical progress were adopted or proposed in the various sectors.

(12) Case 120/78 Cassis de Dijon [1979] ECR 649 - 20.2.79

(13) Judgment of the Court of First Instance, 17 July 1991 (Case T 23/90 - Automobiles Peugeot v Commission of the
European Communities and Ecosystem)

(14) case C-369/89, ECR [1-2971 ].

C [ 5] ) Case C-126/91 (not yet reported)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

THE INTERNAL MARKET IN 1993

**As regards agricultural products, Community activity in** **1993** **centred on two aspects: ensuring**
**compliance with the rules within the Community and gathering information on the situation in**
**third countries.**

**As regards veterinary legislation, all the measures on animal and public health were introduced,**
**veterinary controls were abolished at intemal frontiers and those at external frontiers were**
**strengthened and harmonized. Transposition of the legislation adopted for these purposes was**
**considerably delayed owing to the large number of measures to be incorporated into national**
**law by the Member States in a short space of time. The extent of transposition varies signifi-**
**cantly between the Member States and there are more problems with the directives abolishing**
**border controls, since these require a complete reorganization of veterinary controls. That**
**being so, the results for the first year are positive and the Commission has received few**
**complaints regarding incorrect** **implementation** **of Community law.**

**With regard to plant-health legislation, the measures provided for in the White Paper in respect**
**of pesticides have been in force since** **July** **1993. New plant-health rules were introduced in**
**June 1993, followed by a considerable number of implementing measures which** **were** **adopted**
**during the year in order to facilitate uniform transposition, together** **with** **exemption measures in**
**respect of certain third countries. The new rules on organic farming have been in force since**
**1 January 1993. The existing rules on plants and seeds were improved and extended to cover**
**fruit and ornamental plants. As regards livestock feed there were also major decisions on**
**dietary nutrition and additives. The overall transposition picture is positive, except for the new**
**provisions on harmful organisms.**

**A major effort is being made to rationalize foodstuffs legislation. The Council regarded the**
**directives on various foodstuff products (jams, sugar, fruit juices, etc.) as excessively detailed,**
**and the Commission is preparing proposals which will now take account only of the essential**
**requirements.**

**As regards construction products, mechanical and electrical engineering and other** **fields**
**covered by the new approach, activity centred on monitoring the implementation and applica-**
**tion of directives.** **It** **should also be noted that problems relating to the free movement of aero-**
**sol dispensers, which was the subject of a safeguard clause ratified by the Commission, were**
**resolved satisfactorily.**

**With** **regard to motor vehicles, the entry into force of the single EC type-approval procedure**
**should be highlighted (optional from 1 January 1993 and compulsory from 1 January 1996), as**
**should progress on producing consolidated versions of Community legislation on chemical**
**products, pharmaceuticals and cosmetics. New provisions were adopted on chemical products**
**and pharmaceuticals. In the latter area, access to the single market will be made easier for**
**economic operators from** **1995** **by the new system of authorization for placement on the market**
**and through the work of the European Agency for the Evaluation of Medicinal Products set up**
**in** **1993 by** **the Council.**

**The policies on standardization, certification and quality constitute essential complements** **to**
**the implementation of the Community's technical legislation,** **and** **in particular the new approach**
**directives. New tasks were assigned and the stress placed on following up work already in**
**progress. Discussions were held with a view to extending the work to new areas, such as air**
**traffic control or defence procurement. At the same time, the Community intends to develop**
**general cohesion with regard to the assessment of conformity and extend this to its third-**
**country partners. Exploratory discussions are in progress with a view to negotiating mutual-**
**recognition agreements in the fields of testing and certification.**

**E.** **Prevention of new barriers and and exceptions to free movement**

**The prevention of new barriers to the free movement of goods is fundamental to the proper**
**functioning of the single market, and this accounts for the importance which the Community**
**attaches to this aspect of managing the single market. Directive** **83/189/EEC** **(** **[1]** **6)** **is in this**
**context a major** **instrument** **for preventing barriers to trade and for promoting exchange of**

(16) Council Directive 83/189/EEC (OJ No L 109, 26.4.83)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

THE INTERNAL MARKET IN 1993

information. The awareness by Member States of the need to implement more effectively the
notification procedure in the agricultural sector resulted in a considerable increase In the
number of notifications during the year. The routine notification by Member States of any
project covered by the directive has led to a reduction in the number of infringement proceedings. Overall, the directive is being implemented more effectively than in the past and the
adoption of the amending proposal presented to the Council should contribute towards improving the situation.

The completion of the single market and the abolition of controls at intemal borders has led the
Commission to introduce a new procedure for the exchange of information, designed to ensure
that cases in which a Member State refuses to recognize the equivalence of the national rules
of another Member State with its own are dealt with quickly, efficiently, transparently and
consistently. A proposal for a Decision ( [17] ) was presented to the Council, based on the lessons
learnt by the Commission from the inventory of barriers drawn up under Article 100b of the
EC Treaty and from the communication which followed that exercise.

In addition, in December 1993 the Commission sent the Council and Parliament a communication on procedures for dealing effectively with urgent problems (18). The Commission is satisfied with the effectiveness of the procedures examined, which fulfil their objective, namely the
rapid transmission of data between the Member States in cases involving serious and immediate danger.

As regards the granting of exceptions to free movement provided for in the EC Treaty, mention
should be made of the efforts undertaken by the Community in order to remove the need **for**
recourse to Article 115 of the EC Treaty, where the last authorizations concerned importations
of bananas. They expired on 1 July 1993 with the entry into force of the common organization
of the market for bananas.

**ill.** **Freedom to provide services and right of establishment**

Since 1985 a vigorous strategy has been implemented on services, including practical measures for the harmonization of legislation where implementation of the Treaty is not sufficient, as
is the case for services having a special impact on the integration of the single market financial, transport, telecommunications and media services - and emphasizing the parallels
between the free movement of services and that of goods, introducing the principle of mutual
recognition of national rules in the absence of harmonization.

The principle of the free movement of services forms an integral part of the dynamic and innovative case-law of the Court of Justice which, since the Dennemeyer Judgment of 25 July
1991 ( [1] 9), no longer permits a Member State to prohibit the supply on its territory of a service
legally provided in another Member State on the grounds that service conditions there are
different. Only compelling reasons of public interest may justify a derogation from the principle
of free movement of services, and only where this is in proportion to the intended objective. As
to the right of establishment, in its Kraus v Land Baden-Wurttemberg judgment of 31 March
1993 (20), the Court extended the scope of Articles 48 and 52 of the Treaty to national measures applying without discrimination, in the case in point the provisions of national law governing the use of foreign university qualifications. This confirmed the Dennemeyer judgment in this
respect.

Overall, Commission activity is aimed at consolidating the principles deriving from the case-law
of the Court by means of a general and consistent policy with regard to their implementation,
based on subsidiarity and avoiding laborious harmonization of the various sectors. In adopting

_0_ _[ 7]_ _)_ COM(93)670 final, COD 489,15 December 1993

( [1] 8) COM(93)430 final, 16 December 1993

( [19] ) Case C-76/90 [1991 ] ECR 1-4221

(20) Case C-19/1992

THE COMMUNITY INTERNAL MARKET -1993 REPORT

THE INTERNAL MARKET IN 1993

its interpretative communication concerning the free movement of services across frontiers (21)
on 6 December 1993, the Commission's purpose was to help make economic operators and the
competent national authorities better acquainted with their rights under the EC Treaty.

One year after the completion of the single market, the overall position regarding the free
movement of services is positive although, in certain sectors, it is still too early to draw conclusions. This is particularly true with regard to financial services, since the main directives - the
third-generation insurance directives- and the directive on investment services adopted on
10 May 1993 by the Council, will hot enter into force until 1994 and 1996 respectively. By
contrast, in the field of transport - where there were major delays in completing the single
market - the adoption of all the measures contained in the White Paper was finally completed
with the adoption by the Council on 25 October of the Regulation introducing definitive rules on
cabotage (22), i.e. access for foreign earners to domestic transport of goods by road in a
Member State. This success, which is in addition to the third package of aviation measures
adopted in July 1992 and the liberalization of maritime transport, which was achieved by
1 January 1993, among other things through the adoption of Regulation 3577/92/EEC on cabotage (23), signals the completion of the internal market in the transport field. As regards copyright, the existing legal uncertainty was removed through the adoption of Directive 93/83/EEC
on satellite broadcasting and cable retransmission (24). Lastly, with regard to the protection of
personal data, Community activity began with the presentation, in September 1990, of a package of proposals (25), applying different methods including the harmonization of national legislation. Following consultation of Parliament and the Economic and Social Committee, an
amended proposal was presented on 15 October 1992; a common position is expected during
1994, after examination by the Council.

As regards extemal relations, in June 1992 the Commission sent the Council a report on how
financial companies based in the Community were treated in 27 third countries. Although
financial services are an integral part of the new General Agreement on Trade in Services
(GATS), concluded as part of the Uruguay Round package on 15 December 1993, negotiations
on them will continue during a transitional period, ending six months after the Agreement's
entry into force. The Commission will be pursuing its efforts to negotiate greater liberalization of
access to financial markets in certain third countries, and to get those countries to respect the
principle of national treatment.

The Agreement on the European Economic Area came into force on 1 January 1994. Under it,
the EFTA countries (except Switzerland) have taken over the acquis communautaire in financial services.

In addition, clauses covering financial services were included in a number of other agreements
recently concluded (the EEA Agreement and the Europe Agreements). In the transport field, the
Commission is in the process of negotiating, with a number of countries in Central and Eastern
Europe, access to the market for inland waterway transport; a similar proposal for road transport has also been presented to them. A transport agreement was concluded with Slovenia on
1 September 1993.

The problems most frequently encountered by the Commission with regard to services relate to
transposition and implementation. For example, the second banking directive, in addition to the
problems of interpretation which it raises, has not been incorporated into national law in one
Member State. This is holding up the introduction of a single passport as initially envisaged,
Directive 90/388/EEC on competition in the markets for telecommunications services (26)
continues to be implemented partially and incompletely in a number of Member States following difficulties in the interpretation of certain concepts, such as voice telephony services. In
addition, the Commission has initiated infringement proceedings against all the Member States

(21) OJ No C 334, 9.12.93

(22) Council Regulation (EEC) No 3118/93 (OJ No L 279,12.11.93)

(23) Council Regulation (EEC) No 3577/92 (OJ No L 364,21.12.92)

(24) Council Directive 93/83/EEC (OJ No L 248,6.10.93)

(25) COM(90)314 final and COM(92)422 final

(26) Commission Directive 90/388/EEC (OJ No L 192, 24.7.90)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

THE INTERNAL MARKET IN 1993 M

**owing to various problems in the transposition of Directive** **89/552/EEC** **(27) on television**
**broadcasting relating, in particular, to the increasingly complex nature of that business.**

**Besides itself keeping a watchful eye as far as it is able, the Commission relies on economic**
**operators themselves to alert it to malfunctions in the machinery introduced. It has also intro-**
**duced original machinery for cooperation with the Member** **States** **in monitoring transposition**
**and implementation; these include the Working Group on the interpretation and implementation**
**of the banking directives** **(WPIBD),** **which comprises representatives from the Member States**
**and the Commission; arranging seminars in order** **to** **promote cooperation between the national**
**and Community authorities on telecommunications; the Advisory Committee on access to the**
**airtransport** **market.**

**In** **addition to legislative measures and instruments for cooperation, the Commission is intro-**
**ducing a package of measures designed to make its activities more open and improve infor-**
**mation for citizens and economic operators in the Union. To that end, in** **1994** **the Commission**
**plans to produce consolidated versions of the main banking directives, together with the three**
**generations of insurance directives. However, the preferred instruments will still be**
**Green Papers and communications. Wide-ranging discussions have been started on the devel-**
**opment of telecommunications in the Community between now and the end of the century; in**
**its resolution of 16 June** **1993,** **the Council approved the Commission proposal on the timetable**
**for the introduction of a new regulatory framework for telecommunications services and asked**
**the Commission to prepare, by 1 February 1996, the necessary amendments to the existing**
**regulatory framework in order to complete liberalization of all public telephony services by**
**1 January** **1998** **at the** **latest.**

**The Green Paper on pluralism and media concentration in the single market (28) identified**
**potential restrictive effects regarding access to media ownership and may form the basis for**
**Community measures, following the consultations held during 1993.**

**Consultation on commercial communication was begun in 1993, with a view to adopting a**
**Green Paper** **on** **commercial communication in the intemal market in** **1994.**

**iv|** **?|i**

**The conditions required for the achievement of the fourth freedom were established** **through** **the**
**adoption of Directive** **88/361** **/EEC,** **which provides for the complete liberalization of all forms of**
**capital movement between Community residents (29). The directive has been implemented by**
**all the Member States, and now only Greece may restrict certain short-term capital transactions**
**until 30 June** **1994** **in order** **to** **implement its economic stabilization programme.**

**The establishment of a European** **finanaal** **area is nevertheless being hampered by lack of**
**progress on the taxation of savings, where the proposal for a directive on withholding tax on**
**interest has not yet been adopted.**

**|\t iPtiblic procurement**

**The single market is intended to provide equal opportunities for all firms to take part in the**
**important area of public procurement. The basic legislative framework, covering public works,**
**supply and service contracts, was completed in 1993. Thus, in addition to the provisions on**
**public procurement contained in the EC Treaty and the directives already adopted coordinating**
**the procedures for the award of contracts, there are now consolidated versions of the directives**
**on the procedures for awarding public works and supply contracts (Directives 93/36/EEC and**

(27) Council Directive 89/552/EEC (OJ No L 298,17.10.89)

(28) COM(92) 480 final of 23 December 1992

(29) Council Directive 88/361 /EEC (OJ No L 178,8.7.88)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

THE INTERNAL MARKET IN 1993

93/37/EEC) and Directive 93/38/EEC on services in the water, energy, transport and telecommunications sectors (30). Directive 92/50/EEC on services (31) entered into force on 1 July
1993.

The transposition by Member States of Community legislation in this field has been particularly
difficult; 25 cases are pending before the Court of Justice under Article 169 infringement
proceedings initiated by the Commission against the Member States for late transposition or
transposition not in compliance with Community legislation. The directives concerning the
former excluded sectors and the remedies directives are complex. In some cases the Member
States which joined the Community more recently qualify for special transposition periods and
have not yet reached the deadline for transposing the latest directives.

The rules on the procedures for the award of public contracts are being progressively extended
through the case-law of the Court of Justice. In this connection mention should be made of the
Court's 1993 ruling in the Storebaert case (32), in which it considered that the duty to respect
the principle of equality of treatment of all bidders lay at the very heart of the works directive.
At the same time, the Commission, in the course of dealing with numerous suspected cases of
infringement of Community law brought to its notice through complaints, has evolved an
approach based, among other things, on points connected with the concepts of a work, entry in
a trade register, additional conditions not provided for by the directives, discriminatory clauses,
references to national technical rules, the procedure for the submission of bids, special security
measures or measures to protect the vital security interests of a Member State and proof of a
firm's financial and economic standing.

The Commission attaches great importance to measures aimed at increasing transparency in
this field. Training schemes for those involved continued in 1993, together with the publication
of standardized forms and an interim nomenclature for describing the subject of contract
notices published in the Official Journal of the European Communities, which has been warmly
welcomed by trade associations. Several studies are in progress with a view to improving the
availability of information, including the project to set up a public procurement information
system (SIMAP), which is essential in order to increase the quality and reliability of data
exchanged between the various parties involved during the award and performance of a
contract.

Finally, the use of European standards through the assignment of tasks to the European
Committee on Standardization (CEN), aimed at eliminating the use of discriminatory specifications, and the establishment of an observatory within the Advisory Committee, designed to
measure the impact of its decisions on different sectors of the economy, constitute supporting
measures aimed at making the rules in this field function more effectively.

The importance of the field is reflected in its extemal policy aspect and, in particular, the negotiations which the Community has been conducting with the other GATT signatory countries.
The new Agreement now concluded will open up to international competition public procurement contracts to the tune of several hundred billion ecus each year.

**VI.** **Intellectual and industrial property**

Harmonization work on industrial property is continuing with a view to increasing the competitiveness of firms and promoting research and innovation. The year saw important progress
towards completing the internal market in this area. On 20 December the Council adopted
Regulation (EC) No 40/94 (33) on the Community trade mark. This constitutes a single instrument of protection, valid throughout the Community, obtainable by making a single application
and giving the same rights everywhere. On 17 December the Council reached political agree

(30) Council Directives 93/36/EEC, 93/37/EEC and 93/38/EEC (OJ No L 199, 9.8.93)

(31 ) Council Directive 92/50/EEC (OJ No L 209, 24.7.92)

(32) case C-243/89 Commission v Kingdom of Denmark - 22.6.93

(33) Council Regulation (EC) No 90/94 of 20 December 1993 (OJ No L 11,14.1.94)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**THE INTERNAL** MARKET **IN** 1993

**ment** **for a common position on the directive for the legal protection of biotechnological inven-**
**tions.** **The Commission adopted two proposals on legal protection of industrial designs and**
**models: one for harmonizing Member States' legislation, the other for a Community design and**
**model,** **as single instruments of protection valid throughout the Community, along much the**
**same lines as the Community trade mark.**

**As part of the programme of work aimed at strengthening the protection of copyright and**
**neighbouring rights, harmonization work is continuing in order to protect and promote creativity**
**In the Community. Works and objects protected by copyright in at least one Member State at**
**1 July 1995 will be entitled, throughout the Community, to protection during the artist's lifetime**
**and for 70 years after his death. Neighbouring rights are protected under the new directive on**
**the harmonization of the length of copyright. The proposal on the legal protection of databases**
**complements the measures already adopted in order to establish the single market in this field.**

lllllllilûillyi:!

**Further efforts are still needed in order to supplement the core established during the 1970s**
**and 1980s in order to enable businesses to operate in a more uniform legal environment and**
**facilitate their establishment generally. The Council still has to decide on Commission** **propos-**
**als on the structure of public companies, cross-border mergers between such companies and**
**takeover** **bids.** **In spite of the Commission's efforts, the proposal on the statute of the European**
**company remains blocked at the Council. The Edinburgh European Council pressed for the**
**quick adoption of the proposal.** **In** **the same vein, discussions continued on the proposals for**
**the statutes for the European cooperative society, mutual society and association as part of the**
**measures decided by the Commission with a view to expanding the dynamic created by the**
**single market.**

**||Ën|rgy|**

**A first step towards the creation of a single market for gas and electricity was taken by means**
**of three directives on the transit of electricity and gas and price transparency (34). However, a**
**number of further measures will be needed in order to achieve a genuine integration of the gas**
**and electricity markets. The proposals presented by the Commission in February 1992 and**
**amended in December 1993(35) aim to establish common rules in the gas and electricity**
**sectors by promoting the harmonization of rules on concessions for the production of electricity**
**and the construction of gas pipelines and electricity lines; they also propose separating the**
**management and accounting aspects of production, so as to increase transparency; finally,**
**they introduce the concept of negotiated access for third parties, the strengthening of refer-**
**ences to public service obligations, award procedures for new electricity production and trans-**
**mission capacity and a harmonization work programme.**

**A draft directive on the award of licences for the extraction of hydrocarbons** **(36) js** **currently**
**before the Council and Parliament. It would constitute an additional instrument supplementing**
**the current directive on public procurement.**

(34) Council Directive 90/377/EEC on price transparency (OJ No L 185.17.1.19)
Council Directive 90/547/EEC on the transit of electricity (OJ No L 313,13.11.90)
Council Directive 91/296/EEC on the transit of natural gas (OJ No L 147,12.6.91)

(35) C0M(93) 643 final

(36) COM(93) 110 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**THE INTERNAL MARKET IN 1993**

IXÏIliillittolll

A. Indirect taxation

Thanks to the introduction of the new VAT arrangements and the definitive rules on excise
duties, the are no longer any tax formalities on crossing an intra-Community frontier. The
freedom for the European consumer to purchase, inclusive of tax, the products he wishes in the
Member State of his choice, irrespective of his country of residence, is thus guaranteed.

The new transitional VAT arrangements are functioning satisfactorily overall. The few problems
encountered relate to differences in national legislation, to the system of tax representatives
and to the operation of special arrangements (distance selling and the sale of new vehicles).
Thanks to the Business Feedback Committee, however, it has been possible to identify the
problems quickly and solutions have either been, or are in the process of being adopted. A new
proposal for simplification, following that adopted by the Council in December 1992, will be
proposed by the Commission shortly.

Since the success of the new system depends on close cooperation between the Member
States' tax authorities, an operational management structure and a computer network for the
exchange of information (SITE) were set up in October 1992. The MATTHAEUS-TAX
programme, adopted by the Council on 29 October 1993, provides for Community-level training
and the exchange of staff between tax administrations in the Member States.

Transitional as it is, the system will be regulariy reviewed in cooperation with the Member
States' tax authorities with a view to simplifying its use; in the light of the lessons learnt, the
Commission will present proposals on the definitive VAT system before the end of **1994.**

The new excise duty arrangements which, unlike those for VAT, do not include a transitional
phase, are working without major difficulties, although a number of problems have been identified. The Commission is continuing its efforts to facilitate the operation of the system, and will
be presenting a proposal for a simplifying directive very shortly.

B. **Direct** taxation

Businesses, and particularly SMEs, are still not able to benefit fully from the single market. The
proposal for a directive on the abolition of withholding taxes on payments of interest and fees
between firms based in different Member States and the proposal on the inclusion in firms'
accounts of losses incurred by their permanent branches and subsidiaries located in other
Member States, presented by the Commission to the Council at the end of 1990, have still not
been adopted. Since Community policy is to eliminate double taxation of cross-border activities, the Commission will continue its efforts in this areas and will shortly present new proposals
for measures.

In addition, regarding insurance services, a solution is urgently required to the problem posed
by the Bachmann case (C204/90) on freedom to provide services. The Commission will
therefore promote pragmatic solutions based on improved cooperation between the authorities
and insurance companies in the Member States.

**X.** **Payment systems**

On 29 July 1993 the Commission presented the findings of an independent study on transparency in cross-border payments (37). The conclusions of the study, whose aim was to assess the
merits of guidelines drawn up by the banking sector itself, showed that these made few tangible
improvements in terms of transparency, cost, transaction times and double charging. Since

**(37)** **Document P(93) 670**

**THE COMMUNITY INTERNAL MARKET** **-** **1993 REPORT**

THE INTERNAL MARKET IN 1993

firms and consumers making cross-border payments are being penalized, the Commission has
announced that, if no improvement results from the voluntary agreements concluded between
the banks, it intends to propose, in July 1994, a directive containing appropriate measures to
remedy these deficiencies which are disrupting the operation of the single market.

**XI,** **Back-up policies**

**A.** **Consumer protection**

**The** Commission's efforts in other areas are contributing towards reinforcing the positive effects
of the single market. These include consumer protection policy, one of the aims of which is to
allow consumers to benefit from the advantages of the single market. This is the aim of Directive 93/13/EEC (38) on unfair clauses in contracts, along with other proposals currently before
the Council. Studies are under way in several areas, including access to justice, after-sales
services, cross-border mortgage loans, the transparency of banking services and the amendment of the directive on contracts negotiated outside commercial establishments.

**B.** **Competition policy**

**The** Community is adopting a pragmatic approach towards the increase in competition resulting
**from a** number of factors, including the completion of the single market, the globalization of
markets, current economic difficulties and rapid technological change. The policy of dismantling monopolies has therefore been pursued particularly in the telecommunications sector,
where technological progress has removed the justification for them. The monitoring of state
aid also takes into account the European dimension created by the single market when drawing
up the restructuring plans resulting from the Commission's follow-up to its enquiries in this field.
In monitoring mergers, the Commission has focused its efforts on improving the transparency
and efficiency of procedures. The main core of the application of Articles 85 and 86 of the
EEC Treaty has related to distribution agreements on perfume and cars. Commission activity
has also been concentrated on transport with a view to ensuring compliance with the general
provisions of the EC Treaty in this sector, which is now more open to increased competition.

**C.** **Small and** medium-sized **enterprises**

The Commission is also endeavouring to follow the recommendations made in the studies on
small and medium-sized enterprises and minimize the administrative, legal and financial
burdens on them resulting from Community legislation. The Community wishes to promote
finanaal opportunities and encourage investment by SMEs. A round table of leading figures
from the banking sector has been set up to examine relations between credit institutions and
SMEs.

Specific problems, such as excessively long payment periods, the use of new technologies and
transfer difficulties are being tackled through studies with a view to taking concrete action,
private projects co-financed by the Community, and specific action plans, along much the
same lines as current measures concerning tourism.

D. Environmental protection

Environmental protection policy occupies an important place among the horizontal policies.
The concept of sustainable and harmonious economic development which would respecting the
environment has been accepted without dispute during the work on implementing the

(38) Council Directive 93/13/EEC (OJ No L 95, 21.4.93)

THE COMMUNITY INTERNAL MARKET -1993 REPORT

THE INTERNAL MARKET IN 1993

**White Paper. The successful operation of the single market greatly depends on taking into**
**account environmental protection requirements in Community legislation. However, new**
**problems, such as waste management and climatic change, call for more suitable responses**
**than rules and regulations along, and also involve standardization, voluntary agreements and**
**economic instruments, for all sectors concerned..**

**E.** **The social dimension**

**The development of the single market must be accompanied by the progressive introduction of**
**a social dimension. The Commission has presented almost all the proposals included in the**
**social action programme** **(39)** **but** **it** **has to be acknowledged that progress has been less than it**
**had hoped. Nevertheless, several key directives have been adopted, in particular on the**
**protection of pregnant workers, collective redundancies, the adaptation of working time, and**
**health and safety at** **work.** **Major proposals were presented by the Commission to the Council,**
**including the Community employment framework aimed at launching collective and concerted**
**action by the Community institutions and the Member States against unemployment. The entry**
**into force of the social protocol involves the extension of Community jurisdiction and gives**
**scope for using new procedures in order** **to** **realize the social dimension.**

**The Commission has also brought out a Green Paper on European social policy. Discussion of**
**the proposals it contains is currently under way and should be concluded by 31 March 1994.**
**The conclusions will form the basis for a White Paper on social policy, to come forward in the**
**second** **half** **of 1994.**

**F.** **Training and education**

**Finally, the presentation by the Commission in** **1993** **of a summary of the** **results** **and achieve-**
**ments of Community training and education programmes** **(Petra,** **Force, Eurotecnet and**
**Comett)** **will serve as a basis for new proposals, which will contribute to promoting and**
**progressively establishing a European area for education and training, to accompany and**
**balance the completion of the single market.**

(39) COM(89) 568 final. November 1989

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

_**<L**_

**Introduction**

**1.** **The beginning of 1993 was the deadline for passage of the programme of legislation**
**called for in the** _**Commission's**_ _**1985**_ _**White**_ _**Paper,**_ _**Completing**_ _**the Intemal Market**_ **0). The**
**Community institutions and the Member States worked together to see the programme through**
**by 1 January 1993, and the fundamental decisions were taken in all sections of it with the**
**exception of the free movement of persons, putting the finishing touches to what can fairly be**
**described as an area without intemal frontiers in which the free movement of goods, services**
**and capital is ensured.**

**Since then the Commission has been making a thoroughgoing study of the measures needed**
**to ensure that this single market functions properly. The conclusions of a working party chaired**
**by Mr Sutherland were set out in a detailed report,** _**The Internal Market After 1992**_ **-** _**Meeting**_
_**The**_ _**Challenge,**_ **which set out to identify problems arising with the management of the single**
**market and to make recommendations for their solution. One of its recommendations was that**
**there should be an annual report on the working of the single market.**

**2.** **In its communication of 2 December 1992,** _**Communication**_ _**on the Operation of the**_
_**Community's**_ _**Intemal Market after 1992 •**_ _**Follow-up**_ _**to the**_ _**Sutherland Report**_ _**(2),**_ **the Commis-**
**sion confirmed that it would be producing an annual report on the operation of the single**
**market, and outlined its form and purpose: it would be intended to improve the transparency of**
**Community rules and of their implementation; it would follow on from the reports on the imple-**
**mentation of the White Paper** **(3),** **and would extend to the whole of the operation of the single**
**market.**

**The Commission again confirmed that intention in a further communication entitled** _**Reinforcing**_
_**the**_ _**Effectiveness**_ _**of**_ _**the**_ _**Intemal**_ _**Market,**_ **and added in the working document which accompa-**
**nied it that the report would describe all aspects of the administration of the single market (4).**

**3.** **In** **its final form, therefore, the report for 1993 seeks to outline the salient features**
**of the operation of the single market and to assess the administration of all measures**
**taken in each field. The single market is not just a matter of the legislative programme in the**
**White** **Paper;** **measures which had already been taken before** **1985** **are also relevant, as are**
**other developments which have consolidated and built on the programme. To keep the**
**general picture in view the report also refers to the general policies which figured**
**among the objectives of the Single Act and to areas which were outside the scope of the**
**White Paper.**

_0 )_ COM(85) 310 final, 14 June 1985

(2) SEC(92) 2277 final, 2 December 1992

(3) The seventh and last report on the implementation of the White Paper was issued on 2 September 1993:
COM(92) 383 final

(4) Commission working document, _Towards a_ _Stratège_ _Programme for_ _the_ _Intemal Market,_ COM(93) 256,
2 June 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

INTRODUCTION

**In the interests of transparency the report sets out to give an account of all the factors which**
**enter into the administration of the single market. It describes the operation of the machinery**
**which has been set up and the interpretation of** **the** **Community rules.**

**4.** **This report is the first in a new phase in the implementation and development of the**
**intemal market, in which objectives and the measures taken to achieve them will be governed**
**by the** **single** **market programme entitled** _**Making the Most of the**_ _**Intemal**_ _**Market: Strategic**_
_**Programme**_ _**(S).**_ **Beginning in 1994 it will also serve as a basis, alongside other papers and**
**reports, for monitoring the action plan for employment which was adopted by the Heads of**
**State and Government at the European Council in Brussels on 10 and** **11** **December** **1993** **(6).**

**The European Council will have the annual report before** **it** **when it discusses progress with the**
**action plan each year in December.**

(5) COM(93) 632 final, 22 December 1993

(6) Presidency conclusions: SN 373/93

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**PART ONE**

**Implementation of the internal market**

**Section** **1** **- Legislative work**

**§** **1** **-Decision-making process within the institutions**

5. Systematic controls at **the** Community's internal borders on goods, capital and
services have been abolished. Ninety-five per cent of the legislative measures in the
Commission's 1985 White Paper 0) have been adopted by the Council. Except for a relatively
small number of important proposals the basic legal framewQrk is therefore agreed. Furthermore, the Council has adopted a wide range of additional measures to complement the original
**1985** programme and others are under discussion. A detailed list of internal market proposals adopted or currently on the table - is set out in the appendices to this report. With regard to the
free circulation of persons, whilst customs controls have disappeared identity controls continue
to be made although some considerable progress in this area has been achieved by the
Schengen Group of countries. In certain sectors not covered by the 1985 White Paper
programme, notably energy and telecommunications services, considerable work has still to be
undertaken before a single Community market can be created.

6. **The** priority is **for the** Council to adopt the remaining White Paper measures and
**those** measures required **to** accompany the abolition of internal border controls **(see**
Annex 1). Delays in the decision-making process with regard to these measures are the
responsibility of the Council. Seventeen White Paper measures remain to be adopted in the
areas notably of intellectual property, company law, VAT and company taxation. Decisions are
still awaited on important proposals to establish a European Company Statute and to eliminate
double taxation (taking into account of losses, withholding of taxes on interest payments and
royalties). The decision by the European Summit on 29 October 1993 on the location of the
Office for Harmonization in the Internal Market (trade marks and designs) in Spain paved the
way for an agreement on the proposal relating to the Community Trade Mark. Following the
decision of the Spanish government, the location will be in Alicante. The proposal relating the
Community Trade Mark was adopted by the Council on 20 December (Regulation (CE) No.
40/94*).

The Council needs to take these decisions without further delay or should decide whether it
wishes to proceed with certain proposals (such as those concerning the European company
statute or food irradiation). Decisions have still to be taken on proposals concerning the legal

(1 ) COM(85) 310 final, 14 June 1985

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET

**protection of** **biotechnological** **inventions and on a Community system to protect legal rights of**
**plant breeders. A number of proposals in the company law field have been blocked pending the**
**outcome of discussions on the European Company Statute (2) and pending a subsidiarity**
**review** **(3).** **A proposal to modify rules on right of residence and employment permits for**
**workers and their families is blocked in the Council. A proposal relating to a special VAT**
**scheme for small firms has not yet been the subject of substantive discussion in the Council,**
**pending adoption of other indirect tax proposals.** **With** **regard to measures to eliminate intra-**
**Community controls, the Council has on** **its** **table proposals relating to VAT harmonization**
**provisions on second hand goods, gold transactions and transport of passengers; controls on**
**exports of dual use goods and, very recently, a proposal relating to the harmonization of rules**
**on hall marking of precious metals. The adoption of these proposals would be an important**
**contribution to the functioning of the Single Market.**

**The European Parliament has given its opinion on all but one of the outstanding White Paper**
**measures. Only in a few cases is the absence of an opinion holding up decisions in the Council**
**concerning non-White Paper measures (such as VAT on gold transactions).**

**7.** **The major part of the legislative programme for the Single Market has been presented by**
**the Commission. However, the work of building the Single Market did not end with the**
**opening of the internal frontiers on 1 January 1993. On the one hand, a number of propos-**
**als were presented during 1993, for example, on harmonization of hall-marking rules for**
**precious metals, and on measures to prevent the putting into free circulation, export and transit**
**of goods of counterfeit and of pirated goods.** **In** **the area of financial services, the Commission**
**brought forward a proposal to strengthen the prudential supervision of financial institutions and**
**another proposal concerning a guarantee scheme of investment protection. On the basis of the**
**Strategic Programme, referred to below, the Commission wish to adapt the adopted legislation**
**or to strengthen the functioning of the Single Market and will therefore present further legisla-**
**tive measures.**

**8.** **Since the presentation of the 1985 White Paper other fields were identified as**
**important for the functioning of the internal market such as energy, telecommunications**
**and trans-European networks. As a result the Commission has put important measures on**
**the Council table concerning application of ONP principles to voice telephony, a single licence**
**for provision of telecommunications services and a single Community market for natural gas**
**and electricity.** **In** **the field of trans-European networks proposals were brought forward on a**
**declaration of European interest and on telematic networks between administrations. These**
**measures were necessary to maintain the development of the Single Market. It is in these**
**areas in particular that the Council has to place its efforts, as it had already shown with the**
**adoption on 29 October** **1992** **of three Decisions on the establishment of a transeuropean road**
**network, a transeuropean waterways network and a combined transport network** **C*).** **Proposals**
**also remain under discussion in the field of technical harmonization relating to, for example,**
**lifts,** **pleasure boats, pressure equipment, motor vehicles and food. An important success for**
**the realization of the free provision of cabotage services in the transport sector was reached at**
**the Transport Council in June 1993. The legal texts relating to a limited common system of**
**road taxation and to the definitive regime for road transport cabotage of goods were finally**
**adopted on 25 October** **1993.** **In** **the financial sector, proposals on a bank deposits guarantee**
**scheme and on pension funds are awaiting decisions.**

( [2] ) 5th directive on limited company liability: COM(72) 887 final; COM(83) 185 final; COM(90) 627 final
10th directive on cross-border take-overs: COM(84) 727 final

(3) 13th directive on take-over bids: COM(88) 823 final; COM(90) 416 final

(4) COM(92) 230 final and COM(93) 231 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET

**§ 2 -Making the Most of the Internal Market: Strategic Programme**

9. On 22 December 1993 the Commission adopted its Strategic Programme for the Internal
Market, entitled _Making the Most_ _of the_ _Intemal Market_ (5). The programme was drawn up after
broad consultation between the Community institutions and organizations representing
economic and social interests, on the basis of the Commission communication _Reinforcing_ _the_
_Effectiveness_ _of the Intemal Market_ and its accompanying working document _Towards a_
_Strategic Programme_ _for_ _the_ _Intemal_ _Market,_ which the Commission adopted on 2 June 1993
for transmission to the Council, Parliament and the Economic and Social Committee (6).

It is intended that the Strategic Programme should serve as a guide for the consolidation and
development of the single market by the Community in the years to come; it meets a need
identified in the Sutherland report and in resolutions adopted by the Council and Parliament in
December 1992 _(J)._ A plan of this kind is needed because **completion of the body of legisla-**
**tion** **required** **is no guarantee that the single market will work properly.** Free movement is
profoundly changing the context of economic activity in the Community, and this poses **a**
number of challenges both to government and to business.

10. **The** strategic programme aims at:

   - completion of the basic legal framework for the single market;

   - managing the single market by establishing machinery to monitor the transposition
and implementation of Community legislation, including measures to improve administrative cooperation, access to justice, and the evaluation of Community rules;

   - developing the single market by setting up machinery for adapting Community rules
to the needs of a functioning market, including:

     - greater transparency in new legislation and procedures,

     - applying the principle of proportionality;
      - **a** coherent strategy for information and communication,

    - further improving the environment for business (enforcement of competition
policy, improving cross-border payments, further proposals on transport, action to
promote the protection of intellectual and industrial property, improvements in the
area of company law, the creation of a favourable tax regime for business, the
upgrading of European standardization, conformity assessment and quality
systems, measures to help SMEs, evaluation of the need for action in the areas of
commercial communication and the media, action to promote efficient and
competitive systems in commerce and distribution, and measures to increase
competition and business opportunities in the energy sector),

     - improving the environment for the consumer,

     - developing a coherent approach to the relationship between sustainable development and the internal market;

     - establishing trans-European transport, energy and telecommunications networks;

   - a dynamic and open external policy.

The programme will be revised and adapted regularly in order to take account of the development of the single market.

11. The Council meeting on the internal market which was held on 16 December 1993
welcomed the broad outline of the Strategic Programme. It took note of the conclusions of the
European Council in Brussels on 10 and 11 December 1993 on **full** use **of** the single market
**and the** development of trans-European networks, and stressed the need for a coordinated
approach here. It also took note of the invitation which the European Council addressed to the
Council and the Commission to continue their work in the light of the guidelines laid down by

(5) COM(93) 632 final, 22 December 1993

(6) COM(93) 256 final, 2 June 1993

(7) SEC(92) 2277 final, 2 December 1992

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET

the European Council and of the Commission's Strategic Programme. The Council said it was
awaiting with great interest the communications and proposals promised in the Strategic
Programme concerning measures to ensure the operation and dynamic management of the
single market; it undertook to give them priority in its own proceedings so as to am've at decisions rapidly.

**Section 2 - Application of Community rules**

**§** **1** **-Transposition**

12. The achievement of the objectives set out in Article 7a of the EC Treaty* (formerly
Article 8a of the EEC Treaty), which calls for an area without frontiers in which free movement
is ensured, depends mainly on the way in which the single market rules are applied. **If the**
**single market is to work properly in practice, that legislation has to be integrated into**
**the** **national** **legal** systems.

Of the 282 measures which the Commission laid before the Council under the White Paper
programme, 263 have been the subject of a Council decision and 18 are still pending. Over the
last three years there has been rapid transposition of this legislation into the laws of the
Member States. Despite the entry into force of around 100 fresh items requiring national
implementing measures, the rate of transposition rose from 70% in March 1991 to almost 82%
in December 1992.

Of course, the level of transposition tends to fall every time new legislation enters into force.
This happened at the beginning of 1993, when more than 30 items entered into force and the
rate fell to 69%. But the national authorities responsible acted to remedy the situation, and in
February the rate of transposition had returned to 80%.

There was a slowdown in the rate of transposition in the second quarter of 1993, but the trend
at present appears to be positive once again. There are 222 items requiring implementing
measures, and nearly 86% of the measures needed to transpose them have been adopted;
over 110 of them have been transposed throughout the Community. Three quarters of the
legislative programme has been transposed by ten Member States or more.

13. National performances vary. Countries such as Denmark, Portugal and the
United Kingdom have maintained a high rate of transposition, while others, such as Germany,
Ireland and Spain have not been able to keep up the necessary pace. The position of Greece
and the Netherlands improved in the course of September, bringing them up to the Community
average. Italy, which had built up a large backlog over at least the last three years, succeeded
in overcoming it and maintaining a pace well above average.

14. Taking the various sectors covered by the programme one by one, transposition is
complete as far as the free movement of capital and the rules on excise duty are concerned,
and nearly so in the case of company taxation. Member States transposed the indirect taxation
Directives within the deadlines, though with little time to spare, so that the new arrangements
were able to operate from 1 January 1993. Transposition is progressing in matters of controls
on persons, financial services (except insurance) and technical requirements.

Continuing delays in transposition are for the most part due to procedural difficulties associated with the national decision-making process or to the technical complexity of the legislation
required. The problem is concentrated in a few areas:

THE COMMUNITY INTERNAL MARKET                       - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET

     - Public procurement: Transposition of the three directives on supplies, works and
review procedures, which have been in force for more than a year and a half, is
almost complete. The outstanding delays are mainly in France, Germany and Spain.
There are serious hold-ups with the directives on utilities. Leaving aside Greece,
Portugal and Spain, which have extra time in which to adopt national measures, only
six Member States have transposed the main Utilities Directive and four the separate
directive on review procedures for the utilities. National measures have reached only
59% of those called for.

     - Company law: Difficulties in this field have led to hold-ups in most Member States,
except in the case of the Regulation on the European Economic Interest Grouping
(EEIG). The national measures taken to implement the five Community acts in force
here amount to only 60% of all those needed.

     - Intellectual and industrial property: Most of the delays have arisen with the directive
on trade marks and the directive on computer software, both of which have been in
force since the beginning of the year. Half the Member States have fallen behind
here; the difficulties are for the most part due to the highly technical nature of the
legislation, which often requires far-reaching changes to domestic law. The transposition rate is 61%.

     - Insurance: Of the six directives intended to establish freedom to provide services in
the insurance business, four still await transposition even though the deadlines have
passed (the Member States mainly concerned are Luxembourg and Spain). The
delays are greatest in the case of the Motor Insurance Directive and the Non-life
Insurance Directive. The Motor Insurance Directive has been in force since May
1992, but four countries have not yet notified national measures to transpose it. The
Life Assurance Directive, in force since November 1992, has been fully transposed by
only two countries, and partly so by two others. National measures to implement the
six directives come to 73%.

There are also some delays in animal and plant health and in pharmaceuticals:

     - Veterinary and plant-health control: Despite major difficulties still being encountered
at the end of 1992, the transposition of the rules adopted in this area is now at an
advanced stage. In general it can be said that continuing delays affect only directives
which have come into force recently, and that the majority of cases involve Greece,
Ireland, the Netherlands and Spain. The rate of transposition is close to 92%.

     - Pharmaceuticals: Of about 30 pharmaceutical directives which were submitted with a
view to the completion of the intemal market, eleven have not yet been transposed by
all Member States. But the delays are not major ones, and affect only a very small
number of Member States. Some directives were adopted by the Council in 1991 or
1992 but entered into force only in 1993. Most Member States have transposed these,
with the exception of those on veterinary medicinal products, where the time allowed
expired only in April and August 1993.

15. The Commission keeps a systematic watch on the incorporation into the national legal
orders of the Community measures taken under the 1985 White Paper. But this check on the
figures does not give a true picture of the character of the national measures being taken
and the way the Community legislation is being implemented in practice. The Commission acts
in two ways to monitor this aspect.

The Commission seeks to ensure transparency in national measures by publishing regular
reports on the implementation of Community law (8), and through databases (Celex and
Info 92) which provide references for national measures implementing Community legislation.
Any Member State may use this information to obtain copies of implementing legislation. The
situation could be improved by publishing such measures in full, so that there would be better
mutual supervision of their effectiveness.

(8) See the _Tenth Annual Report to the European Padiament on Commission Monitoring of the AppBcation of_
_Community Law_ _-1992_ (OJ C 233. 30 August 1993)

THE COMMUNITY INTERNAL MARKET -1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET

**The Commission also checks national measures to see that they do** **properly** **implement the**
**Community legislation. This is not simply a matter of comparing wordings; the Commission has**
**to take account of the various forms of legislation in different countries, perhaps originating at**
**different levels of government, and of** **the** **legal system in general. Given the complexity of this**
**task, the Commission has to follow a variety of methods.**

**•** **In most cases the Commission studies the national measures at the draft stage.**
**Collaboration between Commission staff and national authorities here allows differ-**
**ences of interpretation to be sorted out and avoids infringement proceedings later.**

**•** **Once national implementing measures are notified the Commission studies their**
**compatibility with the Community legislation; in some cases it asks for studies to be**
**earned** **out by outside experts. If necessary it initiates infringement proceedings. In**
**some technical areas the Commission acts on complaints from private parties or**
**Member States who observe that national measures are incorrect. Meetings of the**
**various Community-level specialized committees allow a constant watch to be kept**
**on the working of the rules and thus on how** **well** **they have been implemented.**

**The task of monitoring proper implementation is frequently rendered difficult by the** **Commis-**
**sion's lack of resources. Methods of organizing this form of supervision and ensuring system-**
**atic and consistent examination of** **national** **rules are being considered under the Strategic**
**Programme.**

**Certain elements of the establishment of** **the** **intemal market depend crucially on the availability**
**of** **standards.** **In** **particular, the functioning of the** **"New** **Approach"** **Directives, and aspects of the**
**opening of public procurement contracts to competition, are closely linked to the availability of**
**European standards and their transposition at national level.**

**The** _**Eleventh Annual Report to the European Parliament on**_ _**Commission Monitoring**_ _**of the**_
_**Application**_ _**of**_ _**Community**_ _**Law - 1993,**_ **which is being finalized at present, containing analyses**
**and figures covering infringement proceedings which the Commission has initiated against**
**Member States under Article 169 of the EC** **Treaty*,** **will be the main reference document for**
**information on the application of Community law. However, Annex 2 to this Report on the inter-**
**nal market gives, for the first time, an overview of progress in transposing into national law all**
**the Council and Commission legislation concerning the internal market.**

**§2-Implementation**

**A.** **Cooperation between administrations**

_**a)**_ _**Cooperation between administrations**_

**16.** **The Sutherland Report identified administrative cooperation as a key factor in the opera-**
**tion of the single market, and it is to be the subject of a communication which the Commission**
**will be submitting to the Council and Parliament in the first quarter of** **1994.**

**Administrative cooperation is already working well in many areas (such as veterinary matters,**
**plant health, pharmaceuticals, foodstuffs, customs and indirect taxation), but completion of a**
**single market requires a thorough study of the way it works, as each supervising authority now**
**has a responsibility to the Community as a whole. In the course of preparing the communica-**
**tion the Commission has had a series of discussions with Member States, looking at adminis-**
**trative cooperation in various areas, such as the "new approach" to technical regulations, or**
**dangerous substances, foodstuffs, the recognition of qualifications, veterinary inspection and**
**medicines for human and veterinary use.**

**In** **the course of the preparatory work a few options have begun to emerge as desirable regard-**
**ing measures to be taken at Community level to provide a back-up for administrative**
**cooperation; these would be limited to the strict minimum needed to ensure the proper opera-**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET

**tion of the single market and would have to be in proportion to the objectives pursued and**
**avoid unnecessary red tape:**

**•** **The Council should approve the general framework proposed for administrative**
**cooperation,** **both among the Member States and between them and the Commission,**
**so that the single market legislation is applied in as transparent and consistent a way**
**as possible. It should be accepted that the departments responsible for applying the**
**legislation in the Member States are under an obligation to assist one another in the**
**performance of their duties by responding to requests for cooperation and by**
**exchanging relevant information under appropriate rules of confidentiality.**

**•** **The Commission should launch a work** **programme,** **to be completed by the end of**
**1994,** **to identify the administrative cooperation arrangements already in operation or**
**already proposed in different fields, to designate "enforcement correspondents" to act**
**as points of contact with the other Member States and the Commission in each field,**
**and to establish whether** **the** **present machinery does really match needs.**

**•** **The Commission should take measures to help with administrative cooperation**
**between the Member States: this might be done by drawing up guides interpretating**
**the legislation, by facilitating the establishment of computer links between depart-**
**ments,** **by assembling and analysing data, by facilitating the management of staff**
**responsible for applying Community legislation in the single market through**
**exchanges between States (along the lines of the Karolus and Matthaeus**
**programmes which are already under way) and other training schemes, by publishing**
**a periodical which would** **provide** **documentation and contact for national administra-**
**tive departments, and by simplifying administrative cooperation procedures through**
**the use of standard forms.**

**•** **The Council should take steps to improve existing machinery for mutual assistance**
**between administrations ffl.**

**The Commission would propose legislative measures if it proved necessary in the light of the**
**results of** **this** **work programme.**

_**b)**_ _**Trans-European data-transmission links**_

**17.** **In** **1992,** **in order to improve administrative cooperation, the Commission promoted the**
**development of networks in four priority areas: taxation, customs, veterinary and plant-**
**health control, and statistics.**

**The customs systems are concerned particularly with the administration of the integrated**
**Community tariff** **(Taric)** **(10) and enable the Commission to send national customs authorities**
**infonmation on customs duties and agricultural levies, goods classification decisions (binding**
**tariff information) and quotas (the Quota base). Throughout** **1993** **there were weekly electronic**
**dispatches to customs departments in the Member States informing them of any new measures**
**governing imports into the Community and exports from it. This infonmation was then incorpo-**
**rated into the national systems for automatic clearance and the production of printed working**
**tariffs.**

**The tax systems are concerned with the exchange of information on the collection of VAT in**
**intra-Community** **trade** **in goods (VIES), and the exchange of information on excise duties**
**(underdevelopment).**

**There are also a number of systems which enable customs tax authorities to exchange infor-**
**mation in their efforts to combat fraud: the Scent system established in** **1987,** **and its improved**
**version CIS (customs information system), which has a richer selection of functions, is already**
**in operation: 220 work stations are installed and an intensive information programme is under**
**way (soon to be brought into line with the X400 standard). This system enables customs**

(9) For example, in the customs field, the amended proposal for a Regulation in COM(93) final - SYN 450,
1 September 1993

(10) OJ C 143 and 143A, 24 May 1993; Taric tabulates the Community legislation on the import and export of goods, and
thus makes for transparency in the customs field

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

10 IMPLEMENTATION OF THE INTERNAL MARKET

**departments to send one another information on unlawful trafficking in drugs and other sensi-**
**tive products such as cultural and dual-use goods. A Scent system for taxes is being devel-**
**oped.**

**18.** **An overall modernization strategy was also defined, in order to provide the Community**
**area with electronic data transfer networks which would benefit all departments with a role in**
**the management of the single market.**

**In** **1993 the Commission adopted a communication to Parliament and the Council accompanied**
**by two proposals for Council decisions, one proposing a set of measures concerning trans-**
**European data transmission networks linking administrations, and the other proposing**
**Community support machinery in the form of a multiannual programme to be known as IDA**
**(interchange of data between administrations)** **(** **[11]** **),** **which is intended to help with projects of**
**common interest and measures to make these networks interoperable. The total cost of the**
**programme for establishing data transmission networks between administrations is**
**ECU 340 million. A preliminary appropriation was included in the budget for** **1993** **to meet the**
**most pressing needs. An information system for public procurement (Simap) and the data**
**transmission project being developed by the European Agency for the Evaluation of Medicinal**
**Products were included.**

**To facilitate administrative cooperation the Commission is currently consulting with the Member**
**States on the accelerated introduction of an electronic mail system linking all the administra-**
**tions involved in the management of the intemal market** **(** **[12]** **).** **Such a network is considered a**
**priority objective in both the White Paper on** _**Growth,**_ _**Competitiveness**_ _**and Employment**_ **and**
**the Strategic Programme; it is an indispensible tool for** **ensuring** **the smooth operation of the**
**single market and will provide tangible evidence of the usefulness of information technology in**
**strengthening administrative cooperation.**

**19.** **Coordination of policy on data-processing networks is vital if their development is to be**
**coherent and synchronized, to prevent the installation of disparate and incompatible**
**systems. There are three main concerns here:**

**•** **giving the Community a system for administering Community rules which facilitates**
**the smooth operation of the single market for the greater good of industry and**
**commerce and of society in general;**

**•** **restoring a climate of confidence by giving business the assurance that Community**
**rules are being applied uniformly and fairly, and by stepping up measures to combat**
**fraud;**

**•** **modernizing the administrative environment of** **businesses,** **thus making them more**
**competitive, by speeding up and simplifying formalities.**

**B.** **Creation of structures to ensure that the internal market functions smoothly**

_**a)**_ _**Advisory Committee for Coordination in the Internal Market Field**_

**20.** **In** **1990,** **in order to help it with problems arising in the course of the completion of the**
**single market, the Commission set up a working party of senior officials from national admini-**
**strations, known as the "coordinators", who sought to** **coordinate** **work concerning the intemal**
**market. The Commission subsequently decided to institutionalize this group, and set up, by**
**Decision** **93/72/EEC** **of 23 December** **1992,** **the** **'Advisory** **Committee for Coordination in the**
**Intemal Market Field', which is made up of representatives of the Member States, who are for**
**the most part former coordinators.**

(11) COM(93) 69 final

(12) The Euromail initiative: COM(93) 700 final, p. 74; COM(93) 632 final, pp. 13/14

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**IMPLEMENTATION** **OF** **THE INTERNAL MARKET** **11**

**The Committee is intended to settle any difficulty which might arise out of the operation of**
**the single market and possibly from the ending of controls at internal borders. It advises**
**the Commission on any question which requires an effective and immediate response or which**
**needs urgent attention. Since February** **1993** **it has considered matters as varied as the ending**
**of border controls, follow-up to the Sutherland report, cultural property, data-transmission**
**networks, ratification and transposition of international conventions, administrative cooperation,**
**preparations for the strategic programme, and the transfer of corpses and of radioactive metal-**
**lic** **waste.** **The wide scope of the subjects dealt with illustrates the way the Committee is already**
**helping to consolidate administrative cooperation.**

_**b)**_ _**Business Feedback Committee**_

**21.** **The Business Feedback Committee (comité d'écoute) was set up in February** **1993** **and**
**had met three times by the end of June. The membership of the Committee consists of repre-**
**sentatives of the business world at all levels - the major trade and industry organizations as**
**well as representatives of SMEs** **-** **and of the network of** **Euro-Info** **Centres. It is chaired by the**
**Commissioner responsible for indirect taxation (Mme Scrivener) and provides an opportunity**
**for direct dialogue on questions connected with the operation of the transitional VAT**
**regime** **and excises. All participants have expressed their appreciation of the creation of the**
**Committee, which allows direct and structured access to the Commission by representative**
**bodies. The Committee values the direct feedback to the Commission on the operation of the**
**new VAT provisions.**

_**c)**_ _**Advisory Committee on Customs and indirect Taxation**_

**22.** **The Advisory Committee on Customs and Indirect Taxation was set up by Commission**
**Decision** **91/453/EEC** **of 30 July** **1991/** **It** **has 19 members representing a range of categories:**
**industry (3), agriculture and fisheries (2), commerce (2), trade organizations (2), chambers of**
**commerce and industry (2), transport (2), banking and insurance (1), customs agents (including**
**forwarding agents)** **(2),** **tourist bodies (1), labour (1), consumers (2) and small and medium-**
**sized businesses (1). The Committee met twice in 1993., Its comments on the introduction of**
**the single market in the customs and indirect taxation spheres have been generally positive.**

**§ 3 -** **Monitoring**

**A.** **At Community level**

**23.** **Article 155 of the EC Treaty* gives the Commission the task of monitoring compliance**
**with Community rules: except in a few** **well-defined** **cases, on-the-spot inspection is a matter for**
**the Member States. In some areas the Commission does carry out on-the-spot inspections.**
**One of these is plant health.**

**The Office for Veterinary and Phytosanitary Inspection and Control** **earned** **out inspections**
**in all twelve Member States and in 38 non-Community countries during** **1993.**

**Inspections are carried out on veterinary and** **public-health** **grounds in establishments producing**
**fresh meat or meat-based products, or in order to investigate fraud, or to detect the use of**
**hormones; there are also inspections in the fishing industry. These inspections have shown that**
**the establishments producing fresh meat in the Community have been steadily improving.**
**Animal health inspections were concerned more particularly** **with** **horses, poultry and sperm and**
**embryo production in certain non-Community countries. A large number of inspections are**
**associated with outbreaks of infectious diseases both inside and outside the Community.**

_rHECOMMCfMrYMTERUAl_ _MARKET -_ 1993 REPORT

12 IMPLEMENTATION OF THE INTERNAL MARKET

The establishment of a single market has made it necessary to set up veterinary inspection
posts at the Community's external borders; the posts have had to be inspected in order to
establish whether what was proposed by the Member States corresponded to the Community
standards, and a selection was gone through before a Community list was drawn up.

Complaints made to the Commission regarding the application of Community law also provide
a channel through which the Commission can monitor the application of the rules by the
Member States.

B. At national level

_a)_ _Training/information_ _measures_ _**for government departments**_

Customs

24. The Council has approved a programme of Community action on the vocational training
of customs officials, known as the Matthaeus programme (Decision 91/341/EEC).* This
comprises three main types of training measure: exchanges of customs officials between
Member States (1 800 between 1989 and 1993), seminars on questions of common interest
(more than 50 between 1990 and 1993) and common training programmes, which are
approved at Community level and then implemented in the Member States' own training
centres (the Commission has approved four programmes so far).

The Matthaeus Committee has provided a channel for the exchange of information on the
structure and methods of operation of customs departments in different countries, a channel
whose usefulness extends beyond the Matthaeus programme proper.

Indirect taxation

25. The Community dimension in the work of tax departments in the Member States is
growing steadily, and the Commission proposed that there should be a training programme for
officials responsible for indirect taxation, Matthaeus-Tax, along the lines of the Matthaeus
programme for customs officials. The Council approved this programme on 29 October 1993
(Decision 93/588/EEC).*

_The KAROLVS programme_

_On_ _22 September 1992_ _the_ _Council adopted Decision 92/481/EEG_ _on the_ _adoption_ _of_ _an action plan_ _for_
_the exchange between_ _Member State administrations_ _of national officials_ _**who**_ _**are**_ _engaged in_ _**the**_
_implementation of Community legislation required to achieve_ _the_ _internal market_ _This action_ _plan,_
_known_ _as_ _'Karolus",_ _began on 1 January_ _1993,_ _and_ _is to_ _run for five_ _years._ _It_ _is_ _intended_ _to_ _make H easier_
_for_ _Community single market legislation_ _to be_ _applied_ _in_ _**a**_ _uniform fashion_ _and to_ _encourage personal_
_contact between_ _the_ _officials responsible_ _for_ _implementing_ _it in the_ _Member_ _States._ _It wilt enable 1_ _$00 of_
_them_ _to_ _work with their opposite numbers in another Member State for_ _an average_ _period of_ _two_ _months*_

_In 1993 the priority areas were_ _pharmaceutical_ _products,_ _public_ _procurement,_ _export controls_ _on_ _dual-use_
_products_ _and_ _technologies,_ _conformity testing_ _and_ _market_ _supervision,_ _foodstuffs,_ _plant_ _health,_ _banks,_
_insurance_ _companies,_ _stock_ _exchanges and undertakings_ _for_ _colfeotive investment_ _in_ _securities,_ _and_ _road_
_transport.._

_in 1994 the number of priority areas was_ _increased_ _in_ _consultation_ _with the_ _representatives_ _of the_
_Member States who_ _sit on the_ _management committee assisting_ _the_ _Commission with_ _the_ _administration_
_of_ _the_ _programme;_ _the_ _priorities_ _now_ _also include consumer protection_ _with regard to_ _consumer_ _credit,_
_product safety_ _and_ _package_ _tours,_ _management of_ _transfers_ _of_ _waste between Member_ _States,_ _checks_ _to_
_ensure that_ _seagoing_ _vessels comply with_ _international_ _rules on maritime safety and_ _environmental_
_protection,_ _operation_ _of_ _the statistical programmes relating_ _to the_ _internal_ _market,_ _competition_ _{with the_
_emphasis_ _on the_ _drafting_ _and_ _application_ _of_ _rules_ _on_ _restrictive_ _practices,_ _dominant positions_ _and_ _merg-_

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET 13

_ers),_ _free movement of workers, and the implementation of Directive_ _83/189/EEC_ _on technical standards_
_and regulations,_ _*_

_By_ _the end_ _of_ _1993 applications under the scheme had been received from 600 officials_ _in_ _alt Member_
_States With the exception_ _of_ _Belgium and_ _Luxembourg._ _Seven host countries were applied_ _for,_ _the_ _excep_
_tion being_ _Greece._ _The operation has thus been_ _slow_ _to get_ _under_ _way,_ _this is_ _presumably due to the time_
_needed in_ _the Member states to set up coordination_ _machinery_ _for the_ _programme,_ _and_ _to_ _circulate_ _infor-_
_mation among potential exchange_ _officials,_ _given_ _the very_ _different ways_ _in_ _which_ _the_ _departments_
_concerned_ _are_ _organized._

_The European institute_ _of_ _Public_ _Administration in_ _Maastricht is helping the Commission with the_ _organiza_
_tion of the_ _programme._

_b)_ _Access to justice_

26. If the Community area is to be run properly, national and Community institutions must be
able to enforce Community law, enforcement being an integral part of any legal system. The
rule of law is a fundamental principle of the constitutions of all Member States, but the fact
remains that single market entitlements such as freedom of movement will be exercised to the
full only when individuals and firms are satisfied that they will indeed be able to enforce their
rights, in a clear and simple fashion, wherever they may be in the Community. Otherwise citizens will not view the territory of the Community in the way they view the territory of their own
country, and the operation of the single market will suffer as a result.

When it drew up the Strategic Programme, therefore, the Commission included a chapter on
**redress:** access to justice and judicial cooperation, which sets out a series of measures
intended to improve the situation, over the three years 1994-96. These measures fall under
four main headings:

   - improving access to Community law in legal circles;

   - encouraging recourse to the national courts;

   - reinforcing the mutual recognition of judgments;

   - further study of the question of conflict of laws in the single market.

27. Some of the measures called for were launched in 1993.

The two most important of these were the following:

   - On 6 December 1993 the Commission adopted an Interpretative Communication
concerning the Free Movement of Services across Frontiers (13) under Articles 59
et seg. of the EC Treaty*. This sets out to make interested parties aware of the
principles the Court of Justice has developed in cases involving services, at a time
when the macroeconomic importance of the services sector is growing in terms of
both gross national product and employment. The Court has held that a Member
State may not prohibit the supply on its territory of a service lawfully provided in
another Member State on the sole ground that the requirements there are different.
Only overriding reasons relating to the public interest can justify a departure from the
principle of free movement, and the exception must be in proportion to the objective
pursued.

   - On 17 November 1993 the Commission adopted the Green Paper Access of
Consumers to Justice and the Settlement of Consumer Disputes in the Single
Market (H). This offers a detailed analysis of the difficulties which arise in the settlement of cross-border disputes, whether through the courts or through out-of-court
proceedings involving arbitration or an ombudsman. It concludes that the complexity
of disputes between one country and another is ultimately a consequence of the existence of legal and judicial borders within the Community. The Commission accord

(13) OJ C 334, 9 December 1993

(14) cOM(93) 576 final, 16 November 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

14 IMPLEMENTATION OF THE INTERNAL MARKET

ingly proposes a number of themes for discussion, in order to initiate a thoroughgoing
debate on the steps which might be taken at Community level. Interested parties have
until 31 May 1994 to send the Commission their comments and suggestions, on a
matter which affects the daily lives and affairs of individuals and businesses alike.

**Section 3 - Transparency**

28. Transparency in Community law is **vital to the relationship between the public and**
**the** institutions: if the single market is to succeed, ordinary members of the public must know
their rights, and if those rights are infringed they must know what remedies are available to
them.

Transparency or openness also means that when legislation is drawn up citizens should be
consulted through organizations which represent them and defend their interests. The different
social and economic groups will then be able to make their views known from the earliest
stages in the drafting of Community legislation.

Citizens who are aware of their rights and of what the Commission is doing, and who have
representatives dealing with the Commission on their behalf, will be able to play their proper
part in the development of the Union.

Transparency also serves to ensure that the principle of subsidiarity is being applied
properly, by enabling everyone to see whether the Commission is acting only where necessary.

**§** **1** **-Transparency of Community law**

29. Given the importance of information and communication here, the Commission is
reviewing the information channels it uses at present, in an effort to identify more effective
methods, and is designing operations to be undertaken in partnership with the Member States.
It is also drawing up a general information plan for the single market.

The Info 92 database is the most complete source of information on the single market. It
currently has six sections dealing with the single market:

 - news update, providing information on recent and forthcoming events (agendas and
reports of proceedings of Council, Parliament and Commission, dates of entry into force
of directives);

  - completing the intemal market, which is concerned especially with the implementation of
the White Paper (detailed information and points to note about each measure, whether
adopted or still pending) (15);

  - national implementing measures, stating the legal acts used to transpose Community
legislation into the domestic laws of the Member States, with publication references ( [16] );

  - the area without frontiers: Questions and answers, made up of about 300 clearly set out
answers to questions on the main aspects of the single market which have been asked
by members of the public through Euro Info Centres, Commission offices and Team

( [15] ) This section is published in booklet form each year in six volumes, stating the position on 1 January of the current

year

( [16] ) This section is published in booklet form twice a year, stating the posrtion on 1 May and 1 November of the current

year

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET 15

Europe (this section of the database is partly accessible to the public, in nine Community
languages, and is to be fully accessible by the end of 1993);

   - consolidated legislation, providing current texts of single market legislation; these have
been put together purely for information purposes, without any formal approval
(consolidated versions in nine languages have been available for consultation since
February 1993) (17);

   - the social dimension of the single market, which at present provides practical information
on the free movement of persons (right of residence, living and working conditions,
vocational qualifications, social security, etc.).

The Commission also intends to publish compilations of legislation by subject area, in all the
Community languages. The first of these concerns foodstuffs, and sets out all the legislation on
the subject, in consolidated form wherever necessary. The next one is to deal with pharmaceuticals.

A study of INFO 92*s impact on the public in 1994 might lead the Commission to reorganize it.

_Legislative consolidation_

_Alongside_ _the_ _informal_ _or_ _declaratory consolidation_ _work_ _incorporated into_ _the_ _info_ _92_ _database_ _there is_
_the legislative consolidation_ _programme,_ _which_ _is another_ _important step towards_ _greater_ _transparency_ _in_
_Community iaw._ _In_ _legislative consolidation_ a _new version incorporating_ a _legislative act and all its_
_successive amendments is formally approved and_ _replaces_ _the_ _earlier legislation»_

_The_ _CoundJ_ _adopted a few_ _consolidated directives_ _of this kind in_ _ig93,dealing_ _with_ _quatifiçations_ _in_
_medicine,_ _public_ _procurement,_ _and_ _fruit_ _juices and certain_ _simSar_ _products^_ _Proposals on tractors,_
_dangerous_ _substances,_ _fertilizers_ _and_ _units_ _of_ _measurement are in the course_ _of_ _adoption_ <*fy

_The_ _fact_ _remains,_ _however,_ _that_ _despite declarations stressing_ _the_ _importance of_ _this work_ _the time taken_
_is_ _far_ _too_ _long._ _About_ _18 months went_ _by_ _between_ _the_ _Commission proposal_ _and_ _final adoption_ _of_ _those_
_consolidated directives which_ _have been_ _approved,_ _and_ _little progress_ _has been made with the others,_
_some of_ _which_ _were proposed_ _more_ _than two years ago. To_ _reduce_ _the delay new_ _working methods_
_should be_ _defined which_ _take_ _account of_ _the_ _fact_ _that_ _consolidation_ _is a purely_ _format_ _step._ _The substance_
_of_ _the act_ _remains_ _unchanged,_ _and_ _there is no need_ _to_ _reopen_ _a_ _debate which_ _may_ _well feed_ _to_ _disagree-_
_ment and_ _delay._ _The_ _Commission_ _is_ _continuing_ _its_ _discussions_ _with the_ _secretariats_ _of the_ _Council_ _and_
_Pariiament._

_The Commission intends_ _to_ _continue_ _and_ _develop this work within the limits of_ _the_ _resources_ _available,_ _in_
_addition_ _to_ _the consolidation measures provided_ _for_ _in_ _the_ _1993 legislative_ _programme,_ _a recent_ _Commis-_
_sion communication lists all the single market legislation needing consolidation_ (20).

**§ 2 -Transparency of** **national** **implementing measures**

30. On the basis of what was said in the course of the consultations which led up to the
Strategic Programme, the Commission is considering whether it would be worth taking steps to
improve the transparency of national implementing measures. In the Strategic
Programme (21) the Commission suggested that all implementing legislation in each subjet
area should first be published, after which the Commission would consider approaches from

(17) Legislation on foodstuffs, proprietary medicinal products and company law is already available; legislation on the new
approach and the removal of tax frontiers will be available shortly

( [18] ) Medicine: Directive 93/16/EEC*- public procurement: Directives 93/36/EEC,* 93/37/EEC.* and 93/38/EEC* - fruit
juices and certain similar products: Directive 93/77/EEC*

( [19] ) Tractors: SEC(91) 466 final, 20 June 1991- dangerous substances: SEC(91) 1608 final, 23 September 1991 fertilizers: SEC(91) 1858 final, 5 December 1991     - units of measurement: SEC(91) 1047 final, 20 June 1991.

(20) COM(93) 361 final, 5 December 1993

(21 ) COM(93) 632 final, 22 December 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

16 IMPLEMENTATION OF THE INTERNAL MARKET

private publishers wishing to put out these collections in other Community languages; but a
majority of Member States did not feel this was a priority. Nevertheless, the views of those
active in the economy will also be considered, and the Commission will consider any other
method which might make information on the legislation governing the operation of the single
market in the Member States more accessible to businesses and consumers.

The Commission is considering the possibility of a pilot scheme in 1994 under which it might
subsidize a small number of private plans to publish national legislation transposing Community law, on the basis of a call for expressions of interest to be published in the Official Journal
of the European Communities.

31. It may be noted that in the **tax and** customs field, a body of documentation has gradually been built up which is intended to include all national measures transposing Community tax
directives and all essential national customs legislation. This should allow the continuation of
comparative analysis of the transposition of tax directives and of the application of customs
rules in the various Member States. In the case of VAT an analysis of this kind was already well
under way in the two years before completion of the single market. The same technique is to be
extended to the directives on _excise_ duties and to the external customs dimension of the single
market, perhaps applying a subject breakdown.

**§ 3 -Information and communication**

32. In its work programme for 1993 the Commission gave priority to **information and**
communication. To maximize the effect, better coordination is needed: it would allow clearer
messages to be sent with a greater impact on the public, and help to improve transparency in
Community affairs.

To coordinate the various efforts going on, reduce duplication, ensure that messages have
greater impact and secure better cost-effectiveness, the Commission has approved a Communication on the coordination of information and communication policy for the single market (22).
This recommends active coordination of information and communication work in the Commission, with special reference to the single market, and a new coordinated programme to intensify
information and communication work.

On 15 June 1993 a detailed analytic inventory of information and communication programmes
in the various Directorates-General was presented (23). Further proposals, on a global action
plan for information and communication on this topic and on strenghtening some actions
already in progress, are being studied by the Strategy Group.

**Section 4 - Economic and industrial impact of the internal**
**market**

33. The internal market should be conceived of as an enabling programme offering
individual companies in certain sectors the opportunity to expand through growth of
market share on other Community markets - opportunities which were previously denied by
the existence of widespread non-tariff barriers. The impact of the internal market should therefore be gauged in terms of its effect on the trading patterns of individual companies or carefully

(22) Joint Communication from Mr Pinheiro and Mr Vanni d'Archirafi, SEC(93) 682 final, 5 May 1993

(23) _Better_ _Information_ _on the_ _Single_ _Market - an Analytic Inventory,_ document X/B version No 4, 15 June 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET 17

**defined sectors, and in terms of its impact on market structures and the degree of competition**
**in previously oligopolistic national sectors. The** **macroeconomic** **estimates of the Cecchini**
**report** **(24)** **are an illuminating indication of the long-term benefits which will result from the**
**improved resource allocation induced by the internal market programme. They cannot,**
**however, be used as a benchmark for assessing the success of the Single Market programme.**
**This is because the macroeconomic consequences of Community legislation** **in** **liberalizing**
**trade will be phased in over a number of years, and because the impact of the intemal market**
**will be virtually impossible to isolate from the various other economic forces operating on the**
**Community economy (such as globalization of many markets, technological progress, past and**
**future enlargements, German unification and liberalization towards Eastern Europe).**

**34.** **The intemal market is - first and foremost - an initiative which is intended to produce**
**improvements in the** **microeconomic** **tissue of the Community economy. The Commission**
**therefore proposes to focus on the reshaping of business operations and industry structures in**
**those sectors and regions of the Community market which are most affected by the completion**
**of** **the** **internal market. Attempts to evaluate the internal market from a microeconomic**
**perspective will have to take the following issues into account:**

**• Timing issues - The internal market has not been a "Big Bang". Legislation has**
**entered into force at different times, which means that liberalization in some sectors**
**(foodstuffs, toys, machines) is relatively more advanced than in others where legisla-**
**tion may not yet have come into effect ("third generation" directives in insurance, or**
**public procurement legislation affecting utilities). Thus for many sectors it may be too**
**early, at this stage, to witness the impact of intemal market legislation on business**
**and the wider economy.**

**•** **Complementary measures - In, some cases, internal market completion requires that**
**the Community go beyond the basic legislative checklist laid down in the White**
**Paper. The implementation of the forthcoming Strategic Programme will help to**
**ensure that the full potential of the internal market is realised.**

**• The general macroeconomic environment - The current recession has led many**
**Community firms to be more cautious and to delay strategic reactions to the opportu-**
**nities generated by the intemal market. Once economic recovery gets underway,**
**firms may begin to implement corporate strategies designed to take advantage of**
**market openings stemming from the intemal market programme, and this in turn will**
**induce the systemic and structural changes which are expected to follow. The**
**improvement in business fortunes as recovery gathers momentum is, therefore, likely**
**to be the signal for corporate restructuring in response to the internal market.**

**35.** **Although it is too early to draw definitive conclusions about the impact of the internal**
**market, the following developments suggest that the internal market is already acting as the**
**catalyst for a qualitative shift in the nature of Community competition.**

**•** **The removal of border formalities is facilitating** **cross-border** **trade. Evidence of the**
**improvements is documented in a survey of** **Euro-Info** **Centres carried out in July**
**1993** **(25),** **and in the first Annual Report of the SME Observatory (26). Both studies**
**also underlined the fact that internal market legislation to increase access to public**
**procurement markets, and to remove technical trade barriers have yet to make their**
**impact widely felt.**

**• The removal of controls on capital movements has allowed for a marked increase in**
**the decree of integration of some Member** **States** **(France, Italy) into international**
**capital markets. Increased integration of capital markets and markets for portfolio**
**investment will facilitate cross-border investment, and ease the credit squeeze in**
**some Member States which had contributed to higher costs of capital in those**

(24) _'Le_ _coût_ _de_ _la non-Europe • Basic_ _findings"_ - **f** Document") - Luxembourg: OOPEC, 1988 -16 volumes

(25) Euro-Info Centre: Single Market Questionnaire - Results: Euro-Info Centre Project, September 1993.

(26) First Annual Réport of the European Observatory for SMEs. Report submitted to DG XXIII by the European Network
**for** SME research, and coo-ordinated by EIM (Small Business Research and Consultancy, Netherlands Economics
Institute). August 1993.

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

18 IMPLEMENTATION OF THE INTERNAL MARKET

countries. Free capital movement also represents a precondition for effective liberalization of Community financial services markets.

   - The internal market has been accompanied by a surge in intra-Community foreign
direct investment. This has been heavily concentrated in those sectors most directly
concerned by internal market liberalization, and has been particularly pronounced in
certain service sectors.

   - The intemal market programme has also attracted considerable interest from overseas investors. It has been one factor which has led to increased investment in the
European Community on the part of United States', Japanese, and companies from
EFTA States.

   - Part of the increased intra-Community direct investment has taken the form of a wave
of cross-border mergers and acguisitions which constitute a strong indication of
companies intention to step up their presence on partner country markets.

    - In the banking and insurance sectors, where obstacles to cross-border trade were
particularly pronounced, there is evidence of a profound change in the nature of
cross-border competition. This is reflected in a growing number of branches and
outlets in other Community countries, and in an increasing share of national insurance
markets held by partner country producers.

    - There are indications that the removal of non-tariff barriers is already facilitating intraCommunitv commerce and competition in the sectors most affected by the internal
market programme. Summary statistics which suggest that such an evolution is taking
place are the increase in the proportion of Member States' trade which is directed
towards other Community countries, and the increasing share of national consumption
which is met by intra-EC imports. Examples of the sectors concerned include
télécoms equipment, medico-surgical equipment, electrical machinery, machine tools,
consumer electronics, and computers and office equipment. This development
implies increased partner country presence on national markets and, by extension,
greater competitive discipline on domestic incumbents.

36. Although the internal market has not yet reached its full potential, its credibility and
irrevocability have exerted profound effects on business behaviour. On average,
econometric calculations show that the contribution of integration to economic growth has
accounted for around 0,4 per cent per year in the period 1986-92. A more in depth preliminary
assessment of the economic impact of the internal market programme can be found in the
report on progress with regard to economic and monetary convergence and with the implementation of Community law concerning the internal market (27).

37. In keeping with point 10 of Council Resolution 92/1218/EEC* of 7 December 1992, the
Commission intends to present, during the course of 1996, a global analysis of the effectiveness **and** the impact of measures taken within the framework of the completion of the
Internal Market. This work is to be launched in early 1994. In the interim, the Commission has
begun a number of actions to evaluate the practical operation of Internal Market legislation,
including in-depth field research earned out by selected Euro Info Centres, and a series of
public procurement studies which are underway. In addition to the legislative aspect of drawing
up and applying public procurement directives, the Commission has to measure the impact of
its decisions on the behaviour of buyers and sellers and on the very structure of the economic
sectors concerned. This ongoing exercise will be strengthened by the setting-up, in the very
near future, of a _"Public Procurement_ _Observatory_ which will enable the Commission to
involve the Member States in its research, studies and discussions. Additional information on
issues related to the economic and business impact of the Internal Market can be found in the
_"Panorama_ _of_ _EC_ _industry_ (28) and the _"First Annual Report of_ _the_ _SME_ _Observatory_ (29).

(27) SEC(93) 1755, 8 December 1993

(28) _"Panorama_ _of_ _EC Industry_ _9T,_ EC, OOPEC, 1993

(29) DG XXIII, April 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

IMPLEMENTATION OF THE INTERNAL MARKET 19

**38.** **In order** **to** **support these analyses of the internal market but more importantly to allow for**
**the proper** **and** **continuous monitoring of** **the** **intemal market and to increase the transparency of**
**the intemal market for the economic agents acting in the newly created economic space, a**
**number of initiatives have been undertaken by EUROSTAT. This led to the introduction of new**
**and improved statistical standards and infrastructure to increase statistical quality and compa-**
**rability** **(NACE/Rev1,** **CPA,** **statistical units and enterprise registers) and the extension of statis-**
**tical instruments in new areas (PRODCOM).**

**Moreover, an effort is currently undertaken to renew and adapt to current standards the legisla-**
**tion for the collection of statistics on the structure and activity of enterprises. This involves an**
**update and revision of** **the** **current directives for the collection of economic statistics on industry**
**and construction as well as an extension of the coverage of these types of statistics to services**
**sectors, an area specifically taken up by EUROSTAT** **within** **the context of the intemal market.**

**A special** **sub-committee** **of the** **CEIES** **(European Advisory Committee on Statistical Informa-**
**tion in the Economic and Social Sphere) is currently revisiting the statistical programme so as**
**to ensure an as close as possible liaison between the expected effects of the intemal market**
**and the statistical instruments necessary to measure these effects.**

**Section 5 - External aspects**

**Completion of the Common Commercial Policy in the** **con-**
**text of the internal market**

**§** **1 - Import** **Regime**

**39.** **Establishing a uniform import** **regime** **apt for the internal market comprises both an**
**external element, such as the elimination of disparities in the import regime resulting from**
**residual national restrictions, and an intemal element, namely, curtailment of recourse to**
**Article** **115*.** **Once these conditions are fulfilled, third country products and services will be**
**subjected to the same treatment in all Member States, and there will be no obstacles to the**
**circulation of these goods within the Community once they have been legally placed on one**
**Member State market. As a result, domestic producers in the Member States will be confronted**
**with the same degree of competition from third country imports which constitutes an essential**
**element of a "level** **playing-field**** **for competition in the internal market. In addition, the system**
**of frontier checks which was used to regulate the movement of certain third country products**
**between the Member States, also hampered intra-Community trade in Community manufac-**
**tured products. The** **filling-in** **of the remaining gaps in the common import regime has therefore**
**formed an integral part of the programme to complete the internal market.**

**40.** **National quantitative restrictions on imports from third countries have been**
**reduced.** **Such a reduction was possible through various negotiations, including the dialogue**
**with Japan and the new agreements with Central and Eastern European countries. The**
**Commission has proposed new regulations with respect to the application of a common import**
**regime (3°) abolishing all residual national restrictions and instauring a limited number of**
**quantitative Community quotas against China. The Council has not yet taken a decision on**
**them.**

(30) see COM(92) 288 final, COM(92) 374 final and COM(92) 455 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

20 IMPLEMENTATION OF THE INTERNAL MARKET

**41.** **With respect to safeguard measures, with the exception of agricultural products**
**covered by market regimes, the Community can take these measures under the Regulation**
**(EEC)** **N*** **288/82* relating to common rules for imports or under Regulation (EEC)** **N*** **3420/83***
**relating to the common rules for imports from state-trading countries. In addition, safeguard**
**measures are provided for in Regulation (EEC) N°** **1766/82*** **dealing with trade with China and**
**in each preferential agreement implemented by separate regulations.**

**In view of the realization of the intemal market, the Community has now abolished the national**
**trigger mechanism which previously allowed a Member State to decide on its own to apply a**
**national safeguard measure except with respect to state-trading countries and in the associa-**
**tion agreements with Turkey, Cyprus and Malta.**

**The possibility to take regional safeguard measures, allowed for under GATT, will still remain**
**but will have to be implemented in a way compatible with the internal market.**

**42.** **There are now no measures under Article** **71.3** **and 74 of the ECSC Treaty* restricting**
**free circulation of steel or coal originating in third countries. The Commission policy is not to**
**authorise any such measures under Article** **71.3** **and 74 of the ECSC Treaty*. As a conse-**
**quence, the application of national restrictions on direct imports (Article 71.1*) by Member**
**States will become less effective.**

**§2-Export** **Regime**

**43.** **Progress has been made to adapt both the Community's export restrictions and Member**
**States'** **national export restrictions to the internal market. The examination of the Commission's**
**proposal for a Regulation on the control of exports from the Community of dual-use goods is**
**being pursued in the Council (see part 2, section 2, §** **2C).**

**§ 3 -Management of Community Quotas on Imports and Exports**

**44.** **The completion of the intemal market and the ruling of the European Court of Justice on**
**the question of Generalised System of Preferences (31) mean that as a general rule Commu-**
**nity quotas can no longer be divided up among Member States. Thus a quota manage-**
**ment system compatible with the intemal market had to be established.**

**The textile quota regimes have been made compatible with the intemal market and the**
**Commission has submitted a proposal to replace the Regulation (EEC)** **N"** **1023/70*** **relating to**
**the management of Community quotas under this Regulation. In addition, the Commission**
**services have prepared an integrated system to manage quotas in a unified market.**

**§ 4 -Community commercial defence instruments**

**45.** **One of the proposed tasks of the Court of First Instance, as provided for by the Treaty on**
**European Union is to decide in cases when an appeal is made to a Commission or Community**
**decision in the area of commercial defence. When being asked for an opinion, the Commission**
**decided to make its favourable opinion on this question subject to the parallel improvement of**

(31 ) Case 51 /87 of 27.09.88

THE COMMUNITY INTERNAL MARKET -1993 REPORT

(3)

IMPLEMENTATION OF THE INTERNAL MARKET 21

the decision-making mechanism of the various commercial defence instruments (antidumping/anti-subsidy regulation), the Regulations enabling the adoption of safeguard measures
(common rules on imports, the new instrument of commercial policy).

The Commission has introduced to the Council the appropriate proposals, but the Council has
so far not yet taken a decision.

**§ 5 -Agreement on** **the** **European Economic Area**

46. Following the "No" vote in Switzerland on the EEA, in December 1992, **a** diplomatic
conference was held on 17 March 1993 by the remaining contracting parties, at which an
adjusting protocol was signed. The amended protocol deletes references to Switzerland but
provides for its participation in the Agreement at **a** later date. The European Parliament gave
its assent to this adjusting protocol in June 1993 and ratification by Community Member States
has been completed.

**The main aim of the Agreement is to extend the Community** single **market to the EFTA**
**States.** The mechanism for achieving this is through the basic provisions of the Agreement,
which **lay** down **a** set of principles based on the Treaty of Rome, and secondly by the EFTA
States taking over all Community legislation relevant to the four freedoms - the freedom to
provide services and the free movement of goods, workers and capital. The agreement has
entered into force on 1 January 1994 (Decisions of the Council and the Commission
**94/1/ECSC,** EC* and 94/2/ECSC, EC*).

**§ 6 -Export Credit Insurance**

47. Export credit insurance is still largely operated by Member States at the national level
and considerable disparities exist between Member States' systems (e.g. in premiums and
country cover policy). However, work is under way in the Council which should give the
Commission the necessary basis for formulating **a** proposal for a directive towards the end of
**the** year. In addition, public export credit insurance bodies enjoy particular advantages which
restrict the market possibilities for private insurance companies, that have expressed interest in
part of the insurance given for short term transactions.

The Commission is considering proposing to the Member States, pursuant to Article 93(1) of
the EC Treaty*, the removal of such advantages as far as short term business is concerned
which is of interest to private insurers.

**§7-Customs** **Union**

48. On 12 October 1992, the Council adopted Regulation (EEC) No 2913/92 establishing the
Community Customs Code (32). This regulation represents a reform of all customs legislation
since 1968, and provides for new export procedures adapted to the requirements of the single
market. These procedures have been applied since 1 January 1993, whereas the whole Code
was brought into operation a year later, together with the implementing provisions. On the basis
of a Council Decision of 5 April 1993, the Commission intends to negotiate customs co

(32) OJL 302 of 19.10.92

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**22** **IMPLEMENTATION OF THE INTERNAL MARKET**

**operation agreements with a number of countries (ei. Canada, Korea, Hong Kong, Japan,**
**United** **States).**

**49.** **On 8 February** **1993** **the Council adopted Regulation (EEC) No 339/93* on checks for**
**conformity with the rules on product safety in the case of products imported from** **third**
**countries.**

**The main purpose of this Regulation is to provide customs authorities with a common legal**
**basis enabling them to suspend release of goods imported from third countries where those**
**goods display certain characteristics** **which** **would give rise to a serious doubt as to the exis-**
**tence of a serious and immediate risk to health or safety.**

**This suspension** **of** **release enables the customs authorities to notify in good time the national**
**authorities responsible for monitoring the market with regard to product safety and to** **ensure**
**that the national authorities are able to verify -** **within** **a short but reasonable period of time - the**
**suspect goods, in accordance** **with** **their Community and national obligations, before they are**
**released for free circulation.**

**The Regulation provides for the same possibility where the customs authorities find that a**
**product is not accompanied by a document or not** **marked** **in accordance with the applicable**
**rules on product safety. By adopting this text, the Council has ensured efficient and consis-**
**tent management of the common external frontier by all national customs authorities in**
**respect** **of** **product safety.**

**In** **order to step up the fight against fraud, in September 1993 the Commission presented an**
**amended proposal for a Council Regulation which would have the effect of markedly improving**
**Regulation (EC) No** **1468/81** **as regards mutual assistance between administrations concerning**
**customs and agricultural fraud (33). In addition to strengthening mechanisms for information**
**exchange and** **common** **investigations, this proposal provides for the setting up of a computer**
**database on cases of** **fraud** **in areas within the Community's competence.**

**In** **its report of 15 December** **1993** **on the implementation of the Matthaeus programme for**
**training** **customs officials, the Commission** **foresees** **a retargeting of** **actions** **under** **this**
**programme, towards, on the one hand, priority customs activities and, on the other hand,**
**activities which tend to ensure the even application of customs legislation by the Member**
**States.**

**Section 6 - Trans-European networks**

**50.** **The concept of** **trans-European** **networks lies at the focus of a number of major Commu-**
**nity policies: the intemal market, economic growth, cohesion and integration in the European**
**area.** **Since its communication of December** **1990** **(34), the Commission has continued its action**
**to develop transport, telecommunications and energy networks on a European scale. From now**
**on,** **the completion of** **trans-European** **networks must be part of the process of** **European**
**union.** **The Union Treaty (Title XII) supplies the legal instruments, while the agreement on the**
**Delors II package (December 1992) provides the budgetary resources for Community action.**
**The conclusions of the Edinburgh and Copenhagen (June 1993) European Councils** **confirmed**
**the priority to be given to the development of** **trans-European** **networks, which are to be seen**
**as one of the main elements of the growth initiative adopted at Edinburgh, of the White Paper**

**(33)** **COM(93)** **350 final of** **1** **September** **1993**

**(34)** **COM(90) 505** **final**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

IMPLEMENTATION OF THE INTERNAL MARKET 23

on growth, competitiveness and employment (35) t and of the Strategic Programme for managing and developing the intemal market (36).

The Community intends to be active in promoting investments in networks with a view to
boosting economic activity in Europe. The White Paper of December 1993 highlighted the
resources necessary and priority projects of Community interest. **The development of**
**networks requires a global strategy** **over the** **medium to long** **terni,** with regard to both the
different sectors concerned and the instruments to be used. Only a global, coordinated
approach which integrates the elements of interconnection, interoperability and market access
can create the conditions for the emergence of these networks.

51. The different specialized compositions of the Council (transport, telecommunications,
energy) are already discussing the **implementation of** trans-European **networks,** as are **the**
Intemal Market and Ecofin Councils. The drawing-up of a set of guidelines, on the basis of
close cooperation with the Member States, Parliament and the economic operators concerned,
must ensure that Community action is consistent and transparent. The Copenhagen European
Council called on the Commission and the Council to complete, by early 1994, the network
plans in all the relevant sectors (transport, telecommunications and energy). In October the
Council and Parliament adopted master plans for high-speed trains and road, inland waterway
and combined transport.

**52.** The **Community budget** is making a contribution to many initiatives on trans-European
networks in the form of feasibility studies and pilot schemes, reduced-interest loans **and loan**
guarantees (European Investment Fund) under the budgetary headings for networks **and**
regional policy. It also makes a substantial financial contribution to transport infrastructures **in**
**the** four eligible countries (Spain, Greece, Ireland and Portugal) through the cohesion financial
instrument since 1 April 1993, and shortly through the Cohesion Fund. The **Structural Funds**
**also** make a significant contribution to the development of trans-European networks under
regional policy. The already important role of the European Investment Bank (EIB) in financing
networks has been strengthened by the growth initiative and the new financing instruments
adopted at Edinburgh:

   - the temporary lending facility for 1993-94 and beyond, amounting to ECU 8 billion
(the majority of which is earmarked for trans-European networks);

   - the European Investment Fund, with resources of ECU 2 billion, whose objective is **to**
provide loan guarantees on a commercial basis.

It will be necessary to mobilize private finance for economically viable projects in order to
support the Member States' efforts. The creation of legal and administrative conditions favourable to private financing, the development of a partnership between the public and private
sectors and the use of a declaration of Community interest could help in mobilizing private
investors.

(35) COM(93) 700 final, 5 December 1993

(36) COM(93) 632 final, 22 December 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**PART TWO**

**Operation of the internal market**

**Introduction**

53. With the removal of frontier controls, even though identity checks are still carried out,
**the** **Community's** internal market has become **the** domestic market for enterprises. For
most individuals and businesses, the abolition of controls within the Community is the most
visible result of the completion of the intemal market.

The basic measures concerning physical checks on goods have been adopted. The provisions
required for the abolition of all customs documents have been adopted, and veterinary and
plant-health checks have been harmonized, thereby making it possible to abolish frontier
controls. The adoption and establishment of this consistent set of measures means that lorries
can freely cross borders with their goods and that checks are no longer carried out on goods
carried by individuals.

54. In order to obtain as accurate a picture as possible of the actual situation, the Commission has recently launched a study on frontier controls ( [1] ). It is directed at not only physical
frontier controls - the study is based on an analysis of the situation at the main intra-Community
land, sea and air border-crossing points, and examines ail means of transport - but also the
initiatives taken by the Member States to change the existing infrastructure and by national
administrations to change traditional behaviour.

The study's initial findings confirm the Commission's generally positive assessment with regard
to the situation at the frontiers:

  - the overall customs presence has been reduced - even eliminated - at the different
border posts. The few remaining customs controls in operation are spot checks, carried
out throughout the territory of a Member State;

  - the transport of goods is the first area to benefit from freedom of movement. There are
only a few isolated remaining problems in sea and airtransport;

  - the abolition of checks on people is, of course, suffering from the current political
situation - the number of checks actually carried out varies considerably between the
different border-crossing points, including within the same country.

None the less, most of the physical infrastructure is still in place. The Member States have
admittedly made certain efforts by installing blue, green and red lanes at airports and, for road
transport, by vacating border posts, but the continued existence of separate traffic lanes, road
signs and traffic signals - even chicanes - at the border gives the citizen the impression that the

**(1** **)** _**"Report on the operation**_ _**of**_ _**frontier controls after 1 January**_ _**199T,**_ **Coopers &** **Lybrand.** **ETD/93/B5-3000/M2/08**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

OPERATION OF THE INTERNAL MARKET 25

**changes announced are behind schedule. The Commission will continue to play a monitoring**
**role here.**

**Section** **1** **- Free movement of persons**

**§** **1** **-Abolition of controls at internal frontiers**

**A.** **Article 7a* of the EC Treaty**

**55.** **While the elimination of frontier controls on goods has become a reality, the same is not**
**true for the removal of identity checks, which is behind schedule to a worrying extent.**

**Even the application of the Convention implementing the Schengen Agreement has not been**
**achieved. For its part, Parliament has brought an action against the Commission under**
**Article** **175** **of the EC Treaty* to establish that it has, in violation of the Treaty, failed to act to**
**present the proposals needed to establish free movement of persons in the internal market.**

**56.** **Once it had become clear that free movement of persons had not been** **fully** **achieved by**
**1 January** **1993,** **the Commission stepped up** **its** **efforts to achieve this objective without further**
**delay, constituting as it does an essential element in the construction of Europe.**

**For** **1993** **it approved a phased approach:**

**• first, the Commission, by continuing to take political initiatives, exerted steady**
**pressure to ensure that the progress announced by the Member States for** **1993** **was**
**actually achieved;**

**• second, it undertook to decide on measures to be taken, in particular by way of legis-**
**lation,** **without in any way letting up on its political pressure.**

**57.** **There is one recent development likely to facilitate the action that the Commission**
**intends to take in the second phase of its strategy: the entry into force of the** **Treaty** **on Euro-**
**pean Union provides the Commission with new opportunities, at both Community level and**
**under Title** **VI** **of the Treaty, in fields which were previously covered by intergovernmental**
**cooperation;**

**B.** **Back-up measures**

**58.** **At its meeting on 24 November** **1993** **the Commission adopted a new draft proposal for a**
**decision by the Council of the European Union establishing a convention on controls on**
**persons crossing the external frontiers of the Member States** **(2).**

**This proposal takes over the political progress made in the draft Convention which was final-**
**ized by the Member States in mid-1991 but could not be signed because of a dispute over**
**Gibraltar. However, the draft has been adapted to take account, in particular, of the provisions**
**of** **the** **Treaty on European Union, the European Economic Area (EEA) and Community compe-**
**tences.**

(2) COM(93) 684 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

26 OPERATION OF THE INTERNAL MARKET

**59.** **Among the new provisions of the Treaty on European Union is Article** **100c,** **on the basis**
**of which the Commission has sent the Council a proposal for a Regulation determining the**
**third countries whose nationals must be in possession of a visa when crossing the**
**external borders of the Member States** **(3).**

**Article 100c has been incorporated into the provisions of the EC Treaty concerning the intemal**
**market. Therefore, the conclusion must be that it is intended to contribute to achieving the free**
**movement of persons in the intemal market as provided for by Article 7a of the EC Treaty*.**
**This** **is** **the assumption on which the Commission has drawn up the proposal.**

**The proposal contains a list of more than** **120** **third countries whose** **nationals** **will have to have**
**a visa. The list in the same as that agreed by the nine Member States which are signatories of**
**the Schengen Agreement.**

**With regard to other** **third** **countries, the Member States will remain free to require a visa or not.**
**The Commission proposes that this option be subject to a time-limit (the deadline proposed by**
**the Commission is 30 June** **1996,** **which will allow the Council to decide by qualified majority),**
**given that the ultimate objective of Article** **100c** **is that all third countries be put on either a**
**positive list of countries whose nationals do not require a visa or on a negative list where they**
**do.** **The diverging practices of the Member States during this transitional period concerning**
**countries that are not on the negative list must under no circumstances lead to controls in**
**breach of Article 7 of the EC Treaty.**

**60.** **The two above proposals provide for mutual recognition by the Member States of visas**
**issued by each of them for crossing extemal frontiers. This important principle is intended, inter**
**alia,** **to facilitate the completion of the intemal market as regards movement of persons.**

**The two proposals are an** **integral** **part of an overall and consistent approach to attain the**
**abolition of identity checks at internal frontiers; they will be followed, when the time is ripe, by**
**further proposals from the Commission to resolve other problems in this field.**

**61.** **In order** **to** **complete the picture regarding the back-up measures essential to the removal**
**of identity checks at internal frontiers, it should be noted that:**

**• the Dublin Convention of 15 June** **1990** **determining the Member State responsible for**
**examining applications for asylum made in one of the Member States has already**
**been ratified by six Member States; preparation of the implementing measures** **for**
**this Convention is almost complete;**

**• work on the draft Convention on the European Information System** **(EIS)** **has**
**continued. The draft must also be adapted to take account of the provisions of the**
**Treaty on European Union.**

**§ 2 -Free movement of persons in the Community**

**A.** **Right of residence**

**62.** **With regard to right of residence, there are a number of points to be made concerning**
**1993.**

**•** **Following the judgment of the Court of Justice of 7 July 1992 annulling Directive**
**90/366/EEC on the right of residence for** **students,** **on 17 May** **1993** **the Commission**
**sent the Council a new proposal for a directive based on the second paragraph of**
**Article 7 of the Treaty.* This directive (93/96/EEC*)** **was** **adopted by the Council on**
**29 October 1993.**

(3) Idem

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 27

**• At the same time, the Commission is monitoring the sound application of the direc-**
**tives already transposed by the Member States, on the basis in particular of**
**complaints and petitions by individuals that are referred to it.** **When** **this happens,**
**Commission departments make contact with the authorities of** **the** **Member States and**
**usually succeed in resolving at this stage problems of application of Community legis-**
**lation without the need to initiate formal infringement proceedings.**

**• As for the 1990** **directives,** **three Member States have not yet transposed them**
**formally, and this creates a situation of legal uncertainty that is detrimental to their**
**potential beneficiaries. The national implementing provisions (drawn up so far by nine**
**Member States) are currently being examined to ensure that they are compatible with**
**Community law.**

**• The proposals on freedom of** **movement,** **movement and residence within the**
**Community for workers and their families** **(*)** **is currently before the Council.**

**B.** **Diplomas and other qualifications**

**63.** **The main problems here are delays in transposing the first general system (Directive**
**89/48/EEC*)** **- a number of Member States have, however, recently used more rapid transposi-**
**tion methods** **-** **and the interpretation of** **the** **new general systems (Directive** **92/51** **/EEC*).** **These**
**latter, providing for the possibility of compensation (adaptation period, aptitude test) in cases**
**where there are major differences in training, apply to the recognition of diplomas for** **profes-**
**sions that are not covered by the directives on recognition of work experience in craft industry**
**or the** **distributive trades, or by the directives on automatic recognition of diplomas with coordi-**
**nation of** **the** **training given (e.g. doctors).**

**64.** **In the future, the Commission intends to pursue its policy of developing mutual confi-**
**dence and improving administrative cooperation, in particular in committees and other**
**groups of senior officials set up to apply directives or at ad hoc meetings with national authori-**
**ties,** **with a view to the efficient and rapid exchange of infonmation. With this in mind, and in**
**order** **to** **be more accessible, the Commission is keen to make the acquis communautaire more**
**transparent and easier to understand (5). Lastly, it is making every effort to utilize the Court's**
**case-law (6)** **to resolve problems that are not yet governed by the directives** _**(J).**_

**65.** **With regard to legislation, the Commission attaches great importance to a draft** **direc-**
**tive on establishment of lawyers, under their home-country professional titles, which will intro-**
**duce recognition for licences to practice. Recognition of** **this** **third type of qualification - the first**
**being professional experience in the craft industry or the distributive trades, the second being**
**diplomas - is first and foremost designed to facilitate the establishment of experienced** **profes-**
**sionals where it is necessary to have a diploma to practice the profession. The principles of this**
**directive have been agreed by the profession (Consultative Committee of the Bars and Law**
**Societies of the EC) and by eleven Member States. On the other** **hand,** **the idea of a regulation**
**on** **the** **joint exercise of regulated professional activities** **across** **borders has not found a consen-**
**sus among either the Member States or a large number of the professional organizations. In**
**the meantime, the Commission plans to adopt a recommendation to the Member States which**
**offers the professions at least a form of joint practice.**

(4) COM(88) 815 final - SYN 185

(5) For example, a legislative consolidation brought together the three basic directives on the mutual recognition of
diplomas in medicine and the four amending directives (Directive 93/16/EEC*).

(*>) For example, the recognition of diplomas concerning professions covered only by directives on recognition of
professional experience. See Heylens (222/86), Vlassopoulou (C-340/89), Dennemeyer (C-76790), Newman (C104/91), Kraus(C-19/92)

( [7] ) See the answer to Written Question No 839/92 by Mr Glinne on hairdressers (OJ No C 247,24.9.92, p. 42)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

28 OPERATION OF THE INTERNAL MARKET

f, _information system on the comparability of qualifications_

_The information system on the_ _comparabMy_ _of vocational training qualifications between the Member_
_States_ _of_ _the European Community was set up by_ _Councti_ _Decision_ _B5/36B/EEC\_ _Which_ _Called on_ _the_
_Commission_ _to complete work on the comparabMy of the qualifications of skilled workers._

_This system is designed to provide a description_ _of_ _the practical vocational requirements imposed by each_
_Member State_ _for the< exercise <if ^professions_ _concerned and therefore to establish a suitable_
_comparison and Information system. The objective was not to harmonize legislation_ _but instead_ _to_
_promote the free movement of workers in the Community by making_ _M_ _easier for the qualifications_
_obtained_ _by_ _en individual in his home country to be accepted in another Member State._

_The spirit of this exercise_ _was_ _confirmed by two subsequent Council Resolutions;,_ _•_ i

' - _Council Resolution_ _of18_ _December_ _1990_ _on the_ _comparably_ _of Vocational framing qualifications (the_
_aim being to speed up the work undertaken and put the emphasis on the_ _dissemination,_ _exchange_
« _and use of the information already gathered);_
« _Council Resolution of 3 December_ _1992_ _on the transparency_ of _qualifications._

_These legislative tools enabled the Commission to carry out important Work on comparability between_
_198$_ _and 1993._ _It_ _has now almost completed its work programme: 209 professions covering almost_ _$00_
_professional activities under the_ _SEDOC_ _classification have been examined across the following nineteen_
_sectors of activity ft);_

_Rector_ _No of professions_

_i._ _Hotel and catering_ _$_
_2:_ _Motor-vehicle_ _repair_ _9_
_3_ _Construction_ _13_
_4_, _Electrical/electronics_ _10_
5 _Agriculture_ _26_
_6_ _Textile-clothing_ _9_
_7_ _Metalworking_ _industry_ _20_
_8_ _Textile-clothing_ _22_
_$_ _Commerce_ _$_
_10_ _derical/administration_ _r_ _banking and insurance_ _6_
_11_ _Chemical_ _7_

_12_ _Tourism_ _5_
_13_ _Transport_ _9_
_14_ _Food industry_ _12_
_15_ _Public works_ _11_
_16_ _Printing/media_ _5_
_17_ _Wood_ _10_

_18_ _Iron/steel_ _12_
_19., Leather_ _9_

_In the national evaluation_ _reports,_ _the Member States have stressed the usefulness of work on compa-_
_rability,_ _They laid particular_ _emphasis_ _on the contribution to mutual recognition of qualification systems._

_However, they also recalled several_ _limits_ _to the mechanism:_

_•_ _The system takes into account only_ _'skilled_ _workers' whereas geographical_ _mobiTity_ _today concerns_
_above alt employees with a higher level of_ _qualifications;_

 - _The methodology laid down by the decision of 16 July 1985 incorporates neither skills acquired_
_through professional experience and continuing training nor changes_ _in_ _job descriptions;_

 - _The_ _system's_ _"output"_ _(the description of practical professional requirements and the comparative_
_tables of diplomas and certificates) do not fully meet the requirements expressed by workers and_
_firms. They are not clear and are difficult to use (the description of professional requirements is_
_considered somewhat incomplete and over-simplified);_

 - _Thus,_ _the documents and sources of information available to potential users (workers, firms, trainers,_
_guidance_ _officers,_ _students, etc.) are rarely consulted (the only exception being the United Kingdom)._

( [8] ) The Community descriptions of these 19 sectors of activity have been published in the Official Journal

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**OPERATION OF THE INTERNAL MARKET** **29**

_These criticisms_ _raise_ _questions_ _as to how the_ _system could_ _be_ _improved._ _This_ _forms part of the more_
_general discussion_ _in the_ _Commission_ _on_ _establishing_ _a_ _vocational training_ _policy that_ _complies With_ _the_
_Treaty on European_ _Union*_

_2. National Academic Recognition Information_ _Centres (NARIC)_

_The Community NARIC_ _network_ _consists_ _of_ _National Academic Recognition information_ _Centres_ _desig-_
_nated by_ _government_ _in each EC and_ _EFTA_ _State and_ _supported_ _and_ _coordinated_ _by the European_
_Commission_ _in the framework of the_ _ERASMUS programme_ _for_ _cooperation_ _in higher_ _education_ _and_
_student_ _mobility_ _(Council_ _Decisions_ _87/327/EEC*_ _of_ _15_ _June 1987 and_ _89/6Ç3/EEC*_ _of 14_ _December_
_1989),_ _The_ _Community network_ _of_ _NARIC centres closely cooperates with_ _the similar_ _networks_ _of the_
_Council of_ _Europe_ _(NBC) and_ _UNESCO-CEPES_ _(NIB)._

_The_ _NARIC centres_ _give advice and_ _information concerning_ _the_ _academic recognition_ _of_ _diplomas_ _and_
_periods_ _of_ _study*_ _This_ _advice_ _is_ _provided_ _to_ _higher education_ _institutions,_ _students_ _and their_ _advisers,_
_parents,_ _teachers and respective_ _employers._

_Most_ _NARICs equally provide information_ _on_ _matters_ _of_ _professional recognition_ _and they have been_
_nominated_ _by_ _their government_ _to_ _function_ _as_ _"contact_ _points'_ _[1]_ _for the_ _Council Directive_ _89/48/EEC*._
_Next to_ _guidance_ _and_ _counselling,_ _the_ _NARIC network also produces_ _a_ _series_ _of_ _publications_ _and_ _studies_
_on higher_ _education_ _qualifications._ _The network_ _notably provided_ _data for the_ _"Student_ _Handbook on_
_higher education_ _in the_ _European_ _Community_ _(1990)_ _and_ _"A_ _Guide to higher_ _education_ _systems and_
_qualifications_ _in the_ _European_ _Community*_ _(1991)._ _An_ _update of this_ _last_ _guide extended with information_
_on_ _professionnel recognition and chapters on_ _the_ _EFTA countries wiH_ _be_ _published in the first_ _half_ _of_ _1994._

_3*_ _Information Systems on_ _Education_ _and_ _Training_ _National_ _Systems_

_The EURYDICE network_ _and_ _the_ _CEDEFOP_ _center_ _have been engaged in supportive rotes_ _in the_ _field_ _of_
_information systems_ _on_ _educational systems and policies_ _and_ _vocational training_ _respectively;_ _both rely_ _on_
_national_ _agencies_ _supporting the_ _collection_ _and_ _dissemination_ _of_ _information_ _at the level of Member_
_States,_

**Section 2** **-** **Free movement of goods**

**66.** **A corollary** of **the** free **movement of goods in the Community is the absence of**
**controls at** **intra-Community** **frontiers.** A number of customs procedures relating **to** the
movement of goods have had to be adapted or abolished to achieve this objective:

     - abolition for most purposes of internal Community transit and of the Community
movement carnet;

     - restriction of the Single Administrative Document (SAD) to trade with third countries;

     - adaptation of the TIR, ATA and other carnets to the new conditions of free movement;

     - elimination of checks rule on luggage of air and sea passengers travelling between
Member States;

     - checks on luggage of passengers travelling from or to third countries.

National veterinary and plant-health checks have been harmonized, thereby making it possible
to eliminate frontier controls. In the case of certain sensitive goods (arms, drugs) random
customs checks are carried out at the internal frontiers and, without discrimination, over the
whole of Community territory.

As regards land borders, the officials responsible for checking goods (customs officials, veterinary inspectors, tax inspectors, etc.) have been withdrawn from intemal frontiers. Depending on
the needs of the different administrations, they have been transferred to internal offices or
assigned to other tasks, or have taken early retirement.

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

30 OPERATION OF THE INTERNAL MARKET

With regard to infrastructures, the situation varies according to the geographical location of the
Member States but, overall, the changes resulting from the completion of the intemal market
have been implemented: the barriers, equipment and signs have been taken down, customs
offices at common frontiers have been closed and converted into interior offices or put to other
purposes.

No major difficulties have been reported with regard to the movement of goods at intemal
frontiers. The few remaining difficulties are due to indirect taxation (products subject to excise
duties, duty-free allowances, duty-free sales at ports and airports) or to the transitional
arrangements applied to a number of agricultural products under the Act of Accession of Spain
and Portugal. The Commission has used the means at its disposal to deal with these difficulties
and to find acceptable solutions in close cooperation with the customs administrations of the
Member States, in particular in the Customs Questions Committee (Deputies), either at regular
meetings or, where it has proved necessary, at extraordinary ones.

Systems for statistics collection

67. Methods for compiling statistics on intra-EC trade have had to be overhauled as a result
of the disappearance of customs formalities and the Single Administrative Document. In the
light of this development, a new collection system called INTRASTAT has been introduced
in January 1993. This system builds on the records of transactions with entities in other
Member States which individual companies are required to keep under the transitional VAT
system. These records are processed at national level, and findings relating to the level of
intra-Community trade are forwarded to the Community's statistical services at three monthly
intervals. In order to reduce any administrative burden on entreprises resulting from the new
collection methods, a system of statistical thresholds has been implemented. As a result, more
than 60% of intra-Community agents are excluded from the Intrastat survey. In addition, a
number of firms benefit from the use of simplification thresholds which entitles them to use a
VAT declaration requiring less detailed information. In sum, only one third of all agents
engaged in intra-Community trade are completing detailed declarations.

68. There have been some teething problems with the new collection system. The following
are the principal difficulties which have been encountered in the switchover to the new
system:

     - The link with taxation - The fact that statistical on intra-Community transactions are
extracted from tax declarations imposes some constraints on the type of detailed
information which is available. These constraints relate in particular to the determination of the reference period, or the treatment of certain types of operation (e.g.
contract work).

     - The level of non-response bv firms - It has been estimated that the level of nonresponse has averaged between 10 to 25% of operators in the different Member
States.

     - The delays in the transmission of declarations - The late publication of regulations has
not always enabled enterprises to adapt their administrative organisation in time,
which has led to delays in the transmission of declarations. These problems are being
steadily overcome.

     - The classification of goods - The level of detail of the combined nomenclature has
resulted, principally for those SMEs without computer systems, in an increased
complexity of declarations and a greater number of lines to be declared. This last
effect has been accentuated by the absence of a threshold for each transaction.

     - The treatment of the information - It has proved difficult to adapt the computer
systems of national administrations sufficiently quickly as to enable the proper
treatment of information. The resulting delays have not only affected data on intraCommunity transactions, but have also concerned statistics on trade with third
countries.

These transitional difficulties have meant that a full set of detailed results for all Member States
during the first months of 1993 have only become available in September and October.

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 31

However, considerable progress has been made in getting to grips with these problems,
through concerted action taken at national and Community level.

One category of action concerns the development of computerised and telematic systems to
speed up the completion or processing of declarations. Within the context of the Edicom
project (Electronic Data Interchange in Commerce), a greater use of state-of-the-art technologies is being promoted. Within the framework of this project, a specific programme has already
been launched with a view to facilitating the establishment of statistical declarations by the
entreprise. These systems are only beginning to make their presence felt, but are already
proving very useful.

_Measures,_ _to_ _combat fraud_

_The_ _removal of_ _controls_ _at_ _the_ _internal_ _frontiers_ _could_ _involve_ _a_ _double_ _risk;_
- _first,_ _for_ _the Community economy and_ _for_ _the citizen_ _threatened by_ _traffic_ _in drugs and other_ _sensitive_
_. products;_
_'_ _second,_ _for_ _own resources (and hence the Community budget) from customs and tax_ _fraud._

_The new_ _Community_ _context therefore requires_ _improvements_ _to the_ _mechanisms_ _for_ _administrative_
_cooperation and mutual assistance between_ _the Member_ _States_ _and_ _between them and the_ _Commission._

_.in_ _the_ _customs_ _field,_ _the_ _investigation departments_ _of the_ _Member States_ _and of_ _the Commission_ _have_
_become increasingly accustomed_ _to_ _working_ _together and to carrying out_ _Joint investigations_ _in third_
_countries._ _With_ _a_ _view_ _to_ _developing this_ _cooperation,_ _in_ _September 1993_ _the_ _Commission_ _presented an_
_amended proposal for a_ _Council Regulation (?)_ _to substantially_ _improve Regulation (EEC) No_ _1468/81,_

_Administrative cooperation_ _in_ _the_ _field_ _of_ _indirect taxation_ _is_ _based on_ _a number of_ _legislative_ _instruments:_
_Cound Regulation (EEC)_ _No_ _218/92*_ _established,_ _as_ _part_ _of_ _the_ _measures_ _to_ _abolish frontier_ _controls,_ _an_
_electronic_ _VAT_ _Information Exchange System_ _(VIES)._ _This allows verification_ _of the_ _VAT Identification_
_numbers_ _of_ _economic operators and mass_ _transfers,_ _or_ _consultation,_ _of turnover data from each Member_
_State_ _to_ _ks_ _partners,_ _which constitutes an important aspect of_ _the_ _control mechanism_ _and of_ _measures_ _to_
_combat_ _fraud._

_in the field of_ _excise duties (Directive_ _92/12/EEC*),_ _the_ _establishment_ _of_ _detailed procedures_ _for_ _monitor-_
_ing the movement_ _of_ _goods ensures effective administrative cooperation between_ _the_ _Member States and_
_reduces the risk of_ _fraud._ _In_ _addition,_ _Directive_ _77/799/EEC+,_ _amended by_ _Directive_ _79/1O70/EEC\_
_provides_ _for_ _mutual assistance_ _by_ _the competent authorities_ _of_ _the Member States_ _in the field of_ _direct_
_taxation_

_The_ _Commission,_ _in_ _conjunction with_ _the_ _Member_ _States,_ _has also_ _examined_ _the_ _problem_ _of cooperation_
_in the fight_ _against_ _drugs._ _For_ _example,_ _external trade_ _in_ _drug precursors_ _is now_ _covered_ _by a_ _number of_
_regulations_ _(*0)„_ _Following their_ _adoption,_ _several_ _"sensitive'_ _third countries agreed with the Community_ _to_
_monitor_ _trade in these goods in accordance with mutual cooperation_ _arrangements._

_However,_ _the fight_ _against drugs_ _also_ _covers_ _fields_ _where_ _Community competence_ _is stiff_ _developing but_
_where the_ _removal_ _of_ _controls_ _at the_ _internal frontiers could have_ _led to an_ _increase_ _in_ _all types_ _of illicit_
_trafficking._ _The_ _Member_ _States_ _have_ _realized_ _that there_ _is_ _a need for_ _action_ _at_ _Community_ _level and,_
_together with_ _the_ _Commission,_ _have_ _developed_ _a_ _number_ _of_ _cooperation mechanisms_ _in the field of_ _the_
_fight_ _against_ _drugs,_ _in_ _particular:_
_*_ _a_ _customs strategy_ _for_ _the external frontier_
« _an analysis_ _of risks;_
_*_ _the_ _organization of_ _joint_ _monitoring and detection_ _exercises;_

- _the_ _drawing-up_ _of a draft_ _intergovernmental convention covering_ _the_ _non-Community aspects_ _of the_
_customs information system (to be_ _signed in_ _1994)._

_Following_ _the entry into force of the_ _Treaty_ _on_ _European_ _Union,_ _this work has been taken over by a_
_customs cooperation working party recently set up under the auspices_ _of_ _the organs_ _under_ _Article_ _K.4*._

(9) COM(93) 350 final - SYN 450,1 September 1993

(10) Regulation (EEC) No 3677/90 as amended by Regulations Nos 900/92 and 3769/92

THE COMMUNITY INTERNAL MARKET -1993 REPORT

32 OPERATION OF THE INTERNAL MARKET

Retraining of customs agents

69. The abolition of tax frontiers and controls at the Community's internal frontiers has meant
that a large number of enterprises in this sector are faced with the **need to retrain their staff.**
In this context, the Community will not be able to take over the responsibilities of the Member
States or of the profession concerned. However, in view of the exceptional nature of the
situation, which is linked to the nature of the activities in question, the Commission **felt that**
**back-up** measures were necessary and justified in order to facilitate the profession's adaptation to the intemal market of the profession concerned.

These back-up measures comprise two elements: measures under the Structural Funds, **in**
particular the European Social Fund and the Interreg initiative, and measures not financed by
the Funds which were the subject of Council Regulation (EEC) 3904/92. Within the limit of
ECU 30 million set by this Regulation, the measures supported concern the regions and enterprises most affected, but are limited to the period directly following the completion of the internal market, i.e. 1993.

**§1.** **Instruments** **provided** **for by Community law for ensuring free**
**movement of goods**

**1°** Articles 30 **to** 36 **of the EC** **Treaty***

**A.** **Introduction**

**70.** Articles 30 et seq. prohibit quantitative restrictions on imports and exports and all measures having equivalent effect.

In accordance with the decisions of the Court of Justice and the Commission's practice,
**"measures having equivalent** **effect"** comprise all forms of action by the State not covered
by other specific provisions of the EC Treaty, which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (H).

Analysis of the Court's decisions and of the Commission's practice shows that actions by
governments can be regarded as measures having restrictive effects on intra-Community
trade where:

   - they impose conditions only on imported products;

   - they impose conditions which, while formally applicable to domestic products and
those of the other Member States, de facto affect only imported products or make it
more difficult or burdensome to import or market imported products than domestic
products;

   - they impose selling conditions which, while de facto or de jure applicable in the same
way and without any difference at all both to domestic products and products from
other Member States, go beyond the effect associated with specific rules, i.e. they are
disproportionate to the legitimate objective which is worthy of protection and which
they are designed to achieve.

71. The Commission ensures that Articles 30 to 36 of the EC Treaty,* are applied consistently and in a uniform manner, thus creating clear and constructive practice.

(11) Case 8/74 Dassonville [1974] ECR 837 - 11 July 1974

THE COMMUNITY INTERNAL MARKET -1993 REPORT

OPERATION OF THE INTERNAL MARKET 33

**In addition, the Commission favours partnership with the Member States when settling the**
**cases submitted to it, so as to find quick solutions not requiring legal proceedings. Such**
**partnership takes the form of** **"package"** **meetings held periodically with the Member States. As**
**a result of this dialogue, the Member States often issue interpretative circulars or other admin-**
**istrative guidance to ensure immediate compliance with the Treaty rules pending formal**
**amendment of the national rules in question.**

**The Commission also adopts notices. These seek to set out and elaborate the principles**
**emerging from the Court's decisions and from the Commission's practice; they explain the**
**implications and the rules and procedures which the Member States must incorporate in their**
**legislation. The notices are non-standard acts intended to provide the sectors concerned with**
**information; they constitute one of the means by which the principle of subsidiarity can be put**
**into practice.**

**B.** **Abolition of border controls on goods**

**72.** **From 1 January 1993, border controls were to be abolished under Article 7a of the**
**EC Treaty.* During 1992 the Commission drew the Member** **States'** **attention to the need to**
**comply with the deadline** **laid** **down in that Article. It also undertook to examine, before that**
**deadline passed, the border controls which it regarded as infringing Articles 30 to 36 of the**
**EC Treaty.***

**On completion of this exercise, the Member States informed the Commission that border**
**controls on goods had been abolished. The virtually total absence of complaints as far as**
**goods are concerned, nearly a year after the 1 January** **1993** **deadline, should also be high-**
**lighted.** **At all events, the Commission is determined to take all appropriate measures to put an**
**end to the infringements established.**

**C.** **Commercial rules and acceptance of products from other Member States**

**73.** **Commercial rules are government measures which regulate the marketing of**
**products on national territory, specifying in particular the conditions which such products**
**should meet, e.g. as regards labelling, form, dimensions, weight, composition, presentation,**
**name, identification, packaging, performance, durability, energy consumption, handling ability**
**and adaptability to different uses.**

**These rules generally apply without distinction to domestic and imported products alike and are**
**intended to achieve objectives set by the Member States themselves such as the protection of**
**the health and lives of people and animals, environmental protection, consumer protection and**
**fairness in commercial transactions.**

**As the Commission had an opportunity to explain in Directive 70/50/EEC* of 22 December**
**1969,** **such rules constitute measures having an effect equivalent to a quantitative restriction on**
**imports, as prohibited by Article 30 of the Treaty,* if they have restrictive effects which exceed**
**the legitimate effects of commercial rules. Such is the case, in particular, where the restrictive**
**effects are disproportionate to the legitimate objective pursued, which is worthy of protection at**
**Community level, or again where the same objective can be achieved by some other means**
**which inhibits trade less.**

**The assessment of commercial rules in the light of Articles 30 et** **seq.*** **led to several judgments**
**by the Court of Justice, notably the case Rewe known under the name** **'Cassis** **de** **Dijon'** **(12)**
**and the judgments which followed it.**

_0_ [2] ) Case 120/78 [1979] ECR 649 - 20 february 1979

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

34 OPERATION OF THE INTERNAL MARKET

74. From this case-law background, the Commission distilled and clarified the principle of
mutual recognition, which was and continues to be the basis of its action with regard to the
abolition and prevention of obstacles to trade. The principle means that the Member States,
when drawing up commercial rules, may not adopt an exclusively national outlook. It also
means that a Member State may not, in principle, prohibit the sale on its territory of a product
legally marketed in another Member State, even though that product is manufactured in accordance with technical or qualitative rules which differ from those laid down in its own laws, if the
product in question meets in an appropriate and satisfactory way the legitimate objective of
such rules.

In foodstuffs and industrial products, the principle of mutual recognition was applied on a wide
scale by the Commission in 1992-93. The following were some key developments in these
sectors:

  - An Italian rule laid down that bread sold in Italy should have specific characteristics and
properties. The result was that bread legally marketed in another Member State whose
composition was different from that authorized by the rule could not be sold in Italy as
bread. The rule was altered, through the introduction of suitable labelling, to allow such
sales in future.

   - Since the Court of Justice's judgment on the purity requirement for beer in Germany (13),
German legislation on beer no longer prohibits the import of beers whose composition
does not meet German requirements. Nevertheless, it provided that only imported
products which did not comply with German rules were to indicate their ingredients, this
was not required of German beers complying with the "national recipe". According to the
Commission, this requirement meant that a generic name, in this case "beer", was
reserved only for those products which complied strictly with a national recipe, thus
making it more difficult to sell imported beers.

   - An Italian rule prohibited the additive monosodium glutamate in uncooked meat. This
had the effect of preventing in particular the import of salami and raw ham containing the
above substance but legally sold in the rest of the Community. In accordance with the
decision of the Court, as clarified in the notice on the free movement of foodstuffs (H),
the Member States must accept foodstuffs from other Member States unless these
represent a danger to the health of consumers. In this particular case, the use of the
additive monosodium glutamate in uncooked meat posed no health problems.

   - German rules for radio receivers specified that reception capacity must be restricted to
the frequency bands reserved for public communication. This requirement constituted an
infringement of Articles 30 to 36 EC* since it resulted in preventing the marketing in
Germany of radio and television sets legally sold in other Member States and having a
reception capacity larger than or different to that laid down in the German rules. The
requirement also obliged manufacturers to modify their receivers in order to market them
in Germany.

   - Businessmen are free to manufacture their products in accordance with the rules in force
in the Member State of destination, which may not obstruct the import of the said
products on the grounds that they do not comply with legislation in the country of manufacture. Accordingly, Italy changed its rules which subjected the import of proprietary
medicinal products for veterinary use to the grant of a marketing licence by the authorities in the country of manufacture.

   - Portuguese rules required that products containing vegetable oils and fats other than
cocoa butter as a total or partial substitute for the latter should bear in front of their name
the words "artificial chocolate". The Portuguese authorities repealed the rules objected to
and adopted a Decree stipulating that the name be altered only in those cases where the
product in question contains more than 5% vegetable oils and fats other than cocoa
butter.

   - Pasta manufacturers have developed a method which makes it possible to market fresh
pasta with a use-by date of up to 120 days. In France, these new products were

(13) case 178/84 [1987] ECR 1227 -12 March 1987

(1 [4] ) OJ No C 271 of 24 October 1989

THE COMMUNITY INTERNAL MARKET -1993 REPORT

OPERATION OF THE INTERNAL MARKET 35

obstructed by a rule which said that a "fresh" foodstuff lost its freshness if its shelf life
exceeded 42 days. The French authorities have authorized marketing of the new pasta,
since appropriate labelling informs the consumer that the pasta has been specially
treated in order to remain fresh for nearly three months.

  - Type-approval procedures, through the delays and extra costs which they cause, many
constitute barriers to trade where they are not based on legitimate requirements. Thus, in
the field of telecommunications equipment, the Spanish authorities recognized that it was
not necessary to lay down such a procedure for radio communication equipment used
only for reception. For such products, a simple statement of conformity issued by the
manufacturer is sufficient. The Spanish authorities have already adopted a provision to
the effect that a statement of conformity is equivalent to a type-approval certificate in the
case of aerials for the reception of satellite broadcasts.

  - Even where the approval of certain equipment constitutes a requirement that is compatible with the principle of free movement of goods, it is essential that the rules for the
approval procedure allow the mutual recognition of appliances lawfully manufactured
and/or marketed in another Member State. This is what the Belgian authorities did in
respect of telecommunications terminal equipment: equipment which satisfies the basic
requirements specific to the Belgian public telecommunications network is recognized.

These few examples show how suitable the principle of mutual recognition is for ensuring the
free movement of goods and products of all sorts, in accordance with the requirements
regarded as worthy of protection at Community level - evidence, if any were still needed, that
the existence of a common market of twelve Member States does not result in the leveilingdown which some people fear. The principle also means that the Community does not have to
resort to an unwarranted degree of harmonization, thus avoiding the spectre of standardized
products, especially where foodstuffs are concerned, resulting from the imposition of European
standards which would have flooded the market with "Euro products" which were identical from
one end of the Community to the other.

75. Much more than this, the principle of mutual recognition guarantees the survival of
national diversity and the various traditions and customs still thriving in the Member
States, to which citizens are particularly attached since they often regard them as an integral
part of their cultural heritage. The principle of mutual recognition is therefore nothing less than
a specific application of that other fundamental aspect of building the Community: the principle
of subsidiarity enshrined in Article 3b of the EC Treaty* as amended by the Treaty on European
Union.

76. European consumers can also thank the principle of mutual recognition for the increase
in **the** range of products on sale at ever-decreasing prices. Selling their products on a market
which covers half a continent enables businessmen to make economies of scale and hence
reduce their costs, to the greater benefit of the man in the street. Freedom of movement, as
achieved through mutual recognition, attacks national rules which tie consumers to a given
product e.g. by laying down a particular composition for this or that foodstuff ("recipe-laws").
Such provisions crystallize given consumer habits so as to consolidate an advantage gained by
domestic industry, which then devotes itself to satisfying those habits. This type of rule, apart
from arbitrarily depriving consumers of the opportunity to discover the specialities and traditional products of other Member States, whose composition differs from that laid down by the
law of the importing country, prevents the interpénétration of markets - to the detriment of both
business and consumers.

77. Finally, in Keck and Mithouard ( [15] ) the Court of Justice reaffirmed that rules laying down
the conditions to which imported products must conform, such as those referred to above (see
first paragraph of point B), constitute measures which infringe Article 30* since they are not
justified by a public-interest objective. The Court explained that the application to products from
other Member States of national rules limiting or prohibiting certain selling methods was not
such as to obstruct trade between Member States, provided that such rules apply to all operators concerned who carry out their activity on the national temtory, and provided that, de iure

(15) Joined cases C-267 and C-268/91 - 24 November 1993 (not yet reported)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

36 OPERATION OF THE INTERNAL MARKET

and de facto, they affect the marketing of domestic products and those from other Member
States in the same way.

This position of principle was confirmed by the Court in Hunermund (16).

It is too early to say now what the practical implications of this decision will be.

**D.** **Geographical names and indication of** **origin**

_a)_ _Geographical_ _names_

78. A geographical name can be used in many different ways, all of which have one thing in
common, namely that the geographical origin figures in the product's designation. Two such
instances are the designation of origin and the geographical ascription.

New light is thrown in this respect by Council Regulation (EEC) No 2081/92* on the protection
of geographical indications and designations of origin for agricultural products and foodstuffs.*

The Regulation defines the term "designation of origin" but does not protect indications of
origin; it resorts to a new concept, i.e. a "geographical indication", which it defines as the name
of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural
product or a foodstuff, which possesses a specific quality, reputation or other characteristic
attributable to that geographical origin and the production and/or processing of which take place
in the defined geographical area.

In Exportgr (17), the Court, referring to geographical names, points out that such names can
enjoy a great reputation among consumers and constitute for producers established in the
places to which they refer an essential means of attracting customers (last part of paragraph 28
of the judgment).

In accordance with the Court's decision and with Commission practice, names which have

- become generic cannot be protected under the above Regulation or under Article 36 of the
EC Treaty.*

The cases examined hitherto by the Commission, pursuant to Articles 30 and 36 of the
EC Treaty*, have been dealt with in line with this practice and this case-law. This will continue
to be the case as far as the geographical names of products in sectors which have not been
harmonized at Community level are concerned.

_b)_ _Indication of origin_

**79.** Indication of origin consists in marking on the product the country in which it originates. Such an obligation constitutes a barrier to trade, if only because of the additional cost
involved.

The Commission has always considered, and this has been confirmed in this by the Court (18),
that a rule imposing the indication of an origin such as "Made in ..." or of some other type
cannot be justified on the grounds of consumer protection, since by its very nature it is
designed to enable the consumer to distinguish between domestic and imported products and
may therefore encourage him to give his preference to the domestic product.

The same problem arises in connection with a rule of a State which requires the affixation of a
corrective label of origin, i.e. an indication of the country of manufacture where the product

(16) case C-292/92 -15 December 1993 (not yet reported)

(17) Case C-3/91 ECR 5529

(18) Case 113/80 Souvenirs of Ireland (1981 ] ECR 1625 and Case 207/83 Origin marking [1985] ECR 1201

THE COMMUNITY INTERNAL MARKET -1993 REPORT

OPERATION OF THE INTERNAL MARKET 37

**bears a marking (emblem, national site, etc.) which could make the consumer believe that the**
**product is of domestic origin.**

**For instance, the Commission had to deal with a UK regulation, now repealed, which required**
**products of a brand registered in the United Kingdom but which were manufactured abroad to**
**indicate their** **origin.** **A similar case arose with an Italian regulation, which has also since been**
**repealed,** **requiring importers of textile products bearing an Italian trade mark to affix a** **correc-**
**tive label of** **origin.** **This case is particularly interesting, since an Italian firm wanting to resort to**
**subcontracting or commission work, i.e. to have its products manufactured or processed by a**
**firm in another Member State, could not import or reimport the product into** **Italy** **without a**
**corrective label of origin being affixed. This could place it at a disadvantage on its own market**
**as the result of possible consumer prejudice against foreign products. Such a regulation, it can**
**be** **said,** **conflicts with the very foundations of the Community, since the Treaty of Rome, as**
**amended by the Single European Act, seeks to merge national markets into a single market**
**with all the characteristics of a domestic market. The compulsory marking of an indication of**
**origin,** **apart from making it more difficult to sell in one Member State products from other**
**Member** **States,** **has the effect of slowing down economic** **interpénétration** **in the Community by**
**discouraging the sale of goods produced as a result** **of** **a division of labour between Member**
**States.**

**The Court has none the less observed that** _**"if the national origin**_ _**of**_ _**goods brings certain**_ _**quali-**_
_**ties**_ _**to the**_ _**minds**_ _**of**_ _**consumers...**_ _**the**_ _**protection**_ _**of**_ _**consumers**_ _**is**_ _**sufficiently guaranteed**_ _**by**_ _**rules**_
_**which enable**_ _**the use of**_ _**false indications**_ _**of**_ _**origin**_ _**to be**_ _**prohibitecf**_ **(19)** **(see Article 3(1), point 7,**
**of Directive** **79/112/EEC*).**

**E.** **Parallel imports**

**80.** **Many believe that the expansion of imports of goods by agents who are not part of the**
**distribution network approved by the manufacturer or by individuals constitutes an incentive to**
**competition and to lower prices.**

_**a)**_ _**Proprietary medicinal products**_

**81.** **For health reasons, each proprietary medicinal product must be controlled by the**
**authorities before it is put on the market and throughout the course of that operation. Domestic**
**licensing rules must not exceed, however, what is necessary to protect human health and life**
**effectively. Thus, the authorities are not entitled to require a parallel importer to produce docu-**
**ments which he is unable to procure, since only the manufacturer has them, especially when**
**the latter has already produced them to the authorities (20).**

**Similarly, the mere fact that the name of the medicine imported in parallel is not identical to**
**that of the product already authorized does not allow the supervisory authority to regard the**
**imported product as different and hence subject to a completely new authorization procedure,**
**since the imported product, which comes from the same manufacturer as the one already**
**authorized, has the same therapeutic effects. This point of view has been acknowledged by the**
**German authorities, who are content in such cases to check that the medicine imported in**
**parallel and the one already authorized are identical as regards their therapeutic effects.**

(19) Case 207/83, Commission v United Kingdom, {1985] ECR 1201, paragraph 2

(2°) See Case 104/75 De Peijper (1976] ECR 613 and the Commission's interpretative communication of 6 May 1982 on
the parallel imports of proprietary medicinal products whose marketing has already been authorized, OJ No C 115 of
6 May 1982

THE COMMUNITY INTERNAL MARKET -1993 REPORT

38 OPERATION OF THE INTERNAL MARKET

_**b)**_ _**Motor vehicles**_

**82.** **The liberalization of parallel imports of motor vehicles has not inconsiderable economic**
**repercussions. It enables consumers to benefit from the price differences between Member**
**States:** **growing numbers of people are buying their vehicles abroad and importing them into**
**their State of usual residence, either themselves or through a business which does it for them.**
**Such a practice also has a positive effect on those who do not resort to it, since vehicle manu-**
**facturers, as a result of the expansion of parallel imports, have been forced to reduce the**
**striking differences between the prices for the same model in different Member States. Such**
**divergences make the practice of parallel imports all the more attractive.**

**One must not forget that, apart from the purely economic advantages of parallel imports for**
**private individuals, the abolition of regulatory obstacles to the registration of vehicles imported**
**from another Member State is of practical importance for the citizen. When an individual**
**settles in a Member State other than that of which he is a national, he generally imports his**
**vehicle; this he must re-register locally after a certain period in which the original registration is**
**authorized or a provisional one is issued. The European citizen will never be convinced of the**
**reality of the intemal market if re-registering his own vehicle means he has to deal with a lot of**
**red tape, whose purpose he fails to understand. In this way too, Community law provides**
**considerable help for the Community citizen.**

**As the Commission explains in its notice of 4 November** **1988** **(21), a Member State may object**
**to the type approval and registration of a vehicle previously registered and approved in another**
**Member State, for reasons associated with the vehicle's technical characteristics, only if there**
**is a serious risk to human health and life, which it is for the competent authorities to explain**
**and substantiate through a quick and inexpensive procedure.**

**As a result of the major changes that have occurred in the Community rules on motor vehicles**
**with the entry into force of Community** **type-approval** **for vehicles, the Commission is updating**
**the vehicles notice; this will also make it possible to tackle new problems that have been iden-**
**tified through the application of Article 30* to this sector.**

**While national rules, other than those on the technical characteristics of vehicles, which**
**obstruct imports may be examined under Article 30 of the EC Treaty*** **(22),** **the restrictive**
**effects of the measures in question on the free movement of goods must not be too tenuous or**
**merely hypothetical.**

**The Court had a chance to reiterate this principle in** **its** **judgment of 13 October 1993 (23), when**
**it gave a preliminary** **mling** **on the compatibility with Article 30 of the obligation in German law**
**that retailers must provide information. The dispute which gave rise to this reference for a**
**mling** **was between the owner of a motorcycle shop and a customer who had refused to take**
**possession of a motorcycle imported from France as a result of a refusal by the official German**
**distributors to repair under guarantee motorcycles imported in parallel. The buyer claimed that**
**the retailer had not fulfilled his duty to provide information by not drawing his attention to the**
**behaviour of the German distributors.**

**In** **the above judgment** **of** **13 October 1993, the Court held that Article 30* did not clash with a**
**mling by a court imposing an obligation to provide information before a contract is signed on**
**the grounds that the restrictive effects of the** **obligation** **in question are too uncertain and too**
**indirect for the said obligation to be regarded as likely to interfere with trade between Member**
**States.**

(21 ) OJ No C 281 of 4 November 1988

(22) see Case C-47/88, where the Court referred, in paragraph 13 of its judgment, to the possibility of assessing the
compatibility with Article 30 of certain Danish vehicle registration taxes

(23) case C-93/92, not yet reported

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 39

**F.** **Obligation to use the national language**

**83.** **The Commission has always considered that imposing the use of a given language at**
**stages prior to sale to the final consumer cannot be justified on consumer protection grounds,**
**since this type of regulation is not necessary: businessmen, who are the only persons involved,**
**will** **conduct their affairs in the languages which they know** **well,** **or in which they will be able to**
**get the particular information they want.**

**When goods are sold to the final consumer, to require a particular language may also be**
**contrary to Article 30 since such a requirement would be disproportionate.**

**Thus the principle of proportionality is opposed to the compulsory translation of terms and**
**expressions which are easily understandable even though they are not in the, or one of the,**
**official language(s) of the Member State where the goods are sold to the final consumer.**

**Such cases arise in particular where terms and expressions are used which are generally**
**known to the consumer (e.g. "Made in** **..."),** **or where the terms have as yet no equivalent in the**
**official language(s) of the State where they are being sold, or again where the terms and**
**expressions used on the label are easily understandable because they are similar in spelling to**
**those in the or a language of the State in which the goods are marketed.**

**In** **Peeters** **(24),** **the Court of Justice confirmed that making it compulsory to use only the**
**language of the linguistic region where the goods are marketed, without allowing for the possi-**
**bility of using another language easily understood by purchasers or of ensuring that the**
**purchaser is informed by other measures, is contrary to Article 30 of the EC Treaty* and to**
**Article 14 of Directive** **79/112/EEC*** **on the labelling, presentation and advertising of foodstuffs.**

**The Commission has long relied on the above principles when dealing with the complaints**
**which it regulariy receives on this subject, which principles the Member States are aware of.**
**Thus,** **Germany recently amended its legislation on the labelling of foodstuffs, stating that** **indi-**
**cations in German may also be given in another easily understandable language, provided that**
**the information to the consumer is not impaired.**

**Realizing the importance of this question, the Commission has adopted a communication on**
**the use of languages in the marketing of foodstuffs (25)** **in** **which it interprets Article 30 of the**
**EC Treaty* and Article** **14** **of the abovementioned directive on the labelling, etc. of foodstuffs.**

**The Commission also adopted a more general Communication concerning language use in the**
**provision of information for consumers in the Community (26). This communication surveys the**
**existing provisions and lists a number of lines of thought which might be conducive to**
**improving consumer information in the context of the internal market, without encroaching on**
**Member** **States'** **competence as regards rules on the use of languages.**

**G.** **Rules on advertising**

**84.** **National rules limiting or prohibiting certain forms of advertising or certain means of**
**promoting sales (comparative or "knocking" advertising, advertising which emphasises tempo-**
**rary price reductions,** **door-to-door** **selling, sales, bargain offers, etc.) do not affect imports**
**directly but are likely to restrict their volume since they influence the opportunities for**
**marketing the imported products.**

**In** **Yves Rocher** _**(P),**_ **the Court held that there was a conflict between Article 30 and the prohibi-**
**tion of price advertising in which, when the new price is highlighted, reference is made to a**
**higher eariier price. The Court found that this prohibition was not justified on the grounds of**

(24) Case C-369/89 [1991 ] ECR 1-2971

**(25)** **COM(93)532** **final of** **10** **November** **1993**

(26) COM(93) 456 final, 10 November 1993

(27) case C-126/91, not yet reported

THE COMMUNITY INTERNAL MARKET -1993 REPORT

40 OPERATION OF THE INTERNAL MARKET

**consumer protection, since it would affect advertising which was not at all deceptive but which**
**compared prices actually charged; such advertising could be very useful in helping the**
**consumer to make his choice in full knowledge of** **the** **facts.**

**H** **Monopolies and exclusive rights**

**85.** **Certain products can be obtained only from given sellers or categories of seller, who fulfil**
**the statutory conditions for the exercise of the occupation in question, whose number or**
**even geographical location is sometimes subject to the supervision of the authorities. For**
**instance, the exclusive marketing** **rights** **which pharmacies enjoy have been described as sales**
**monopolies by the Court of Justice** **(28),** **Such a monopoly is likely to influence the marketing**
**opportunities for imported products and may, in some circumstances, prove to be in breach of**
**Article 30 of the EC Treaty.* However, the monopoly may be justified on the grounds of health**
**protection.**

**A sales monopoly may also arise where the State reserves the marketing of a product for an**
**authority, a public corporation or a private firm under the supervision of a public authority,**
**which itself grants certain retailers the** **right** **to distribute the monopoly product.**

**In the light of recent Court decisions** **(29),** **the Commission is examining the compatibility with**
**the Treaty of the current monopolies in the marketing of tobacco products in Spain, France and**
**Italy.** **Several references for a preliminary mling are currently before the Court of Justice. They**
**concern the compatibility of the Italian tobacco monopoly with various provisions of the**
**EC Treaty, including Article 30 in particular** _**(p).**_ **The Commission will not fail to draw the**
**necessary conclusions from the judgment which the Court will give in** **1994.**

**2°** **Technical harmonization and standardization**

**A.** **Legislation adopted in the various sectors**

_**a)**_ _**Agricultural products**_

**86.** **In the veterinary field, all the harmonization measures provided for in the White Paper**
**programme have been adopted. The Council has asked the Commission to carry out on-the-**
**spot checks in order** **to** **ensure:**

**•** **compliance with the Community rules as to the conditions in which products of animal**
**origin may be produced and placed on the market;**

**•** **identical or equivalent production conditions and health and animal-health rules in**
**third countries likely to export to the Community.**

**As regards plant health, measures have focused on two main objectives:**

**•** **checking that the new Community rules on producer registration, the issue of plant-**
**health passports and inspection of plants and plant products from third countries have**
**been properly implemented by the twelve Member States since 1 June** **1993;**

**•** **obtaining information on the plant-health situation in third countries by means of** **fact-**
**finding visits.**

(28) See Case C-368/88 Delattre and C-60/89 Monteil [1 991 ] ECR 1-1487 and 1-1547

(29) see Case C-202/88 Telecommunications terminals (1991] ECR 1-1223, CaseC-260/89 Elliniki Radiophonia
Tileorassi [1991] I-2925, Case C-179/90 Port of Genoa [1991] ECR I-5889, Case C-18/88 RTT v GB-INNO-BM

[1991] ECR 1-5941 and Case C-27/92 LPO, not yet reported

(30) see Case C-387/93-1 Banchero II

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 41

**It should be stressed that the transfer of jurisdiction in these matters to Community level**
**considerably increases the Commission's responsibilities.**

**Veterinary legislation**

**87.** _**Animal**_ _**health**_ **- All the directives covering the veterinary inspection rules on trade and**
**imports involving live animals have been adopted. Now that harmonization in this area has**
**been completed, the Commission has introduced rules for the implementation of the directives**
**and,** **in particular, specific conditions governing import of animals from third countries. Follow-**
**ing the occurrence of diseases in the Community, the Commission has also had to take**
**measures to restrict trade in and importations of livestock and livestock products, in particular**
**with regard to foot-and-mouth disease, classical swine fever and African swine fever.**

**In** **December, on a proposal from the Commission, the Council adopted two directives amend-**
**ing the rules on intra-Community and third-country trade in live poultry and fresh poultrymeat in**
**order to bring them into line with recently adopted legislation on the control of poultry diseases**
**in the Community, in particular as regards Newcastle disease and avian influenza.**

**88.** _**Public**_ _**health**_ **- The** **harmonized** **rules on the health requirements with regard to the**
**placing on the market and importation of livestock products (meat, meat-based products,**
**minced meat, milk and dairy products and fishery products), have been implemented in the**
**Member States.**

**89.** _**Inspection**_ _**-**_ **In accordance with the rules provided for in the White Paper, veterinary**
**inspections at the** **Community's** **internal frontiers have been abolished. Inspections at the**
**Community's extemal frontiers have been harmonized and strengthened so as to ensure**
**compliance with public and animal health standards in the Member States. The Council has**
**also,** **on a proposal from the Commission, adopted a proposal amending the rules on the**
**financing of health inspections and checks in respect of fresh meat and poultrymeat, and intro-**
**ducing a fee for the inspection of** **such** **products imported from third countries.**

**90.** _**Protection**_ _**of**_ _**animals**_ **-** **In** **December, on a proposal from the Commission, the Council**
**adopted a directive on the protection of animals at slaughter.** **It** **replaces Community rules**
**dating from** **1974** **and extends the scope of Community measures in this area by incorporating**
**the provisions of the Council of Europe convention on the subject and by introducing rules on**
**species not previously covered and on the slaughter of animals in special cases, such as for**
**disease control purposes.**

**91.** _**Scientific cooperation**_ **- Scientific cooperation with experts from the Member States is**
**organized by the Commission within the framework of the Scientific Veterinary Committee set**
**up on 30 July 1981. The Committee comprises three sections: animal health, public health and**
**animal welfare.** **Its** **members are leading scientific figures. In addition to plenary sessions,**
**numerous sub-groups meet frequently at the Commission's request.**

**The Commission carries out consultation of the profession via the Advisory Veterinary Commit-**
**tee,** **whose membership comprises representatives of agricultural producers, agricultural coop-**
**eratives, industry, commerce,** **workers'** **and consumers' organizations** **and** **the veterinary**
**profession.**

**The legislative function in the veterinary and zootechnical sector is carried out within the**
**framework of the Standing Veterinary Committee and the Standing Committee on** **Zootechnics.**
**These committees meet at least five days a month and operate in the same way as regulatory**
**committees.**

**92.** _**Transposition**_ _**-**_ **As regards the transposition of directives, the Member States were**
**confronted - particularly in** **1992-with** **a very considerable amount of extra work. Even in**
**Member States where special measures were taken to speed up the transposition work, there**
**were major** **delays.** **Also, the complex nature of the measures to be incorporated (for example,**
**the reorganization of veterinary and plant-health checks) considerably increased the delays**
**which were already occurring before the end of** **1992.**

THE COMMUNITY INTERNAL MARKET -1993 REPORT

42 OPERATION OF THE INTERNAL MARKET

**In** **the veterinary field it should be noted that there are marked differences between the Member**
**States in the extent to which measures have been incorporated into national law. Three**
**Member States often criticized for their slow transposition have made a major effort. Belgium,**
**Luxembourg and Italy (thanks to the adoption by the Italian Parliament of a law permitting**
**accelerated transposition specifically for directives relating to the single market) have**
**succeeded in attaining a level of transposition similar to that of Denmark and the**
**United Kingdom.**

**The directives concerned are, of course, those abolishing physical checks at intemal frontiers**
**and reorganizing checks, both at internal level and as regards imports from third countries,**
**which are essential for the realization of the single market in the veterinary field. The transposi-**
**tion of these directives involves not only often complex legislative work (31) but also requires a**
**complete** **restructuring** **of veterinary checks with regard to procedures, staffing levels and**
**infrastructure.**

**Although formal transposition of the directives is still in progress in three Member States**
**(France, Ireland and, on a few points of detail, the Netherlands), all the Member States have**
**apparently taken all the practical measures necessary to ensure the proper functioning of the**
**single market in this area, where the Commission has received very few complaints.**

**As regards the other veterinary directives it should be noted, in particular, that there have been**
**considerable delays in the transposition by Ireland and the Netherlands of those relating to**
**artificial insemination and reproduction. Having received no notification of transposition**
**measures in respect of these directives, the Commission referred the matter to the Court,**
**which censured the two Member States (32).**

**Plant-health legislation**

**93.** _**Pesticides**_ **- The Community regime, adopted under the White Paper programme, for the**
**authorization of plant protection products, came into force in July 1993. The first stage of the**
**ten-year** **collaborative programme between the Commission and Member States for the** **re-**
**evaluation of existing active substances incorporated in plant protection products, provided for**
**under** **this** **regime and for** **which** **detailed implementing rules were laid down by the Commission**
**in December 1992, became operational on 1 August** **1993.** **As an example of subsidiarity, the**
**regime provides for Member States to authorise individual preparations under harmonised**
**rules.** **Proposals for detailed uniform principles to be applied by Member States in evaluating**
**these preparations were submitted to the Council in April** **1993.**

**As a further step in the Commission's programme for the control of pesticide residues in** **agri-**
**cultural products, the Council adopted two proposals fixing Community maximum residue**
**levels in a wide range of commodities to assure their free circulation as well as a high level of**
**consumer protection.**

**94.** _**Organic farming-**_ **The new** **Community** **regime regulating organic farming in the**
**Community came into force on 1 January** **1993.** **Transitional arrangements have been adopted**
**during 1993 to facilitate imports of such products from third countries offering satisfactory**
**arrangements prior to the possible establishment of full equivalency with Community provi-**
**sions.**

**Implementing measures were adopted at the beginning of the year** **to** **define certain outstanding**
**technical provisions relating to organic production, necessary for the introduction of the regime**
**in Member** **States.** **Further refinements were adopted during the year in the light of early expe-**
**rience of its operation.**

(31) The Netherlands, for example, have had to amend and adopt 15 legislative acts in order to incorporate into national
**law** Directive 90/675/EEC* laying down the principles governing the organization of veterinary checks on products
entering the Community from third countries

(32) The Court censured Ireland on 17 November 1992 for the non-transposition of Directive 87/328/EEC* and the
Netherlands on 2 August 1993 for the non-transposition of Directives 87/328/EEC*, 88/661/EEC*, 89/361/EEC*,
907118/EEC* and 90/119/EEC*. It is also due to give a ruling shortly on the non-transposition by Ireland of
Directives 88/407/EEC*. 88/661/EEC*. 89/361/EEC*. 90/118/EEC*. 90/119/EEC* and 90/120/EEC*

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 43

**95.** _**Plant**_ _**Health**_ **- After a transition period following the abolition of internal frontier controls**
**on** **1** **January** **1993,** **during which intra-Community trade continued on the basis of phytosanitary**
**certificates with strengthened controls by Member States at destination, the new plant health**
**regime, adapted fully to the requirements of the intemal market concept, came into force**
**throughout the Community on 1 June** **1993.**

**A number of detailed application measures were adopted by the Commission during the year to**
**facilitate the uniform implementation of the regime by Member** **States.** **These included detailed**
**rules for movements of certain plants through or** **within** **a protected** **zone,** **and the specification**
**of certain plants for consumption (potatoes and** **citrus-fruit),** **the** **producers** **of which or the**
**warehouses should be registered.**

**The Commission also adopted a large number of derogation decisions to facilitate imports of**
**certain plants and plant products into the Community from certain third countries. For the most**
**part, these were adaptations of previous** **derogations,** **granted under the former plant health**
**regime, made necessary by the requirements of the new legislation and the concept of the**
**intemal market.**

**96.** _**Seeds and**_ _**Propagating**_ _**material-**_ **This field has been characterised by a high degree of**
**harmonization for many years, thanks to Community legislative activity since the** **1960's.**
**Despite this, certain adaptations to the requirements of the single market concept, and other**
**improvements have become necessary. Thus, during** **1993** **the Commission took measures to**
**improve the regime related to the free movement of seeds of agricultural, vegetable and**
**forestry crops satisfying the Community quality requirements essentially established by the**
**early legislation. These included an acceleration of the procedure by which new varieties could**
**be included in the Community common catalogue and benefit from free circulation within the**
**Community.**

**The White Paper envisaged the extension of Community legislation to propagating material of**
**fruit and ornamental plants to take account of recent technical and commercial developments**
**in these fields. The relevant framework measures were adopted by the Council over** **1991/1992**
**and during 1993 the Commission has adopted a first set of eleven implementing measures**
**defining the quality - principally relating to plant health and genetic identity - of the material to**
**be marketed within the Community.**

**97.** _**Animal Nutrition**_ _**-**_ **Similarly to the seeds and propagating material sector, animal nutrition**
**legislation needed little adaptation under the White Paper programme. However, more recent**
**technical and commercial developments have rendered necessary certain up-dating and**
**improvements, which the Commission has actively addressed during** **1993.**

**Thus,** **the Council adopted in September a directive establishing specific rules on feedingstuffs**
**for particular nutritional purposes, commonly referred to as "dietetic** **feedingstuffs"** **and Direc-**
**tive** **93/113/CEE*** **setting up an interim regime for new categories of feed additives (enzymes**
**and** **micro-organisms),** **pending amendments of the basic legislation in Directive 70/524/EEC***
**to accommodate these categories on a permanent basis.**

**Experience of existing regimes has also shown the need to strengthen Community provisions in**
**certain respects and the Commission has made proposals accordingly. On the one hand, it has**
**proposed a revision of certain basic concepts of Directive 70/524/EEC* concerning feeding-**
**stuffs additives, in particular the introduction of brand-specific authorization for antibiotics,**
**growth promoters, coccidiostats and other medicinal additives. On the other, it has made**
**proposals governing the organization of inspections of feedingstuffs by Member States. These**
**seek to establish common rules and procedures for inspections carried out at extemal borders**
**and at different stages of intemal Community** **trade** **as well as improved** **co-operation** **between**
**Member** **States,** **sanctions and a mechanism for the settlement of disputes.**

**98.** _**Scientific cooperation**_ _**-**_ **The scientific co-operation with experts of Member States is**
**organised essentially through seven regulatory committees covering the different sectors of**
**activity (33).**

(33) i.e. Standing Committee for Seeds and Propagating Materials for Agriculture, Horticulture and Forestry, Standing
Committee for Plant Health, Standing Committee for Feedingstuffs, Standing Committee on Organic Farming,

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

44 OPERATION OF THE INTERNAL MARKET

**Apart from their legislative functions, these committees, particularly through their numerous**
**dependent committees of experts and working groups, assure regular and intensive exchange**
**of scientific and support of the development and application of Community legislation in these**
**highly technical fields. For example, the Standing Committee for Seeds and Propagating Mate-**
**rials for Agriculture, Horticulture and Forestry oversees an annual Community programme of**
**comparative trials for seeds and propagating material of the main agricultural plant species,**
**conducted throughout the Community and visited during the growing season by the competent**
**experts of Member States to harmonise technical methods of inspection used in Member**
**States and to compare propagating material produced in the Community with those produced in**
**third countries. A similar programme is developing for the sectors of fruit and ornamental**
**plants,** **now subject to Community legislation.**

**Another form of scientific** **co-operation** **in the fields of animal feedingstuffs and pesticides is**
**through the work of the Scientific Committees for Animal Nutrition and Pesticides respectively.**
**These Committees, consisting of highly qualified scientists from Member States, give**
**independent advice to the Commission in these fields on particular scientific and technical**
**problems which in general may arise from the work of the abovementioned committees of**
**experts of Member States.**

**99.** _**Transposition**_ **-** **In** **the plant-health sector, there are few problems regarding the Commu-**
**nity directives due to be incorporated into national law by** **1** **January** **1993.**

**The directives on protection measures against the introduction into the Community of organ-**
**isms harmful to plants and plant products and against their propagation within the Community**
**were due to be incorporated into national law by 1 June 1993. So far, seven Member States**
**(Denmark, Spain, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom) have**
**notified transposition measures.**

**The Commission is following closely the transposition of these directives, since they constitute**
**the legal basis for the reform of controls in the plant-health sector. Since the expiry of the**
**transposition deadline it has therefore initiated infringement proceedings under Article 169 of**
**the EC Treaty* against all the Member States which have still not taken the necessary action.**

_**b)**_ _**Foodstuffs**_

**100.** **The completion of the White Paper programme and the follow-up to the Sutherland**
**Report constitute the framework for activities in the foodstuffs sector. Thus, during** **1993,** **the**
**Council adopted Regulation (EEC) No 315/93* on contaminants in food, Directive 93/5/EEC***
**on scientific cooperation, Directive 93/43/EEC* on food hygiene, Directive 93/99/EEC* on addi-**
**tional measures concerning the official control of foodstuffs, and Directive** **93/77/EEC*** **consoli-**
**dating the Community rules on fruit juices. As far as food additives are concerned, the Council**
**reached common positions on three Commission proposals, relating to colourings, sweeteners,**
**and amendments to the framework directive (Directive** **89/107/EEC*)** **(34).** **The Commission**
**adopted Directive** **93/102/EEC*** **amending Annexes** **I** **and II to Directive** **79/112/EEC*** **on the**
**labelling of foodstuffs, Directie 93/45/EEC* on the manufacture of nectars and five directives**
**concerning materials and articles coming into contact with foodstuffs.** **It** **also put forward a**
**proposal for a Regulation laying down a Community procedure for the approval of flavouring**
**substances (35).**

**The Commission is also assisting the Member States in monitoring operation of the single**
**market and in incorporating Community directives into national law. To that end, the second**
**Community control programme, applicable in 1994 and aimed at coordinating public**

Standing Committee for Propagating Materials and Plants of Fruit Genera and Species, Standing Committee for
Propagating Materials and Ornamental Plants, Ad hoc Committee on Cholera established by Regulation (EEC)
3185/91*

(34) COM(92) 252; COM(93) 153

(35) COM(93) 609 final

THE COMMUNITY INTERNAL MARKET -1993 REPORT

OPERATION OF THE INTERNAL MARKET 45

controls, will shortly be introduced by the Commission on the basis of Directive 89/397/EEC* on
the official control of foodstuffs.

**101.** The interpretative Commission communication concerning the use of languages in the
marketing of foodstuffs, adopted by the Commission on 10 November 1993 (36), is intended
to assist Member States in determining the linguistic requirements for economic operators and
in assessing the concept of a language easily understood by purchasers as referred to in
Article 14 of Directive 79/112/EEC* on the labelling of foodstuffs.

**102.** The Commission, in accordance with the conclusions of the Sutherland Report, wishes to
improve the coherence and transparency of rules on foodstuffs. It plans to present in mid-1994
a Green Paper on foodstuffs regulations, which would possibly be followed by a draft
general directive.

**103.** At the Edinburgh Summit it was agreed that the "vertical" harmonization directives
(on preserves, sugar, honey, coffee extracts, fruit juices, cocoa and chocolate, preserved milk
and mineral waters), which were regarded as excessively detailed, should be rationalized so
as to take into account only the essential requirements which products must satisfy in order to
be able to move freely in the Community. The Commission is undertaking consultations and
drafting proposals which are due to be presented to the Council at the beginning of 1994.

The Summit also agreed that it was not necessary to continue preparing a number of drafts
harmonizing technical standards, particularly with regard to dietary foodstuffs. Accordingly, the
Commission is currently preparing a proposal amending Directive 89/398/EEC* on foodstuffs
intended for particular nutritional uses.

**104.** The Commission has introduced a procedure for scientific cooperation with the
Member States under Directive 93/5/EEC* This takes the form of a scientific partnership
between the national institutes and the Scientific Committee for Food, centred on a pilot project
on flavourings. The scientific support of the Member States should enable the foundations for
Community rules in this area to be laid quickly.

_c)_ _Mechanical and electrical engineering, pressure vessels, medical equipment and_
_measuring instruments_

**105.** Activities relating to the implementation and application of the directives covering these
sectors were stepped up in 1993. For example, the Commission initiated a system for the
exchange of experience between the certification bodies designated by the Member States
for the implementation of the directives.

Another activity connected with implementation has been the distribution of implementation
guides. These have included one for Directive 89/336/EEC* on electromagnetic compatibility,
available at the workshop organized by the Commission in October 1993, and another for
Directive 89/392/EEC* on machinery, distributed in June. In the medical field, the Commission
has drawn up a guide on the operation of the system for the notification of equipment malfunctions, etc. (37). Similar activities are in. progress in the field of metrology through contributions
to "Welmec" (Western European Legal Metrology Cooperation).

In addition, following the Sutherland Report, consultations have been started in each sector
with experts in the Member States with a view to determining the needs and possible procedures for cooperation between the authorities responsible for market supervision.

**106.** The Commission is also continuing its activity aimed at ensuring the effective and
correct transposition of the directives.

(36) COM(93) 532 final of 10 November 1993

(37) Directive 90/385/EEC* on active implantable medical devices and Directive 93/42/EEC on medical devices

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**46** **OPERATION OF** THE **INTERNAL MARKET**

**107.** **Also in** **1993,** **a problem regarding the free movement of aerosol dispensers containing**
**certain inflammable gases which had been the subject of a safeguard clause was resolved. The**
**Commission, having judged that the clause was justified, took the measures provided for in**
**Directive 75/324/EEC* in order to amend the directive.**

**108.** **Legislative activity was continued and resulted in:**

**• the adoption by the Council of:**

**-** **Directive** **93/42/EEC*** **concerning medical devices**

**-** **Directive** **93/44/EEC*** **amending the directive on machinery;**

**• the adoption by the Commission of:**

**-** **a proposal for a directive concerning pressure equipment** **(36)**

**-** **a proposal for a directive on articles of precious metal (39).**

_**d)**_ _**Construction and construction products**_

**109.** **The year** **1993** **marked a crucial stage in the implementation of Directive** **89/106/EEC***
**on construction products.**

**In** **July the Standing Committee on Construction delivered a favourable opinion on the English**
**versions of the six interpretative documents.**

**The documents form a link** **between** **the six essential requirements relating to construction**
**works and technical specifications, i.e. the harmonized European standards and European**
**technical approvals. Their adoption opens the way for the completion of the standardization**
**programme for construction products. It** **will** **also facilitate the task of determining the choice of**
**certification of conformity procedure for products and product groups.**

**At present, the directive has been incorporated into national law by ten Member States and the**
**legislative procedure is nearing completion in the last** **two.** **The Member** **States'** **legislative texts**
**are currently being examined.**

**The effective implementation of the directive, i.e. the placing on the market of construction**
**products bearing the CE** **mark,** **will depend on the availability of harmonized technical specifi-**
**cations (European standards or technical approvals) and on the decision regarding the choice**
**of conformity certification procedure.**

_**e)**_ _**Motor vehicles**_

**110.** **The completion of the single market in this field involves the progressive replacement**
**of a body of detailed technical rules, intended for the safety of users and third parties and for**
**the protection of the environment in each Member State, by a single body of rules for the**
**whole Community. This technical harmonization is in addition to the harmonization of admin-**
**istrative procedures undertaken through the introduction of a single system of type approval for**
**vehicles, which will eventually replace all the existing national systems.**

**Technical harmonization, which began in 1970 with the adoption of the first specific directives**
**(on** **noise** **levels and exhaust gases), was completed for private cars through the adoption, in**
**June** **1992,** **of the last three of the forty-five directives laying down comprehensive rules on**
**vehicle design.**

**These rules, introduced progressively into the various national procedures, made it possible for**
**a single EEC type-approval procedure to enter into force on 1 January 1993, in accordance**
**with Directive 70/156/EEC* as amended by Directive 92/53/EEC* EEC type approval is to**
**finally replace the national procedures on 1 January** **1996,** **and a group of representatives from**

**(38)** **OJ No C** **246, 9.9.1993**

(39) COM(93) 322 final

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

OPERATION OF THE INTERNAL MARKET 47

**the competent authorities** **in** **the Member States and interested parties is responsible for provid-**
**ing a regular update on difficulties encountered during the current transitional phase.**

**The Commission will report in** **1994** **on the implementation of EEC type approval and propose**
**any necessary improvements prompted by the conclusions of** **its** **report. It** **will** **also say what**
**the prospect are for extending the system to vehicles other** **than** **private cars, this being an area**
**where a special effort is currently being made.**

**111.** **At the same time as the above work, the Commission needs to amend the specific**
**directives in order to keep pace with technological developments, particularly as regards**
**emission reduction and the improvement of passive and active safety. It is also making sure**
**that technical mles which may serve as a basis for the implementation of national measures**
**other than type approval and registration do not create distortions which negate the benefit to**
**the Community of the harmonization of** **technical** **and administrative mles.**

**Similar steps were taken with regard to two or three-wheel** **vehicles,** **drawing on the lessons**
**learnt through the legislative work on cars and heavy vehicles. Directive** **92/61/EEC*.** **which**
**introduces** **EEC type approval of two or three-wheel motor vehicles, is based on requirements**
**due to be specified in twelve new directives, of which ten have since been adopted and one**
**has reached the stage of a Council common position. The last proposal for a directive was**
**adopted by the Commission on 30 November** **1993** **(40). EEC type approval of two or** **three-**
**wheel motor vehicles is due to be introduced to replace the existing national procedures by**
**1 January 1997.**

**With regard to agricultural** **tractors,** **where EEC type approval has been operational since**
**1 January** **1990,** **further work is needed in order to extend the scope of the approval so as to**
**cover the majority of such vehicles and, to that end, to amend the technical rules already**
**adopted,** **and also to increase the transparency of** **the** **Community mles.**

**In** **order for the three type-approval procedures to function smoothly, the Commission must**
**ensure that they are** **properly** **implemented and avoid discrepancies by instigating cooperation**
**between all those involved in their implementation: the authorities responsible for awarding**
**type approvals, approved testing laboratories and decentralized authorities issuing registra-**
**tions.** **Besides meetings of** **groups** **of experts and committees, the establishment of a computer-**
**ized communications network** **will** **have a significant role to play.**

_**f)**_ _**Pharmaceuticals**_

**112.** **The technical requirements regarding the testing and manufacture of medicinal products**
**for human and veterinary use have been completely harmonized since** **1993,** **as have the mles**
**on labelling, advertising, wholesale distribution, issue on medical prescription and the transpar-**
**ency of national measures fixing prices and the level of reimbursement for medicinal products.**
**An unofficial seven-volume consolidated version of these provisions has been prepared for**
**some 2 000 European pharmaceutical firms and distributed by the Office** **for** **Official Publica-**
**tions under the title** **"Regulations** **governing medicinal products in the European Community".**

**113.** **In order to enable pharmaceutical firms to gain access more quickly to the single market,**
**in June and July 1993 the Council adopted Regulation (EEC) No 2309/93* and Direc-**
**tives** **93/39/EEC*.** **93/40/EEC* and 93/41/EEC* on the future system of** **authorization** **for**
**placement on the market and the establishment of a European Agency for the Evalu-**
**ation of Medicinal Products. The new system for authorization for placement on the market is**
**scheduled to commence operation on 1 January** **1995.**

**Thus,** **from** **1995,** **firms will have the choice between:**

**•** **a centralized procedure culminating in a single authorization for the whole European**
**Community, reserved for certain new medicinal products and compulsory for biotech-**
**nology;**

(40) COM(93) 494 final of 30 November 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

48 OPERATION OF THE INTERNAL MARKET

     - a decentralized procedure intended for the majority of medicinal products, based on
mutual recognition of national authorizations and, in the event of disputes, binding
Community arbitration.

In order to make the new system work, a European Agency for the Evaluation of Medicinal
Products is being set up, comprising committees receiving technical and administrative support
from a secretariat and substantial scientific support from the competent authorities in the
Member States. Opinions delivered by the Agency to be enforceable by the Commission.

_g)_ _**Chemical products**_

**114.** The Commission's legislative work programme for dangerous substances and preparations and for fertilisers consists of harmonization measures to ensure a maximum of free circu
lation within the internal market.

**The harmonization measures on dangerous substances and preparations** **take** **the form**
**either of limitations on marketing and use or rules of the classification, packaging and**
**labelling of preparations.**

     - Directive 67/548/EEC, as amended for the 7th time by Directive 92/32/EEC* and
Directive 88/379/EEC* establishes common mles for the classification, packaging and
labelling of dangerous substances and preparations. These mles, which have been
progressively refined over twenty-five years, have also served as the model for
similar legislation in many non-EC countries. Since 1981, the same directive also
establishes a common system for the notification of new chemicals prior to their introduction onto the Community market. Under these harmonized procedures, manufacturers/importers need only notify in one Member State in order to have access to the
entire Community market.

     - Directive 76/769/EEC*. as amended, provides a Community framework for limiting
the marketing and use of certain dangerous chemicals. However, Community action
or initiatives in this area are usually a posteriori responses to proposals from Member
States and as notified under 83/189/EEC*. This rather ad-hoc, reactive, approach to
control measures will be improved following the entry into force of Council Regulation
793/93/EEC*. which provides a Community framework for a systematic evaluation of
all existing chemicals on the Community market.

     - With regard to limitations on marketing and use there were three proposals to amend
directive 76/769/EEC* introducing new substances with the appropriate limitations
into Annex I to this directive before the Council in 1993 (41). All three await an opinion
of the European Parliament. Preparatory work has continued on one draft proposal to
amend Directive 76/769/EEC* ( [4] 2). Discussions with Member States experts were
pursued on the question of asbestos.

     - With regard to dangerous preparations the services of the Commission are now
beginning to re-examine Directive 88/379/EEC* on the approximation of the laws,
regulations and administrative provisions of the Member States relating to the classification, labelling and packaging of dangerous preparations. With the aim of ensuring
a high level of protection for the environment the proposed directive will introduce a
harmonized approach within the Communities to the marketing of preparations which
have dangerous properties for the environment.

     - With regard to fertilizers, the Commission has revised, restructured and complemented Annex I of Directive 76/116/EEC* f* [3] ) in order to introduce new types of fertilizers meriting the label "EEC fertilizers". At the same time, the analytical method to
be used for the control of "trace fertilizers" has been published (Directive 93/1/EEC*).

( [41] ) The 12th (PBBE's), the 13th (Cresote/solvents/CMT), the 14th (Nickel) and the 15th (flammable aerosols)

( [42] ) The draft 15th Amendment (flammable aerosols) and the draft 16th Amendment (HCE)

C [43] ) The Commission has adopted a proposal codifying Directive 76/1167EEC*. as modified (see SEC(91 ) 1858 final)

THE COMMUNITY INTERNAL MARKET                       - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 49

   - One group of products which have until now, not been covered by specific Community legislation is biocides. such as wood treatment products, fungicides, anti-fouling
paints, disinfectants and so on. On 27 July 1993, the Commission put forward a
proposal for a Council directive on the authorization of biocidal products (44).

**115.** Community legislation dealing with chemical products is based on the principle that it is
the national authorities in the Member States which are the interface with industry, the
Commission's role being to coordinate the position of the Member States and to oversee the
continued evolution of the legislation in the light of scientific and technical progress and to
introduce Community legislation only in order to assure the free circulation of goods under the
criteria of highest possible protection of health and environment.

All Member States are full and active participants in the Community legislation dealing with
chemicals, and problems relating to the transposition of Community legislation into national law
are the exception. A more significant problem with the legislation is that of ensuring that sufficient resources are dedicated to control and compliance: the problem is compounded in those
Member States where the regional governments have responsibility for effecting such controls
and where the priorities may vary considerably between different regions. The Commission is
actively working with the Member States to improve control and compliance programmes and,
where appropriate, to co-ordinate concerted control activities.

_**h)**_ _**Toys**_

**116.** As regards Directive 88/378/EEC* on the safety of toys, the situation is altogether positive: all the Member States have incorporated the directive into national law and in only one
case has the Commission had to initiate non-compliance proceedings.

Although it was among the first directives to be adopted under the new approach, its implementation has not given rise to major problems, so it can justifiably be said that it has achieved its
aim as regards both the free movement of products and the market control machinery which it
has introduced.

With regard to that machinery, during the period 1990-93 the safeguard clause was used
eighty-five times. The Commission departments considered that almost 90% of cases were
justified and informed the other Member States immediately. It was mainly imports from third
countries (in Asia) which were concerned.

_i)_ _Textiles_

**117.** As regards textiles (Directives 71/307/EEC* and 72/276/EEC*), all the Member States
now have legal instruments designed to facilitate free movement.

It should be noted that the general situation remains satisfactory, even if certain Member
States' legal instruments still need to be brought into line in order to ensure that the textile
products available on the Community market comply with the directive.

In accordance with the transparency criterion, the Commission has also started the work
needed in order to produce consolidated versions of the directives on textile products and the
methods for their analysis.

(44) C0M(93) 351 final (OJ C 239 of 3.9.93)

THE COMMUNITY INTERNAL MARKET -1993 REPORT

50 OPERATION OF THE INTERNAL MARKET

_j)_ _Cosmetics_

**118.** As regards the incorporation into national law of Directive 76/768/EEC* relating to
cosmetic products, although this is an old directive which has been regularly amended to take
account of technical advances, the situation is not entirely satisfactory.

Some Member States' legislation still contains market control measures which are incompatible
with it. Consequently, the Commission has initiated several infringement proceedings for noncompliance (45).

The problems have arisen owing to the technical nature of the transposition of the directive
and, more particular, the specific nature of the field which it harmonizes.

There are, however, other factors which make the cosmetics directive a disputed instmment
from the point of view of transposition. These include the changes made in the light of technical
advances and the amendments which the directive has undergone. This has resulted in the
scattering of the subject over more than twenty Community texts. In order to resolve this problem, the Commission departments, at the indication of the Edinburgh European Council,
commenced work in early 1993 on a consolidated version of Directive 76/768/EEC*.

In order to achieve this objective, during 1993 the Council adopted several directives designed
to protect consumers and effectively place the single market at their service. Further directives
are in the course of being adopted or prepared.

**119.** The Council also adopted Directive 93/35/EEC* of 14 June 1993, amending Directive
76/768/EEC* for the sixth time. This is a major amendment which, among other things, introduces the following innovations:

   - compilation by the Commission of an Indicative inventory of ingredients employed in
cosmetic products;

   - the requirement for the function of the product and the name of the ingredients used
to be marked on the packaging or, if this is not possible, enclosed with the product;

   - the requirement for manufacturers and importers to keep accessible to the supervisory authorities concemed information on the identity, quality, safety for human health
and the effects claimed for cosmetic products;

   - a ban on testing on animals after 1 January 1998.

_k)_ _Terminal equipment_

**120.** In the field of telecommunications equipment, on 29 October 1993 the Council adopted
Directive 93/97/EEC* supplementing Directive 91/263/EEC* in respect of satellite earth station
equipment. Identical certification procedures will therefore be used for satellite earth station
equipment and telecommunications terminal equipment.

The terminal equipment directive was also amended by Directive 93/68/EEC* harmonizing
Community marking under the new approach; the CE mark used in Directive 91/263/EEC* is
now identical to that prescribed by the other directives, and the means of identification of the
notified body involved in the certification procedure is now a number assigned by the Commission.

**121.** Although measures were due to be taken by 6 November 1992, four Member States
have still not notified any text incorporating Directive 91/263/EEC* on terminal equipment into
national law. This situation is harmful to economic operators, among other things because the
procedures for testing the conformity of terminal equipment and for awarding CE marking have
not been introduced into national legislation in the countries concemed. The monitoring of
transposition in accordance with the texts notified by the other Member States has revealed

(45) in this connection, France was censured by the Court of Justice for inadequate transposition of the Directive, in a
judgment dated 5 May 1993    - Case C-246/91 Commission v France [1993] ECR I-2289

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 51

discrepancies resulting not only from the complexity of the text but also variations in interpretation. The Commission departments are working together with the Member States with a view to
harmonizing effectively the measures to be implemented. The Commission is initiating
infringement proceedings in those cases in which no measures have been notified or in the
event of non-conformity of the measures taken by the Member States.

_I)_ _Recreational_ _craft:_

**122.** The Economic and Social Committee having delivered a favourable opinion and Parliament having approved the text at first reading on 18 November 1992, the Council reached a
common position on the Commission proposal for a Council directive on the approximation of
the laws, regulations and administrative provisions of the Member States relating to recreational craft (46).

_m)_ _Energy efficiency_

**123.** Commission activity forms part of two programmes, one on energy saving (SAVE) and
the other on alternative sources of energy (ALTENER).

A first series of measures concerns the establishment of technical specifications for products in
order to promote energy efficiency and environmental protection. These measures have
included the adoption of Directive 92/42/EEC on efficiency requirements for new hot-water
boilers fired with liquid or gaseous fuels. This directive has not been incorporated satisfactorily
into national law; there have been delays in most Member States owing to the introduction by
the directive of the concept of efficiency at part load, which did not previously apply in the
Member States. Further proposals are being prepared regarding refrigerators, air turbines and
bio-fuels.

A second series of measures concerns comprehensive information for consumers on the
enemv consumption of products in order to encourage energy savings. The Council adopted a
framework directive on the labelling of household appliances (Directive 92/75/EEC*). This is
currently being incorporated into national law; a number of Member States considered that this
could be achieved only through implementation measures which have not yet been adopted.
The Commission disputes this interpretation and has therefore initiated infringement proceedings against the Member States in question. Implementation measures are currently being
prepared in accordance with the procedures established by the framework directive; the first
Commission implementing directive will be on efficiency standards for refrigerators.

B. Standardization policy

**124.** Standardization remains an important aspect of Community policy for the development
and functioning of the internal market, and this has been reflected in the issue of new
mandates and an emphasis on the following up of current standardization work undertaken in response to Community initiatives. So far, some 150 mandates have been drawn
up under the various policies related to the intemal market, of which some 20 were considered
in 1993. As a result, the European Committee for Standardization (CEN) is currently undertaking over 3000 standardization work items related to New Approach Directives and other policies
related to the internal market such as public procurement; the European Comittee for Electrotechnical Standardization (CENELEC) and the European Telecommunications Standards Institute (ETSI) are undertaking about 100 items related to the internal market. Transposition into
national standards will follow their agreement in the European body. Substantial programmes of
standardization have been presented during the year, in areas related to New Approach Direc

(46) OJ No C 123, 15.5.1992

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

52 OPERATION OF THE INTERNAL MAI-KET

tives, and in areas relevant to public procurement such as the oil and gas industries; these
programmes form a valuable tool for the promotion of coherence and the setting of priorities.
Standardization work is not a rapid process, and a period of some five years is anticipated
before completion of substantial parts of the programmes; however, further measures have
been taken, particularly relating to the improvement of efficiency and the delivery of standards.

In certain areas of Community policy, such as air traffic control and defence procurement, it
has become evident that it is necessary to take account of technical specifications drawn up by
other bodies. In particular, mandates have been drawn up for standardization activities **in** these
areas, inviting the European standards organizations to work in conjunction with NATO and
with Eurocontrol.

**125.** Progress was made on the approval of the second modification to Directive
83/189/EEC*; the impact of this modification for standardization is that it will include **a change**
**to the information procedure for national standardization** activities that will make procedures more efficient and less bureaucratic.

Following the addition of ETSI to the annex of Directive 83/189/EEC*, and in order to complete
the recognition of ETSI as an European standardization body within the European standardization system, the Commission has formally requested the Member States to notify the national
standards organizations which will carry out the national level work in ETSI standardization.

**126.** The 1992 Council Resolution on the role of standardization in the European economy (47), encourages the further use of European standards as an **instrument of European**
**integration** and **as a basis for the support of legislation,** and calls for reference to
standards to be used, where appropriate, in future Community legislation. Following this Resolution, opportunities for the broader use of standardization were considered, covering the use of
standardization in support of Community policies under Article 118 A of the Community
Treaty*, dealing with health and safety at the work place, and Article 130 R*. covering environmental measures, and Title XII of the Treaty on European Union concerning the development
of trans-European networks.

**127.** To further these objectives, whether inside or outside the Community, and in order to
facilitate trade, the Community has encouraged the work of the third country unit of CEN in
providing information and ensuring the availability of European standards to third country
users.

Negotiating directives were approved in September 1992, authorising the Commission to negotiate agreements with third countries on the mutual recognition of tests, marks and certificates
of conformity. Exploratory talks with several countries have started. Since the principle of
mutual recognition of conformity assessment goes above and beyond the Community's obligations under the GATT agreement on Technical Barriers to Trade, the negotiating directives
specify that countries with whom the Community might conclude a mutual recognition agreement should be signatories to the GATT Agreement. In parallel, the Commission has been
authorized to negotiate agreements with third countries in the more specific field of the mutual
recognition of good laboratory practices.

Technical assistance in the fields of standardization, certification, methodology and quality
assurance is also provided by the Commission to third countries. The services of third country
unit of CEN are used in carrying out such technical assistance projects. The improvement of
the technical competence of third countries in these fields should enable the establishment of
Mutual Recognition Agreements with such countries to become a feasible option in the future.

**128.** Efforts to assist small and medium enterprises have been concentrated on providing
a high level of information and assistance through the network of European Information
Centres and defining the particular difficulties likely to be faced by the smaller economic operator.

(47) OJC 173 of 9.7.92

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

(51

OPERATION OF THE INTERNAL MARKET 53

**129.** **Support through standardization for the objectives of opening up public procurement**
**contracts to competition has become of increasing importance, with the approach to comple-**
**tion of the programme of directives in this area, and a number of mandates have been issued**
**relating to this field of Community activity, for example in railways, electrical power generation,**
**and oil gas exploration and production.**

**130.** **A report to the Commission, the Council and the Pariiament, on the development of**
**European standardization, and particularly its wider use** **in** **support of Community policy, is**
**under preparation.**

**C.** **Quality, certification, marking and conformity policy**

**131.** **As part of the process of implementing the** **Community's** **technical legislation (in particu-**
**lar the "new approach" directives) and to facilitate the free movement of goods generally in**
**accordance with the principles developed by the Court of Justice in Cassis de Dijon** **(48)** **and**
**subsequent judgments, a certification policy has been put in place alongside standardization**
**policy. This has had the effect of enhancing the overall consistency of conformity assess-**
**ment, both between the various sectoral directives and in those areas where statutory and**
**private systems coexist. As a result, operators are beginning to perceive the internal market as**
**a unified economic area in which a product can be freely placed on** **the** **market under cover of a**
**single certificate.**

**The Community is thus establishing, within the legislative framework, common principles and**
**implementing mles for the certification procedures laid down in the directives, for the choice**
**and notification of the bodies appointed by the Member States to implement those procedures**
**and for the conditions in which the common CE conformity mark is to be affixed.**

**In** **the unregulated sectors, the Community has begun putting into place a European infrastruc-**
**ture with the aim of ensuring transparency equivalent to that achieved by the directives, in**
**particular by promoting the same technical instruments.**

**132.** **These different developments are enabling the Community as a whole to establish a**
**consistent, unified policy also as regards relations with non-member countries. Explora-**
**tory talks are currently being held with the Community's main partners to see what scope there**
**is for signing mutual recognition agreements, thereby extending the logic of the single market**
**beyond the confines of the EC.**

**133.** **The policy described above is first and foremost a programme of practical and technical**
**measures designed to promote transparency at Community level and facilitate the steps to be**
**taken by operators in order to gain access to the market. For over two years, work at the**
**Commission has been moving towards a more ambitious policy which, while strengthening the**
**cohesion of the internal market, will provide a genuine springboard for European businesses,**
**enabling them to develop their activities from a stronger competitive base.**

**The aim is to evolve a genuine quality policy for the Community through a two-pronged**
**approach:**

**•** **improving the quality culture of economic operators, inter alia through promotion**
**activities;**

**•** **redirecting the various activities of public authorities and private services in the**
**quality field towards a common goal under a programme bringing together all the**
**necessary tools (finance, budget, infrastructure, etc).**

(48) Case 120/78 [1979] ECR 649 - 20.2.79

THE COMMUNITY INTERNAL MARKET -1993 REPORT

54 OPERATION OF THE INTERNAL MARKET

**Prevention and control procedures**

**Prevention of new obstacles**

**134. In the agricultural sector, the infringement proceedings initiated in** **1991-92** **for failure to**
**comply with Article 8 of Directive** **83/189/EEC*** **laying down a procedure for the provision of**
**information in the field of technical standards and regulations have had a positive impact on**
**the Member States, which have become more aware of the need to apply the notification**
**procedure more strictly and to submit all draft measures containing technical mles to the**
**Commission before they are adopted.**

**As a result, the number of notifications has risen considerably, those Member States which had**
**previously violated the directive having acquired the habit of systematically notifying any draft**
**that falls within the ambit of this instmment. As a consequence, the number of infringement**
**proceedings initiated fell sharply in 1993, providing tangible proof that the directive is being**
**much better applied by Member States. Furthermore, most Member States demonstrated a**
**conciliatory attitude, deferring to the Commission's views once infringement proceedings were**
**initiated.**

**135.** **In** **other product areas too, the** **infonmation** **procedure introduced by Directive**
**83/189/EEC*, as amended by Directive** **88/182/EEC*,** **continues to prove its worth a basic**
**instrument for the exchange of infonmation and the prevention of barriers to trade.**

**172**

**176**

**165**

**80**

Year | Notifications

Comments

MS

224

Intention to propose
Art. 9(2) Art. 9{2a)s

COM

COM

5

7

25 .

5

Detailed opinions

MS

104

119

66

64

167

184

104

1990

1991

1992

1993*

386

435

362

385

168

139

121

88

14

47

19

4

- **The** figures **for** 1993 are subject **to** amendment until **March** **1994**

**The statistics in the above table below show a marked increase in the total number of notifica-**
**tions between** **1990** **and** **1991,** **followed by a decline in 1992.**

**The trend did not continue in** **1993,** **when there was a slight rise. The stabilization of Member**
**States'** **individual regulatory activity can be accounted for by their involvement in preparing for**
**the completion of the single market and by the single market process itself, which makes for a**
**harmonized approach in strategic areas.**

**However, certain problems came to light in the course of 1990 and 1991, and these prompted**
**the Commission to send the Council on 27 November** **1992** **a proposal for a Directive amend-**
**ing for the second time Directive** **83/189/EEC*** **(49).** **The aim of the proposal is to extend and**
**spell out more clearly the scope of the obligation to notify (inclusion of "other** **requirements"**
**imposed on a product after it has been placed on the market, and inclusion of voluntary**
**agreements, tax incentives and financial measures in the definition of de facto technical regu-**
**lations), clarify certain mles of procedure (request for application of the emergency procedure),**
**and increase the scope for applying standstill periods (adoption of national measures to be**
**suspended indefinitely once the Council has reached a common position).**

**On 11 November** **1993** **the Council adopted a common position on the proposed directive (50),**
**which is due to enter into force in July** **1995.** **The common position is along the same lines** **as**
**the Commission's initial proposal, with a few changes (e.g. a different definition of other**
**requirements and shorter status quo deadlines.**

(49) COM(92) 491 final; OJ No C 340,23.12.92

(50) Sent to Parliament on 13 December 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 55

**B.** **Exchange of information**

**136.** **Under Article 100b* of the Treaty, the Commission drew up, in conjunction with each**
**Member State, an inventory of the barriers that were still preventing completion of the**
**area without internal frontiers.**

**The findings and operational conclusions of the exercise were set out in a communication to**
**the Council and Parliament** **(Si).** **Two main findings can be underscored:**

**•** **there remained a small number of barriers to the free movement of** **goods,** **for** **which** **it**
**was difficult to determine whether an infringement of Article 30* was involved or**
**whether harmonization measures were really necessary at Community level;**

**• the contributions received from Member States were uneven and sketchy, and did not**
**provide a basis for the Commission to propose that the Council declare** **specific**
**national mles to be equivalent.**

**137.** **These two conclusions, together with completion of nearly all the work under the 1985**
**White Paper and elimination of controls at the Community's internal borders on 1 January**
**1993,** **prompted the Commission to envisage arrangements for dealing swiftly, effectively,**
**transparently and consistently with cases in which a Member State refused to recognize**
**that the national rules of another Member State were equivalent to its own.**

**The Commission therefore recently sent the Council and Pariiament a proposal for a Decision**
**establishing a procedure for the exchange of information (between the Member States and with**
**the Commission) on all cases where a** **Member** **State takes steps to prevent, on grounds of**
**non-conformity** **with its own (non-harmonized) national mles, the free movement of goods**
**produced and/or marketed in another Member State (52).**

**C.** **Early-warning procedures**

**138.** **In** **its December 1992 communication on the follow-up to the Sutherland report, the**
**Commission undertook to draw up a communication on the procedures for dealing** **effec-**
**tively with urgent problems. The communication was adopted by the Commission in Decem-**
**ber 1993 (53).** **it** **describes the machinery in place in the following areas: consumer products,**
**foodstuffs, medicinal products, medical appliances, radiological emergencies, veterinary and**
**plant-health controls, and the radioactive contamination of food and** **feedingstuffs.**

**The Commission concludes that the procedures examined generally fulfil their main objective,**
**namely, the rapid transmission of data between Member States should a serious and immedi-**
**ate risk be detected. Evaluation of the various individual procedures has nevertheless induced**
**it to envisage possible improvements to some of the systems in force, for example speeding up**
**transmission of information; tightening up conditions for using the procedure, limiting it to**
**genuinely urgent cases; greater precision in information to be supplied by national authorities;**
**and more uniform use of early-warning systems by the Member States. The latter have been**
**called on to contribute actively to discussions which the Commission intends to hold on the**
**topic with a view to reaching concrete conclusions and proposing an overall improvement of**
**the systems where necessary.**

(51 ) COM(93) 669 final, 12 December 1993

(52) Proposal for a European Parliament and Council Decision establishing a procedure for the exchange of information
on national measures derogating from the principle of the free movement of goods within the Community (COM(93)
670 final - COD 489,15 December 1993)

(53) C0M(93) 430 final, 16 December 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

56 OPERATION OF THE INTERNAL MARKET

**Exceptions to freedom of movement**

**A.** **Article 36* of the EC Treaty**

**139.** **A national rule that is held to be incompatible with Article 30* of the EC Treaty may be**
**justified for reasons to do with one of the legitimate objectives listed in Article 36*. The meas-**
**ure must, however, be necessary and not excessive with respect to the legitimate objective**
**pursued.**

**The Court of Justice confirmed this settled case-law in two recent decisions:**

**•** **in a judgment delivered on 25 May** **1993** **(54), it deemed incompatible with Articles 30***
**and 36* of the EC Treaty the imposition of systematic checks on consignments of**
**imported fish duly accompanied by a health certificate drawn up by the Member State**
**of dispatch;**

**•** **in a judgment handed down on 8 June** **1993** **(55),** **the Court held a Member State to be**
**in breach of Articles 30 and 36* for requiring that imported sterile medical accessories**
**be subjected to tests or laboratory examinations that had already been carried out in**
**the Member State of origin and the results of which could be communicated to the**
**authorities of the Member State of destination.**

**B.** **Article** **100a(4)*** **of the EC Treaty**

**140.** **Relying on this provision two Member States have sought to exclude the application of**
**Directive 76/769/EEC* (approximation of measures relating to restrictions on marketing and**
**use of certain dangerous substances) as regards the substance PCP (see Directive**
**91/173/EEC*)** **and to maintain in force their own national laws. The Commission has issued a**
**decision to one of those countries, Germany, confirming that it may continue to apply its**
**national laws. France has commenced proceedings for annulment of that decision.**

**C.** **Article** **115*** **of the EC Treaty**

**141.** **In the past, authorizations granted under Article** **115*** **have allowed Member States to**
**restrict or monitor indirect imports from other Member States, where such restrictions were**
**necessary to give effect to a particular national import regime,** **and** **to avoid disruption of the**
**Member State market for the product concerned. Under strict conditions, recourse to Article**
**115*** **has therefore been used as a fall-back in cases where the common import regime had yet**
**to be finalised. However, Article 7 A* has required the dismantling of internal frontier controls**
**and thereby implied the disappearance of the infrastructure which had traditionally been used**
**to enforce Article** **115*** **measures.**

**In the light of this development, the Commission and the Member States began work at an**
**early stage to curtail the use of Article** **115*** **and to press for the removal of remaining**
**differences between national import regimes which are the root cause of Article** **115***
**measures. On the basis of stricter mles for the granting of Article** **115*** **authorizations laid down**
**in Commission Decision 87/433*, the Commission has ensured the gradual phasing-out of**
**Article** **115*** **measures. The successful application of this strategy meant that the practice of**
**using Article** **115*** **to protect separate national import regimes had come to an end by the time**
**that physical frontier checks were abolished. The only Article** **115*** **measures which remained in**

(54) case C-228/91 Commission v Italy, not yet reported

(55) case C-373/92 Commission v Belgium, not yet reported

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 57

**force after** **1** **January** **1993** **were the authorizations granted to France and the United-Kingdom**
**to restrict the entry onto their markets of bananas from non-traditional sources. These authori-**
**zations were granted as an exceptional interim measure to ensure stability on the banana**
**markets of these Member States before the entry into force of the Common Market Organiza-**
**tion for Bananas on 1 July 1993. Following the expiry of these measures, no further authoriza-**
**tions for surveillance or restrictions measures under Article** **115*** **have been granted.**

**General product safety**

**142.** **Directive** **92/59/EEC*** **on general product safety is intended to build up confidence on**
**all** **sides in the satisfactory operation of the single market. To that end, it adopts a** **two-**
**pronged (i.e. both preventive and corrective) approach.**

**On the one hand, it imposes on all economic operators a general safety** **obligation,** **i.e. an** **obli-**
**gation to put on the market only products that are safe. This is supplemented by other obliga-**
**tions,** **including that of providing some form of product monitoring. The directive also imposes**
**obligations on the Member States and outlines the means they must have at their disposal to**
**ensure compliance with the general safety obligation.**

**On the other hand, it sets up a system for dealing with emergencies caused by products that**
**constitute hazards to users. It incorporates therein the procedure provided for by Decision**
**89/45/EEC*** **on a Community system for the rapid exchange of information on dangers arising**
**from the use of consumer products, adding to it a Community procedure whereby the**
**Commission can, under certain conditions, take emergency measures itself.**

**The directive applies to consumer products which are not covered by specific safety mles laid**
**down in other Community instruments.**

**The directive does not come into effect until 29 June 1994. In view of the abolition of controls**
**at the Community's internal frontiers, Council Decision 93/5807EEC of 25 October 1993**
**conceming the institution of a Community system for the exchange of information in respect of**
**certain products which may jeopardize** **consumers*** **health or safety brought forward the intro-**
**duction of the administrative mechanism for the safeguard clause provided for in Article 7.**

**§ 2. Special free movement arrangements**

**A.** **Agriculture**

_**a)**_ _**Creation of new market organizations for agricultural products**_

**143.** **The work programme to bring agricultural legislation into line with the requirements**
**of the free movement of agricultural products was completed in good time, barring a few**
**exceptions.**

**•** **Leaving aside a few amendments of minor importance, mention should first of all be**
**made of the adoption of Regulation (EEC) No 404/93* on the common organization of**
**the market in bananas. This came into force on 1 July 1993.**
**The market organization provides for common quality and marketing standards, a**
**scheme for encouraging the creation of** **producer** **organizations and aid to offset any**
**loss of income sustained by producers. There are also arrangements for awarding a**
**single premium to** **producers** **withdrawing completely** **from** **banana-growing. The**
**arrangements for trade with non-member countries provide for the import free of duty**
**of 857 700 tonnes of bananas from traditional ACP supplier countries and a quota of**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

58 OPERATION OF THE INTERNAL MARKET

2 million tonnes for imports from non-traditional ACP supplier countries and other
non-member countries.

The new mles are being challenged through various actions brought before the
Court of Justice and a request for examination by a GATT panel. An application for
interim measures to stop the mles coming into force on 1 July 1993 was rejected by
the Court, which has yet to give judgment on the substance of the case.

The situation is similar for potatoes. Because of the existence of national market
organizations, quantitative restrictions and barriers to the free movement of potatoes
within the Community are still possible. To rule out any such risks, the Commission
has put forward a proposal for a Council Regulation on the common organization of
the market in potatoes (56), which contains measures to encourage the creation of
producer groupings and makes arrangements for trade with non-member countries.
The proposal is making only slow headway in the Council owing to the wide gulf
between those delegations opposed to the idea of regulating the sector and those
which feel, on the contrary, that the Commission's proposal does not go far enough.

Other agricultural products of lesser importance (honey, chicory, pineapples, coffee.
non-wine vinegar, cork) are not yet covered by a common market organization. Steps
have therefore been taken to bring them within the scope of Council Regulation
(EEC) No 827/68* on the common organization of the market in certain products
listed in Annex II to the Treaty ("remnants" regulation). However, the Commission
proposal (57) has met with reservations on the part of several delegations and is
deadlocked at the Council.

The existence of national market organizations in alcohol of agricultural origin (which
is still the subject of a monopoly in one Member State) and of price differentials
between Member States means that there is a risk that the free movement of this
product might be hindered. Neither can the possibility of countervailing charges being
applied under Article 46* of the EC Treaty be ruled out.
The Commission is preparing a fresh proposal for creating a common organization of
the market in this sector to replace the proposal that has been completely deadlocked
for years at the Council.

_b)_ _Transitional arrangements under the Act of Accession of Spain and Portugal_

144. In the Commission's view, completion of the single market by 1 January 1993 with regard
to Spain and Portugal too was an overriding political commitment that could not be deferred
until the date laid down by the Act of Accession for elimination of the accession compensatory
amounts [31 December 1995, or even later in certain cases].

There were only two possible solutions for achieving the 1993 objective:

     - retaining the arrangements and shifting controls from the border to the place of origin
or the place of destination; or

     - scrapping the arrangements before the date laid down in the Act of Accession.

Since the first solution did not make it possible to establish a system of control that would
normally ensure individual supervision of movements, the Council, acting on Commission
proposals, opted for the second solution for most of the existing arrangements, namely:

     - abolition of the accession compensatory amounts for sugar and olive oil in trade with
Spain and for rice, dried milk and olive oil in trade with Portugal (this was achieved
through the early alignment of prices);

     - introduction of a compensatory mechanism for fruit and vegetables;

     - abolition of customs duties in intra-Community trade and of the fixed components
protecting the cereals and rice processing industry in Spain and Portugal.

(56) COM(92) 185 final

(57) COM(91) 328 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 59

**Termination of the arrangements has not, however, done away with the fundamental guaran-**
**tees which the Act of Accession afforded to the producers concemed: major compensatory**
**measures have been envisaged for** **them,** **namely aid for sugarbeet and sugar cane producers**
**and the Spanish sugar industry; restructuring measures to assist French, Greek and Italian fruit**
**and vegetable growers; a whole series of measures to assist Portuguese agriculture, in particu-**
**lar the extension and increase of existing aid to cereals producers and the introduction of a**
**similar aid scheme for rice growers. In addition, an** **allowance,** **for definitive withdrawal from**
**milk production has been introduced, along with more favourable conditions for the suckler cow**
**premium,** **aid to producer organizations and assistance** **for the** **agri-foodstuffs industry.**

**The second option was taken to a small extent in dealing with supplementary trade mecha-**
**nisms (STMs). The quantitative nature of these mechanisms did not make it possible to evalu-**
**ate precisely how much compensation had to be envisaged but did not involve any risk to the**
**Community budget. The solution chosen was therefore to eliminate STMs wherever possi-**
**ble (58), while retaining them, as part of a system of control applied chiefly at the place of**
**destination, for a very few products, namely:**

**• as regards STMs protecting the Spanish market, live cattle, and milk in small**
**packages;**

**•** **as regards STMs protecting the Portuguese market, live cattle, oranges and apples;**

**•** **as regards the market of the Ten, a very small number of fruit and vegetable products**
**which are particularly sensitive (tomatoes, artichokes, melons, apricots, peaches,**
**strawberries).**

_**c)**_ _**Agri-monetary measures**_

**145.** **The Council introduced a new** **agri-monetary** **system with effect from 1 January 1993**
**(see Regulation (EEC) No 3818/92*).** **Under** **this regime, monetary differences between the**
**conversion rates used in connection with the common agricultural policy and real daily**
**exchange rates are kept within a narrow enough band to avoid market distortions between**
**Member States and therefore the need for monetary compensatory amounts (MCAs). MCAs**
**were abolished from 1 January 1993, thereby eliminating the need for MCA-related border**
**checks.**

**The principles established by the Council for** **the** **new regime are as follows:**

**• the ecu, to which a corrective factor is temporarily applied, is to be used as the unit of**
**account for setting agricultural prices and amounts;**

**• conversions between the ecu thus adjusted and national currencies are to be made at**
**rates close to reality:**

**-** **the corrected central rate for the fixed currencies maintaining a 2.25% fluctuation**
**margin between them within the European Monetary System;**

**-** **a corrected rate close to the average market rate** **for the** **other, floating, currencies;**

**• falls in farm incomes following agri-monetary movements can be offset through**
**increases in certain fixed amounts in ecus or** **through** **degressive aid.**

**Regulation (EEC) No 1068/93* implementing the new agri-monetary system lays down the**
**mles for adjusting agricultural conversion rates in line with movements in real exchange rates.**
**It** **determines for each specific transaction the operative events for agricultural conversion rates**
**and the conditions for advanced fixing of these rates.**

**146.** **Following the decision taken on 2 August 1993 to widen the fluctuation margins within**
**the European Monetary System to** **15%,** **all currencies are now following the mles laid down for**
**floating currencies. This aggravates the risk of both upward and downward agri-monetary**

(58) Particularly in the case of the STM protecting Spain for cereals, beef and veal and several milk products, the STM
protecting Portugal for cereals, rice, milk products, beef and veal, pigmeat and poultrymeat, processed fruit and
vegetables, flowers and ornamental plants, and the STM protecting the market of the Ten for several fruits and
vegetables and for wine

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

60 OPERATION OF THE INTERNAL MARKET

fluctuations in all Community currencies. To mitigate some of the undesirable effects on the
common agricultural policy, the Council decided to amend the basic agri-monetary regulation in
order in particular to make agricultural conversion rates more **stable and overcome**
**certain difficulties.**

During the period leading up to the Council decision, the Commission froze the automatic
adjustment of agricultural conversion rates as a precautionary measure, while managing the
system in such a way as to avoid deflections of trade.

**B.** **Controls on transport**

**147.** **All controls on means of road and river transport at the Community's internal**
**frontiers were abolished** by Regulation (EEC) No 4060/89* of 21 December **1989** **and** Regulation (EEC) No 3356/91* of 7 November 1991 amending it. All these measures came into
effect on 1 January 1992.

Regulation (EEC) No 3912/92* of 17 December 1992 extended these measures **to** means of
transport registered or put into circulation in non-member countries, albeit without expressly
shifting these controls to the Community's extemal frontiers, a measure that does not appear **to**
pose any practical problems.

**C.** **Dual-use goods and technologies**

**148.** **Export controls on intra-Community trade in dual-use goods and technologies**
**pose a problem for the completion of the internal market.** The Commission addressed this
problem in a Communication (59) in January 1992 in which, amongst other points, it stated that
such items should move as freely between Member States as they do within each of them. The
Council subsequently established an Ad-hoc High Level Working Party to examine the problem.

The Commission presented a proposal for a Council Regulation on 31 August 1992 (60). The
objective of this proposal is to create the conditions under which intra-Community controls
could be eliminated, by ensuring that all Member States apply effective export controls, based
on common standards. In parallel to the examination of the proposal in the Ad-hoc High Level
Working Party, work on the content of common lists of goods, destinations and criteria was
pursued in the framework of informal inter-governmental meetings.

Much progress was made in both fora. However, despite intensive work, two deadlines were
missed (31 December 1992 and 31 March 1993) and no agreement was reached during the
course of the year. Discussions will continue in both fora with a view to reaching an agreement
in the near future.

**149.** In parallel to the work on Community legislation, it has been decided **to develop a**
**number of strengthening measures to improve national control systems,** by means of
workshops, training programmes and exchanges of officials. In addition, measures will be taken
to reinforce administrative co-operation between national administrations, in particular, through
the development of information networks.

(59) SEC(92) 85 final

(60) COM(92) 317 final

THE COMMUNITY INTERNAL MARKET                       - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 61

**D.** **Cultural goods**

**150.** **In** **the light of the abolition of checks at internal frontiers it was felt that measures should**
**be introduced to ensure that exports of cultural goods were subject to** **uniform** **controls at the**
**Community's external borders and that goods qualifying for protection under Article 36 of the**
**Treaty* did not, as a result of a deflection of trade, leave the Community via a Member State**
**other** **than** **that of provenance.**

**On 9 December** **1992,** **following a proposal from the Commission, the Council adopted Regula-**
**tion (EEC) No 3911/92 on the export of cultural goods,* which provides in particular for the**
**introduction of a system of export licences for certain categories of cultural goods specified in**
**the Annex to the Regulation. On 30 March 1993, in order to ensure that the export licences**
**provided for by the Regulation were uniform, the Commission adopted Regulation (EEC)**
**No 752/93 laying down provisions for the implementation of the Council Regulation,* namely**
**mles governing the drawing-up, issuing and use of the form concemed and a specimen to**
**which the licence is required to conform. Since the entry into force of both the Council Regula-**
**tion and its implementing mles was tied to the adoption of the directive on the return of cultural**
**objects unlawfully removed from the temtory of a Member State both measures entered into**
**force on 1 April 1993.**

**The purpose of these arrangements is to reconcile the principle of free movement of cultural**
**goods in the single market and legitimate protection of national treasures.** **It** **is a particularly**
**good example of the balance which must be achieved in order to ensure the success of the**
**single market: abolition of checks at intemal borders.**

**151.** **Directive** **93/7/EEC** **on the return of cultural objects,* which was adopted in March** **1993,**
**did not have to be transposed until December** **1993** **(March** **1994** **in the case of three Member**
**States).** **Thus far it has not been transposed anywhere.**

**E.** **Weapons**

**152.** **Smooth implementation,** **throughout** **the European Community, of the procedures**
**provided for in Directive** **91/477/EEC*** **with regard to the exchange of information between**
**Member States presupposes a number of contacts between national administrations. The**
**need for such contacts is now even greater, given that some Member States have transposed**
**the directive and others have not. The situation gives rise to some confusion and a risk of**
**misunderstanding between Member** **States,** **thereby causing difficulties for traders.**

**Aware of the importance of such administrative cooperation during this transitional period the**
**Commission has convened meetings of experts to help solve the practical problems that have**
**come to light and, thereby, foster better implementation of the directive.**

**F.** **Radioactive substances**

**153.** **Because of the health hazard posed by the ionizing radiation they emit, radioactive**
**substances are subject to strict controls by the competent national authorities in accordance**
**with Council Directive 80/836/Euratom* laying down basic safety standards of radiation protec-**
**tion.**

**Until 31 December 1992, checks carried** **out** **by certain Member States at internal frontiers**
**provided the competent radiation-protection authorities with information on radioactive**
**substances entering their territory.** **In** **order to maintain the existing high level of control and**
**protection without border checks the Council adopted Regulation (Euratom) No 1493/93***
**requiring consignees of radioactive substances to provide the holder with a written declaration**

THE COMMUNITY INTERNAL MARKET -1993 REPORT

62 OPERATION OF THE INTERNAL MARKET

of compliance with the national legislation applicable whenever they intend to receive radioactive substances from another Member State.

The Regulation applies to all radioactive substances, including radioactive waste. The latter is
subject to the specific provisions of Directive 92/3/Euratom,* which entered into force on
1 January 1994. As from that date the system of prior declarations provided for in the Regulation ceased to apply to shipments of radioactive waste.

G. Explosives

154. The single market in explosives for civil uses will be completed on 1 January 1995 with
the entry into force of Directive 93/15/EEC on the harmonization of the provisions relating to
the placing on the market and supervision of explosives for civil uses.*

The directive contains two types of provisions:

     - those covering the placing on the market of explosives on the basis of the new
approach. In September 1993 work began at the European Committee for Standardization (CEN) with a view to drawing up European standards which could be used as a
basis for presuming conformity to essential requirements;

     - arrangements governing the supervision of transfers of explosives and ammunition in
the Community. The controls concemed are no longer performed as intemal frontier
controls but solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the temtory of the Community. In order to transfer explosives the consignee must obtain approval from the recipient competent authority. The
latter verifies that the consignee is legally authorized to acquire explosives and that
he is in possession of the necessary licences or authorizations. The person responsible for the transfer must notify the competent authorities of the transit Member State
or Member States of movements of explosives through this or these States, whose
approval must be obtained. Specific provisions governing the transfer of explosives
are also provided for in the directive where special security requirements must be
satisfied.

Although the directive will not be applicable in its entirety until 1 January 1995 Member States
were required to bring into force the provisions necessary to comply with the mles on transfers
of explosives by 30 September 1993. Transposition of the mles on transfers is, however,
behind schedule in every Member State except Luxembourg. This is due above all to the fact
that several ministries or levels of public administration have to take part in drawing up the
transposition mles concerned.

H. Drugs and precursors

155. The purpose of Council Directive 92/109/EEC on the manufacture and the placing on the
market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic
substances* is to establish intra-Community monitoring of those substances and, thereby,
prevent their illicit diversion.

The directive, which was adopted in the run-up to the completion of the single market, is aimed
at preventing any distortion of competition in lawful trade and ensuring uniform application of
the mles laid down; it supplements Regulation (EEC) No 3677/90* on control of international
trade in precursors.

It lays down provisions on the monitoring of the placing on the market of scheduled substances,
in particular on the documentation required in the case of transactions leading to the placing on
the market of such substances, and on their marking. It also contains provisions on administrative cooperation between the competent authorities of each Member State.

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**OPERATION OF THE INTERNAL MARKET** **63**

**The deadline for transposition was 1 July 1993. Thus far** **only** **Denmark and the**
**United Kingdom have notified national implementing provisions. The** **consequences** **of the**
**delay in transposition in the other Member States could well be serious.** **If** **Member State A**
**makes placing on the market subject to possession of a licence and if, because of a delay in**
**transposition in Member State B, licences are not available** **in** **the latter, Member State A** **will** **be**
**unable to accept the placing on the market of products from Member State B.**

**I.** **Shipments of waste**

**156.** **On 1 February** **1993** **the Council adopted Regulation (EEC) No 259/93 on the supervision**
**and control of shipments of waste within, into and out of the European Community.* The**
**Regulation will apply with effect from 6 May** **1994** **and will replace Directive** **84/631** **/EEC*** **on**
**the transfrontier shipment of hazardous waste.**

**It is above all the provisions of the Regulation which govern the transfer of waste within the**
**Community that concern the operation of the single market. The fundamental issue is**
**whether waste should be regarded as a product falling within the scope of Article 30 of**
**the EC Treaty,* and can therefore move freely, or whether it should be subject to special**
**rules.**

**In** **this connection the Court of Justice of the European Communities has ruled that certain** **limi-**
**tations of the principle of the free movement of goods are justified in the light of mandatory**
**requirements related to the protection of the environment, provided that such limitations are**
**proportionate to those requirements.** **It** **did not, however, give a mling on the status of the**
**waste (61).**

**The Court later settled a point on which both the legal literature and practitioners had been**
**divided when it stated categorically that** _**\vaste,**_ _**including non-recyclable**_ _**and**_ _**unusable**_ _**waste,**_
_**must**_ _**be**_ _**regarded**_ _**as a**_ _**product whose**_ _**free**_ _**movement,**_ _**pursuant to Article**_ _**30 of**_ _**the**_ _**EC Treaty,***_
_**should**_ _**not in**_ _**principle**_ _**be**_ _**prevented'.**_ **The Court may well have fuelled further debate on this**
**point, however, by stating that** _***waste**_ _**was**_ **a** _**product**_ _**of a**_ _**special**_ _**nature'**_ **(62).**

**The Commission's position in the light of those judgments is thus that, because of the effects it**
**may have on human health and on the environment, waste cannot be regarded as a normal**
**product and must, therefore, be the subject of mles at Community level.**

**The Regulation introduces a system of supervision and control of shipments of waste in order**
**to ensure protection of the environment and human health. Under that system, shipments of**
**waste are subject to prior notification to the competent authorities (of dispatch, transit and**
**destination) and must be accompanied by a consignment note.**

**157.** **Generally speaking, shipments of non-hazardous waste for recovery do not fall within the**
**scope of the control procedures applicable under the regulation. Such waste, known as "green"**
**waste, is not, in principle, harmful to the environment and can move freely within the single**
**market.**

**The Regulation also implements the basic principles of the Community's commercial policy on**
**the management of waste, namely proximity, priority for recovery and self-sufficiency at**
**Community and national levels. It is on the basis of these criteria, among others, that the**
**competent authorities of the Member States may object to a given shipment of waste. The self-**
**sufficiency principle does not apply in the case of waste for recovery. The arrangements appli-**
**cable to recoverable waste are less strict than those governing waste for disposal, but such**
**shipments too may be objected to, in particular on the basis of national plans for the manage-**
**ment of waste.**

**(61)** CaseC-302/86

(62) Case C-2/90 Commission v Belgium - 9.7.92

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

64 OPERATION OF THE INTERNAL MARKET

Some time ago some producers of waste began calling it "by-products" or "secondary raw
materials" in an attempt to evade the mles governing waste. This illustrates how difficult it is to
define waste and draw a line between waste and products and, by the same token, determine
at what stage in the recovery process waste ceases to be waste and becomes a product again.

The fundamental issue is **whether the rules governing** waste cause **undue problems to**
**anyone** engaged **in recovery, and thereby prevent optimum operation of the market in**
recoverable waste.

Everyone agrees that the disposal of waste must be subject to certain standards and controls
designed to protect the environment and human health. Industry is, however, reluctant to
extend those standards and controls to recoverable waste, which, hazardous or not, should be
allowed to move freely. Even accepting the view - something the Commission has not so far
done - that recoverable waste should be allowed to move freely will not resolve the question of
defining it (producers will tend to classify all their waste as 'recoverable'), and the Community's
current legislative framework, which regulates all types of waste, including recoverable, will
have to be reviewed.

In the light of the controversy resulting from attempts to reconcile the principle of free movement of goods within the single market and the special arrangements for waste, the Commission has, in the context of the technical committee on the adjustment of the directives dealing
with waste, set up a working group which, on the basis of a detailed study earned out at the
Commission's request, will look into any aspect of the definition of waste which is raised by
industry or by a Member State.

**158.** The management of packaging **and** packaging waste plays a central role in the
tension that exists between the respective requirements of free movement of goods and environmental protection, making this a priority issue as far as the Community is concerned.

Accordingly, on 15 July 1992, in view of the mismatch between, on the one hand, Directive
85/339/EEC of 27 June 1985 on containers of liquids for human consumption* and, on the
other, the major but often divergent developments which measures adopted by Member States
in this context represent, the Commission presented to the Council a proposal for a directive on
packaging and packaging waste (63). This is based mainly on quantified objectives - to be
attained over a given period - in terms of recovery of packaging waste and minimization of its
final disposal.

**Section 3 - Free movement of services and freedom of**

**establishment**

**§** **1** **- Principle of freedom of movement**

**159.** As far as services are concerned, the principle of freedom of movement in the Community makes it possible to widen the range of choice available to users, both consumers and
firms, who can thus have access to less costly services which are more efficient or better suited
to their needs. The principle has an effect, therefore, on competition and competitiveness. It
also makes it possible to widen the range of opportunity in professional activity and thus has an
effect on employment.

(€3) cOM(92) 278 final and COM(93) 416 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 65

**The dynamic interpretation of Article 59 of the Treaty* by the Court of Justice, in particular in**
**Sâger v Dennemeyer** **(64),** **no longer allows a Member State to prohibit the supply, on its**
**temtory, of a service legally supplied in another Member State, on the grounds that service**
**conditions there are different. Only imperative reasons of public interest can justify an excep-**
**tion to the principle of the free movement of services, and the exception must not exceed what**
**is necessary to attain the desired objective.**

**It** **is a matter of urgency that the principles emerging from the Court's decisions should be**
**consolidated by a general, coherent policy for their application, based on subsidiarity and thus**
**avoiding all laborious harmonization of the various sectors involved except where required by**
**imperative needs of public interest. The Commission is conscious of this and is also endeav-**
**ouring to make businessmen, and the national authorities most directly** **concemed,** **more aware**
**of the** **rights** **embodied in the Treaty's provisions on services.**

**For the Community to progress further towards fuller integration of the single market, efforts**
**will have to focus in particular** **on** **the links between freedom to provide services and freedom of**
**etablishment.**

**§2-Case-law**

**160.** **The principle of the free movement of services is solidly entrenched in many**
**innovative decisions of the Court of Justice. As to establishment, in 1993 the Court, in**
**Kraus/Land Baden-Wûrtenberg** **(6** **[s]** **),** **examined the conformity with Articles 48 and 52 of the**
**Treaty* of a provision of national law governing the use of foreign university titles. The Court**
**found that such titles, even if they do not determine access to a regulated profession, can**
**constitute an advantage for** **both** **joining and prospering in a profession.**

**The Court then ruled that these provisions did not admit of any national measure conceming**
**the conditions of use of a supplementary university title acquired in another Member State**
**which,** **even if applicable without discrimination as to nationality, is likely to impede or make**
**less attractive the exercise by Community citizens of the fundamental liberties guaranteed by**
**the Treaty.**

**The judgment therefore extends the scope of Articles 48 and 52* to national measures which**
**are applied without discrimination (66). Such measures will comply with Community law only if**
**they pursue a legitimate objective which is compatible with the Treaty and are warranted for**
**imperative reasons of public interest, and on condition that the mles in question will guarantee**
**achievement of the objective pursued and do not exceed what is necessary for reaching that**
**objective. In the case in point, the Court said that the objective of the German measure, i.e. to**
**protect the public against the fraudulent use of foreign university titles, was legitimate.**

**It is for the national court to decide how to apply the principle of proportionality. However, the**
**Court has taken the line that to satisfy the requirements of Community law, the sole objective**
**of any prior authorization procedure must be to verify whether the title has been issued in a**
**regular manner, is easily accessible and does not depend on the payment of excessive admin-**
**istrative charges. It must be possible to appeal to the courts against any decision to refuse**
**authorization, and the interested party must be able to find out the reasons for such a decision.**
**Lastly, the sanctions provided for in the event of non-compliance with the authorization proce-**
**dure must not be disproportionate to the seriousness of the infringement.**

(64) Case C-76/90 (1991 ] ECR 1-4221

(65) case C-19/92 - 31.3.92

(66) « should be pointed out that the Court, In particular in Sâger v Dennenmeyer, had already extended the prohibition on
restrictions on the freedom to provide services to measures applicable without distinction

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

66 OPERATION OF THE INTERNAL MARKET

**§ 3 -Regulated areas**

A. Financial services

**161.** It is still a little early to draw conclusions about the functioning of the single market in
financial services, since the basic directives, i.e. the "third generation" insurance directives and
the one on investment services, will come into force only in 1994 and 1995 respectively.

**162.** By contrast, the second Banking Directive has been in force since 1 January 1993. Its
application has not caused any major difficulties for the Member States, except that some
provisions, in particular those on the supply of services, are giving rise to certain problems of
interpretation which the Commission and the Member States are trying to clear up in the
Working Group on the Interpretation of the Banking Directives (WPIBD), whose operation is
described below, and in the Banking Advisory Committee.

The second Directive has been transposed by all Member States except Spain. The failure by
one or more Member States to transpose the directive introducing a single passport is particularly damaging since the directives introduce innovative machinery for notification and cooperation which can only function effectively between countries that have fulfilled their obligations
as regards transposition, and since their provisions do not have direct effect. At all events, it
would be difficult for the companies concemed to make use of such direct effect, since it would
have to be invoked against another Member State, which would be a rather novel situation.
Lastly, the credit institutions of a country which has not transposed are penalized by comparison with their competitors since they cannot benefit from the provisions of the directive and can
act only on the basis of the Treaty.

To remedy this situation, which constitutes an infringement, the Treaty provides the Commission with a range of instruments (Article 169*). In addition, the Commission takes the view that
a Member State which has not transposed the second Banking Directive may not, as a host
country, obstruct the exercise of the freedom of establishment and the freedom to provide
services by credit institutions established in a Member State which has transposed it.

**163.** The Commission has examined a great many cases of non-compliance either with the
Treaty (Articles 52 and 59*) or the directives, the most significant of which is probably the SIM,
set up following the adoption by Italy of a law requiring Community intermediaries in securities
to establish a company under Italian law prior to carrying on business in Italy, thus making it
impossible to supply services and set up as a branch.

The Commission is monitoring the situation itself, as far as its powers and resources allow, but
it relies considerably on economic agents themselves to draw its attention to any cases where
the mechanisms introduced are not working. It is also determined to monitor actively and
systematically the transposition of the directives in the financial sector, without however
mling out the possibility of assistance from outside experts in this task.

_a)_ _Credit_ _institutions_

**164.** As far as credit institutions are concemed, the Community's objectives are identical to
those for the single market in the services sector generally, namely the completion of a large
market within which all credit institutions must operate in the same way as in their respective
national markets. Three principles underlie the creation of this large market: the single
authorization, valid for the Community as a whole, supervision by the home country
authority of activity anywhere on the territory of the Community and the mutual recognition
of supervisory rules.

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 67

Management of the common mles

165. The Commission is monitoring the transposition and implementation of all directives in
force in the field of credit institutions. Monitoring transposition is of course more simple,
since it merely involves comparing a national instmment with its Community "model". Monitoring implementation is more difficult and requires a detailed knowledge of the situation in the
Member States. This type of monitoring depends partly on the vigilance of operators and their
willingness to inform the Commission, and partly on the Commission's capacity to find things
out for itself, which it does in all the appropriate bodies (Banking Advisory Committee, Working
Group, etc.) and, where appropriate, by calling in outside experts. The current situation in the
banking sector is satisfactory as regards both transposition and implementation.

The Commission has set up the Working Group on the Implementation of the Banking Directives, composed of representatives of the Member States and the Commission, whose purpose
is to examine and, as appropriate, resolve all the problems of interpretation which the Member
States encounter when applying the directives. If the Working Group agrees on a common
interpretation, the Commission undertakes to publish it. If there is no agreement, the problem is
referred to the Banking Advisory Committee, which delivers an opinion. If the Committee
reaches agreement the Commission publishes the interpretation; if it does not, the Commission
has the right to draw the necessary conclusions in terms of procedure and open proceedings
against the Member States under Article 169 of the Treaty,* or propose an amendment to the
directive clarifying the point on which interpretations differ.

The Commission has also received many bilateral memoranda of understanding, which the
majority of Member States have concluded with a view to implementing the new procedures
introduced by the second Directive. A detailed analysis of these instruments has not yet been
earned out, but the Commission will see that their substance does not threaten the exercise of
the fundamental liberties. There is a risk that, since they are not transposition instruments
properly speaking, they may contain practical provisions restricting the principles contained in
national legislation.

Partnership with the Member States

166. There has been cooperation with the Member States in the banking field, at institutional
level, since 1979, when the Banking Advisory Committee was set up by the first coordinating
directive (77/780/EEC*). Another form of cooperation is the Commission's participation in the
Contact Group of the banking supervisory authorities of the Member States, which was not
set up by a Community directive but whose existence was recognized by Community instruments, and in the Subcommittee on banking supervision of the Committee of Central Bank
Governors of the European Community.

These various bodies examine the problems caused by the creation of the single banking
market with a view to working out solutions that can be the subject of national measures, in
accordance with the principle of subsidiarity, or to putting forward to the Commission solutions
which require new proposals for Council or Commission directives in accordance with the new
committee procedures.

Transparency of Community measures

167. The Commission is planning to consolidate the main directives adopted in the banking
sector. This project could be completed by the end of 1994. The directives concerned will be
the first and second coordination directives, and the directives on own funds, a solvency ratio,
supervision on a consolidated basis, and large exposures (67).

t [67] ) i.e. Directives 77/780/EEC,* 89/299/EEC,* 89/646/EEC,* 89/647/EEC," 92/30/EEC,* and 92/121 /EEC

THE COMMUNITY INTERNAL MARKET -1993 REPORT

68 OPERATION OF THE INTERNAL MARKET

Commission initiatives and measures to ensure the development of the single market and
overcome the problems encountered

**168.** The Commission has held discussions with banking representatives in the Committee
of Credit Associations.

The purpose of these talks is to explain more fully to the representatives of the nine organizations involved the objectives which the Commission is trying to achieve through the various
regulatory instruments which it draws up with the other Community institutions. The results of
the discussions have generally been positive, since they show the banking circles concemed
that the constraints which some of these instalments impose on them are offset by the opening
up of a large market from which they will be able to benefit.

_b)_ _Insurance_

**169.** In the insurance sector, the Community's objectives are akin to those for the single
market in the services sectors as a whole: they seek to extend to operators all the freedoms in
the Treaty.

The adoption in 1992 of the third insurance Directives (Directives 92/49/EEC* and 92/96/EEC*)
marks the completion of the legislative process set out in the White Paper, except for a
proposal for a directive on the winding-up of insurance companies, still being discussed at
working group level in the Council. As with credit institutions, the three principles underiying the
completion of the internal market in insurance are the single licence, valid throughout the
Community, supervision by the home-country authority and mutual recognition of controls,
coupled with minimum harmonization of the mles on prudential supervision.

**170.** In the separate sector of pension funds, the Community's objectives relate in particular to
freedom to manage fund assets (freedom of an institution for retirement provision to make
contracts concerning the management of fund assets with an institution belonging to one of the
three categories of financial institution authorized in the Community to provide this service) and
the abolition of certain restrictions on freedom of investment. Work has reached the stage of an
amended proposal for a directive (68), which is being discussed in the Council with a view to
reaching a common position by the end of the year.

Management of the common mles

**171.** There are considerable delays in the transposition by certain Member States of Directive 90/618/EEC* (motor insurance, freedom to provide services) and 90/619/EEC* (second
life-assurance Directive). The Commission has initiated infringement proceedings under Article 169 for failure to notify national implementing measures.

Assisted by a group of national experts, the Commission has examined the conformity of the
Member States' instruments transposing Directives 72/166/EEC* and 84/5/EEC* (first and
second Directives on civil liability in respect of the use of motor vehicles). The findings of the
studies are in the process of being analysed at the Commission before procedures are initiated,
where appropriate, for failure to fulfil obligations.

The Commission took part in the drawing-up by the Member States of a protocol implementing the third insurance Directives: the protocol, where the Commission is an observer,
contributes indirectly to the monitoring of the transposition of the directives, which began in
1993 and will continue in 1994. As a result of the protocol, the supervisory authorities determined together the procedures for their cooperation, in direct application of the directives
(procedures for approval, supervision, exchange of information, standard documents such as
the solvency margin statement).

c. [68] ) COM(93) 237 final, OJ No C 171 of 22 June 1993

THE COMMUNITY INTERNAL MARKET -1993 REPORT

OPERATION OF THE INTERNAL MARKET 69

Monitoring the operation of the market

**172.** A study is also being done on the practical application of the second non-life insurance
Directive (88/357/EEC*) and of Directive 78/473/EEC* on Community co-insurance. These
studies will make it possible for the Commission to evaluate the real market impact of the
directives.

More generally, pending the entry into force of the third-generation Directives (third life and
non-life Directives), contacts have been increased with economic operators (insurance companies and intermediaries) and consumers. Similarly, the Commission has organized a meeting
which will take place in the near future of the Insurance Committee on the problems of interpretation that may arise with the entry into force of the third life 'and non-life Directives in July
1994.

Partnership with the Member States

**173.** There has been an effective partnership with the Member States since 1992 in the
Insurance Committee, which was set up by Directive 91/675/EEC*. The Committee assists the
Commission in the exercise of its implementing powers and in the new proposals which it plans
to put to the Council, as regards the coordination needed in this sector. In the course of 1993 its
work primarily involved the prudential supervision of insurance groups and financial conglomerates.

This is supplemented by the Commission's participation in the conference of supervisory
departments in the Member States of the European Community, at which the protocol on the
implementation of the third Directives was drawn up.

Transparency of Community measures

**174.** The Commission is preparing a draft consolidated text of the three generations of
insurance directives; this will be presented in 1994. It is also taking part in the preparation by
Eurostat of service company statistics, pursuant to Council Decision 93/326/EEC*

Commission initiatives and measures to ensure the development of the single market and
overcome the problems arising

**175.** As regards initiatives and measures undertaken, the Commission published a working
paper on the cross-border affiliation of migrant workers to a pension scheme linked to an
occupational activity (pension fund) (69); it is holding discussions with the industry through the
representative federations at Community level.

As regards proposed initiatives and measures, the Commission is studying the feasibility of
a trans-European IT network between insurance supervisory authorities (a multiannual
Community measure supporting the implementation of trans-European information technology
networks for the exchange of data between administrations: the IDA programme). It is also
studying how to improve cooperation with the industry with a view to a voluntary measure for
operators concerning the standardization of nomenclatures and variables in the management of
insurance activities and the improvement of the quality of information on insurance services, in
particular with regard to statistics on service companies.

_c)_ _Stock Exchanges and Securities_

**176.** The freedom of establishment and the freedom of provide services in the securities field
took a decisive step forward with the adoption by the Council on 10 May 1993 of the Investment Services Directive (ISD). As a result of this directive, which to a certain extent is the

(69) Working Doc. XV/2040/92, rev. 1

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

70 OPERATION OF THE INTERNAL MARKET

**mirror image of the Second Banking** **Co-ordination** **Directive, non-bank investment finns will**
**need to be authorised** **only** **in the Member State where they have their registered office. That**
**authorization (European passport) will then allow the firm to undertake the relevant investment**
**activities not only in its home Member State but also in all other Member States either through**
**branches or** **on** **a** **cross-border** **basis.**

**An important necessary condition for investment firms to be given the European passport under**
**ISD** **is that the firm has an adequate amount of start-up capital for the type of investment busi-**
**ness it** **intends** **to engage in. The minimum amount of start-up capital, as well as other mles**
**concerning the minimum amount of** **on-going** **capital, are laid in the Capital Adequacy Directive**
**(CAD) which was adopted by the Council on 15 March** **1993.**

**In** **order to adjust** **the** **ISD,** **as well as the corresponding directives in the banking and insurance**
**fields,** **to the lessons learned from the** **BCCI** **case the Commission adopted on 28 July** **1993** **a**
**proposal which would allow financial supervisors to carry out their task more effectively.**

**The** **ISD** **will also be completed by** **a** **directive on investor compensation. A proposal on the**
**subject has been adopted by the Commission on 22 September 1993** _**(J**_ _**[0]**_ _**).**_ **Its main aim is to**
**place the operation of investor compensation schemes on a home Member State basis, both in**
**respect of services and branch businesses.**

**177.** **In the specific sector of Stock Exchanges, the proposed directive amending the Council**
**directive on listing particulars, which would allow a much easier multi-listing in the Community,**
**is being discussed by the Council (J** **[1]** **).**

**178.** **Finally, in order to expand the investment products available to investors in the**
**Community, as in the case of** **multilisting,** **the** **Commission** **adopted on 9 February 1993 a**
**proposal amending the Council directive on Undertakings for Collective Investment in** **Trans-**
**ferable Securities** **(UCITS)** **[forms of unit** **trusts].** **The proposal basically consists of an extension**
**of the scope of the existing directive in order** **to** **include money markets funds and units of other**
**UCITS (72).**

_**d)**_ _**External relations**_

**179.** **A series of agreements (EEA and Europe agreements) have been concluded which**
**include sections on financial services. A number of others are in negotiation (e.g. Russia) or in**
**preparation (Israel, Turkey).**

**Umguay Round negotiations were successfully concluded on 15 December** **1993.** **As an impor-**
**tant outcome of these negotiations, financial services are part of the General Agreement on**
**Trade in Services (GATS). Thus, a wide range of activities in the banking, securities and**
**insurance sector** **will** **be subject to multilateral mles, which are enforceable through international**
**dispute settlement procedures. Based on most favoured nation treatment, conditions for new**
**access to financial services markets and operations in those markets as well as fair and** **non-**
**discriminatory treatment will be laid down by the GATS.**

**However, during a period of six months after the entry into force of the GATS, all signatories**
**are allowed to improve, modify or withdraw all or part of their commitments without compensa-**
**tion;** **at the conclusion of that six months period they may also request a "most favoured nation"**
**(MFN) derogation or invoke listed MFN exemptions on a permanent basis.**

**It is only at the end of the six months transitional period that the European Union has to decide**
**whether it will continue to apply Article 9 par. 4 of the second banking directive. This and simi-**
**lar provisions for insurance and investment services intend to ensure that Community banks**
**and financial companies are guaranteed reciprocal treatment in third countries. For this**
**purpose, the Commission reports to the Council on the treatment accorded to Community**

(70) C0M(93) 381 final

(71 ) COM(92) 566 final of 23.12.92

(72) OJC 59 of 2.3.93

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 71

financial firms in third countries as regards establishment, the carrying on of activities and the
acquisition in third country financial services companies; the first report covering 27 countries
was submitted to the Council in July 92 (J [3] ). The Commission may initiate negotiations where
necessary or even take concreet measures such as temporary suspension of Member State
decisions regarding market access of firms governed by the law of the third country in question.

The Union will continue its liberal policy in financial services and negotiations, bilateral or multilateral, will be conducted so as to reflect this policy.

B. Transport

**180.** In the field of transport, where fairly considerable difficulties and delays were encountered, the Council finally completed the task of implementing the single market by adopting **all**
the measures in the White Paper. The last measure recommended in the White Paper was
the establishment of a definitive system under which non-resident carriers may operate domestic road-haulage services (cabotage); political agreement on this was reached in June 1993. At
the end of October 1993 the regulation was adopted by the Council (Regulation (EEC)
No 3118/93*).

The 1992 programme concentrated on the known priorities. Some problems of minor Importance were slightly neglected. These include taxi services, security transport, ambulances,
transport for own account and the hire of motor vehicles.

_a)_ _Airtransport_

**181.** In July 1992 the Council approved four Regulations _(J_ _[4]_ _)_ which together ensure that the
intemal market became operational in air transport on 1 January 1993. The key objective of the
Community's air transport policy is to create the conditions allowing air carriers to make
use of existing market opportunities and to widen the choice for air travellers without
being hampered by regulatory constraints. The Single Market environment allows air carriers to restructure their operations towards an enhanced efficiency and, thereby, to increase
competitiveness vis-à-vis non-Community air carriers.

To this end the so-called Third Aviation Package containing Community mles on criteria for
issuing operating licences for air carriers: access to intra-Community air services and on air
fares plays a key role in ensuring, on the one hand, a liberal operating environment and, on the
other hand, fulfilment of a number of specific air transport objectives.

The Commission's services co-operate closely with Member States on the implementation of
these mles. To this end the Advisory Committee on market access as established under Article
11 of the Council Regulation n° 2408/92* has an important role to play.

In future, the Commission initiatives in relation to economic mles for the air transport market
will concentrate on air services to and from the Community. In an intemal market context it is
basically unacceptable that air carriers established in a certain Member State cannot operate
out of another Member State to non-Community countries.

_b)_ _Road transport_

**182.** The essence of the Community policy in the field of road transport is, on the one hand,
the liberalization of border crossing operations and of cabotage and, on the other hand,
the harmonization of the technical, social and fiscal conditions of competition. In order to

(73) _"Treatment_ _accorded in Third_ _Countries_ _to Community credit institutions and insurance_ _companies'_ _-_ Document
XV/4005/92 of 22 June 1992

(74) Regulations (EEC) n° 2407/92*. 2408/92*. 2409/92*. 2410/92*

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

72 OPERATION OF THE INTERNAL MARKET

obtain a viable system it appeared necessary to also harmonise the conditions for access to the
profession of road haulage.

**183.** In so far as the liberalization and harmonization of access to the market is
concemed, the objectives are achieved. On 25 October 1993, the Council adopted Regulation
(EEC) N* 3118/93* liberalizing cabotage operations for road transport. Gradual progress will be
made towards the achievement of freedom to provide services in this area. As from 1 January
1994, the quota will cover 30 000 cabotage authorizations valid for a period of two months to
be allocated among the Member States, it will be increased annually by thirty per cent, starting
on 1 January 1995; the definitive cabotage liberalization will come into force on 1 July 1998. It
will be recalled that passenger transport (cabotage) was already liberalized in 1992 through
Regulation (EEC) No 2454/92*.

In this context, the importance should be emphasised of the two Council Regulations (75) on
access to the market by which the freedom to provide international transport services was
realised. The common mles on access to the market will only apply to international operations
in relation to third countries after the Community has concluded with third countries the appropriate agreements. To that extent the Commission submitted to the Council a proposal for
Community negotiations with a large number of third countries and more recently, for negotiations with Switzerland.

The Commission intends to elaborate proposals in relation to the improvement of the existing
common mles on the use of hired vehicles in road transport and of the conditions for access to
the profession.

The Commission intends to make in due course a proposal on the liberalization of international
passenger transport by taxis with a view to completing the freedom to provide services in the
road transport sector.

**184.** The Community continues to pursue the objective of achieving as thorough a harmonization as possible of the conditions of competition in the social and technical fields and
in the taxation of training costs - an important area as far as the proper functioning of the
intemal market is concerned.

As regards social provisions, the strict, uniform application of the mles on driving time and
drivers' rest will have to be reinforced.

As to road transport taxation and charges, the Council adopted Directive 93/89/EEC* on the
application by Member States of taxes on certain vehicles used for the carriage of goods by
road and tolls and charges for the use of certain infrastructures. This measure will be followed
by initiatives aimed at charging users fully for infrastructure and external costs.

_c)_ _Maritime_ _transport_

**185.** The Council maritime transport Regulation (EEC) N° 4055/86* of 22 December 1986
ensures the freedom to provide services between Member States and between Member
States and third countries and has removed, over a three stage period, the last of which
expired on 1 January 1993, existing restrictions for Community ship owners- either by unilateral measures or through bilateral cargo-sharing arrangements - and prohibits cargo-sharing in
future agreements with third countries, unless under specified special circumstances in the liner
sector.

A first report of 1 August 1990 from the Commission to the Council on the implementation of
four Regulations in the field of maritime transport (Regulations (EEC) No 4055/86*, 4056/86*.
4057/86* and 4058/86*) showed that unilateral national restrictions still existed in three Member
States and that most Member States had not yet adapted a number of bilateral agreements.

(75) Council Regulation (EEC) No 881/92* on international road haulage and Council Regulation (EEC) No 684/92* on
international passenger transport by road

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 73

**A second report on Regulation (EEC) No 4055/86* was presented to the Council on**
**25 November 1992. The Commission has initiated Article 169* proceedings against those**
**Member States which have not** **eliminated** **unilateral restrictions and will shortly initiate**
**proceedings against Member States which have not yet adapted bilateral agreements in**
**accordance with Regulation 4055/86*.**

**186.** **The Council Regulation (EEC) No 3577/92* was adopted on 7 December** **1992.** **The text**
**of the Regulation was the result of a delicate compromise between the Member States resulting**
**from the different situations of the cabotage trades in the Northem and the Southern Member**
**States.** **The following are the principal features of the Regulation,**

**The beneficiaries of the Regulation are Community ship owners having their** **vessels** **registered**
**in,** **and flying the flag of, a Member State, provided that they comply with all conditions for**
**carrying out cabotage in that Member States, including ships registrated in Euros once that**
**Register is approved by the Council. The condition that ships fulfil all conditions to cany out**
**cabotage in the Member State of registration shall not apply until 31 December 1996.**

**The Regulation has introduced the following mechanisms:**

**• specific manning conditions which for mainland cabotage and for cruise services will**
**be the responsibility of the Flag State except for vessels under 650 GT and which for**
**island cabotage shall be the responsibility of the Host State;**

**• the possibility for Member States to conclude public service contracts or impose**
**public service obligations as a condition for the provision of cabotage services to**
**shipping companies participating in regular services with the islands;**

**•** **a safeguard clause by which Member States may request the Commission to adopt**
**safeguard measures in the case of serious disturbance of the intemal transport**
**market due to cabotage liberalization (in the case of an emergency unilateral** **tempo-**
**rary safeguard measures may also be adopted by Member States), and finally**

**•** **a number of temporary derogations for specific cabotage trades in the five southern**
**Member States which will allow sufficient time for a gradual adaptation to the liberali-**
**zation.**

_**d)**_ _**Waterway transport**_

**187.** **Community policy in the waterways sector is directed towards increasing the efficiency**
**and attractiveness of the waterways to users. In the light of the increased traffic generated**
**by the Single Market there is likely to be growing pressure on all modes of transport and hence**
**it is vital that available capacity is used efficiently.** **In** **the waterways sector there exists a**
**chronic imbalance between supply and demand which the Community has attempted to rectify**
**by introducing a scrapping action (Council Regulation (EEC) No 1101/89*). This action has**
**been instrumental in affecting a major improvement but its results have been compromised by**
**the severe drop in traffic that the waterways have suffered due to economic recession in the**
**Community. The Commission has to maintain its efforts to modernise the industry and to this**
**end the continuation of measures to reduce over-capacity, by removing vessels and limiting**
**access to new vessels on a temporary basis, is being considered. Other actions that are under-**
**way include the widening of Community provisions conceming technical matters and the**
**crowing of ships plus the conclusion of a multilateral agreement with non-Member States to**
**facilitate the development of trade.**

_**e)**_ _**Rail transport**_

**188.** **The railways rather like the waterways are a mode of transport with considerable poten-**
**tial in certain sectors e.g. long distance passenger and freight movement. The railways are also**
**generally considered to be more environmentally friendly than road transport. For this reason**
**the Commission considers that further measures to encourage the development of railways**
**should be undertaken. These measures include action in the field of high speed passenger**
**trains,** **where much progress has already been made in the development of a comprehensive**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

74 OPERATION OF THE INTERNAL MARKET

Community plan (to be incorporated in the Trans-European Network programme) and in
combined transport. For the latter a programme for the development of Pilot Actions (PACT)
was launched in 1992 and is proving to be successful. Future action in relation to opening
access to the rail system will be set out in a memorandum to the Council in 1994 but prior to
that a number of proposals will be sent to the Council to support the implementation of Directive 91/440/EEC* by establishing conditions for the granting of licences to railways undertakings and laying down conditions for access to infrastructure.

_f)_ _Extemal relations_

**189.** As vital transport activities extend beyond the Community's extemal frontiers, the European Community is now called upon to adopt a common position vis-à-vis third countries
on external transport relations. Although some good initial results have been obtained in the
last two years, the external dimension of transport policy has yet to be finalised.

   - The Community has concluded transit agreements with Switzerland and Austria
aimed at regulating road transport through these countries and promoting concluded
transport alternatives. These agreements entered into force on 1 January 1993
(Austria) and 22 February 1993 (Switzerland):

   - The Community has also concluded exchanges of letters of transit in the context of
the Europe Agreements with Hungary, Rumania, Bulgaria, the Czech and Slovak
Republics. Exchanges of letters regarding infrastructure improvements in these
countries have also been concluded.

   - A Transport Agreement has been concluded with Slovenia (1 September 1993) which
establishes mutual freedom of transit and establishes certain priority routes of
common interest.

   - The Commission is at present in multilateral negotiations with a number of Central
and Eastern European countries regarding market access in inland waterways. It has
proposed market access negotiations with a number of Central and Eastern European
countries in the area of road transport and also, in road and air transport, with
Switzerland.

C. Telecommunications

190. In the field of telecommunications services, the Commission continued to implement the
objectives set out in 1987 in the 'Green Paper on the development of the common market for
telecommunications services and equipment' (76), which relate both to the development of
integrated services and the preparation of a common strategy for setting up Communitywide services networks.

**191.** Monitoring transposition and the application of the existing directives has proved a
complex and difficult task. A few years after its implementation, Directive 90/388/EEC* on
competition in the markets for telecommunications services is still being applied partially or
incompletely in certain Member States, particularly Greece and Italy. With regard to open
network provision (ONP), all the Member States have notified their national measures for
implementing the ONP framework Directive (90/387/EEC*). However, the process of transposing the ONP leased lines Directive has only just begun. Implementing measures were to have
been adopted by 5 June 1993; so far, six Member States have notified an instmment transposing the directive. As regards the frequencies Directives, the majority of Member States have
notified their national transposition measures, which are being examined at the Commission for
compliance.

(76) COM(87) 290 final or 30 June 1987

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 75

It must be pointed out that the delays currently being experienced conceming the transposition
and application of the Community instruments are often caused by too restrictive an interpretation of some concepts in the directives' liberalizing provisions- e.g. the definition of "voice
telephony service" in connection with Directive 90/388/EEC*. The precise extent of this notion
has been a source of ambiguity in several Member States when transposing the directive. To
improve this situation, Commission departments hold bilateral discussions with national
authorities. If the outcome is not positive, the Commission has had - or reserves the right - to
initiate an infringement procedure against the Member States concemed for improper application of the Directive in question.

In addition, the administrative structures in certain Member States are sometimes ill-suited to
Community requirements. The Commission gives assistance to those Member States which
request its help conceming the technical problems of transposition or application. In this
connection, seminars will be held to facilitate cooperation between national and Community
authorities.

**192.** Following the initiative launched by the Commission _(J_ _[7]_ _),_ a wide-ranging debate has
been started on the development of telecommunications in the Community between now
**and** the end of the century. The Ad Hoc High-Level Committee of National Regulatory
Authorities established for this purpose helped to draw up the Commission's communication to
the Council and European Pariiament on the review of the situation in the telecommunications
services sector (78). The Council, in its resolution of 22 July 1993, approved the Commission's
intentions concerning the timetable to be followed for the introduction of a future regulatory
framework for telecommunications services and called on the Commission to draw up, by
1 January 1996, the necessary amendments to the existing regulatory framework so that all
public telephony services can be liberalized by 1 January 1998 at the latest, except in Greece,
Spain, Ireland, Luxembourg and Portugal, which have, if necessary, a longer transitional
period. It is envisaged that new instruments will be adopted and certain existing directives
amended. Among current proposals for directives, attention should be drawn to two instruments
which will be adopted very shortly: the directive on open network provision and voice telephony
and the directive on the mutual recognition of national licences. One of the major amendments
which the Commission must put forward in preparation for launching the second phase of
liberalization concerns Directive 90/388/EEC.

D. The media and commercial communication

193. The objective being pursued with regard to the media and commercial communication is
to ensure that consumers and operators can benefit fully from the opportunities
afforded by the single market. The implementation of the fundamental principles of the single
market in these sectors is particularly important since, as well as making economic development possible, they facilitate dissemination and awareness of the Community's cultural variety.

**194.** Thus, the restrictions on the free reception or retransmission of television channels in the
Community were abolished by Council Directive 89/552/EEC*. which provides, for the areas
coordinated by it, the legal framework for the free movement of television services in the
Community.

The principal objective of the directive is to ensure the free movement of television broadcasts
in the Community. To this end it provides for the coordination of certain mles concerning
advertising, sponsorship, the protection of young people and the right of reply; it also encourages the distribution and production of European audiovisual programmes by providing that
television channels are to keep "a majority proportion" of their transmission time for broadcast

(77) Commission communication of 21 October 1992 entitled "1992 Review of the situation in the telecomunications
services sector (SEC(92) 1048)

(78) COM(93) 159 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

76 OPERATION OF THE INTERNAL MARKET

**ing European works and 10% of that time or their programming budget for works created by**
**independent producers (Articles** **4** **and 5).**

**Specific provision is made for the Commission to submit regularly a report to Parliament and**
**the Member States on the application of these measures for encouraging the television broad-**
**casting of** **European** **works and independent productions, on the basis of contributions commu-**
**nicated by the Member States themselves. The first of** **these** **was due In late** **1993.**

**The Commission has initiated infringement procedures against all the Member States under**
**Article 169 of the EC Treaty* on account of the various problems of transposing Directive**
**89/552/EEC*** **into national legislation (which** **should** **have happened by 3 October 1991) or, in**
**one case, for failure to notify national** **implementing** **measures. The procedures reflect (a) the**
**concern to encourage** **Member** **States to** **transpose** **faithfully and completely in all sectors**
**covered by the directiveso as to provide economic operators with a high level of legal certainty**
**and (b)** **the** **complexity of the audiovisual sector.**

**The main difficulties encountered as regards transposition are due to the increasingly complex**
**nature of television broadcasting in an increasingly** **international** **technological context. A**
**number of controversial situations which arose because the directive had been incompletely or**
**incorrectly transposed showed that there was a need in 1993 for a common Community legal**
**framework in this area.**

**195.** **The** **lack of legal certainty** **in** **the matter of copyright was removed with the adoption of**
**Directive** **93/83/EEC*** **on satellite broadcasting and cable retransmission. Potential** **restric-**
**tive effects concerning access to ownership of the media were identified in the Commission's**
**Green Paper on pluralism and media concentration in the single market** **(79)** **and could be the**
**subject of a Community measure. Following the consultation process which** **it** **has started, the**
**Commission will adopt a position on this matter in early** **1994.** **Lastly, the inconsistencies** **in** **the**
**mles at national level and the lack of transparency which may affect the commercial** **communi-**
**cation sector will be the subject of a green paper which should be completed by the middle of**
**1994.**

**The positive effects of these measures (e.g. viewers can increasingly watch channels from**
**other Member** **States)** **should also be felt to a greater extent by the other media as consumer**
**demand rises, operators evolve European strategies and the technology develops.**

**E.** **Protection of personal data**

**196.** **Intra-Community** **flows of personal data are increasing very significantly, by virtue**
**of the completion of the single market. These flows are the necessary corollary to the free**
**movement of goods, persons, capital and services. Similarly, recent examples show that**
**Community requirements, in particular as regards combating customs fraud** **(80),** **are likely to**
**give rise to numerous transfers of personal data.**

**197.** **Despite the progress observed in recent years in certain Member States which have**
**either adopted legislation on the subject or have acceded to the Council of Europe Convention**
**of 21 January 1981, there are still considerable discrepancies between national legisla-**
**tions.** **Different solutions have been adopted** **as** **regards, for instance, extending the scope of**
**protection to manual files, informing persons concemed, processing sensitive data, the transfer**
**of data to third countries, the procedures for notifying processing operations to the national**
**supervisory authorities or the powers of the latter.**

**These differences may give rise to obstacles to the free movement of personal data within the**
**Community. They** **could** **lead a Member State, in the public interest as recognized by the Court**

(79) COM(92) 480 final of 23 December 1992

(80) see the amended proposal for a Council regulation on mutual assistance **between administrative** **authorities** **of**
**1** September 1993 (COM(93) 350 final)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 77

of Justice, to object to the movement of the data on account of inadequate protection in the
Member State of origin or destination.

These distortions of competition may also appear between economic operators in the Community, some of whom are subject to the burdens imposed by protective legislation depending on
the Member State in which they are established. In this respect, it is particulariy important to
prevent the emergence of "data-processing havens", seeking to capitalize on the absence or
insufficiency of protection in a particular part of the Community.

**198.** Harmonization of national legislation, in order to create a high level of protection,
equivalent throughout the Community, will make it possible to eliminate, for the benefit both of
people whose data are processed and of economic and social operators, the potential hazards
contained in the current situation for the proper functioning of the single market.

Community action in this field was initiated in September 1990 when a set of Commission
proposals f* [81] ) was put forward, all of which were aimed at protecting people's privacy by
various means, in particular the harmonization of national legislation. Pariiament and the ESC
wanted certain amendments, most of which were introduced in the amended proposal submitted by the Commission on 15 October 1992. For its part, the Council is actively reviewing this
proposal with a view to the adoption of a common position during 1994.

**Section 4 - Free movement of capital**

**199.** After goods, services and individuals, the free movement of capital is the fourth of the
fundamental freedoms enshrined in the EC Treaty. It is a necessary condition for optimum allocation of resources in the Community and the creation of an integrated European financial
area.

In line with the White Paper programme, the Community adopted in 1988 Directive
88/361/EEC* on the free movement of capital, which provides for full liberalization of all
types of capital movement between Community residents. It provides the basis for creation
of the European financial area; it has been fully implemented in all Member States.

Under the directive, Member States had to do away with any remaining barriers to the free
movement of capital by 30 June 1990.

Some exceptions to that rule are possible, however:

   - the directive allows certain types of short-term capital movement to be restricted in
exceptional situations (Article 3). Member States have never availed themselves of
this possibility despite several periods of tension on European foreign-exchange
markets;

   - some restrictions are allowed for prudential or supervisory reasons. Rules on investments by entities, such as insurance companies or pension funds, exist and are
covered by Article 4 of the directive;

   - most of the temporary exemptions granted to certain Member States by Articles 5 or
6 of the directive have come to an end. Only Greece is still allowed to restrict certain
types of short-term capital movement until 30 June 1994 (Directive 92/122/EEC*).

**200.** Harmonization of taxation, and in particular the taxation of savings, as mentioned in
Article 6(5) of the directive has not yet made much headway. The Commission put forward in
1989 a proposal for a directive on withholding tax levied on interest payments, but this has yet

( [81] ) COM(90) 314 final; COM(92) 422 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**78** **OPERATION OF THE INTERNAL MARKET**

**to be adopted by the Council. The lack of harmonization in the company taxation field is like-**
**wise perpetuating certain distortions in capital movements between Member States.**

**Section 5 - Public procurement**

**§** **1** **- Introduction**

**201.** **Public procurement, i.e. the contracts awarded by public authorities and by entities oper-**
**ating in** **thé** **water, energy, transport and telecommunications sectors (i.e. utilities), constitutes a**
**powerful** **economic** **policy instrument: in 1990, these contracts were worth ECU 305 billion,**
**equivalent to around 8% of Community GDP, or 55% of** **total** **public purchasing, which stood at**
**ECU 595 billion (approximately 14% of Community GDP).**

**Public procurement in the single market will be genuinely opened up only if all firms**
**have a fair chance of winning these contracts. To achieve this** **goal,** **the Community has put**
**into place a legislative framework covering public** **works,** **supply and service contracts.**

**The aim was not to create an exhaustive set of mles, but to spell out, through a number of**
**procedural requirements, principles already enshrined in the Treaty. Monitored by the**
**Commission and interpreted by the Court of** **Justice,** **this legislation has already given rise to a**
**philosophy and a case-law that usefully supplement the initial instruments.**

**The** **adoption and implementation of the legislative framework created by the directives is not,**
**however, enough on its own effectively to open up public procurement in the single market.**
**The Commission has consequently taken and is maintaining a** **number** **of additional measures**
**to improve transparency.**

**§ 2 -Community law on public procurement**

**202.** **The sources of Community law on public procurement are the principles enshrined in the**
**EC Treaty and the directives implementing those principles.**

**A.** **Principles laid down in the EC Treaty**

**203.** **Several provisions of the Treaty are relevant to public procurement:**

**• the ban on discrimination on grounds of nationality (Article 7(1)*);**

**•** **|he** **ban on restrictions on the sale of** **goods** **(Article** **30*),** **a ban which also applies to**
**any measure having "equivalent effect", this being interpreted by the Court of Justice**
**as including any national measure capable of hindering, directly or indirectly, actually**
**or potentially, intra-Community trade (82);**

**(82)** **case** **45/87 Dundalk** **pipeline** **[1988]** **ECR 4929; Case** **C-21/88** **Du Pont de Nemours** **[1990J** **ECR** **1-889;** **Article** **177***
**of** **the** **EC Treaty**

**THE COMMUNITY INTERNAL MARKET** **-** **1993 REPORT**

OPERATION OF THE INTERNAL MARKET 79

freedom of establishment, i.e. the right of nationals of a Member State to establish
themselves in other Member States (Articles 52 et_seg.*);
for nationals of the Member States, freedom to provide services in other Member
States (Articles 59 et_seg.*). This principle was applied by the Court in its judgment in
a case conceming data-processing contracts (83).

B. Public procurement directives

**204.** To supplement the general obligations laid down in the Treaty, the Community has
developed a comprehensive set of directives designed to ensure transparency in competitive
tendering for all types of public contract. The aim of the directives is not to harmonize all the
national mles on public procurement, but merely to coordinate national contract award
procedures for contracts above a given threshold and ensure that minimum standards of
fairness are applied.

_a)_ _Traditional sectors_

**205.** In the case of works and supply contracts, the basic directives, adopted in 1971 and
1977 and repeatedly amended**, were recently consolidated into two instruments: Directive
93/36/EEC* for supply contracts and Directive 93/37/EEC* in the case of works contracts. For
public service contracts, a specific directive (92/50/EEC*) came into force on 1 July 1993.

With the exception of services, for which some specific mles apply, the different types of
contract are now subject to similar requirements in the three directives. The mles require the
publication of tender notices in the Official Journal, lay down the conditions in which contracting
authorities may opt for the three types of procedure allowed (open, restricted and negotiated
procedures), ban all forms of discrimination and spell out the criteria to be used for selecting
tenderers and awarding contracts.

_b)_ _Water,_ _energy,_ _transport and telecommunications_

**206.** For a variety of political and legal reasons, these sectors were excluded from the scope
of the traditional directives. Directive 90/531/EEC* brought them within the scope of the
Community mles, but introduced much more flexibility into the requirements regarding
transparency and competitive tendering:

    - a call for competition may be made here through publication of either a tender notice,
or a periodic indicative notice, or a notice of the existence of a qualification system;

   - contracting entities have a free choice between open, restricted and negotiated
procedures.

_c)_ _Remedies_

**207.** The directives on contract award procedures are supplemented by a further two directives goveming the remedies that must be available to firms that consider themselves harmed
by decisions of contracting entities.

(83) Case C-3/88 Commission v Italy [1989] ECR 4035 - 5.12.89

(84) Directive 71/305/EEC* concerning the coordination of procedures for the award of public works contacts, amended
by Directives 89/440/EEC* and 93/37/EEC*; Directive 77/62/EEC* coordinating procedures for the award of public
supply contracts, amended by Directives 80/767/EEC*, 88/295/EEC* and 93/36/EEC*

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

80 OPERATION OF THE INTERNAL MARKET

**C.** **Transposition of the public procurement directives**

_**a)**_ _**Means used**_

**208.** The third paragraph **of Article** **189*** **of the Treaty provides that "a directive shall be bind-**
**ing,** as **to** the result to be **achieved, upon each Member State to which it is addressed, but shall**
leave **to** the national authorities **the choice of form and methods".**

**Member** States thus theoretically **have a great deal of** **discretion,** **but their room for manoeuvre**
is limited by the case-law **of the Court of** **Justice,** **which requires them to create a clear legisla-**
**tive framework in the area in question so that all persons concerned can ascertain the full**
**scope of** their rights **and, where necessary, rely on them before national courts (85).**

**It** **has been known for national implementing measures not to reflect the spirit of the directives**
**and not to have the requisite binding force. This makes it necessary for the Commission to vet**
**thoroughly each national implementing measure, which the Member States have to communi-**
**cate on** adoption.

**The** main difficulties **which the Commission encounters in carrying out this essential monitoring**
**task are** failure to communicate **the national measures in question and the large number of**
(often partial and/or incomplete) **legislative and regulatory instruments adopted.**

_**b)**_ _**Failure to transpose directives: the principle of**_ _**"direct**_ _**effect"**_

**209.** **If** **they are to be applied, the directives have to be transposed by the national authorities.**
**It** can happen, however, **that the necessary measures are not adopted by the specified dead-**
**line.** **In** such cases, **the Court has ruled that the principle of** **"direct** **effect" may be applied; this**
principle was relied **upon inter alia in Beentjes (86) and Fratelli Costanzo (87). The Court here**
**established the general principle whereby a provision of a directive that is clear and**
**unconditional can have direct** **effect.**

**Where the** provisions **of a directive cannot have direct effect, the Court established in**
Francovich & Bonifaci (88) **the principle that Member States must grant individuals compensa-**
**tion for** loss or injury **they have sustained through an infringement of Community law due to the**
non-transposition or faulty transposition of a directive.

_**c)**_ _**Difficulties in transposition**_

**210.** **Transposing the public procurement directives is generally a difficult task. Since**
adoption of the first directives, **the** Commission **has had to initiate formal infringement proceed-**
**ings** against Member States **for failure to fulfil their obligations under the EC Treaty in over**
52 cases. These proceedings **are brought under Article 169* of the Treaty on account of either**
**late** or incorrect transposition. **Most proceedings are terminated before the matter is referred to**
**the** Court of Justice, **but 25 cases are so far** **still** **pending.**

**It** should also be borne **in mind that the Member States which were the last to join the**
Community occasionally **have longer periods in which to transpose the directives; that the**
deadlines for transposing **the most recent directives have not yet expired; and that the** directives on procurement by utilities and on remedies are complex instruments which are consequently more difficult to transpose **and will give rise to further infringement proceedings.**

(85) case C-339/87 (1990] ECR 1-851 ; Cases C-13/90, C-14/90 and C-64/90 [1991] ECR 1-4327

(86) case 31 /87 [1988] ECR 4635 (case brought under Article 177* of the EC Treaty)

(87) Case 103/88 [1989] ECR 1839

(88) Joined Cases C-6/93 and C-9/90 [1991 ] ECR I-5357 (cases brought under Article 177* of the EC Treaty)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 81

**§3-Case-law**

**211.** The judgments and mlings handed down by the Court of Justice of the
European Communities and by the national courts have clarified and thrown light on a number
of points that had caused interpretation problems.

**Case-law of the Court of** Justice

**212.** Among the many cases brought before the Court of Justice, those most relevant to
public procurement have clarified the points set out below.

    - In Beentjes the Court took the view that the term "the State" had to be interpreted in
functional terms and stated that any body "whose _composition_ _and_ _functions_ _are laid_
_down by_ _legislation_ _and_ _which depends_ _on the_ _authorities_ _for the_ _appointment_ _of its_
_members, the_ _observance_ _of the_ _obligations_ _arising out of its measures and the_
_financing_ _of the public_ _contracts which_ _it is its task to_ _award,_ _must be regarded as_
_falling within_ _the_ _notion_ _of the_ _State,_ _even though_ _it is_ _not_ _part of_ _the State_ _administra-_
_tion in_ _formal_ _terms"_ (89).

   - The Works and Supplies Directives allow contracting authorities to award contracts by
negotiated procedure in exceptional circumstances, and in particular in cases of
extreme urgency. The Court of Justice requires these derogations to be interpreted
strictly and has refused to allow the negotiated procedure where the Member State
concemed did not provide proof of extreme urgency (Case 199/85) and where the
situation could have been foreseen by the contracting authority (9°).

    - In the Transporoute case (91), the Court stressed that a firm could not be ruled out on
the ground that it did not have an establishment permit for the Member State in
question.

   - The directives allow contracting authorities to eliminate tenders that are obviously
abnormally low in relation to the subject-matter of the contract. Before awarding the
contract, however, the contracting authority must request the tenderer to provide
details of his tender and must allow him reasonable time to furnish additional explanations. The Court therefore took the view that automatic exclusion using mathematical formulae was unlawful (92).

    - The directives allow contracting authorities to define technical specifications by reference to suitable standards and lay down the order of preference to be followed. The
Court therefore decided that reference to national standards was not justified where
there was an international standard affording equivalent guarantees (93).

   - The directives provide for the contract to be awarded after the suitability of candidates has been checked against a list of criteria relating to their economic and financial standing and their technical knowledge and ability. The contracting authority must
state which of the criteria listed it is to apply and any references or evidence other
than those mentioned in the directive that it wishes to be furnished (94). Consequently, "me _authorities awarding contracts can check the suitability_ _of_ _the contractors_

**(89)** **Case** 31/87, paragraph 12

(90) **Case** 194/88 R La Spezia [1988] ECR 5647; Case C-24/91 Complutense University of Madrid [1992] ECR 1-1989

(91 ) Case 76/81 [1982] ECR 417 (case brought under Article 177* of the EC Treaty)

(92) Milan football stadium case

**(93)** **case** 45/87 Dundalk pipeline [1988] ECR 4929

**(94)** **Joined** Cases 27, 28 and 29/86 CEI and Others v Association Intercommunale pour les Autoroutes des Ardennes

**[1987]** ECR 3347 (cases brought under Article 177* of the EC Treaty)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

82 OPERATION OF THE INTERNAL MARKET

_only on_ _the basis of_ _criteria relating_ _to their_ _economic_ _and_ _financial standing_ _and_ _their_
_technical knowledge and_ _ability_ (95).
The Court of Justice has mled on several occasions that no preference may be given
to national or regional firms. This means that a concessionaire cannot be required to
entrust a proportion of the work to firms in a particular region _(p_ _[6]_ _),_ and participation in
a contract cannot be reserved for certain groups of firms (see the "lottery computerization" case (97)).
The Court held in a recent judgment that although the Works Directive _"makes_ _no_
_express mention_ _of_ _the principle_ _of_ _equal treatment_ _of_ _tenderers,_ _it is none the less_
_true that the_ _obligation_ _of_ _observing_ _that_ _principle_ _goes to the_ _essence_ _of that_ _direc-_
_tive"_ (98).
The Court can suspend not only an unlawful decision, but also contracts awarded
under such a decision. In the "lottery computerization" case, the Court ordered Italy to
take alt the necessary measures to suspend the legal effects of the decision taken by
the Minister for Finance, as well as performance of the contract concluded with
Lottomatica (the company chosen to run the system), because the award procedure
had gone aheaddespite the Commission's objection to the maintenance of a clause
reserving the contract for Italian public enterprises or their subsidiaries.

**B.** **National case-law**

**213.** There are wide disparities between the Member States as regards the possibility of
seeking review of decisions taken during contract award procedures and as regards the
outcome of such review. The specific provisions adopted by the Community are intended to
**ensure a** minimum **degree of** **uniformity** among review procedures in the different Member
States.

In view of the fact that the directives on review procedures have not yet been completely transposed, that they entered into force only recently and that is no systematic feedback to the
Commission on the thrust of decisions taken by national courts or review bodies, it is too early
at this stage to take stock of any national case-law.

**§ 4 -Commission practice**

**214.** Where they consider themselves harmed by a decision taken by a contracting entity,
finns wishing to enforce their rights are free to seek review from the competent national court
or body and/or lodge a complaint with **the** Commission, although the latter course of action
is not a precondition for instituting legal proceedings. Complaints can be dealt with in confidence, and no fee is charged.

Many proceedings are thus initiated by the Commission; most of them do not end up at the
Court of Justice because a satisfactory solution is found at a relatively early stage. These cases
have helped the Commission shape its thinking.

(95) Case 31 /87. paragraph 17

(96) Judgment of 3 June 1992 In Case C-360/89 Commission v Italy (not yet reported)

(97) Case C-272/91 R {1992J ECR 1 -457

(98) Judgment of 22 June 1993 in Case C-243/89 Storebaett (not yet reported)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 83

**A.** **Number and type of cases dealt with**

**215.** **Judging by the number and type of complaints lodged with the Commission, it is fair to**
**say that firms are increasingly aware of the problems they can encounter when bidding for**
**public contracts. They are showing much more interest than in the past in contracts put up for**
**tender in other Member States; they appear to be better informed of their rights and to have**
**grasped the fact that they can turn to the Commission to see that those** **rights** **are upheld.**

**Complaints conceming purely formal breaches of the** **mles** **are being overtaken by cases**
**conceming more basic infringements springing from differences of interpretation of the direc-**
**tives** **themselves.** **But much still remains to be done, particulariy in the water, energy, transport**
**and telecommunications sectors, to persuade injured parties that it is in their interest to**
**challenge discriminatory practices rather than to keep silent.**

**B.** **Main points**

**216.** **The main thrust of the Commission's thinking can be summed up by the points listed**
**below.**

**•** **In connection with several infringement cases conceming in particular the rebuilding**
**of slaughterhouses, the Commission was able to comment on the concept of a work**
**and the ban on splitting a contract up into lots in order to evade application of the**
**directives. After publication by the Member State concemed of a circular spelling out**
**what constitutes a** **work,** **and illustrating this with a number of examples, the Commis-**
**sion was able to declare the matter closed.**

**•** **In several infringement cases dealt with by the Commission, the contracting authority,**
**acting in pursuance of a national law, required firms to be on a trade register in its**
**own** **country.** **In** **the Commission's view, however, while registration on a list of**
**approved contractors may be required in a Member State, membership of an official**
**register of approved contractors in another Member State should be recognized and**
**taken into consideration.**

**• Tenderers are occasionally required to comply with additional requirements that are**
**not allowed** **bv** **the directives. This is the case, for example, where the contractor has**
**to use products of a particular** **origin,** **agree to economic compensations, indicate the**
**number of hours of labour to be used in the country of the contracting authority and**
**elsewhere, or state the nature and value of the products developed through domestic**
**R&D and the nature and value of products for which reference to a national standard**
**is important, or again where personnel working on site have to have a command of**
**the local language.**
**The Commission was able in all cases to have the disputed clauses deleted.**

**•** **Whenever clauses that discriminate against firms in a different Member State or a**
**different region have come to the Commission's attention, it has acted to have them**
**removed.** **Such clauses are often included in the tender specifications in one or other**
**of the following forms: indication of the proportion of the works** **earned** **out in the**
**region,** **reduction of the minimum guarantee for domestic firms, the obligation to**
**reserve a minimum proportion of the work for regional firms, the obligation to use**
**exclusively materials produced and supplied by plants located in the province where**
**the works are to be performed, the application of a mark-up coefficient to products**
**originating in other Member States, and the granting of preference to firms with** **real,**
**personal or economic links with the region where the works are to be performed. The**
**non-discrimination** **principle also makes it possible to tackle clauses that discriminate**
**between firms in the same Member State.**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

84 OPERATION OF THE INTERNAL MARKET

In all these cases, the Commission succeeded in having the offending clauses
deleted from the tender notice and a circular explaining the situation issued by the
government in question.
As far as technical specifications are concemed, the Commission has also, by initiating infringement proceedings, succeeded in ensuring that contracting authorities
define their requirements in an objective and non-discriminatory fashion. References
to national technical mles or to specific makes of product have been banned. In
exceptional cases, the Commission allows reference to be made to a specific make,
provided that such indication is followed by the words "or equivalent".
As regards the method of submission of tenders, the Commission has banned the
practice followed by some contracting authorities of requiring hand delivery only, on
the grounds that it discriminates against firms in other Member States and deters
them from bidding for contracts.
The directives exempt contracting authorities from the advertising mles and allow
them to apply the negotiated procedure inter alia where special security measures are
involved or protection of the Member State's essential security interests is at stake.
The Commission has adopted a strict interpretation of these exceptions and rejected
their use in one case where a Member State was purchasing patrol boats and harbour
surveillance equipment and in another case involving the purchase of furniture for a
permanent representative's office and a consulate.

On the means of proving a firm's economic and financial standing, the Commission
has taken the view that requiring banker's references issued by a credit institution
established in the country of the contracting authority is incompatible with the letter
and the spirit of the public procurement directives and with Article 59* of the
EC Treaty. This is because such a requirement hinders the operations of contractors
based in other Member States.

The Commission has likewise deemed incompatible with Community law the behaviour of certain contracting authorities, which reserve the right to refuse tenders where
the firm to which a contract could have been awarded was unable to offer a guarantee
or bond provided by a credit institution approved in the Member State where the
works were to be earned out.
The Commission's action put an end to these practices.

**§ 5 - Measures to promote transparency**

**217.** The Commission has not confined itself to legislative action or challenging infringements;
it has taken other measures to improve transparency, in particular to do with the training of
purchasing officers and businesses, standardization of the information published in tender
notices and improvement of the information available on public procurement.

A. Training

**218.** The idea of a wide-ranging programme of information seminars for all those concerned
by public procurement was conceived in 1988. A total of 308 seminars were held in 1992 and
1993 (154 for contracting authorities and 154 for businesses), attended in all by nearly 50 000
purchasers or businesspeople from all Member States, to whom the main provisions of
Community law on public procurement (articles of the Treaty and directives) were presented, in
particular through a vidéocassette covering the main aspects of Community policy.

**219.** The need to follow up information sessions with genuine training for the staff directly
concerned became very quickly apparent. Clearly, however, it is not for the Commission to turn

THE COMMUNITY INTERNAL MARKET                       - 1993 REPORT

17!

OPERATION OF THE INTERNAL MARKET 85

itself into a training agency; it therefore showed great interest in the development of such
activities at national level through structures set up on a cross-sectoral basis, such as the
association "Verso rEuropa", launched in Italy on 31 October 1992 with Community support.
The Commission will endeavour to assist any similar initiative in other Member States.

B. Standardization of information published in tender notices

220. To make information on public contracts easier to translate, transmit, read and understand, the Commission is promoting the use of standard forms for the notices that have to be
published under the directives. The first set of them was published in 1991 ("). The forms to
be used by the entities covered by Directive 90/531/EEC* were published at the end of
1992 (too); the remaining ones are due to appear shortly.

The ultimate objective is to amalgamate all the forms and accompany them with a computerized user's guide that can be operated in conversional mode.

**221.** The use of a single vocabulary for describing the subject-matter of notices published in
the Official Journal will reduce considerably the risk of mistranslation and will boost transparency, since it will mean that all potential tenderers will receive the same infonmation. The
Commission has therefore developed a Community Procurement Vocabulary (CPV). The
provisional version of this nomenclature, which incorporates the Classification of Products by
Activity (CPA), was very favourably received by the trade associations. The definitive version
of the CPV will be published in early 1994 in the 'S' Supplement to the Official Journal, as an
appendix to a Commission recommendation.

C. Improving the supply of information on public procurement

222. Better information is one of the key conditions for opening up public procurement in the
single market. This can be achieved by improving the systems for the transmission or
exchange of information and also the quality of the information itself.

**223.** The Commission has decided to carry out a study to identify the contracting authorities and entities that fall within the scope of the public procurement directives, with the twofold
aim of ensuring that they indeed fulfil their obligation to advertise in the Official Journal all
contracts exceeding the thresholds that they put out to tender and offering contractors, suppliers and service providers access to a list of all their potential customers. The study should
begin before the end of the year.

**224.** The time it takes for information to be transmitted to the Publications Office and for the
latter to publish it in printed form, in the Official Journal, considerably slows down dissemination among those concerned. The Commission and the Publications Office are therefore
looking into the possibility of introducing electronic data interchange (EDI) between
computers belonging to independent firms.

The feasibility study begun in 1992 has shown that a number of conditions must be fulfilled
before EDI can be introduced in public procurement ( [101] ). These conditions appear at present
to be met in certain countries, where pilot studies will be launched. Their findings will enable
the final decision to be taken in full knowledge of the facts.

(99) Appendix to Commission recommendation 91/561 /EEC of 24 October 1991 on the standardization of notices of
public contracts (OJ S 217,16.11.91)

(100) OJ S 252, 30.12.92

(101) The advisory committees were informed of the study by documents CCO/92/76 and CC/92/75 and of its findings by
documents CCO/93/21 and CCO/93/24

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

86 OPERATION OF THE INTERNAL MARKET

**D.** **The** **SIMAP** **project**

**225.** **Tender notices published in the Official Journal are only the tip of the iceberg as regards**
**the infonmation needed by the different parties involved in contract award** **and** **performance. A**
**study** **earned** **out at the Commission's request has shown that the quality and reliability of**
**existing information could be enhanced through a structure feeding validated data into the**
**system.** **The study also revealed that it could be advantageous to broaden the range of data**
**available on public contracts by creating a genuine infonmation system.**

**The information system for public procurement** **(SIMAP)** **should meet this twin objective. It**
**would comprise a number of data entry points which would collect the mandatory information**
**from contracting entities and forward it to the Publications Office for publication. The data entry**
**points would be organized on geographical and/or sectoral lines and would ensure that the**
**mandatory infonmation was** **circulated** **in an organized and standardized fashion. Thanks to**
**their contacts with the contracting entities, they would also help to reduce the number of**
**contracts above the thresholds which go unadvertised. Along with the data entry points, service**
**providers would process the additional and associated information and would act as interfaces**
**with businesses.**

**The SIMAP project could shortly enter into a test phase in which pilot projects would be carried**
**out with a few information providers in different countries that already have the necessary**
**technological infrastructure (hardware, software and organizational set-up). The decision to**
**launch these pilot studies was to be taken before the end of 1993.**

**E.** **Other back-up measures**

_**a)**_ _**European standards**_

**226.** **Whenever it becomes apparent that a European standard would be desirable in a**
**particular area, the Commission asks the relevant bodies to begin preparatory work. Many**
**mandates were thus sent recently to the European Committee for Standardization (CEN),**
**requesting it for example to draw up specifications for attestation systems to certify compliance**
**with public contract award procedures, harmonized qualification criteria for the construction**
**industry and various technical requirements in the rail transport sector and for other utilities.**

**It is essential that contracting entities use commonly accepted standards in defining their**
**technical requirements if they are not to apply discriminatory specifications, which would**
**undermine the opening-up of public procurement.**

_**b)**_ _**Assessment of economic impacts**_

**227.** **The Commission is endeavouring to gauge the impact of its decisions on the behaviour**
**of purchasers and vendors and on the structure of the economic sectors concerned. This effort**
**will** **be stepped up and the findings disseminated through the creation, within the Advisory**
**Committee for Public Procurement, of a monitoring network linking the Member States and**
**the Commission. The Commission is keen to involve the Member States extensively in this**
**work and to play an active role in the monitoring network, which was set up at the end of**
**December 1993.**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**OPERATION OF THE INTERNAL MARKET** **87**

**§ 6 -Small and medium-sized enterprises**

**228.** **Because of their lower level of resources, whether financial, material or human, the**
**amount of preparation required and the importance of obtaining reliable partners located in the**
**markets targeted, constitute particularly serious problems for SMEs. Measures have already**
**been put in hand to further improve the already high level of specialized assistance**
**available for European Information Centres and to assist with the search** **for** **suitable**
**partners utilizing the BC Network. Training and knowledge on the mles of public** **procure-**
**ment in some national administrations must be improved. In regard to the degree of prepara-**
**tion required of managers even before attempts are made to submit bids, action needs to be**
**taken by them in a number of fields and in a coordinated fashion. Therefore, a convenient and**
**practical management guide will be prepared in all community languages.**

**§ 7 - External aspects**

**229.** **In parallel with the conclusion of the Uruguay Round, negotiators agreed on**
**15 December** **1993** **a new Agreement on Government Procurement which will open up to inter-**
**nal competition government purchases worth several hundred billion of ECU each year.**

**The new agreement, which will enter into force on 1 January 1996, supersedes the current**
**Code which has been in force since 1981. Under the present Agreement, the Member States of**
**the European Union and other Parties (United States, Japan, Canada, EFTA...) opened up**
**procurement of supply contracts by central Government agencies. The new agreement will also**
**cover services, including public works, procurement at the** **sub-central** **level (e.g. regional and**
**municipal level) and procurement by certain public utility sectors (water, energy, transport). The**
**new Agreements expands by some ten-fold the current coverage.**

**The new Agreement will reinforce mles guaranteeing fair and** **non-discriminatory** **condition of**
**internal competition. Challenge procedures will also be available. The mles and procedures of**
**the new Agreement are in line** **with** **EU Directives on public procurement. The intemal market in**
**public procurement and the opening of some of the biggest procurement markets in the world**
**marks enormous progress in making the market work and in stimulating competition.**

**230.** **All non-regulated sectors are open for public procurement from third countries as**
**they are for Member States on a** **reciprocal** **basis.**

**In the regulated sectors of water, energy, transport and telecommunications the Community is**
**committed to general and reciprocal opening of public procurement. Under the new GATT**
**Code, the EU has achieved major opening up of certain of these sectors in third countries.**

**However where there is no effective and comparable access for enterprises to third countries**
**markets, article 29 of Directive** **90/531/EEC*** **for the moment provides that any tender for the**
**award of a supply contract may be refused if the proportion of products originating in third**
**countries with which the Community has not concluded** **a** **multilateral or bilateral agreement as**
**defined in Council Regulation (CEE) No 802/68* of 27 June 1968 on the common definition of**
**the concept of originating products exceeds 50 % of the total value of the products making up**
**the tender. Where there are equivalent tenders from the Community and third countries,**
**preference is to be given, within certain limits (a price difference not exceeding 3%) to the**
**Community tender.**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

88 OPERATION OF THE INTERNAL MARKET

**Section 6 - Energy**

**231.** At the same time as it has been implementing the Treaty mles, and in particular **the** mles
on **the** free movement of goods and on competition, in the energy sector, the Community has
been pressing ahead with legislative work in the fields of gas and electricity.

With the directives on electricity and gas transit and price transparency a first step towards the
completion of the internal market for gas and electricity has been achieved. **Progress is being**
**made in the realm of energy standardization.** In 1992 the Commission made further
proposals with a view to creating the intemal energy market (102). Following the amendments of
**the** European Parliament, the Commission has modified its proposals in December 1993.
Below a summary of the progress to date and on the present proposals is given. Fore more
details see the second progress report on the intemal energy market (103).

**§** **1** **-Progress to date**

**A.** **Electricity transit**

**232.** Directive 90/547/EEC* on **transit** of **electricity through transmission grids** was
adopted on 29 October 1990 and entered into force on 1 July 1991. Under the directive, electricity transmission utilities are required to notify the Commission and the national authorities
concemed of any request for transit in connection with contracts for the sale of electricity of a
minimum of one year's duration, to open negotiations on the conditions of electricity transit and
to inform the Commission and the national authorities concemed of the conclusion of a transit
contract, as well as of the reasons for the failure of the negotiations to result in the conclusion
of a contract in the 12 months following communication of the request.

To date, a first transit contract has been notified to the Commission and a committee of experts
has been set up with the task to advise the Commission on determining the mles for operation
of transit and where necessary to conciliate the entities negotiating transit.

The directive has been implemented by eleven Member States.

B. **Gas** transit

**233.** The same mles apply for the gas transmission utilities in the Community as regards the
**transit of natural gas** (Directive 91/296/EEC*).

To date, there has been no request for transit nor has the conclusion of a transit contract been
notified as yet. A committee of experts to conciliate the conditions of transit if requested by the
entities concerned is being set up.

The Commission is preparing a relevant decision in order to update the list of eligible entities
annexed to the directive and qualifying for transit (both offshore and onshore). This update
should also contribute to the transposition of the directive into the national law of the five
Member States which have not yet implemented the directive.

(102) C0M(91 ) 548 final of 21 February 1992

(103) C0M(93) 261 final of 2 July 1993

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 89

**C.** **Price transparency**

**234. Council Directive 90/377/EEC* came into effect on 1 July 1991. The directive has been**
**transposed by eleven Member States. The directiveset up a Community procedure ensur-**
**ing price transparency to final industrial consumers of gas and electricity. While**
**safeguarding the confidentiality of contracts, EUROSTAT is publishing regularly, twice a year,**
**the relevant data which are communicated to the Statistical Office of the European Communi-**
**ties.** **There is a particular problem with several Member States being unable to provide**
**adequately breakdowns of consumers by category and volume as required under the directive.**
**But the Commission is working with these Member States to resolve this issue. The relative**
**economic efficiency of utilities cannot be measured simply by comparing prices, as so many**
**factors can influence actual prices** **-** **such as taxes, levies, subsidies and even** **cross-subsidies**
**among different consumers. However, an examination of the published data shows that**
**consumers face a wide range of different prices, with some locations up to 3 or 4 times in ECU**
**the price in other Community locations. Certain locations and indeed Member States are cleariy**
**generally cheaper for gas or electricity. On the other hand, some Community locations and**
**indeed Member States are generally more expensive, for both gas and electricity. These**
**comments are included in a draft Report from the Commission to the Council.**

**D.** **Standardization**

**235.** **In** **June** **1992** **the Commission adopted a Communication** **(** **[104]** **)** **which reports progress**
**on energy standardization to the Council and suggests further action. Progress has been**
**reported in the various fields: oil quality, oil and gas exploration and production equipment,**
**electricity quality, electricity transport and distribution equipment, gas quality, gas transport and**
**distribution equipment, solid fuel quality, energy efficiency, renewable forms of energy, nuclear**
**power generation and nuclear safety, protection of the environment. This communication**
**presents to the Council the Commission's strategy fo future work with a view to completing the**
**intemal market.**

**§ 2 -** **Pending** **Proposals**

**A.** **Electricity and gas**

**236.** **The adoption of the legislation on transit and price transparency was only a beginning.**
**For the integration of the gas and electricity markets to proceed additional proposals were**
**necessary concerning the fundamental relationship between supplier, transporter, distributor**
**and consumer of grid-bound energies.**

**The Commission made its proposals in February 1992 (105). These proposals were modified in**
**December 1993, following the amendments of the European Parliament, made after the first**
**reading of** **17** **November** **1993.**

**The main changes were as follows:**

**• the introduction of negotiated instead of a regulated third party access to the network;**

(104) SEC(92) 724 final

(105) COM(91) 548 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

90 OPERATION OF THE INTERNAL MARKET

   - the introduction of tender procedures for new electricity production and transport
capacities as alternatives to the transparent and non-discriminatory licensing system
proposed by the Commission;

   - the strenghtening of the references to public service obligations;

   - the establishment of a work harmonization programme for the good functioning of the
intemal market in gas and electricity.

At the Energy Council of 22 December 1993 amended proposals were referred to Coreper.

B. **Exploration** of oil **and** gas

**237.** On 22 December 1993 the Council reached a common position on the proposal for a
directive **on** the conditions **for** granting and using **authorizations for the prospecting,**
**exploration** and extraction **of hydrocarbons** ( [106] ). The proposal seeks to ensure nondiscriminatory access to, and exercise of, the activities concemed under conditions which
encourage greater competition in this sector.

The agreement is based on the principle that Member States have sovereignty and sovereign
rights over oil and gas resources situated in their temtory. For reasons of national security,
Member States may deny access to and prevent the exercise of the activities of prospecting,
exploration and exploitation of hydrocarbons in their temtory by an entity which is effectively
controlled by a third country or by third country nationals.

Member States will have to ensure that there is no discrimination between entities as regards
access to and exercise of the activities concerned. In this connection, the proposal contains
common mles intended to ensure that the procedures for granting authorizations are open to all
entities possessing the necessary (technical and financial) capabilities.

The conditions under which authorizations are granted must be announced in advance to all
entities taking part in the procedures. A number of provisions are included to ensure that state
involvement in the relevant activities is based on transparent, objective and non-discriminatory
criteria. Under certain conditions, existing laws, regulations and administrative provisions
reserving the right to obtain authorizations to a single entity will have to be abolished before
1 January 1997. .

The directive is to enter into force on 1 July 1995. Derogations are provided for in the case of
certain new authorizations granted by Denmark before 31 December 2012.

**Section 7 - Intellectual and industrial property**

**§** **1** -Industrial property

238. Significant progress has been achieved in this area thanks to the adoption of the
directive harmonizing certain aspects of national legislation concerning trade mark law, the
introduction of a supplementary protection certificate for medicinal products, and the Community protection of geographical names and designations of origin. Harmonization work is also
continuing with the proposals on industrial designs and models and the proposal for a directive
on the legal protection of biotechnological inventions. On the latter, political agreement paving

(106) COM(92)110 final

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**OPERATION OF THE INTERNAL MARKET** **91**

the way for adoption of a common position was reached in the Council meeting on
17 December 1993.

**239.** On 20 December the Council adopted Regulation (EC) No 40/94*. introducing the
Community trade mark. This constitutes a single instmment of protection, valid throughout the
Community, obtainable by making a single application and giving the same rights everywhere.
It will coexist with national trade maries, and economic operators will have the choice between it
and them, depending on their needs and interests. Implementing measures are necessary if the
Community trade mark is to have its full effect, and the Commission hopes they will be adopted
during 1994.

The Commission considers that the Agreement relating to Community patents (107) should
come Into force as soon as possible. The Member States which have still to ratify it should
therefore make every effort to do so, so that it can be in effect before 1994 is out.

The Commission also hopes for fruitful and speedy discussion by the other Community institutions of its proposals for the legal protection of industrial designs and models. Their adoption
will provide a higher level of protection, through both national registration and a single one
valid throughout the Community. As with the trade mark, economic operators will have the
choice between being protected by a national design or model, or a Community one.

**§2 -Copyright and neighbouring rights**

**240.** Copyright and neighbouring rights account for an annual turnover of the order of
ECU 150-250 billion, or 3-5% of the Community's gross domestic product.

Following publication in 1988 of a "Green Paper on copyright and the challenge of technology" (108) and several months of consultations with interested parties, the Commission has
prepared a working programme which identifies the measures which need to be taken if the
intemal market is to be completed in this sector ( [109] ). The programme seeks to strengthen the
protection of copyright and neighbouring rights in order to protect and promote creativity in Europe, a creativity that is being increasingly challenged by the development of new
technologies which represent both an opportunity and a challenge for intellectual creation owing
to the possibilities for the dissemination and reproduction of works which they permit.

**241.** Harmonization measures are proposed on the basis of a high level of protection in
order to ensure that the territorial aspects of intellectual property rights do not hinder the free
movement of goods and services and do not give rise to distortions of competition in the internal market.

The harmonization measures already adopted concem the legal protection of computer
programmes, rental and lending rights, the main neighbouring rights, broadcasting by cable and
satellite, and harmonization of the term of protection for copyright and certain neighbouring
rights. The measures still pending concern the legal protection of databases. A number of
questions are being considered with a view to determining whether any further measures are
necessary.

As in the past, the adoption of any new measures will continue to serve a dual purpose, namely
harmonization of the internal market and a strengthening of the level of protection.

**(107)** **Agreement** **relating to Community patents, concluded in Luxembourg on** **15** **December 1989 - Agreement**
**89/695/EEC** **(OJ No L** **401,** **30.12.89)**

**(108)** **C0M(88)** **172** **final** **of** **10** **December** **1988**

**(109)** **Follow-up to the Green Paper - working programme of the Commission** **In** **the field of copyright and neighbouring**
**rights". Document** **COM(90)** **584 final of** **17** **January 1991**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

92 OPERATION OF THE INTERNAL MARKET

**§ 3 -Other measures**

**242.** Other intellectual property rights which fall neither within the province of industrial property nor within that of copyright have formed the subject-matter of harmonization measures.
This is the case, for example, with the protection of semiconductor topographies, which has
been harmonized since 1987.

In order to improve the existing mechanism (11°) and to take account of the provisions conceming action at frontiers of the GATT under TRIPS (trade-related aspects of intellectual property
rights), the Commission has presented a proposal for a Council Regulation laying down measures to prohibit the release for free circulation, export or transit of counterfeit and pirated
goods (Hi).

**Section 8 - Company law**

**243.** The EEC Treaty provides for the **right of establishment of Community companies,**
i.e. companies incorporated under the law of a Member State and having their registered office,
central administration or principal place of business within the Community. Right of establishment means that companies are mutually recognized in all Member States and can thus do
business throughout the Community, not only directly, but also by setting up subsidiaries or
branches. Companies from one Member State which establish themselves in another Member
State cannot be subjected to different formalities from those prescribed for national companies.

**244.** The Treaty also requires that national laws be harmonized and specifies what instruments are to be used for that purpose. Harmonization is intended firstly to make it easier to
exercise the right of establishment, and secondly to limit the risks which that right may carry
where Member States' laws are widely divergent as regards the protection of shareholders,
creditors and third parties in general. As economic integration has progressed, however, it has
proved necessary to do more than just harmonize laws: uniform instruments of cooperation and
integration between European enterprises have had to be created in Order that those enterprises might benefit more from the formation of a single market and thus be able to face up to
global competition.

Harmonization work began when the Community was founded, and a real core of Community
company law has evolved. Companies can operate in the Community in a more uniform legal
environment, which makes it easier for them to avail themselves of the right of establishment.
Shareholders participating in a company either as investors or as managers enjoy equivalent
protection. The same holds true for a company's creditors. The harmonization, coupled with the
toughening, of disclosure requirements has done much to bring about more transparent
conduct of companies' affairs. At present the harmonized law applies only to companies with
share capital and covers certain fields such as the registration of companies, company capital,
internal mergers and demergers, "one-man" companies, the drawing-up, auditing and disclosure of annual and consolidated accounts, and the approval and qualifications of auditors. In
addition, a Regulation has been adopted on the setting-up of European economic interest
groupings.

The harmonization of company law is, however, not complete and must continue where the
need for it exists under Article 54 of the Treaty.* The Council still has to adopt a position on

(11°) Council Regulation (EEC) No 384/86 - See also the Commission report to the Council and Parliament on **the**
functioning of the system set up by Council Regulation (EEC) No 3842/86, SEC(91) 262 final of 15 February 1991

(111) COM(93) 329 final of 13 July 1993 (OJ C 238 of 2.9.93)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 93

**Commission proposals concerning the structure of public limited companies (fifth Directive),**
**cross-border mergers of public limited companies (tenth Directive), and takeover bids**
**(thirteenth Directive). The Commission is considering the possibility of revising the latter**
**proposal following the undertakings given at the Edinburgh summit. In the accountancy field**
**the Commission has now sent to the Council a proposal for a directive on raising the thresholds**
**below** **which** **derogations may be granted in respect of the drawing-up and auditing of the**
**accounts of small and medium-sized enterprises.**

**245.** **The Copenhagen European Council called on the Council to adopt rapidly the last**
**remaining internal market proposals. These include the European Company (SE). At present,**
**companies from different Member States still cannot merge without resorting to complex and**
**costly arrangements. The tax regime applicable to such mergers was for its part the subject-**
**matter of a directive in July** **1990.** **The creation of the SE would afford companies which so**
**wish the opportunity of restructuring more easily by way of cross-border mergers. It would also**
**enable companies which so wish to transfer their headquarters within the Community without**
**having to be wound up and re-formed. The free movement of companies would be a logical**
**corollary of the free movement of persons, services, capital and goods.**

**246.** **The adoption of the statutes for the European cooperative society, European mutual**
**society and European association, and the corresponding provisions on the** **role** **of their**
**employees will enable such entities to merge and to set up holding companies and subsidiaries.**
**Harmonized statistics are being prepared in order to improve the economic assessment of the**
**cooperative, mutual and non-profit sector. A European mechanism for financing the sector has**
**been created:** **Soficatra** **(Société financière d'initiative industrielle par les cadres et**
**travailleurs), a sort of European investment company which provides equity capital and quasi-**
**equity capital.**

**Section 9 - Taxation**

**§** **1** **-VAT. Operation of the transitional regime. Cooperation between**
**administrations**

**247.** **Despite the fact that the relevant Community legislation was adopted by the Council in**
**the period from December** **1991** **to December** **1992 (H2)** **VAT formalities at frontiers within the**
**Community disappeared on 1 January 1993. The effective implementation of the principles of**
**the new VAT regime by 1 January 1993 required a significant effort on the part of both the**
**Member States and business. The fact that all Member States were operating the new regime**
**on 1 January** **1993** **thus represented a very real achievement.**

**248.** **The crossing of a border between Member States no longer gives rise to a VAT**
**charge. As a result the structures for declaration, payment and examination of goods at those**
**borders have become redundant. Travellers may now buy goods in any Member State on a**
**VAT paid basis and return with them to their own country without further VAT charges or**
**formalities (with the exception of the purchase of new means of transport). Business may move**
**goods freely throughout the Community without formalities or VAT payment on the crossing of**
**intra-Community borders. Nevertheless businesses must account for VAT on purchases made**
**in other Member States as the Council could not agree to the application of an origin-based tax**
**system without a transitional period during which tax continues to be accounted for in the coun-**

(112) Council Directives 92/680/CEE*. 92/77/CEE* and 92/111/CEE*. Council Regulation (CEE) No 218/92*

THE COMMUNITY INTERNAL MARKET -1993 REPORT

94 OPERATION OF THE INTERNAL MARKET

**try of destination of** **goods.** **Thus businesses must ensure that** **where** **they sell goods to business**
**customers in other Member States their customers possess VAT registration numbers and that**
**the goods are transported to those customers outside the Member State from which they are**
**sold.** **There are reporting obligations, but these take the form of periodic returns and not**
**declaration by means of consignment declarations as was the case previously. This has**
**considerably eased the** **burden on business operators. The replies to the** **EIC**
**questionnaire** **(H3)** **confirm that the new tax regime has been well received and has not posed**
**any major problem.**

**249.** **The successful operation of the new VAT regime depends on an increased degree of**
**co-operation between the tax authorities of the Member States. Despite an extremely tight**
**timetable the Member States and the Commission were able to set up a working management**
**structure (based on the existence of central** **liaison** **offices in each Member State and a stand-**
**ing committee which meets regulariy** **in** **Brussels) and a computer network for information**
**exchange (VIES).**

**250.** **The new VAT regime is transitional in nature and** **will,** **in principle, be replaced by an**
**even simpler system in** **1997** **as a consequence of commitments entered into by the**
**Commission and the Council. In this context the work of the Commission from now until the**

**end of** **1994** **will need to concentrate on two areas.**

**•** **Firstly, initial experience with the working of the transitional VAT regime has revealed**
**a certain number of issues where legislative action may be advisable to further**
**simplify the workings of the regime. It must however be realised that some of the**
**difficulties currently faced by businesses and administrations stem from the nature of**
**the transitional system itself. As a result it can be expected that these difficulties will**
**not be solved until that regime is replaced by a definitive regime.**

**•** **Secondly, the Commission is committed to bringing forward proposals for a definitive**
**VAT regime by December 1994. These proposals will take into account the experi-**
**ence of the working of the transitional VAT regime but will be based on the principle**
**of aligning domestic and intra-Community transactions for VAT so as to create an**
**origin-based** **VAT** **system that offers the maximum benefits in terms of simplification**
**and reduced administrative charges. This will also require further development of**
**administrative co-operation between tax administrations to take into account of the**
**increasing interdependence of national tax authorities. In the latter context it will be**
**important to ensure the smooth operation of the Mattheus programme as well as**
**training seminars, both designed to provide officials with a better understanding of the**
**practices and working methods of different tax administrations in the Community.**
**Finally the Commission will continue to monitor and examine in detail national**
**implementing measures to ensure that Community law is being** **properly** **applied.**

**§2-Excise** **duties**

**251.** **As was the case for VAT the Community legislation on the general excise regime for**
**storage and movement of goods liable to excise duty within the internal market, together with**
**the relevant legislation on excise duty structures and rates on mineral oils, tobacco products**
**and alcoholic beverages was adopted in** **1992 (H4)** **only after** **long** **and difficult negotiations.**

**The new regime, which does not include a transitional phase like that which applies for VAT,**
**has done away with formalities and duty charges linked to the crossing of intra-**
**Community borders. Travellers are free to purchase as they wish on a duty-paid basis**
**although Member States may apply indicative limits aimed at identifying commercial as distinct**

( [113] ) EIC document - Single Market Questionnaire - Results - p. 7

(11 [4] ) Council Directives 92/12/CEE*. 92/78/CEE* and 92/108/CEE'; Council Decision 92/510/CEE*; Commission
Regulations (EEC) No 2719/92* and 3649/92*

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**OPERATION OF THE INTERNAL MARKET** **95**

**from private transactions and Denmark can apply specific limits to spirits and tobacco products**
**during a transitional period. For commercial traffic the principle of payment in the country of**
**destination is maintained. However a Community wide suspension regime based on authorised**
**warehouses ensures that administrative obligations are minimised.**

**Initial experience with the new excise regime has been positive although a certain number of**
**problems have come to light. Further monitoring of the system is essential and it is envisaged**
**that some legislative amendments may be required to simplify the working of the regime. The**
**Commission is also committed to reviewing a number of specific issues including notably the**
**Community minimum rate levels. Essential work will be to ensure that the new Community**
**legislation is being correctly and consistently applied as well as identifying areas where improv-**
**ements to the system justify legislative action.**

**§ 3 - Direct taxation**

**252:** **Because there is only limited harmonization in the area of direct taxation, the tax**
**regimes in force in the Member States continue to influence substantially the opportunities for**
**benefiting from the internal market.**

**At present, national tax arrangements very often place a worker or a** **self-employed** **person**
**carrying on his activities in a Member State other than that in which he is resident at a disad-**
**vantage. The principle of the free movement of persons may be affected, and cases will**
**accordingly have to be settled by the European Court of Justice.**

**On** **21** **December 1993 the Commission adopted a recommendation, not yet published, inviting**
**Member States to give non-resident workers the same tax treatment as residents, if their**
**income in the State in which they work makes up at least 75% of their total taxable income.**
**The** **aim here is to prevent any situation where their other income is insufficient for them to**
**benefit fully from the tax allowances granted in their country of residence.**

**253.** **As far as** **businesses** **are concemed, efforts continue to do away with the double taxa-**
**tion of** **cross-border** **activities. For want of the adoption of the proposals for directives**
**abolishing withholding taxes on interest and royalty payments between companies from differ-**
**ent Member States and of the directive on the taking into account by companies of losses**
**incurred by their permanent establishments or subsidiaries in other Member States, which were**
**presented** **by the Commission to the Council at the end of 1990, companies, and in particular**
**SMËs,** **are unable as yet to benefit fully from the intemal market. They are often taxed more**
**heavily and have to bear higher administrative costs than in the case of a purely national activ-**
**ity. The Commission has presented proposals so as to at least extend the benefits of the**
**directives of 23 July** **1990** **to all companies.**

**254. Taxation is, of course, only one factor among many determining the competitiveness of**
**businesses.** **It** **is particulariy important, however, in the case of certain service sectors, notably**
**financial services.**

**The attractiveness of a life assurance product is in most Member States determined by the tax**
**regime applicable to it: the deductibility of premiums may be crucial. Such deductibility may**
**depend,** **however, on the domicile of the insurance company and non-residents may be auto-**
**matically placed at a disadvantage. Freedom to provide services and the European passport**
**are therefore being jeopardized. The Commission will favour pragmatic solutions based on**
**closer cooperation between government departments and insurance companies in the various**
**Member States.**

**The tax authorities will have to be supplied with the necessary information for the application of**
**the same fiscal treatment to insurance contracts taken out by their residents, irrespective of the**
**place of establishment of the Community insurance company. At the same time, the**
**implementation of a system for the recovery of fiscal debts throughout the Community will be**
**examined.**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

96 OPERATION OF THE INTERNAL MARKET

**Section 10 - Payment systems**

**255.** Following its March 1992 working document on _"Easier cross-border_ _payments:_ _breaking_
_down the_ _barriers"_ (US), the Commission started, in consultation with its two advisory groups, to
implement and encourage the actions necessary **to improve the transparency, cost, speed**
**and** reliability **of** cross-border **payments.**

As for remote cross-border payments, the Commission announced on 29 July 1993 (116) the
results of an independent study into the transparency and performance of cross-border transfers. The results of this study, whose aim was to assess the implementation of self-regulatory
guidelines by the banking industry, were judged disappointing and not sufficient for the smooth
functioning of the internal market. Appropriate consultation with interested parties represented
in the two advisory groups (central banks, banks, consumers, retailers and SMEs) was held in
the course of September and October 1993. The Commission welcomed initiatives taken by
some banks to improve cross-border payment facilities, including those of some European
Automated Clearing Houses planning to link up their systems. However, it reasserted the need
for further tecnical improvements of cross-border payment systems.

On 14 December the Commission announced 017) its intention to allow a further period of
grace for the achievement of improved transparency and performance of remote cross-border
payments. It said that a second study, to measure the results achieved, would be carried out
early in 1994 and that it would take its final decision in July 1994.

256. In the course of September 1993, the Commission also received the results of other
studies concerning more technical **aspects** of **payment systems.**

For instance, the results of a study of the official requirements in the twelve Member States for
reporting cross-border transactions for Balance of Payments statistics were deemed to provide
appropriate guidance in the context of the present debate on ways of simplifying and harmonising part of all these national procedures.

The results of a further study on the national laws pertaining to credit transfers provide a valuable contribution to the discussions within a working group of Governmental and central bank
experts created at the beginning of 1993. The mandate of this group is to study the legal
obstacles standing in the way of efficient and secure cross-border credit transfer systems, and
to remove these obstacles in creating an appropriate "Legal Framework" for cross-border
transfers.

**257.** With regard to card payments, the Commission continued its efforts to ensure the application of Recommendations 87/598/EEC* and 88/590/EEC*. As to the first, wide ranging and
thorough negotiations between the credit sector and retail organizations have been undertaken.
Consensus has been reached on a number of points, however, the parties still need to reach
agreement on a number of outstanding issues.

( [115] ) SEC(92) 621 final

(116) p(93)670

(117) |P(93) 1128

THE COMMUNITY INTERNAL MARKET -1993 REPORT

OPERATION OF THE INTERNAL MARKET 97

**Section 11 - Back-up policies**

**§** **1** -Consumer policy

**258.** **The primary objective of the second three-year action plan in respect of consumer policy**
**is to place the intemal market at the service of consumers. In order to achieve this, the**
**Community must consolidate the existing legislative groundwork, in particular by ensuring**
**that texts currently in force are implemented and that the Council (and, as necessary, Pariia-**
**ment) adopts the texts proposed by the Commission on which** **K** **has not yet reached a consen-**
**sus,** **and by preparing new measures.**

**With a view to attaining this objective, during 1993 the Council adopted a number of directives**
**intended to protect consumers and place the intemal market at their service. Other directives**
**are being adopted or prepared.**

**Thus,** **among the measures adopted during** **1993** **are Directive** **93/13/EEC*** **on 'unfair terms in**
**consumer contracts', the purpose of which is to facilitate the establishment of the intemal**
**market and protect consumers when they purchase goods and services under contracts**
**governed by the legislation of Member States other** **than** **their** **own,** **by removing unfair terms.**

**Other matters still awaiting a Council (and Pariiament) decision are the proposals for directives**
**on time-sharing, on which a common position was adopted by the Consumer Affairs Council**
**meeting on 19 November** **1993,** **and on distance selling.**

**Still with the aim of placing the intemal market at the service of consumers, the Commission**
**has also started work on the following measures:**

**•** **initiatives on consumer access to justice (possible legislative implications arising from**
**consultations on the Green Paper);**

**•** **initiatives on guarantees and after-sales service for consumer goods (possible legis-**
**lative action arising from consultation on the Green Paper);**

**•** **preparation of a directive on transparency of cross-border offers of mortgage credit**

**[to be modelled on Directives** **87/102/EEC*** **and** **90/88/EEC*** **(consumer credit), in**
**particular the indication of an overall effective annual rate and a single method of**
**calculation];**

**•** **in the field of transparency of banking services, completion of the harmonization of**
**existing legal rules by transforming Recommendation** **90/109/EEC*** **into a binding**
**instmment;**

**•** **amendment to Directive** **85/577/EEC*** **(contracts negotiated away from business**
**premises) with a view to harmonizing the calculation of the** **cooling-off** **period of**
**seven days and reviewing the exemptions.**

§2 -Competition

**259.** **Competition policy continues to make an effective contribution to the completion of the**
**intemal market, one of whose mainstays it is. The abolition of internal frontiers is the Commis-**
**sion's principal objective, which it pursues both by banning the conclusion between under-**
**takings of restrictive agreements intended to compartmentalize the market and by**
**controlling concentrations, monopolies and state aid.**

THE COMMUNITY INTERNAL MARKET -1993 REPORT

98 OPERATION OF THE INTERNAL MARKET

**• The policy of dismantling monopolies is one of the Commission's priorities. In the**
**telecommunications sector in particular, the very reasons for these monopolies are**
**being rendered obsolete by technological progress. On 22 July 1993 the Council**
**adopted a resolution on a review of the telecommunications sector and the need for**
**new developments in this market. It approved the Commission's proposal for the**
**opening to intra-Community competition of international voice telephony services by**
**1 January 1998.**

**•** **With regard to control of state** **aid,** **if every Member State were free to defend its own**
**industry through competitive subsidies, it is unlikely that the enterprises which sur-**
**vived would be the most efficient. For example, the approach selected by the**
**Commission for enterprises which have chronic overcapacities consists in approving**
**aid only in return for participation in the global effort to reduce capacity and in a** **seri-**
**ous** **restructuring** **plan to ensure the viability of the industry in a European rather than**
**national context. This approach is being followed in particular in the restructuring of**
**the steel sector.**

**• As regards control of** **concentrations,** **the Commission** **earned** **out a detailed examina-**
**tion of the first three years of application of Regulation (EEC) No 4064/89* and held**
**wide-ranging consultations with the Member States and interested parties, who all**
**appreciated the advantages of a "one-stop-shop" with common operating mles**
**throughout the Community and a rapid decision-making procedure. It decided not to**
**propose a revision of the Regulation before** **1996** **but undertook to improve the** **trans-**
**parency and efficiency of the procedures through the publication of explanatory notes**
**on various legal and technical questions and of a new communication on concentra-**
**tive and cooperative joint ventures. However, with a view to assisting enterprises to**
**adapt to the internal market, the Commission approved the communication designed**
**to facilitate cooperation between cooperative joint ventures and also approved the**
**proposals for more rapid procedures.**

**260.** **In the field of mles applicable to undertakings, Articles 85 and 86 of the EC Treaty* have**
**for a long time been used as powerful instruments for opening and unifying markets. The**
**Commission's policy on distribution is particulariy worthy of mention. Agreements here may**
**be such as to improve the efficiency of distribution, at the price, however, of territorial clauses**
**which may mean that the single market is divided. The Commission's consistent practice is not**
**to exempt such agreements from the ban, except insofar as they do not restrict trade between**
**Member States to an unacceptable degree. This policy has been confirmed this year by the**
**decisions concerning the distribution of perfumes and by initiatives on motor-vehicle distribu-**
**tion.**

**261.** **In** **1993** **the Commission energetically pursued initiatives to increase competition in the**
**field of transport. Here, as elsewhere, completion of the large market involves the** **creation** **of**
**competitive structures. Many cases were dealt with, in particular in the air and maritime**
**sectors.**

**262.** **In** **its bilateral agreements with trading partners, the Community seeks to insert competi-**
**tion mles with a degree of detail and of harmonization with its own mles depending on the**
**degree of economic integration sought. The EEA Agreement signed on 2 May** **1992** **contains a**
**full set of competition rules identical to Community mles.**

**The Commission is also seeking to strengthen, in both bilateral and multilateral** **fomms,** **the so-**
**called "positive** **comity"** **approach in which a country whose exporters are the victims of** **anti-**
**competitive practices in another country can ask** **this** **other country to apply its own competition**
**mles in order** **to** **remedy the situation. A provision to that effect has been included in the EC-US**
**Agreement of September** **1991.**

**Article 24(2) of Council Regulation (EEC) No. 4064/89* requires the Commission to report,**
**initially after one year and then periodically on the treatment as regards concentrations**
**accorded to Community undertakings by non-member countries. Failing to have obtained the**
**necessary input yet, the Community has not been able to fulfil this requirement.**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

OPERATION OF THE INTERNAL MARKET 99

**§ 3 -Small and medium-sized enterprises**

**263.** In line with the _"Commission's Second_ _Report on_ _Administrative Simplification_ _Work in_
_the Community_ (US) and the resulting Council Resolution (H9), the Commission is continuing
its work to minimise all necessary administrative, legal and financial burdens on enterprises, particularly SMEs, emanating **from** Community legislation. This includes consolidation of the Commission's business impact assessment system and the improvement of Its
consultation procedures with business organizations.

**264.** Small and medium-sized enterprises will be unable to take full advantage of the single
market if their activities are constrained by a shortage of finance. Not only are SMEs in the
Community generally less well capitalized than their counterparts in the United States and
Japan, but moreover considerable financing gaps exist. This is why the Commission has taken
the initiative to establish a Round Table of high personalities from the banking sector asking
them to examine the relationships between banks and the smaller business customers, which
appear to be giving rise to problems in a number of Member States.

265. Excessive payment periods and late payment are a real problem for small and
medium-sized enterprises in the Community. Conditions of payment, i.e. contractual terms,
delays and interest on late payment, vary considerably from country to country, and the legal
procedures involved are .different too. The result is that SMEs have major financing problems.
The Commission will be taking steps to improve this situation.

**266.** The Community co-finances private projects on transnational cooperation based on the
use **of** new technologies in commerce and the distributive sector. A research programme
on distribution, whose objectives are continually being reviewed, allows strategic infonmation on
commerce and distribution in the intemal market to be collected and disseminated. At the same
time, consultation of trade organizations and governments has been institutionalized in the
Committee on Commerce and Distribution (CCD) and the Group on Internal Trade (GCI).

267. Very few enterprises are handed down to a second generation of entrepreneurs and a
tiny minority of those that survive to the third generation. The difficulties of transferring
businesses therefore considerably weaken the fabric of SMEs. To remedy this situation, fiscal
pressure must be reduced, intemational double taxation of business transfers must be
abolished and the mobility of SMEs improved, thus enabling them to relocate their head office
within the Community and change freely from one type of company to another. The Commission is currently examining whether a recommendation on this question should be addressed to
the Member States.

**268.** Conscious of the integrating and dynamic role played by tourism, the Community has an
action plan to assist tourism (Decision 92/421/EEC*), established for three years from 1993.
This plan, which takes into account tourism activity overall, is intended to contribute to improving the quality and competitiveness of the supply of Community tourism and to promote awareness and satisfaction of demand. The keystone of the plan is strengthening cooperation at
Community level between economic operators and the different levels of administration. The
aim is to integrate tourism into Community policies and to support and develop specific measures to promote the diversification of tourism activities, to take transnational measures and to
improve the promotion of European tourism on international markets. The aim is essentially for
overall measures to achieve better information for tourists and economic operators, support for
showpiece projects capable of being transferred to different Community regions and general
improvement of the quality of services and facilities for tourists.

(118) SEC(92) 1867 final of 27 October 1992

(119) OJC 331 or 23.12.92

THE COMMUNITY INTERNAL MARKET -1993 REPORT

100 OPERATION OF THE INTERNAL MARKET

**§4-Environment**

**269.** There is no inherent conflict between the completion of the intemal market and the fight
against environmental degradation. They are and should be mutually supportive. This special
relationship is already recognised in the Single European Act (Article 100 A paras. 3 and 4) and
Is reinforced by Article 2 of the EC Treaty* where it is cleariy stated that the completion of the
internal market will be **a** key instmment to reach inter alia **"a** **sustainable and non-inflation-**
**ary growth respecting the environment".** Both challenges stem from the same features of
our present pattern of economic development: an inefficient use of human and environmental
resources and an inadequate valuation of pricing of these resources. This has led to distortions
in competition and to an over use of environmental resources.

Short-term economic gains at the expense of economic partners and of the environment should
be replaced by an attitude which constitutes the basis for greater efficiency and competitivity,
both at EC level and internationally, for a more sustainable economic pattern in the long mn.

**270.** The Community environment policy is at a very important juncture. Following the
UNCED agreements, and in accordance with the Treaty on the European Union and with the
Fifth EC Environment Action Plan "Towards Sustainability", an integrated approach will have to
be developed in order to ensure that the most effective policy is applied **to enable a move**
**towards a more sustainable path of** social **and** economic **development in the Community**
**and the world** at **large.**

This is not only vital for the environment itself but also for the long-term success of the internal
market and Economic and Monetary Union. Their success is dependent on the sustainability of
the policies pursued in the fields of industry, energy, transport, agriculture, regional development and tourism, which are in turn dependent on the capacity of the environment to sustain
them. Many environmental issues such as climatic change, acid pollution and waste management can only be tackled by an interplay between the main economic actors and sectors, not
only through the use of legislation (normative standards and other measures) but also by using
an extended and integrated range and mix of other instmments such as industrial standards
and or certification systems, voluntary schemes, economic instmments etc.

This interplay can best achieved within a Community framework, without which there is **a** risk
that actions taken will fail to have their full impact or that the integrity of Community achievements such as the intemal market will be jeopardized.

This framework, however, should not be designed or felt to be a strait jacket but should rather
be supportive in its function. It should be flexible enough to encourage all concerned to accept
their responsabilities and to develop and apply an optimal mix of instmments tailored to their
local and regional circumstances but without creating unnecessary and unjustified distortions.
Such a framework will ensure that we move towards sustainable patterns of economic and
social development.

**§ 5 -Social dimension of the internal market**

**271.** The development of the internal market, which aims to construct a large and very powerful economic entity within which progress and prosperity are assured, must be accompanied by
the progressive introduction of a genuine and effective social dimension. That is the aim
of the Community's social policy, which is centred on the "Community Charter of the Fundamental Social Rights of Workers" and on the social action programme (120).

(120) "Community Charter of the fundamental rights of workers", Luxembourg, OOPEC, 1990
Social Action Programme: COM(89) 568 final, November 1989

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**(8**

OPERATION OF THE INTERNAL MARKET 101

The Commission has presented almost all the proposals in the social action programme.
However, it should be noted that progress on implementing the programme has matched
neither the Commission's aspirations nor its efforts.

In 1992 and 1993 the Council did adopt a number of directives, such as that on the protection
of pregnant workers and workers who have recently given birth or are breastfeeding, the one on
collective redundancies, and a series of directives in the field of the health and safety of
workers, covering temporary or mobile work sites, safety and/or health signs at work, medical
treatment on board vessels, the extractive industries and biological agents.

In the field of labour law, the Council reached agreement on a common position for the directive to reorganize working time. In addition, a directive on the labelling of tobacco products was
adopted to reinforce measures to combat smoking, which is a cause of cancer.

Lastly, the Council, which noted the success of 1992 as the European Year of Safety, Hygiene
and Health Protection at Work, declared 1993 to be the European Year of the Elderly and of
Solidarity between Generations.

**272.** In 1993 the employment situation in the Community deteriorated further and the unemployment rate is now more than 10% of the working population of the twelve Member States.

With a view to dealing with this situation, the Commission proposed a "Community-wide
framework for employment", the aim of which is to initiate collective and concerted action by
Community institutions and the Member States. This must make for economic growth which will
create jobs. The reform of the European Social Fund adopted in July 1993 has the same aims,
including implementation of instmments to facilitate the adaptation of workers to change in
industry and the way goods are produced.

With regard to solidarity with the most disadvantaged, the Commission adopted a new
medium-term action programme to combat social exclusion and promote solidarity.

**273.** In a number of respects, 1993 was a decisive year for the future of Community social
policy.

   - The new provisions of the Social Chapter will apply before the entry into force on
1 November 1993 of the Treaty on European Union. This means extending Community competences and the possibility of using new procedures to achieve the social
dimension.

    - In addition, the publication of the Green Paper on social policy will give rise to a wideranging debate in the Community so that all interested parties can give their views on
the future, the contents and the objectives of Community social policy. The principle
of subsidiarity will be one of the basic principles of the new Community social policy,
which will be unveiled in 1994 with the publication of a White Paper containing
proposals, initiatives, measures and, above all, priorities for the Community in the
social field.

**§ 6 -Community structural measures**

**274.** The Single Act laid down the objectives not only of completing the internal market but
also of achieving economic and social cohesion, on the grounds that the continued existence
of economic and social disparities within the Community was likely to jeopardize the
success of the internal market. For this reason the structural funding allocated by the
Community plays a decisive role both in significantly supporting economic activity in the lessfavoured countries and regions and in creating the conditions for them to really make good
their structural shortcomings.

There were three major developments here in 1993:

- On 30 March, the Council adopted Regulation (EEC) No 792/93* establishing a cohesion
financial instmment, pending its replacement by the Cohesion Fund provided for in

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**102** **OPERATION OF THE INTERNAL MARKET**

**Article 130d of the EC Treaty* as amended by the Treaty on European Union. On**
**21** **December** **1993 the Commission put a proposal to the Council for setting up the**
**Fund (121), with a budget of 15.15 billion ecus (at 1992 prices) for 1993-99. The Fund is to**
**aid environmental and transport infrastructure projects in the** **Community's** **four least-**
**favoured Member** **States:** **Greece, Spain, Ireland and Portugal.**

**•** **On 16 June, the Commission adopted the** _**'Green**_ _**Paper**_ _**on**_ _**the Future of**_ _**Community**_ _**Initia-**_
_**tives under the**_ _**Structural**_ _**Funds'**_ **(122).** **Completing the Fund's traditional activities, these**
**initatives will allow the Community to make a specific and focused response to problems**
**which threaten the livelihood of its citizens, or frustrate their ability to break into the virtuous**
**circle of rising prosperity offered by the intemal market. The Commission has gathered**
**contributions from many interested quarters and presented its approach on new** **Communitiy**
**initiatives at the beginning of** **1994.**

**•** **On 20 July, the Council adopted six amended regulations goveming the Stmcturai Funds for**
**the period** **1994-99** **(Regulations (EEC) No 2080/93 to No 2085/93*). Funding for the period**
**amounts to 141 billion ecus, or one third of the total Community budget.** **This** **makes the**
**Stmcturai Funds the major instmment of the policy for economic and social cohesion, as an**
**expression of intra-Community solidarity.**

**§ 7 -European area in education and training**

**275.** **Under Articles** **126** **and 127 of the EC Treaty*, as amended by the Treaty on European**
**Union,** **Community action on education and training is aimed at contributing to the promo-**
**tion and gradual formation of a European education and training area which will**
**accompany and balance the completion of the internal market. This European area is to**
**enable each European citizen to determine his education and training by making full use of all**
**the opportunities offered by the Community for fulfilment in his working life.**

**276.** **The results and achievements of EC education and training programmes were**
**presented by the Commission in its review of 5 May 1993 (123) concerning the period** **1986-92.**
**The review was intended to provide a useful backcloth to the new proposals based on**
**Articles** **126** **and** **127** **of the EC Treaty* which the Commission was to present to the Council by**
**the end** **of 1993.**

**The rationalization of the action programmes announced by the Commission must increase the**
**contribution made by training programmes to the functioning of the internal market by structur-**
**ing Community action around two principal objectives: first, improving the quality of vocational**
**training systems and, second, developing the capacity for innovation in measures on the train-**
**ing market. The strengthening of cooperation between those involved which these two major**
**objectives will mark a new phase in the building of** **an** **open training and qualification area in the**
**Community.**

**EC action programmes on vocational training, in particular Petra, Force, Eurotecnet and**
**Comett,** **provide actors in the intemal market with major opportunities for exchanges of infor-**
**mation on the process of obtaining and validating qualifications, for cooperation on the defini-**
**tion of profiles and methodologies for analysing needs.** **In** **this way a European area is being**
**created that is characterized by greater transparency and a converging and upward trend in the**
**standard of qualifications.**

**(121 )** **C0M(93) 699** **final,** **21** **December** **1993**

**(122)** **C0M(93) 282 final,** **16** **June** **1993**

**(123) GOM(93) 151** **final,** **5 May** **1993**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

**OPERATION OF THE INTERNAL MARKET** **103**

**§ 8 -Community research and technological development policy**

**277.** **Community action on research and technological development involves the establish-**
**ment of close** **cross-border** **links between institutions** **in** **the public sector and in industry.**

**Activities to stimulate training through research and researcher mobility are included in the**
**specific programme for Human Capital and Mobility, under the Third Framework Programme**
**(1990-1994), whose aim is to increase the quality and quantity of the Community's human**
**resources in research, by increasing the mobility of researchers between Member States and**
**so improving their training.** **In** **the period spring** **1992-January** **1994, some 1 700 researchers**
**were thus helped to move within the Community.**

**For the future,** **Community'efforts** **to promote training through research and coross-border**
**mobility of researchers constitute the Fourth Activity of the Commission proposal for the Fourth**
**Framework Programme in research,** **technological** **development and demonstration** **(1994-**
**1988)** **(124).** **This programme, which is in the process of being adopted, aims to extend this**
**effort and support the implementation of other Community policies for the period 1994-98.**
**Community R&TD activities in the fields of** **precompetitive** **research, measurement and testing,**
**and mobility of researchers, are making a noteworthy contribution to the completion of the**
**intemal market. For example, research in the harmonization of measurement and testing has**
**directly contributed to the implementation of standards and legislation, in particular on food-**
**stuffs,** **agricultural products and the environment.**

**The number of research projects supported by the directives covering these questions has**
**increased fivefold in six years.**

**(124) COM(93) 276 final:**

**• Proposal ror a Council Decision conceming the fourth framework programme of** **the** **European Economic**
**Community** **in** **the field of** **research,** **technological development and demonstration** **(1994-98)**

**• Proposal for a Council Decision conceming a framework programme of Community activities** **in** **the field of**
**research and training for the European Atomic Energy Community** **(1994-98).**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

/|OVj

**-lo** _**s**_

**Annexes**

**1 - Proposals concerning the internal market put forward by the**

**Commission and currently before the Council**

**2 - Internal market measures adopted by Council or Commission -**

**State of transposition into national law**

**3 - Court of Justice decisions not implemented by Member States**

**infringement procedure initiated under Article** **171** **of the Treaty**
**(cases in the internal market area)**

**4 - State of ratification of intergovernmental conventions**

The annexes to this 1993 report on the internal market are based on the annexes to the various
reports concerning the implementation of the White Paper. They are intended to help in
meeting the annual report's aim of improving the transparency of Community mles on the
intemal market and facilitate its implementation.

**Annex** 1 is a list of Commission proposals conceming the operation of the intemal market
which are still pending in the Council.

**Annex** 2 is innovatory in that it shows, for the first time, all Community legislation concerning
the operation of the internal market, broken down by sector, and the extent to which it has been
transposed by the Member States. The basic directives are indicated in bold, followed by any
exceptions, amendments, adaptations to technical progress, and implementing measures. After
each basic directive, a general transposition table indicates acts requiring measures for incorporation into national law (date of transposition, status, any comments).

**Annex 3** lists judgments of the Court of Justice not implemented by the Member States where
an infringement action under Article 171 of the Treaty has been initiated by the Commission. It
shows the importance the Commission attaches to Community law being duly transposed.

**Annex** 4 shows progress in ratifying intergovemmental conventions conceming operation of
the intemal market.

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**Annex 1** **-** **Proposals concerning the internal market put**
**forward by the Commission and currently before the**
**Council**

**Key**

Proposals marked with one asterisk (*) are listed in the White Paper

In the right-hand column, proposals marked with two asterisks (**) are awaiting an
opinion or first reading from the European Parliament; proposals not marked with one
asterisk have been the subject of an opinion or do not require a first readingt

**Voting** procedure:

- U = unanimity vote required

- QM = qualified majority required

- SM = simple majority required

**For** proposals subject to the cooperation or codecision procedure:

FR indicates that Parliament has completed its _First Reading_

**•** CP indicates that a _Common Position_ has been reached but that a second reading is
awaited

SR indicates that the _Second Reading_ has been completed

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX 1

**SUBJECT** **DATE** **OF**

**COMMISSION'S**

**PROPOSAL**

```
 FREE MOVEMENT OF PERSONS

```

**PROJECTED DATE**

**OF ADOPTION**

**BY COUNCIL**

1994

FR

1994*

(U)

**1994**

1994

**1995**

1994

1994**

1994

1994

**1994***

1994

1994

1. Freedom of movement and abolition of restrictions on
movement and residence of workers and their families*
COM(88) 815; COM(90) 108

2. Regulation determining the third countries whose nationals must be in possession of a visa when crossing the
extemal frontiers of the Member States
COM(93) 684

3. Decision on a Convention on the crossing of extemal
frontiers
COM(93) 684

1988

1993

1993

II -FREE MOVEMENT OF GOODS

1> TECHNICAL HARMONIZATION AND STANDARDIZATION ]

**1.1.** **Veterinary** **and plant health products**

Animals accompanying travellers

_(new proposal to be presented by Commission)_

5. 2nd revision safeguard clause*
COM(89) 493

6. Amendment to Dir.77/93 - plant health*
COM(89) 647; COM(91) 246
(financial liability)

7. Creation of a European law on plant breeders rights*
COM(90) 347; COM(93) 104 ____„„

8. Modification to Regulation setting standards for marketing of milk and non-milk fat substances composed of
plant and animal products
COM(93) 60

9. Modification to Dir.77/93 on organisms harmful to plants
COM(93) 99

10. Establishment of Annex VI of Dir. 91/414 conceming
placing on market of phytopharmaceutical products
COM(93)117

11. Modification to Dir. 70/524 concerning additives in animal feedingstuffs and establishment of certain groups of
additives
COM(93) 251; COM(93)250

1989

1989

1990

1993

1993

**1993**

1993

1993

1993

**12.**

Modification to Dir. 91/628 on the protection of animals
during transport
COM(93) 330

13. Modification to Dec. 90/424 on expenditure in the
veterinary field
COM(93) 470

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX** **1**

SUBJECT ~ I DATE OF PROJECTED DATE

COMMISSION'S OF ADOPTION

PROPOSAL BY COUNCIL

14. Principles relating to the zootechnicai and genealogical 1993 1994
conditions applicable to imports from third countries of
animals, their semen, ovules and embryos
COM(93) 497

15. Modification to Annexes of Directives 86/362/EEC and 1993 1994
86/363/EEC concerning the fixing of maximum levels of
pesticides residues on and in cereals and foodstuffs of
animal origin
COM(93) 505

16. Modification to Annex II of Directive 907642/EEC 1993 1994
conceming the fixing of maximum levels for pesticides
residues on or in certain products of plant origin including food and vegetables
CQM(93) 505

17. Directive fixing the principles goveming the organization 1993 1994**
of inspections in the field of animal nutrition
COM(93)510

18. Regulation laying down the conditions and arrangements 1993 1994**
for approving certain establishments operating in the
animal feed sector and amending Directives
70/524/EEC and 74/63/EEC
COM(93) 587

19. Amendment to Directives 66/400/EEC, 66/401/EEC, 1993 1994**
66M02/EEC, 66/403/EEC, 69/208/EEC, 707457/EEC
and 70/458/EEC on the marketing of beet seed, fodder
plant seed, cereal seed, seed potatoes, seed of oil and
fibre plants and vegetable seed and on the common
catalogue of varieties of agricultural plant species
COM(93) 598   - | j

BililiiiiSiillllli

20. Food irradiation* I 1988 I 1994
COM(88) 654; COM(89) 576 FR

21. Food colours 1991 1994
COM(91) 444; COM(93) 153 CP

22. Ingredient labelling, claims and alcoholic strength 1992 1994
CQM(91) 536 FR

23. 1992 1994

   - Sweeteners-revised directive: COM(92) 255 CP

   - Additives other than colours and sweeteners: CP
COM(92) 255; COM(93) 290

   - Modification to framework directive on additives: CP
COM(92) 255; COM(93) 289

24. Novel foods 1992 1994
COM(92) 295; COM(93) 631 FR

25. Flavourings 1993 1994
COM(93) 609 FR

26. Extraction solvents 1993 1994
COM(93) 659 | [ FR

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

**ANNEX** **1**

SUBJECT DATE OF PROJECTED DATE '

COMMISSION'S OF ADOPTION
| PROPOSAL I BY COUNCIL

1.3. Mechanical and electrical engineering - Pressure vessels - Medical devices Measuring instruments

27. Apparatus and systems used in explosive atmospheres 1991 1994
COM(91) 516 CP

28. Lifts 1992 1994
COM(92) 35; COM(93) 240 FR

29. Pressure equipment 1993 1994**
COM(93)319

30. Precious metals products 1993 1994**
COM(93) 322 [____ |

1 A Motor vehicles

31. Weights and dimensions (vehicles other than passenger 1991 1994
cars) FR
COM(91) 239

32. Two and three wheel motor vehicles 1992 1994

   - maximum speed: COM(91) 497 CP

33. Mechanical coupling devices of motor vehicles 1992 1994
COM(92)108 CP

34. Flammability of material used in interiors of certain 1992 1994
types of vehicle FR
COM(92) 201

35. Modification to Dir. 70/220 conceming air pollution from 1992 1994
private motor vehicles (stages 1996 & 2000) CP
COM(92) 572; COM(93) 626

36. Modification to dir. 86/662 conceming limitation of noise 1993 1994
emitted by earthmoving machinery FR
COM(93) 154

37. Two and three wheel motor vehicles: components and 1993 1994** '
characteristics
COM(93) 449 | [_

38. 12th amendment to Dir.76/769 on dangerous prépara- 1991 1994**
tions (PBBEs)
COM(91) 7

39. 13th amendment to Dir. 76/769 on dangerous substan- 1992 1994
ces (creosote) FR
COM(92)195

40. 14th amendment to Dir. 76/769 on dangerous substan- 1993 1994
ces (nickel) CP
COM(93)134

41. 15th amendment to Dir. 76/769 on dangerous 1993 1994
substances (aerosols) FR
COM(93) 499 | |

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**ANNEX** **1**

SUBJECT DATE OF PROJECTED DATE

COMMISSION'S OF ADOPTION

PROPOSAL BY COUNCIL

1.6. Miscellaneous

42. Footwear labelling 1992 1994
COM(91) 529 (subject to subsidiarity review) CP

43. Pleasure boats 1992 1994
COM(92) 141; COM(93) 23 CP

44. Waste packaging 1992 1994
COM(92) 278; COM(93) 416 | | FR

1.7* General provisions on technical barriers to trade

45. Amendment to notification procedure of Dir. 83/189 for 1992 1994
standards CP
COM(92) 491 | |

|3L SPECIAL FREEDOM OF MOVEMENT ARRANGEMENTS j

46. Modification of mutual assistance directive on debt reco- 1990 1994
very (anti-fraud measures) FR
COM(90) 525; COM(91) 235

47. Transfer of controls in the field of road and inland water- 1992 1994
way transport registered in 3rd countries to Community's
extemal frontiers
COM(92) 105
_(partially adopted on 17/12/92)_

48. Exports of certain dual use goods and certain nuclear 1992 1994
products
COM(92)317;SEC(93)210

49. Measures against the release of counterfeit and pirated 1993 1994**
goods
COM(93) 329 _

50. Mutual assistance between the administrative authorities 1993 1994
of the Member States and co-operation between the FR
latter and the Commission to ensure the correct application of the law on customs or agricultural matters
COM(93) 350 | |

III ~ FREE MOVEMENT OF SERVICES AND RIGHT OF ESTABLISHMENT

11. FINANCIAL SERVICES"]

14* Banks

51. Bank deposit guarantee scheme 1992 1994
COM(92) 188; COM(93) 253 CP

52. Modifications to Dir. 77/780 and Dir. 89/646 on credit 1993 1994
institutions, Dir. 73/239 and 92/49 on non-life insuran-ce, FR
Dir. 79/267 and 92/96 on life insurance, Dir. 93/22 on
investment firms in order to reinforce prudential
supervision
COM(93) 350 |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX 1**

1.2. Insurance

SUBJECT | DATE OF PROJECTED DATE
COMMISSION'S OFADOPTION
| PROPOSAL | BYCQUNCn.

53. Compulsory winding up of insurance undertakings 1987 1994
COM(86) 768; COM(89) 394 FR

54. Pension funds 1991 1994
COM(91) 301; COM(93) 237 | | FR
llilB^SIIillil^^^HiB

55. Publication of prospectus for admission of securities to a 1992 1994
stock exchange (modification of Dir. 80/390) FR
COM(92) 566

56. Modification to Dir. 85/611 on laws relating to underta- 1993 1994
kings for collective investment in transferable securities FR
(UCITS)
COM(93) 37 _ _ _

57. Investor compensation schemes 1993 1994**
COM(93) 381 | |

iJiiliiiliMlMliiiiH

58. Frequency bands for the coordinated introduction of 1991 Procedure
digital short-range radio (DSRR) in the Community suspended
COM(91)215 FR

59. Application of ONP principles to voice telephony 1992 1994
COM(92) 247; COM(93) 182 SR

60. Mutual recognition of licences and other national 1992 1994**
authorizations for telecommunications services
COM(92) 254

61. Proposal for a Directive on the use of standards for the 1993 1994**
transmission of television signals (including repeal of

Directive 92/38/EEC)
COM(93) 556

62. Mutual recognition of licences and other national 1993 1994**
authorizations for the provision of satellite network
services and/or satellite communications services
COM(93) 652 ; [ j

13. DATA PROTECTION 1

63. Council Directive conceming protection of individuals in 1990 1994
relation to processing of personal data and the free FR
movement of such data
COM(92) 422
Council Directive conceming the protection of personal 1990 1994
data and privacy in the context of public digital telecom FR
networks, in particular the integrated services digital
network (ISDN) and public digital mobile networks

**THE COMMUNITY INTERNAL MARKET** **-** **1993** **REPORT**

ANNEX 1

SUBJECT DATE OF PROJECTED DATE

COMMISSION'S OF ADOPTION

PROPOSAL _^_ COUNCIL

63. Recomendation for Council Decision on the opening of 1990 1995
(b) negotiations with a view to the accession of the FR
European Communities to the Council of Europe
Convention (108) for the protection of individuals with
regard to the automatic processing of personal data
COM(90)314; COM(92) 422

64. Internal market for natural gas (third party access etc.) 1992 1994
COM(91) 548 _ _ _ FR

65. Intemal market for electricity (third party access, etc.) 1992 1994
COM(91) 548 FR

66. Prospection, exploration and production of hydrocarbons 1992 1994
COM(92)110 [ CP

V - TRANSEUROPEAN NETWORKS IN FIELDS OF
TRANSPORT, TELECOMMUNICATIONS AND ENERGY

67. Regulations (3) on the declaration of European inte- 1992 1994
rest in transport, energy and telecommunications FR
fields

COM(92)15;COM(93)115

68. Council Decisions (2) on telematic networks between 1993 1994**
administrations (IDA)
COM(93) 69

69. Exchange of statistical data on goods between natio- \ 1993 1994
nal administrations (COMEDI) CP
COM(93) 73 _ _

70. Council Decision on TEN/ISDN 1993 1994
COM(93) 347 J FR

71. Communication on preparatory action on integrated 1993 1994**
wide-band communication

COM(93) 372 |

VI          - INTELLECTUAL AND INDUSTRIAL PROPERTY

72. Rules necessary for implementing the Regulation on the 1985 1994
Community trade mark* (Committee procedure)
COM(85) 844   

73. Fees payable to the Community Trade Marks Office* 1986 1994
(Committee procedure)
COM(86) 742 _ _ _ _

74. Rules of procedure of the Boards of Appeal set up within 1986 1994
the Community Trade Marks Office* (Committee procedure)
COM(86) 731

75. Legal protection of biotechnological inventions* 1988 1994
COM(88) 496; COM(92) 589 CP

76. Ratification by Member States of Rome and Beme 1991 1994
Conventions for protection of literary and artistic works FR
COM(90)582;COM(92)10 |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX** **1**

SUBJECT I DATE OF PROJECTED DATE

COMMISSION'S OF ADOPTION

PROPOSAL BY COUNCIL

77. Legal protection of data bases 1992 1994
COM(92) 24; COM(93) 464 FR

78. Regulation on legal protection of designs 1993 1995**
Directive on the approximation of national design
protection laws
COM(93) 342; COM(93) 344 J

VII                   - COMPANY LAW

79. Fifth company law directive (structure of public limited 1973 1994
companies)* FR
COM(72) 887; COM(83) 185; COM(90) 729,
COM(91) 372

80. Tenth directive conceming cross-border mergers* 1985 1994**
COM(84) 727

81. 13th directive on takeover bids* 1988 1994
COM(88) 823; COM(90) 416 _ l _ FR

82. European Company Statute (2 proposals including 1989 1994
worker participation)* FR
COM(89)268;COM(91)174

83. Modification to Fifth directive -barriers to takeover 1990 1994
COM(90) 629 FR

84. Statute for Associations, Cooperatives, Mutual Societies 1991 1994
(6 proposals) FR
COM(91) 273; COM(93) 252

85. Modification to Fourth Directive - revision of the 1993 1994**
amounts expressed in ecus
COM(93) 390 |

86. Harmonization of laws relating to tax arrangements for 1984 1994
carry over of losses of undertakings*
COM(84) 404; COM(85) 319

87. Taxation of savings 1989 1994
COM(89) 60 (U)

88. Common tax regime applicable to interest payments and 1991 1994
royalties between parent companies and their subsi- (U)
diaries in different Member States
COM(90) 571; COM(93) 196

89. Arrangements for taking into account by undertakings of 1990 1994
losses of their permanent establishments and subsidia- (U)
rities situated in other Member States*
COM(90) 595 .

90. Modification to Dir. 90/434 on the common system of 1993 1994**
taxation applicable to mergers, divisions, transfers of (U)
assets and exchanges of shares conceming companies
of different Member States
Modification to Dir. 90/435 on the common system of
taxation applicable in the case of parent companies and
subsidiaries of different Member States
COM(93) 293 ^ ^

THE COMMUNITY INTERNAL MARKET                       - 1993 REPORT

**ANNEX** **1**

SUBJECT DATE OF PROJECTED DATE

COMMISSION'S OF ADOPTION

PROPOSAL BY COUNCIL

91. Special VAT schemes for small business* 1986 1994
COM(86) 444; COM(87) 524 (U)

92. Abolition of fiscal frontiers (definitive VAT regime) 1987 1996
COM(87) 322 | (U)

93. VAT on gold transactions 1992 1994**
COM(92) 441 (U)

94. VAT on transport of passengers 1992 1994
COM(92)416 (U)

95. Follow-up to 18th VAT directive on rights of exemption 1994
from tax (derogations from 6th directive) (U)
COM(92)215 | [__

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

**Annex 2 - Internal market measures adopted by Council or**
**Commission - State of transposition into national law**

N.B. I = measures notified

NI = measures not incorporated

D = derogation

IR = infringement proceedings under way

NN = no measures necessary

**Structure**

**1.**

**1.1.**

**1.2.**

**1.2.1.**

**1.2.2.**

**1.2.3.**

**1.2.4.**

**1.2.5.**

**1.2.6.**

**1.2.7.**

**1.2.8.**

**1.2.9.**

**1.2.10.**

1.2.10.1.

1.2.10.2.

1.2.10.3.

2.

2.1.

**2.1.1.**

2.1.1.1

_**2.1.1.1.1.**_

_**2.1.1.1.2.**_

2.1.1.2.

_**2.1.1.2.1.**_

_**2.1.1.2.2.**_

_2.1.1.2.3._

FREE MOVEMENT OF PERSONS

Right of residence

Mutual recognition of professional qualifications

General system

Legal professions

Medical and para-medical activities

Architects

Distributive trades and intermediaries

Industry and small craft industries

Incidental transport activities

Film industry

Agriculture

Other sectors

Real estate

Personal services

Hairdressing

FREE MOVEMENT OF GOODS

Technical harmonization and standards

Agricultural products

Veterinary legislation

_Veterinary checks_

_Feedingstuffs_

Legislation on plant health

_Pesticide residues_

_Plant protection products_

_Harmful organisms_

5

5

6

6

7

7

10

11

13

14

15

15

17

17

18

18

19

19

19

19

_19_

_47_

**55**

_55_

_56_

_57_

THE COMMUNITY INTERNAL MARKET -1993 REPORT

ANNEX 2

**2.** _**1**_ **.** _**1.2.4.**_ _**Plant**_ _**diseases**_

_**2.1.1.2.5.**_ _**Plant-health checks**_

_**2.1.1.2.6.**_ _**Forest reproductive material**_

_**Z1.1.2.7.**_ _**Seeds and**_ _**plant propagating material**_

**2.1.2.** **Food legislation**

**2.1.2.1** **Foodstuffs**

**2.1.2.2.** **Spirit drinks**

**2.1.3.** **Mechanical and electronical engineering** **-** **Pressure vessels**
**Medical appliances and metrology**

**2.1.3.1.** **Lifting and mechanical handling appliances**

**2.1.3.2.** **Household appliances**

**2.1.3.3.** **Gas appliances**

**2.1.3.4.** **Construction plant and equipment**

**2.1.3.5.** **Machinery**

**2.1.3.6.** **Other machinery**

**2.1.3.7.** **Pressure vessels**

**2.1.3.8.** **Measuring instmments**

**2.1.3.9.** **Electrical equipment**

**2.1.3.10.** **Medical devices**

**2.1.3.11.** **Personal protective equipment**

**2.1.4.** **Construction and construction products**

**2.1.5.** **Motor vehicles**

**2.1.6.** **Agricultural and forestry tractors**

**2.1.7.** **Pharmaceuticals**

**2.1.8.** **Chemical products**

**2.1.8.1.** **Dangerous substances and preparations**

**2.1.8.2.** **Fertilizers**

**2.1.9.** **Toys**

**2.1.10.** **Textiles**

**2.1.11.** **Cosmetics**

**2.1.12.** **Terminal equipment**

**2.1.13.** **Energy consumption**

**2.1.14** **General measures relating to technical barriers to trade**

**2.2.** **Special free-movement arrangements**

**2.2.1.** **Weapons**

**2.2.2.** **Cultural goods**

**2.2.3.** **Explosives**

**2.2.4.** **Drugs and precursors**

**3.** **FREE MOVEMENT OF SERVICES AND FREEDOM OF**

**ESTABLISHMENT**

```
3.1. Financial services

3.1.1. Banks

```

_**57**_

_**58**_

_**60**_

_**61**_

```
79

 79

 90

 91

 91

 92

 93

93

 95

 96

96

97

102

104

104

105

106

117

123

126

126

131

132

132

133

134

134

135

136

136

136

136

136

137

137

137

```

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**3,1.1.1.**

**3.1.1.2.**

**3.1.1.3.**

**3.1.2.**

**3.1.2.1.**

**3.1.2.2.**

**3.1.2.3.**

**3.1.2.4.**

**3.1.3.**

**3.1.3.1.**

**3.1.3.2.**

**3.2.**

**3.2.1.**

**3.2.1.1.**

**3.2.1.2.**

**3.2.1.3.**

**3.2.1.4.**

**3.2.1.5.**

**3.2.2.**

**3.2.3.**

3.2.4.

**3.2.4.1.**

**3.2.4.2.**

**3.2.5.**

**3.2.6.**

**3.2.6.1.**

**3.2.6.2.**

**3.2.6.3.**

**3.2.6.4.**

**3.2.6.5.**

**3.2.6.6.**

**3.2.7.**

**3.2.7.1.**

**3.2.7.2.**

3.2.7.3.

**3.2.7.4.**

**3.3.**

**3.4.**

**4.**

ANNEX2

Coordination of the provisions goveming freedom of establishment
and freedom to provide services

Conditions and prudential mles

Supervision and accounts

**Insurance**

Non-life insurance

Motor vehicle insurance

Life assurance

Other fields

**Stock exchanges and securities**

Admission, securities to official stock-exchange listing and stockexchange transactions

Undertakings for collective investment in transferable securities
(UCITS)

**Transport**

**General**

Road transport

Rail transport

Air transport

Inland waterway transport

Combined transport

**Competition rules**

**Government intervention**

**Transport infrastructure**

Coordination, investment and financial support

User tariffs

**Transport prices and terms**

**Market access and capacity control**

Road haulage

Road passenger transport

Inland waterway transport

Maritime transport

Combined transport

Air transport

**Technical harmonization and safety**

Road transport

Inland waterway transport

Maritime transport

Air transport

**Telecommunications** services

**Audiovisual services**

**FREE MOVEMENT OF CAPITAL**

**PUBLIC PROCUREMENT**

```
137

137

138

139

139

141

142

143

143

143

145

145

145

146

147

147

147

147

147

149

150

150

151

151

151

151

153

155

156

156

156

157

157

159

160

160

161

162

162

163

```

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**6.**

**7.**

**8.**

**9.**

**9.1.**

9.1.1.

**9.1.1.1.**

**9.1.1.2.**

9.1.2.

**9.1.3.**

**9.2.**

**9.2.1.**

**9.2.2.**

**10.**

**10.1.**

**10.2.**

ANNEX 2

**ENERGY** **164**

**INTELLECTUAL AND** **INDUSTRIAL** **PROPERTY** **164**

**COMPANY LAW** **167**

**TAXATION** **169**

**Indirect taxation** **169**

**Indirect taxation** **169**

**VAT** **169**

**Excise duties** **171**

**Raising of capital** **173**

**Tax relief for individuals** **174**

**Direct taxation** **175**

**Mutual assistance in tax matters** **175**

**Company taxation** **175**

**SAFETY AND PROTECTION OF THE ECONOMIC INTERESTS OF** **176**

**CONSUMERS**

**Protection of economic interests** **176**

**Consumer safety** **177**

**Rem.:** **par** souci de clarté, les mesures sont classées par ordre numérique

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2

***** **FREE MOVEMENT OF PERSONS**

**1 . !** **Right of residence**

**64/221/EEC** **: Council Directive of 25 February 1964 on the** **co-ordination** **of special measures**
**concerning the movement and residence of foreign nationals which are justified on grounds**
**of public policy, public security or public health (OJ** **L** **56,** **04/04/64)**

**Amendments**

**Access Treaty** **/ DK-IRL-UK**
**Council** **Dir.** **75/35 (OJ L** **14,** **20/01/75)**

Transposition

DK

1

1

D

1

1

EL

1

1

E

Ni

1

F

1

1

IRL

NI

NI

1

1

1

L

1

1

NL

1

1

P

NI

1

UK

1

1

Comments

B

I

I

Dir. 64/221

Dir. 75/35

19/09/64

18/12/75

**2.**

**4.**

**68/360/EEC** **: Council Directive of 15 October 1968 on the abolition of restrictions on move-**
**ment and residence within the Community for workers of Member States and their families**
**(OJL 257,19/10/68)**

**Amendments**

**Access Treaty** **/ DK-IRL-UK**
**Access Treaty** **/** **EL**
**Access Treaty** **/ E-P**

Transposition

**1251/70** **(EEC) : Regulation of the Commission of 29 June** **1970** **on the right of workers to**
**remain in the territory of** **a** **Member State after having been employed in that State**
**(OJL** **142,** **30/06/70)**

**72/194/EEC** **: Council Directive of 18 May 1972 extending to workers exercising the right to**
**remain in the territory of a Member State after having been employed in that State the scope**
**of the Directive of 25 February 1964 on coordination of special measures concerning the**
**movement** **and** **residence of** **foreign** **nationals which** **are** **justified on grounds of public policy,**
**public security or public health (OJ L** **121,** **26/05/72)**

Transposition

DK

I

D

I

E

I

F

I

IRL

I

EL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

I Dir. 68/360 116/07/69

B

I

DK

1

D

1

EL

1

E

1

F

1

IRL

1

1

1

P

1

L

1

NL

1

Comments

UK

1

I Dir. 72/194 123/11/72

B

l

**5.** **73/148/EEC** **: Council Directive of** **21** **May** **1973** **on the abolition of restrictions on movement**
**and residence within the Community for nationals of Member States with regard to estab-**
**lishment and the provision of services (OJ L** **172,** **28/06/73)**

Transposition

DK

I

E

I

D

I

EL

I

F

I

IRL

I

P

I

I

I

NL

I

L

I

UK

I

Comments

Dir. 73/148 |

B

I

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under **way;** **NN=** **no measures necessary**

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2

**6.** **75/34/EEC:** **Council Directive of 17 December 1974 concerning the right of nationals of a**
**Member State to remain in the territory of another Member State after having pursued therein**
**an activity in a** **self-employed** **capacity (OJ** **L14,20/01/75)**

Transposition

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

NL

1

L

1

IRL

1

1

1

P

1

UK

1

Comments

I Dir. 75/34 18/12/75

**B**

**I**

**75/35/EEC : Council Directive of 17 December 1974 extending the scope of Directive No**
**64/221/EEC** **on the coordination of special measures concerning the movement and residence**
**of foreign nationals which are justified on grounds of public policy, public security or public**
**health to include nationals of a Member State who exercise the right to remain in the territory**
**of another Member State after having pursued therein an activity in a self-employed capacity**
**(OJ L 14, 20/01/75)**

Transposition

**DK**

**I**

**D**

**I**

EL

I

F

I

IRL

IR

I

I

L

I

NL

I

UK

I

E

I

P

I

Comments

I Dir. 75/35 18/12/75

**B**

**I**

**90/364/EEC** **: Council Directive of 28 June 1990 on the right of residence (OJ L** **180,13/07/90)**

**Transposition**

**D**

**IR**

**EL**

**Comments**

**IRL** **I** **NL** **UK**

IR

**Dir. 90/364** 30/06/92

**B** **DK**
**!_LL**

IR

**9.**

**10.**

**93/96/EEC : Council Directive of 29 Octobre** **1993** **on the right of residence for students**
**(OJL 317,18/12/93)**

TransDOSition

**90/365/EEC : Council Directive of 28 June 1990 on the right of residence for employees and**
**self-employed** **persons who have ceased their occupational activity (OJ L** **180,13/07/90)**

Transposition

**D**

**IR**

**DK**

**I**

EL

I

E

I

F

IR

IRL

1

L

1

1

1

NL

1

P

1

UK

IR

Comments

| Dir. 90/365 130/06/92

**B**

**I**

**DK**

**I**

**D**

**NI**

EL

1

E

1

F

NI

IRL

1

L

1

1

1

NL

1

P

1

UK

NI

Comments

| Dir. 93/96 131/12/93

**B**

**NI**

**1*2.** **Mutual recognition of professional qualifications**

llllf **General system**

**1.** **89/48/EEC : Council Directive of** **21** **December 1988 on a general system for the recognition of**
**higher-education diplomas awarded on completion of professional education and training of**
**at least three** **years'** **duration (OJ L** **19,** **24/01/89)**

Transposition

DK

**I**

EL

IR

F

1

D

IR

E

1

IRL

1

NL

1

P

1

L

1

1

1

UK

1

Comments
D-EL-E-F-I-P: partial
transposition

Dir. 89/48 **01/01/91**

B

**IR**

I [s] measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2

**2.** **92/51** **/EEC : Council Directive of 18 June 1992 on a second general system for the recognition**
**of professional education and training to supplement Directive 89/48/EEC**
**(OJL** **19,** **24/01/89)**

Transposition

**B** **DK** **D** EL E F IRL I L NL P UK Comments

I Dir. 92/51 |18/06/94

PijjiraiiMÉ **Legal** **professions.**

**1.** **77/249/EEC : Council Directive of 22 March 1977 to facilitate the effective exercise by lawyers**
**of freedom to provide services (OJ L** **78,26/03/77)**

**Amendments**

**Access Treaty / EL**
**Access Treaty** / E-P

Transposition

P

1

IRL

1

UK

1

Comments

L

1

**DK**

**I**

**D**

**I**

EL

I

E

I

F

I

1

1

NL

1

I Dir. 77/249 124/03/79

**B**

**I**

_**i%Z**_ **'¥•** **-** **[% ]** **Medical and para-medical activities**

**75/362/EEC** **: Council Directive of 16 June 1975 concerning the mutual recognition of diplo-**
**mas,** **certificates and other evidence of formal qualifications in medicine, including measures**
**to facilitate the effective exercise of the right of establishment and freedom to provide serv-**
**ices (OJ L 167,** 30/06/75)

Amendments

Access Treaty / EL
Access Treaty / E-P
Council Dir. 82/76 (OJ L 43,15/02/82)

Transposition

Council Dir. 89/594 (OJ L 341, 23/11/89)
Council Dir. 90/658 (OJ L 353, 17/12/90)

DK

1

1

1 .

1

D

1

1

1

NN

EL

1

1

1

1

E

IR

1

IR

IR

F

1

1

1

1

IRL

1

1

1

1

1

1

IR

IR

IR

NL

1

1

1

1

P

1

1

1

1

UK

1

1

IR

IR

Comments

L

1

1

1

1

B

I

I

I

IR

Dir. 75/362

Dir. 82/76

Dir. 89/594

Dir. 90/658

20/12/76

31/12/82

08/05/91

01/07/91

**2.** **75/363/EEC : Council Directive of 16 June 1975 concerning the coordination of provisions laid**
**down by law, regulation or administrative action in respect of activities of doctors**
(OJ **L 167,** 30/06/75)

Amendments

Council Dir. 82/76 (OJ L 43, 15/02/82)
Council Dir. 89/594 (OJ L 341, 23/11/89)

Transposition

DK

1

1

1

1

D

1

1

1

NI

EL

1

1

1

1

E

IR

1

IR

IR

F

1

1

1

1

IRL

1

1

1

1

L

1

1

1

1

1

1

1

IR

IR

P

1

1

1

IR

UK

1

1

1

IR

NL

1

1

1

1

Comments

B

1

1

1

IR

Dir. 75/363

Dir. 82/76

Dir. 89/594

Dir. 90/658

20/12/76

31/12/82

08/05/91

01/07/91

I» measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX 2

**3.** **77/452/EEC** **: Council Directive of 27 June 1977 concerning the mutual recognition of diplo-**
**mas,** **certificates and other evidence of the formal qualifications of nurses responsible for**
**general care, including measures to facilitate the effective exercise of this right of establish-**
**ment and freedom to provide services (OJ L** **176,15/07/77)**

Amendments

Access Treaty / EL
Access Treaty / E-P

Council Dir. 89/595 (OJ L 341, 23/11/89)

Transposition

Council Dir. 90/658 (OJ L 353, 17/12/90)
Council Dir. 89/594 (OJ L 341, 23/11/89)

D

1

1

1

NN

P

1

1

1

1

DK

1

1

1

1

EL

1

1

1

1

E

1

1

1

1

F

1

1

1

1

1

1

IR

IR

IR

IRL

1

1

1

1

NL

1

1

1

1

L

1

1

1

1

UK

1

1

IR

IR

Comments

B

1

1

1

IR

Dir. 77/452

Dir. 89/594

Dir. 89/595

Dir. 90/658

01/07/79

08/05/91

13/10/91

01/07/91

**77/453/EEC : Council Directive of** **27** **June 1977 concerning the coordination of provisions laid**
**down by law, regulation or administrative action in respect of the activities of nurses respon-**
**sible for general care (OJ L** **176,15/07/77)**

Amendments

Council Dir. 89/595 (OJ L 341, 23/11/89)

Transposition

DK

I

I

F

I

I

IRL

I

I

EL

I

I

E

I

I

D

I

I

I

I

IR

L

I

I

P

I

I

UK

I

IR

NL

I

I

Comments

B

I

I

Dir. 77/453

Dir. 89/595

29/06/79

13/10/91

**78/686/EEC : Council Directive of 25 July 1978 concerning the mutual recognition of diplo-**
**mas,** **certificates and other evidence of the formal qualifications of practitioners of dentistry,**
**including measures to facilitate the effective exercise of the right of establishment and free-**
**dom** **to provide services (OJ** **L** **233,** **24/08/78)**

Amendments

Access Treaty / EL
Access Treaty / E-P

Transposition

Council Dir. 90/658 (OJ L 353, 17/12/90)
Council Dir. 89/594 (OJ L 341, 23/11/89)

DK

I

I

I

D

I

I

NN

EL

I

I

I

E

I

I

I

F

I

IR

I

I

I

I

IR

P

I

I

I

IRL

I

I

I

NL

I

I

I

L

I

I

I

UK

I

I

IR

Comments

B

I

I

IR

Dir. 78/686

Dir. 89/594

Dir. 90/658

28/01/80

08/05/91

01/07/91

**78/687/EEC : Council Directive of** **25** **July 1978 concerning the coordination of provisions laid**
**down by law, regulation or administrative action in respect of the activities of dental practi-**
**tioners (OJ** **L** **233,** **24/08/78)**

Amendments

Access Treaty / EL
Access Treaty / E-P

Transposition

Council Dir. 90/658 (OJ L 353, 17/12/90)
Council Dir. 89/594 (OJ L 341, 23/11/89)

DK

I

I

I

EL

I

I

I

E

I

I

I

F

I

IR

I

IRL

I

I

I

NL

I

I

I

D

I

I

NN

I

I

I

IR

L

I

I

I

P

I

I

I

UK

I

I

IR

Comments

B

I

I

IR

Dir. 78/687

Dir. 89/594

Dir. 90/658

28/01/80

08/05/91

01/07/91

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET                            - 1993 REPORT

ANNEX2

**78/1026/EEC : Council Directive of 18 December 1978 concerning the mutual recognition of**
**diplomas, certificates and other evidence of formal qualifications in veterinary medicine,**
**including measures to facilitate the effective exercise of the right of establishment and free-**
**dom to provide services (OJ** **L** **362,** **23/12/78)**

Amendments

Access Treaty / EL
Access Treaty / E-P

Transposition

Council Dir. 89/594 (OJ L **341,** 23/11/89)
Council Dir. 90/658 (OJ **L** 353, **17/12/90)**

NL

1

1

1

P

1

IR

IR

L

1

1

1

EL

1

1

1

E

1

1

1

UK

1

1

1

IRL

1

1

1

1

1

IR

IR

DK

1

1

1

D

1

1

NN

F

1

IR

1

Comments

B

1

1

1

Dir. 78/1026

Dir. 89/594

Dir. 90/658

22/12/80

08/05/91

01/07/91

**78/1027/EEC** **: Council Directive of 18 December 1978 conceming the coordination of provi-**
**sions laid down by law, regulation or administrative action in respect of the activities of**
**veterinary surgeons (OJ** **L** **362, 23/12/87)**

Amendments

Council Dir. 89/594 (OJ L 341, 23/11/89)

Transposition

EL

1

1

NL

1

1

E

1

1

F

1

IR

IRL

1

1

1

1

IR

P

1

IR

L

1

1

DK

1

1

D

1

1

UK

1

1

Comments

B

I

I

Dir. 78/1027

Dir. 89/594

22/12/85

08/05/91

**80/154/EEC** **: Council Directive of 21 January 1980 concerning the mutual recognition of**
**diplomas, certificates and other evidence of formal qualifications in midwifery and including**
**measures to facilitate the effective exercise of the right of establishment and freedom to pro-**
**vide services (OJ** **L 33,11/02/80)**

Amendments

Access Treaty / E - P
Council Dir. 89/594 (OJ L 341, 23/11/89)

Transposition

Council Dir. 90/658 (OJ L 353, 17/12/90)
Council Dir. 80/1273 (OJ L 375, 31/12/80)

NL

1

1

1

IR

P

1

1

1

1

L

1

1

1

1

E

1

1

1

1

F

1

1

1

1

D

1

1

1

NN

EL

1

1

1

1

IRL

1

1

1

1

1

1

1

IR

IR

UK

1

1

1

IR

Comments

DK

I

I

I

I

B

I

I

I

IR

Dir. 80/154

Dir. 80/1273

Dir. 89/594

Dir. 90/658

24/01/83

24/01/83

08/05/91

01/07/91

**10.** **80/155/EEC : Council Directive of** **21** **January 1980 concerning the coordination of provisions**
**laid down by law, regulation or administrative action relating to the taking up and pursuit of**
**the activities of** **midwives** **(OJ L** **33,11/02/80)**

Amendments

Council Dir. 89/594 (OJ L 341, 23/11/89)

Transposition

E

I

I

F

I

I

EL

I

I

IRL

I

I

I

I

IR

P

I

I

DK

I

I

D

I

I

L

I

I

NL

I

I

UK

I

I

Comments

B

I

I

Dir. 80/155

Dir. 89/594

24/01/83

08/05/91

l« measures notified; Nl= measures not incorporated; D= derogation; IRa Infringement proceedings under way; NN= no measures necessary^

THE COMMUNITY INTERNAL MARKET -1993 REPORT

10 ANNEX 2

**11**

**12.**

**13.**

**14.**

**86/457/EEC : Council Directive of 15 September** **1986** **on specific training in general medical**
**practice (OJ** **L 267,19/09/86)**

Transposition

**81/1057/EEC:** **Council Directive of 14 December 1981 supplementing Directives** **75/362/EEC,**
**77/452/EEC,** **78/686/EEC and 78/1026/EEC conceming the mutual recognition of diplomas,**
**certificates and other evidence of** **the** **formal qualifications of** **doctors,** **nurses responsible for**
**general care, dental practitioners and veterinary surgeons respectively, with regard to**
**acquired rights (OJ** **L** **385, 31/12/81)**

Transposition

DK

I

D

I

EL | E

 - I '

F

I

IRL

I

L

I

NL

I

I

I

P

I

UK

I

Comments

I Dir. 81/1057130/06/82

B

I

**85/432/EEC** **: Council Directive of 10 June 1985 on the mutual recognition of diplomas, certifi-**
**cates and other evidence of** **formal** **qualifications in architecture, including measures to facili-**
**tate the effective exercise of** **the** **right of establishment and freedom to provide services**
**(OJ** **L** **253,** **24/09/85)**

Transposition

DK

I

D

1

E

1

IRL

1

EL

1

F

1

1

1

UK

1

L

1

NL

1

P

1

Comments

Dir. 85/432 01/10/87

B

IR

**85/433/EEC : Council Directive of 16 September 1985 concerning the mutual recognition of**
**diplomas, certificates and other evidence of formal qualifications in pharmacy, including**
**measures to facilitate the effective exercise of the right of establishment relating to certain**
**activities in the field of pharmacy (OJ** **L** **253,** **24/09/85)**

Amendments

Council **Dir.** 85/584 (OJ L 372, 31/12/85)
Council **Dir.** 90/658 (OJ L 353, 17/12/90)

Transposition

DK

I

I

I

>D

I

I

NN

EL

I

I

I

E

I

I

1

IRL

1

1

1

F

1

1

IR

1

1

1

IR

NL

1

1

1

P

1

1

IR

UK

1

1

IR

L

1

1

1

Comments

B

IR

IR

IR

Dir. 85/433

Dir. 85/584

Dir. 90/658

01/10/87

01/10/87

01/07/91

DK

I

D

IR

EL

I

E

1

IRL

1

F

1

L

1

1

1

NL

1

P 1 UK

1 j 1

Comments
D: partial transposition

Dir. 86/457 01/01/88

B

I

112.4. Krchïtlëtll

**85/384/EEC : Council Directive of 10 June 1985 on the mutual recognition of diplomas, certifi-**
**cates and other evidence of** **formal** **qualifications in architecture, including measures to facili-**
**tate the effective exercise of** **the** **right of establishment and freedom to provide services**

**(OJL** **223, 21/08/85)**

Amendments

Council Dir. 85/614 (OJ L 376, 31/12/85)
Council Dir. 86/17 (OJ L 27, 01/02/86)
Council Dir. 90/658 (OJ L 353, 17/12/90)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

DK

1

1

1

NN

EL

1

1

1

NN

1

1

1

1

NN

UK

1

1

1

NN

ANNEX2 11

Comments

D

1

1

1

NN

F

1

1

1

NN

IRL

1

1

1

NN

NL

1

1

1

NN

P

1

1

1

NN

E

IR

IR

IR

NN

L

1

1

1

NN

B

1

1

1

NN

Dir. 85/384

Dir. 85/614

Dir. 86/17

Dir. 90/658

05/08/87

05/08/87

05/08/87

01/07/91

**1,2,5.** **Distributive trades and intermediaries**

**1.** **64/222/EEC** **: Council Directive of 25 February 1964 laying down detailed provisions concern-**
**ing transitional measures in respect of activities in wholesale trade and activities of interme-**
**diaries in commerce, industry and small craft industries (OJ L** **56,** **04/04/64)**

Transposition

EL

I

**DK**

**I**

**D**

**I**

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

Dir. 64/222 26/08/67

**B**

**I**

**64/223/EEC** **: Council Directive of 25 February 1964 concerning the attainment of freedom of**
**establishment and freedom to provide services in respect of activities in wholesale trade**
**(OJ L 56, 04/04/64)**

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

**I**

D

I

EL

I

E

I

F

I

I

I

L

I

UK

I

IRL

I

NL

I

P

I

Comments

Dir. 64/223 26/08/67

B

I

**64/224/EEC** **: Council Directive of 25 February 1964 concerning the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of intermediaries in**
**commerce, industry and small craft industries** (OJ L 56, **04/04/64)**

Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL
Access Treaty / E-P

Transposition

DK

I

EL

I

E

I

D

I

F

I

IRL

I

NL

I

I

I

L

I

UK

I

P

I

Comments

Dir. 64/224 26/08/67

B

**I**

**68/363/EEC : Council Directive of 15 October 1968 concerning the attainment of freedom of**
**establishment and freedom to provide services in respect** **of** **activities of self-employed per-**
**sons in retail trade** **(ISIC** **ex Group 612) (OJ L** 260, 22/10/68)

Amendments

Access Treaty / DK-IRL-UK

Transposition

B DK EL IRL NL UK Comments

**Dir.** 68/363 16/07/69

|g measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

12 ANNEX2

**5.**

**7.**

10.

**75/369/EEC** : **Council Directive of 16 June 1975 on measures to facilitate the effective exercise**
**of freedom of establishment and freedom to provide services in respect of itinerant activities**
**and,** **in particular, transitional measures in respect of those activities** (OJ L 167, 30/06/75)

Transposition

**68/364/EEC** **: Council Directive of 15 October 1968 laying down detailed provisions concern-**
**ing transitional measures in respect of activities of** **self-employed** **persons in retail trade** **(ISIC**
**ex Group 612)** (OJ L 260, 22/10/68)

Transposition

B DK EL
| **Dir. 68/364** 116/07/69 | I f l I I I

IRL I NL UK Comments

**70/522/EEC** **: Council Directive of 30 November 1970 conceming the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of self-employed per-**
**sons in the wholesale coal trade and activities of intermediaries in the coal trade (ISIC ex**
**Group** **6112)** (OJ L 267,10/12/70)

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

**I**

D

**I**

EL

I

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

| Dir. 70/522 01/06/71

B

**I**

**70/523/EEC : Council Directive of 30 November 1970 laying down detailed provisions**
**concerning transitional** **measures** **in respect of activities of self-employed persons in the**
**wholesale coal trade and in respect of activities of intermediaries in the coal trade (ISIC ex**
**Group** **6112)** (OJ L 267, 10/12/70)

Transposition

**D**

1

DK

**1**

EL

1

E

1

F

1

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

| Dir. 70/523 101/06/71

B

I

**74/556/EEC** **: Council Directive of 4 June 1974 laying down detailed provisions concerning**
**transitional measures relating to activities, trade in and distribution of toxic products and**
**activities entailing the professional use of such products including activities of intermediar-**
**ies** (O J **L** 307, 18/11/74)

Transposition

DK

I

D

I

EL

1

E

1

F

1

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

Dir. 74/556 18/07/75

B

I

74/557/EEC : Council Directive **of 4** June **1974 on the attainment of freedom of establishment**
**and freedom to provide services in respect of activities of self-employed persons and of**
intermediaries engaging in **the trade and distribution of toxic products (OJ L** **307,18/11/74)**

Transposition

DK

I

D

I

EL

I

E

1

F

1

IRL

1

1

1

L

1

NL

1

UK

1

P

1

Comments

Dir. 74/557 18/07/75

B

I

IRL

1

1

1

DK

I

EL | E

' I '

F

I

D

I

P

1

NL

1

UK

1

L

1

Comments

Dir. 75/369 18/06/76

B

I

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2 13

**11.** **86/653/EEC : Council Directive of 18** **December 1986** **on the coordination of the laws of the**
**Member States relating to** **self-employed** **commercial agents (OJ L 382, 31/12/86)**

**Transposition**

DK

**1**

EL

1

E

1

D

**1**

F [ IRL

1 0

1

1

UK

D

Comments
IRL-UK- derogation

P

1

L

IR

NL

1

Dir. 86/653 01/01/90

B

IR

**1.2.6;** **Industry and small craft industries**

**1.** **64/427/EEC** **: Council Directive of 7 July 1964 laying down detailed provisions conceming**
**transitional measures in respect of activities of self-employed persons in manufacturing and**
**processing industries falling within** **ISIC** **Major Groups** **23-40** **(Industry and small craft indus-**
**tries) (OJ L 117, 23/07/64)**

Amendments

**Council Dir.** 69/77 (OJ L 59, 10/03/69)

Transposition

DK

**I**

I

E

I

I

D

I

I

EL

I

I

F

I

I

IRL

I

I

I

I

I

UK

1

1

L

I

I

NL

I

I

P

1

1

Comments

B

**I**

**I**

Dir. 64/427

Dir. 69/77

09/01/65

05/03/69

**64/428/EEC** **: Council Directive of 7 July 1964 concerning the attainment of freedom of estab-**
**lishment and freedom to provide services in respect of activities of self-employed persons in**
**mining and quarrying (ISIC Major Groups** **11-19)** **(OJ L 117, 23/07/64)**

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

I

D

I

EL

I

E

I

F

I

IRL

I

I L

I I

P

I

UK

I

NL

I

Comments

Dir. 64/428 09/01/65

B

I

**64/429/EEC** **: Council Directive of 7 July 1964 concerning the attainment of freedom of estab-**
**lishment and freedom to provide services in respect of activities of self-employed persons in**
**manufacturing and** **processing** **industries falling within ISIC Major Groups 23-40 (Industry**
**and small craft industries)** (OJ **L 117,** 23/07/64)

Amendments

Access Treaty / DK-IRL-UK

Transposition

B DK D EL IRL NL UK Comments

**Dir. 64/429** 09/01/65

**66/162/EEC** **: Council Directive of 28 February 1966 concerning the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of self-employed per-**
**sons engaging in the provision of electricity, gas, water and sanitary services (ISIC Division**
**5)** (OJ **L** **42,** 08/03/66)

Amendments

Access Treaty / DK-IRL-UK

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary]

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

14 ANNEX2

Transposition

I Dir. 66/162 01/09/66

**B**

**1**

DK

**1**

**D**

**1**

EL

1

E I F

1 j 1

IRL

1

NL 1 P

1 j 1

UK

1

Comments

1

1

L

1

**5.**

**68/365/EEC : Council Directive of 15 October 1968 concerning the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of self-employed per-**
**sons in the food manufacturing and beverage industries (ISIC Major Groups 20 and 21)**
**(OJL** **260, 22/10/68)**

**Amendments**

**Access Treaty / DK-IRL-UK**

**Transposition**

DK EL IRL | I | L | NL | P I UK | Comments
**I I I I I I** **I"** **I I I «7**

**Dir. 68/365** **17/04/69**

**B**

I

**68/366/EEC : Council Directive of 15 October** **1968** **laying down detailed provisions concern-**
**ing transitional measures in respect of activities of self-employed persons in the food manu-**
**facturing and beverage industries (ISIC Major Groups 20 and 21) (OJ L 260,** **22/10/68)**

Transposition

**DK**

**I**

**D**

**I**

IRL

I

E

IR

F

I

I

I

L

I

NL

I

P

I

UK

I

Comments
E: partial transposition

I Dir. 68/366 117/04/69

**B**

**I**

EL

I

**69/82/EEC** **: Council Directive of 13 March 1969 concerning the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of** **self-employed** **per-**
**sons engaging in exploration (prospecting and drilling) for petroleum and natural gas (ISIC**
**ex Major Group** **13)** (OJ L 68,19/03/69)

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

I

D

1

EL

1

IRL

1

E

1

F

1

1

1

NL

1

L

1

P

1

UK

1

Comments

| Dir. 69/82 14/09/69

B

I

**i;2.7.** **Incidental transport activities**

**82/470/EEC** **: Council Directive of 29 June 1982 on measures to facilitate the effective exercise**
**of freedom of establishment and freedom to provide services in respect of activities of self-**
**employed persons in certain services incidental to transport and travel agencies (ISIC Group**
**718) and in storage and warehousing (ISIC Group 720)** (OJ **L** 213, 21/07/82)

Amendments

Access Treaty / E-P

Transposition

DK

I

IRL | I | L | NL

I I I I I I I

P

I

D

I

EL

I

E

I

F

I

UK

I

Comments

Dir. 82/470 05/01/84

B

I

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX 2 15

**1,2.8.**

**Film industry**

**1.**

**2.**

**65/264/EEC : Second Council Directive of 13 May 1965 implementing in respect of the film**
**industry the provisions of the General Programmes for the abolition of restrictions on free-**
**dom of establishment and freedom to provide services (OJ L** **85,** 19/05/65)

Amendments

Access Treaty / DK-IRL-UK

Transposition

B DK D EL IRL NL UK Comments

**Dir. 65/264** 14/11/65

**68/369/EEC** **: Council Directive of 15 October** **1968** **concerning the attainment of freedom of**
**establishment in respect of activities of self-employed persons in film distribution**
**(OJL** **260,** **22/1** 0/68)

Amendments

Access Treaty / DK-IRL-UK

Transposition

B DK EL IRL NL UK Comments

**Dir. 68/369** _\_ 17/04/69

**70/451/EEC : Council Directive of 29 September 1970 concerning the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of self-employed per-**
**sons in film production** (OJ L 218, 03/10/70)

Amendments

Access Treaty / DK-IRL-UK

Transposition

**63/607/EEC : Council Directive of 15 October 1963 implementing in respect of the film indus-**
**try the provisions of the General Programme for the abolition of** **restrictions** **on freedom to**
**provide services (OJ L** **159,** **02/11/63)**

Transposition

**DK**

**I**

**D**

**1**

E

1

IRL

1

UK

1

EL

1

F

1

1

1

L

1

NL

1

P

1

Comments

| Dir. 63/607 115/04/64

**B**

**I**

B DK EL IRL NL UK Comments
I **Dir.** **70/451** **1** 02/04/71 | I | I | I | I | I | I | I | I | I | I

**':#;*&!».***** **Agriculture**

**1.** **63/261/EEC** **: Council Directive of 2 April 1963 laying down detailed provisions for the attain-**
**ment of freedom of establishment in agriculture in the territory of a Member State in respect**
**of nationals of other countries of the Community who have been employed as paid agricul-**
**tural workers in that Member State for a continuous period of two years** (OJ **L** 62, 20/04/63)

Amendments

Access Treaty / DK-IRL-UK

Transposition

B DK EL
Dir. 63/261 _\_ 03/10/63 | I | T I I I I I I I

IRL NL

I I I !

UK Comments

N measures notified; Nl= measures not incorporated; P= derogation; IR* infringement proceedings under way; NN= no measures necessary

_THE COMMUNITY INTERNAL_ _MARKET-_ _1993 REPORT_

16 ANNEX2

**2.**

**3.**

**4.**

**63/262/EEC** **: Council Directive of 2 April 1963 laying down detailed provisions for the attain-**
**ment of** **freedom** **of establishment on agricultural holdings abandoned or left uncultivated for**
**more than two years (OJ** **L** **62,** **20/04/63)**

Amendments

Access Treaty / DK-IRL-UK

Transposition

**67/530/EEC : Council Directive of 25 July** **1967** **concerning the freedom of nationals of a Mem-**
**ber State established as farmers in another Member State to transfer from one holding to**
**another** **(OJ** **L** **190,10/08/67)**

**Amendments**

**Access Treaty** **/ DK-IRL-UK**

**Transposition**

DK

1

UK

1

D

1

EL

1

E

1

F

1

NL

1

L

1

IRL

1

1

1

P

1

Comments

I Dir. 63/262 103/10/63

B

1

**65/1/EEC : Council Directive of 14 December 1964 laying down detailed provisions for the**
**attainment of** **freedom** **to provide services in agriculture and horticulture (OJ** **L1,** **08/01/65)**

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

I

D

I

IRL

1

1

1

EL

1

E

1

F

1

NL

1

L

1

P

1

UK

1

Comments

| Dir. 65/1 |15/06/65

B

I

B DK EL

**Dir.** 67/530 _\_ 26/01/68 | T I I I I I I I

IRL

I I

NL UK Comments

**67/531/EEC** **: Council Directive of 25 July 1967 concerning the application of the laws of**
**Member States relating to agricultural leases to farmers who are nationals of other Member**
**States (OJ L** **190,** **10/08/67)**

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

I

D

I

IRL

I

EL

I

E

I

F

I

I

I

L

I

NL

I

P

I

UK

I

Comments

Dir. 67/531 26/01/68

B

I

**67/532/EEC** **: Council Directive of** **25** **July 1967 concerning freedom of access to co-operatives**
**for farmers who are nationals of one Member State and established in another Member State**
**(OJL** **190, 10/08/67)**

Amendments

Access Treaty / DK-IRL-UK

Transposition

B DK D EL IRL NL UK Comments
Dir. 67/532 26/01/68 I

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2 17

**7.** **67/654/EEC** **: Council Directive of 24 October 1967 laying down detailed provisions for the**
**attainment of freedom of establishment and freedom to provide services in respect of activi-**
**ties of** **self-employed** **persons in forestry and logging (OJ L 263,** **30/10/67)**

Amendments

Access **Treaty** / DK-IRL-UK

Transposition

D

**1**

EL

1

E

1

IRL

1

DK

1

F

1

P

1

UK

1

Comments

L

1

1

1

NL

1

| Dir. 67/654 124/06/68

B

1

**8.** **68/192/EEC** **: Council Directive of 5 April 1968 concerning freedom of access to the various**
**forms of credit for farmers who are nationals of one Member State and established in** **another**
**Member State** (OJ L 93,17/04/68)

Amendments

Access Treaty / DK-IRL-UK

Transposition

**D**

**I**

EL

I

E

I

L

I

NL

I

P

I

UK

I

Comments

DK

**I**

F

I

IRL

I

I

I

I Dir. 68/192 24/04/68

B

**I**

**68/415/EEC** **: Council** **Directive** **of 20 December 1968 concerning freedom of access to the**
**various forms of aid for farmers who are nationals of one Member State and established in**
**another Member State (OJ L** **308,23/12/68)**

Transposition

**D**

**I**

EL

I

E

I

F

I

IRL

I

L

I

Comments

**DK**

**I**

I

I

NL

I

P

I

UK

I

| Dir. 68/415 120/06/69

**B**

**I**

**10.** **71/18/EEC** **: Council Directive of 16 December** **1970** **laying down detailed provisions for the**
**attainment of freedom of establishment in respect of self-employed persons providing** **agri-**
**cultural and horticultural services (OJ L** **8,11/01/71)**

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

I

D

I

EL

I

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

Dir. 71/18 18/06/71

B

I

**1.2.10.** **Other sectors**

**1,2.10,1,** **Real estate**

**1.** **67/43/EEC : Council Directive of 12 January** **1967** **concerning the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of self-employed per-**
**sons concerned with: 1. Matters of** **'real** **estate' (excluding 6401) (ISIC Group ex 640) 2. The**
**provision of certain 'business services not elsewhere** **classified*** **(ISIC Group 839)**
(OJL **10,** 19/01/67)

Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL
Access Treaty / E-P

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**18** **ANNEX2**

Transposition

I Dir. 67/43 113/07/67

Comments

IRL

1

P

1

UK

1

L

1

**B**

**I**

**DK**

**I**

F

1

1

1

NL

1

EL

1

E

1

**D**

**I**

**1*2:10,2*** **Personal services**

**1.** **68/367/EEC** **: Council Directive of 15 October 1968 conceming the attainment of freedom of**
**establishment and freedom to provide services in respect of activities of self-employed** **per-**
**sons in the personal services sector (ISIC ex Major Group 85); 1. Restaurants, cafes, taverns**
**and other drinking and eating places (ISIC Group** **852);** **2. Hotels, rooming houses, camps and**
**other lodging places (ISIC Group 853) (OJ** **L 260,29/10/68)**

**Amendments**

**Access Treaty** **/ DK-IRL-UK**

TransDo^ition

**DK**

**I**

EL

1

**D**

**1**

E

1

F

1

IRL

1

1

1

P

1

UK

1

L

1

NL

1

Comments

I Dir. 68/367 116/04/69

**B**

**I**

1.2110.3, Halrdressing

**1.** **82/489/EEC** **: Council Directive of** **19** **July 1982 laying down measures to facilitate the effective**
**exercise of the right of establishment** **and** **freedom to provide services in hairdressing**
**(OJL** **218,** **22/07/82)**

Transposition

**DK**

**I**

F

1

IRL

1

L

1

EL

1

E

IR

1

1

NL

1

**D**

**1**

P

1

UK

1

Comments
E: partial transposition

I Dir. 82/489 123/01/84

**B**

**I**

**| N** **measures** **notified;** **Nl=** **measures not** **incorporated;** **D=** **derogation;** **IR= infringement proceedings under** **way,** **NN=** **no measures necessary**

**THEtCOMMUNITY** **INTERNAL MARKET** **-1993** **REPORT**

ANNEX2 19

**11** iiillMiiiiiiliiiliii

**ïï!** **Technical harmonization and standards**

**2.1.1.** **Agricultural** **products**

**2.11*1.** Veterinary legislation

2,1.1.11 » Veterinary checks

**1.** **64/432/EEC** **: Council Directive of 26 June 1964 on animal health problems affecting intra-**
**Community trade in bovine animals and swine (OJ L** **121,29/07/64)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Council Dir. 66/600 (OJ L 192, 27/10/66)
Council Dir. 71/285 (OJ L 179, 09/08/71)
Council Dir. 72/97 (OJ L 38, 12/02/72)
Council Dir. 72/445 (OJ L 298, 31/12/72)
Council Dir. 73/150 (OJ L 172, 28/06/73)
Council Dir. 77/98 (OJ L 26, 31/01/77)
Council Dir. 79/109 (OJ L 29, 03/02/79)
Council Dir. 79/111 (OJ L 29, 03/02/79)
Council Dir. 80/219 (OJ L 47, 21/02/80)
Council Dir. 80/1098 (OJ L 325, 01/12/80)
Council Dir. 80/1274 (OJ L 375, 31/12/80)
Council Dir. 82/61 (OJ L 29, 06/02/82)
Council Dir. 84/336 (OJ L 177, 04/07/84)
Council Dir. 84/643 (OJ L 339, 27/12/84)

Implementing measures

Commission Dec. 79/837 (OJ L 257, 12/10/79)
Commission Dec. 80/775 (OJ L 224, 27/08/80)
Commission Dec. 80/984 (OJ L281, 25/10/80)
Commission Dec. 85/445 (OJ L 260, 02/12/85)
Commission Dec. 88/267 (OJ L 107, 28/04/88)
Council Dec. 89/21 (OJ L 9, 12/01/89)
Commission Dec. 89/31 (OJ L 15, 19/01/89)
Commission Dec. 89/91 (OJ L 32, 03/02/89)
Commission Dec. 89/469 (OJ L 225, 03/08/89)
Commission Dec. 90/29 (OJ L 16, 20/01/90)
Commission Dec. 90/208 (OJ L 108, 28/04/90)
Council Dec. 90/654 (OJ L 353, 17/12/90)

Transposition

Council Dir. 84/644 (OJ L 339, 27/12/84)
Council Dir. 85/320 (OJ L 168, 28/06/85)
Council Dir. 85/586 (OJ L 372, 31/12/85)
Council Reg. 3768/85 (OJ L 362, 31/12/85)
Council Dec. 87/231 (OJ L 99, 11/04/87)
Council Dir. 87/489 (OJ L 280, 03/10/87)
Council Dir. 88/406 (OJ L 194, 22/07/88)
Council Dir. 89/360 (OJ L 153, 06/06/89)
Council Dir. 90/422 (OJ L 224,18/08/90)
Council Dir. 90/423 (OJ L 224, 18/08/90)
Council Dir. 90/425 (OJ L 224,18/08/90)
Council Dir. 91/497 (OJ L 268, 24/09/91)
Council Dir. 91/499 (OJ L 268, 24/09/91)
Council Dir. 91/687 (OJ L 377, 31/12/91)
Council Dir. 92/65 (OJ L 268,14/09/92)
Council Dir. 92/102 (OJ L 355, 05/12/92)

Council Dec. 90/678 (OJ L 373, 31/12/90)
Commission Dec. 91/112 (OJ L 58, 05/03/91)
Commission Dec. 92/103 (OJ L 39, 15/02/92)
Commission Dec. 93/24 (OJ L 16, 25/01/93)
Commission Dec. 93/42 (OJ L 16, 25/01/93)
Commission Dec. 93/200 (OJ L 87, 07/04/93)
Commission Dec. 93/244 (OJ L 111, 05/05/93)
Commission Dec. 93/341 (OJ L 136, 05/06/93)
Commission Dec. 93/443 (OJ L 205, 17/08/93)
Commission Dec. 93/663 (OJ L 303, 10/12/93)
Commission Dec. 93/664 (OJ L 303, 10/12/93)

D

1

1

1

NN

NN

NN

1

1

NI

1

1

DK

1

1

1

NN

NN

NN

NI

1

NN

1

1

EL

1

1

1

NN

NN

NN

NI

1

1

1

1

E

1

1

1

NN

NN

NN

1

1

NN

1

1

IRL

1

1

1

NN

NN

NN

NI

1

NN

1

1

L

1

1

1

NN

NN

NN

NI

1

NI

1

1

F

1

«

1

NN

NN

NN

NN

1

NI

1

1

1

1

1

1

NN

NN

NN

NL

1

1

1

NN

NN

NN

1

1

NI

1

1

P

1

1

1

1

1

1

1

1

NN

1

1

UK

1

1

1

NN

NN

NN

NI

1

NN

1

1

Comments

B

1

1

1

NN

NN

NN

1

1

NI

I

1

Dir. 64/432

Dir. 66/600

Dir. 71/285

Dir. 72/97

Dir. 72/445

Dir. 73/150

Dir. 77/98

Dir. 79/109

Dir. 79/111

Dir. 80/219

Dir. 80/1098

30/06/65

26/06/67

23/07/72

01/01/77

31/03/79

30/06/79

01/01/80

01/07/81

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**20** **ANNEX2**

Dir. 80/1274

Dir. 82/61

Dir. 84/336

Dir. 84/643

Dir. 84/644

Dir. 857320

Dir. 85/586

Dir. 87/489

Dir. 88/406

Dir. 89/360

Dir. 90/422

Dir. 90/423

Dir. 90/425

Dir. 91/497

Dir. 91/499

Dir. 91/687

Dir. 92/65

Dir. 92/102

01/01/81

**01/01/82**

**30706784**

**31/12/84**

**30/09/85**

**01/01/86**

**01/01/86**

**31/12/88**

**01/07/88**

**01/10/89**

**01/07/90**

**01/01/92**

**01/07/92**

**01/01/93**

**01/01/92**

**01/07/92**

**01/01/94**

**01/02/93**

NN

NN

NN

1

1

1

NN

1

1

1

1

1

IR

1

1

IR

NI

IR

NN

NN

NN

1

1

1

1

1

1

1

1

IR

1

1

1

IR

NI

IR

1

NN

IR

IR

IR

IR

NI

IR

NN

NN

NN

1

1

1

NN

1

1

1

1

1

IR

IR

1

1

NI

IR

NN

NN

NN

1

1

1

NN

1

1

1

1

1

1

1

1

IR

NI

IR

NN

NN

NN

1

1

1

NN

1

1

NN

1

1

IR

1

1

1

NI

IR

1

1

1

1

1

1

1

1

1

1

1

1

1

IR

IR

IR

NI

IR

1

1

NN

1

1

1

1

1

1

1

1

1

1

IR

1

IR

NI

IR

NN

NN

NN

1

1

1

NN

1

NN

1

1

1

1

1

1

1

NI

IR

1

NN

NN

IR

NI

1

NN

**NN**

**NN**

**1**

**1**

**1**

**NN**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**IR**

**1**

**fR**

NN

**NN**

**NN**

**1**

**NN**

**1**

**NN**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**NI**

**1**

P: partial transposition

**2.** **64/433/EEC** **: Council** **Directive** **of 26 June** **1964** **on health problems affecting intra-Community**
**trade in fresh meat** (OJ **L** 121,29/07/64)

Dérogations

Commission Dec. 87/260 (OJ L 123; 12/05/87)
Commission Dec. 87/562 (OJ L 341, 03/12/87)
Commission Dec. 88/235 (OJ L 105, 26/04/88)
Commission Dec. 88/363 (OJ L 177, 08/07/88)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Council Reg. 3768/85 (OJ L 362, 31/12/85)
Council Reg. 3805/87 (OJ L 357,19/12/87)

Implementing measures

Commission Dec. 84/371 (OJ L 196, 26707/84)
Commission Dec. 85/446 (OJ L 260, 02/10785)
Commission Dec. 87/260 (OJ L 123, 12/05/87)
Commission Dec. 87/266 (OJ L 126, 15/05/87)
Commission Rec. 89/214 (OJ L 87, 31/03/89)
Commission Dec. 90/11 (OJL 7,10/01/90)
Commission Dec. 90/30 (OJ L 16, 20/01/90)

Transposition

Commission Dec. 90/30 (OJ L 16, 20/01/90)
Commission Dec. 90/31 (OJ L16, 20/01/90)
Commission Dec. 90/469 (OJ L 255,19/09/90)
Council Dir. 92/120 (OJ L 62,15703/93)

Council Dir. 91/497 (OJ L 268,24/08/91)
Council Dir. 92/5 (OJ L 57, _02103192)_
Commission Dec. 92/478 (OJ L 282, 26709/92)

Commission Dec. 90731 (OJ L 16, 20/01/90)
Commission Dec. 90/200 (OJ L 105, 25/04/90)
Commission Dec. 90/514 (OJ L 286, 18/10790)
Commission Dec. 90/515 (OJ L 286, 18/10/90)
Commission Dec. 93/256 (OJ L 118, 14/05/93)
Commission Dec. 93/257 (OJ L 118, 14/05/93)

NL

1

IR

IR

**DK**

**1**

**1**

**IR**

D

1

IR

IR

EL

1

IR

IR

E

1

I

IR

IRL

1

1

IR

P

1

IR

1

/

L

1

1

1

F

1

1

1

1

1

IR

1

UK

1

1

IR

Comments

P: partial transposition
certain derogations
granted by Dire 90/675
and 91/496
E: partial transposition

B

**I**

**1**

**1**

Dir. 64/433

Dir. 91/497

Dir. 92/5

Dir. 92/120

30/06/65

01/01/93

01/01/93

01/01/93

**3.** **68/361/EEC:** **Council Decision of 15 October 1968 setting up a Standing Veterinary**
**Committee (OJ L** **255,18/10/68)**

**11=** **measures** **notified;** **Nl= measures not** **incorporated;** **D=** **derogation;** **IR= infringement proceedings under** **way;** **NN= no measures necessary**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**ANNEX2** **21**

**4.** **71/118/EEC: Council Directive of 15 February 1971 on health problems affecting trade in**
**fresh poultrymeat** (OJ L 55, 08/03/71)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 75/431 (OJ L 192, 24/07/76)
Council Dir. 78/50 (OJ L 15, 19/01/78)
Council Dir. 80/216 (OJ L 47, 21/02/80)
Council Dir. 81/476 (OJ L 186, 08/07/81)
Council Dir. 84/642 (OJ L 339, 27/12/84)
Council Dir. 85/324 (OJ L 168, 28/06/85)

Implementing measures

Commission Dir. 80/879 (OJ L 251, 24/09/80)
Commission Dec. 87/266 (OJ L 126,15/05/87)

Transposition

Council Dir. 85/326 (OJ L 168, 28/06/85)
Council Reg. 3768/85 (OJ L 362, 31/12/85)
Council Reg. 3805/87 (OJ L 357, 19/12/87)
Council Dir. 88/657 (OJ L 382, 31/12/88)
Council Dir. 89/662 (OJ L 395, 30/12/89)
Council Dir. 90/654 (OJ L 353, 17/12/90)
Council Dir. 91/494 (OJ L 268, 24/09/91)
Council Dir. 92/116 (OJ L 62, 15/03/93)

Commission Dec. 90/514 (OJ L 286, 18/10/90)
Commission Dec. 92/189 (OJ L 87, 02/04/92)

DK

1

NN

1

NI

1

NN

NN

1

1

1

1

NI

1

D

1

NN

1

NI

1

NN

NN

NI

1

1

1

NI

1

EL

1

NN

1

NI

1

NN

NN

1

1

1

1

NI

IR

E

1

NN

1

1

1

1

NN

1

1

1

1

NI

1

1

1

NN

1

1

1

NN

1

1

1

1

1

NI

1

F

1

NN

1

1

1

NN

1

NI

1

1

IR

NI

IR

IRL

1

NN

1

1

1

NN

NN

NI

1

IR

IR

Ni

1

L

1

NN

NN

NI

1

NI

NN

NI

1

1

1

Ni

1

NL

1

NN

1

NI

1

NN

NN

NI

1

1

1

NI

1

P

NI

IR

UK

1

NN

1

NI

1

NN

NN

NI

1

1

1

NI

1

Comments

B

1

NN

1

1

1

1

1

1

1

1

1

NI

1

Dir. 71/118

Dir. 75/431

Dir. 78/50

Dir. 80/216

_Dir._ _80M79_

Dir. 81/476

Dir. 84/642

Dir. 85/324

Dir. 85/326

Dir. 88/657

Dir. 89/662

Dir. 90/654

Dir. 91/494

Dir. 92/116

18/02/73

01/01/77

01/01/78

01/02/80

01/01/81

01/07/87

31/12/84

01/01/86

01/01/92

01/07/89

01/05/92

01/01/94

**5.** **72/461/EEC** **: Council Directive of 12 December 1972 on health problems affecting intra-Com-**
**munity trade in fresh meat (OJ** **L** **302, 31/12/72)**

Amendments

Council Dir. 77/98 (OJ L 26, 31/01/77)
Council Dir. 80/213 (OJ L 47, 21/02/80)
Council Dir. 80/1099 (OJ L 325, 01/12/80)
Council Dir. 81/476 (OJ L 186, 08/07/81)
Council Dir. 84/336 (OJ L 177, 04/07/84)
Council Dir. 84/643 (OJ L 339, 27/12/84)
Council Dir. 85/322 (OJ L 168, 28/06/85)

Implementing measures

Council Dec. 89/21 (OJ L 9, 12/01/89)
Council Dec. 90/63 (OJ L 43, 17/02/90)
Commission Dec. 90/200 (OJ L 105, 25/04/90)
Council Dec. 90/654 (OJ L 353, 17/12/90)

Transposition

Council Reg. 3768/85 (OJ L 362, 31/12/85)
Council Dec. 87/231 (OJ L 99, 11/04/87)
Council Dir. 87/489 (OJ L280, 03/10/87)
Council Dir. 89/662 (OJ L 395, 30/12/89)
Council Dir. 91/266 (OJ L 134, 29/05/91)
Council Dir. 91/687 (OJ L 377, 31/12/91)
Council Dir. 92/118 (OJ L 62, 15/03/93)

Council Dec. 90/678 (OJ L 373, 31/12/90)
Commission Dec. 91/112 (OJ L 58, 05/03/91)
Commission Dec. 93/443 (OJ L 205, 17/08/93)

DK

I

NI

I

I

NN

NN

D

1

1

1

1

NN

NN

EL

1

NI

NN

1

NN

NN

E

NN

F

1

NN

NN

1

NN

NN

IRL

1

NI

NN

1

NN

NN

NN

1

NL

1

1

1

NN

NN

NN

P UK

1

NI

NI

1

NN

NN

Comments

B

NN

Dir. 72/461

Dir. 77/98

Dir. 80/213

Dir. 80/1099

Dir. 81/476

Dir. 84/336

01/01/74

01/01/77

31/12/80

01/07/81

30/06/84

L

1

NI

1

1

NI

NN

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**22** **ANNEX2**

Dir. 84/643

Dir. 85/322

Dir. 87/489

Dir. 89/662

Dir. 91/266

Dir. 91/687

Dir. 92/118

31/12/84

**01/01/86**

**31/12/88**

**01/07/92**

**01/01/88**

**01/07/92**

**01/01/93**

I

**I**

**I**

**I**

**I**

**IR**

**NI** **NI** NI

IR

NI NI NI

IR

NI

IR

NI

I

1

1

IR

1

IR

NI

1

1

1

IR

1

1

NI

IR

NI NI transposition:
01/01/93: arts 12(2), 17
01/01/94: other articles

**6.** **72/462/EEC** **: Council Directive of 12 December** **1972** **on health and veterinary inspection**
**problems upon importation of bovine animals and swine and fresh meat from third countries**
**(OJL302,** **31/12/72)**

**Amendments**

**Accession Treaty / EL**
**Council Dir.** **77/98** **(OJ L 26, 31/01/77)**
**Council Dir. 81/476 (OJ L 186, 08/07/81)**
**Council Dir.** **83/91** **(OJ L 59, 05/03/83)**
**Council Reg.** **3768/85** **(OJ L 362, 31/12/85)**
**Council Dir.** **88/289 (OJ** **L** **124,18/05/88)**
**Council Dir.** **88/657** **(OJ L 382, 31/12/88)**
**Council Dir.** **89/227** **(OJ L 93, 06/04/89)**
**Council Dir. 89/662 (OJ L 395, 30/12/89)**

**Implementing measures**

**Commission Dec. 78/539 (OJ L 164, 21/06778)**
**Commission Dec. 767685 (OJ L 227, 18/08/78)**
**Council Dec.** **79/542** **(OJ L 146, 14/06/79)**
**Commission Dec. 79/560 (OJ** **L147,15/06/79)**
**Commission Dec.** **80/790** **(OJ L 233, 04/09/80)**
**Commission Dec.** **80/799** **(OJ L** **234,** **05/09/80)**
**Commission Dec. 80/800 (OJ L 234, 05/09/80)**
**Commission Dec. 80/801 (OJ L** **234,** **05/09/80)**
**Commission Dec. 80/804 (OJ L** **236,** **09/09/80)**
**Commission Dec. 80/805 (OJ L 236, 09/09/80)**
**Commission Dec. 81/91 (OJ L 58, 05/03/81)**
**Commission Dec.** **81/92** **(OJ L 58,** **05/03/81)**
**Commission Dec. 81/325 (OJ L 129,** **15/05/81)**
**Commission Dec. 81/441 (OJ L 168, 25/06/81)**
**Commission Dec. 81/526 (OJ L 196, 18/07/81)**
**Commission Dec. 81/545 (OJ L 206, 27/07/81)**
**Commission Dec. 81/547 (OJ L** **2)6,** **27/07/81)**
**Commission Dec.** **81/662** **(OJ** **L** **237,** **22/08/81)**
**Commission Dec.** **81/713** **(OJ L** **257,** **10/09/81)**
**Commission Dec. 81/887 (OJ L 324,** **12/11/81)**
**Commission Dec.** **82/8** **(OJ L 8, 13/01/82)**
**Commission Dec.** **82/9** **(OJ L 8, 13/01/82)**
**Commission Dec.** **82/132** **(OJ L 60, 03/03/82)**
**Commission Dec.** **82/414** **(OJ L 182, 26/06/82)**
**Commission Dec.** **82/425** **(OJ L 186, 30/06782)**
**Commission Dec.** **82/426** **(OJ L 186, 30706782)**
**Council Dec.** **82/730** **(OJ L** **311,** **08/11/82)**
**Council Dec.** **82/731** **(OJ L** **311,** **08/11/82)**
**Council Dec.** **82/732** **(OJ L** **311,** **08/11/82)**
**Council Dec.** **82/733** **(OJ L** **311,** **08/11/82)**
**Council Dec.** **82/734** **(OJ L** **311,** **08/11/82)**
**Council Dec.** **82/735** **(OJ L** **311,** **08/11/82)**
**Council Dec.** **82/736** **(OJ L** **311,** **08/11/82)**
**Commission Dec.** **82/813** **(OJ L 343, 04/12/82)**
**Commission Dec.** **82/814** **(OJ L** **343,** **04/12/82)**
**Commission Dec.** **82/913** **(OJ L** **381,** **31/12/82)**
**Commission Dec.** **82/955** **(OJ L 386, 31/12/82)**
**Commission Dec.** **82/960** **(OJ L 386, 31/12/82)**

**Council Dir. 90/423 (OJ L** **224,18/08/90)**
**Council Dir. 907425 (OJ L224, 18/08/90)**
**Council Dir. 90/675 (OJ L 373, 31/12/90)**
**Council Dir.** **91/69** **(OJ L** **46,19/02/91)**
**Council Dir.** **91/266** **(OJ L 134, 29/05/91)**
**Council Dir. 91/497 (OJ L 268, 24/09/91)**
**Council Dir.** **91/688** **(OJ L 377, 31/12/91)**
**Council Reg.** **3763/91** **(OJ L 356, 24/12/91)**
**Council Reg. 1601/92 (OJ L 173, 27/06792)**

**Commission Dec. 83/70** **(OJL** **47, 19/02/83)**
**Commission Dec.** **83/84** **(OJ L 56,** **03/03/83)**
**Commission Dec.** **83/139** **(OJ L 93,** **13/04/83)**
**Commission Dec.** **83/199** **(OJ L 108, 26/04/83)**
**Commission Dec.** **83/218** **(OJ L** **121,** **07/05/83)**
**Commission Dec.** **83/234** **(OJ L 127,** **17/05/83)**
**Commission Dec.** **83/243** **(OJ L 129, 19/05/83)**
**Commission Dec.** **83/380** **(OJ L 222,** **13/08/83)**
**Commission Dec.** **83/384** **(OJ L 222,** **13/08/83)**
**Commission Dec.** **83/402** **(OJ L 233, 24/08/83)**
**Commission Dec. 83/421 (OJ L** **238,** **27/08/83)**
**Commission Dec. 83/423 (OJ L 238, 27/08/83)**
**Commission Dec. 83/532 (OJ L 297,** **29/10/83)**
**Commission Dec.** **84/24** **(OJ L 20, 25/01/84)**
**Commission Dec. 84/28** **(OJL** **21,** **26/01/84)**
**Commission Dec.** **84/292** **(OJ L 144,** **30/05/84)**
**Commission Dec.** **84/294** **(OJ L 144, 30705/84)**
**Commission Dec. 84/390 (OJ** **L** **211,** **08/08/84)**
**Commission Dec.** **84/295** **(OJ L 144, 30/05/84)**
**Commission Dec. 84/326 (OJ L 170, 29/06/84)**
**Commission Dec. 84/421 (OJ L 237, 05/09/84)**
**Commission Dec.** **85/164** **(OJ L 63,** **02/03/85)**
**Commission Dec.** **85/220** **(OJ L** **102,** **12/04/85)**
**Commission Dec. 85/414** **(OJ** **L 229, 28/08/85)**
**Commission Dec.** **85/468** **(OJ L 269,** **11/10/85)**
**Commission Dec. 85/539 (OJ L 334, 12/12/85)**
**Commission Dec. 85/628 (OJ L 379, 31/12/85)**
**Commission Dec. 86/63 (OJ L 72,** **15/03/86)**

**86/65** **(OJL** **72, 15/03/86)**

**Commission Dec.**

**86/72** **(OJ L 76, 21/03/86)**

**Commission Dec.**

**86/117** **(OJL** **99, 15/04/86)**

**Commission Dec.**

**86/149 (OJ L** **112,** **29/04/86)**

**Commission Dec.**

**86/191** **(OJ L 140, 27/05/86)**

**Commission Dec.**

**86/192 (OJ L 140, 27/05/86)**

**Commission Dec.**

**86/194** **(OJ L 142, 28/05/86)**

**Commission Dec.**

**867195 (OJ L 142, 28/05/86)**

**Commission Dec.**

**86/243** **(OJ L** **163,** **19/06/86)**

**Commission Dec.**

**86/244 (OJ** **L 163,** **19/06/86)**

**Commission Dec.**

**j I** **[s]** **measures** **notified;** **Nl= measures not** **incorporated;** **D=** **derogation;** **IR=** **infringement proceedings under** **way;** **NN= no measures** **necessary**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

Commission Dec. 86/245 (OJ L 163, 19/06/86)
Commission Dec. 86/252 (OJ L 165, 21/06/86)
Commission Dec. 86/342 (OJ L 201, 24/07/86)
Commission Dec. 86/343 (OJ L 201, 24/07/86)
Commission Dec. 86/348 (OJ L 205, 29/07/86)
Commission Dec. 86/389 (OJ L 228, 14/08/86)
Commission Dec. 86/390 (OJ L 228. 14/08/86)
Commission Dec. 86/391 (OJ L228, 14/08/86)
Commission Dec. 86/392 (OJ L 228, 14/08/86)
Commission Dec. 86/394 (OJ L 228, 14/08/86)
Commission Dec. 86/395 (OJ L 228, 14/08/86)
Commission Dec. 86/396 (OJ L 228, 14/08/86)
Commission Dec. 86/414 (OJ L 237, 23/08/86)
Commission Dec. 86/432 (OJ L 253, 05/09/86)
Commission Dec. 86/463 (OJ L 271, 23/09/86)
Commission Dec. 86/474 (OJ L 279, 30/09/86)
Commission Dec. 86/485 (OJ L 282, 03/10/86)
Commission Dec. 86/486 (OJ L 282, 03/10/86)
Commission Dec. 86/538 (OJ L 319, 14/11/86)
Commission Dec. 87/124 (OJL 51, 20/02/87)
Commission Dec. 87/257 (OJ L 121, 09/05/87
Commission Dec. 87/258 (OJ.L 121, 09/05/87
Commission Dec. 87/431 (OJ L228, 15/08/87)
Commission Dec. 87/455 (OJ L 244, 28/08/87)
Commission Dec. 88/66 (OJ L 33, 05/02/88)
Commission Dec. 88/67 (OJ L 33, 05/02/88)
Commission Dec. 88/212 (OJL 95, 13/04/88)
Commission Dec. 88/256 (OJ L 106, 27/04/88)
Commission Dec. 88/370 (OJ L 182, 13/07/88)
Commission Dec. 89/3 (OJ L 5, 07/01/89)
Commission Dec. 89/154(OJL59, 02/03/89)
Commission Dec. 89/170 (OJ L 63, 07/03/89)
Commission Dec. 89/179 (OJL 64, 08/03/89)
Commission Dec. 89/197 (OJL 73, 17/03/89)
Commission Rec. 89/214 (OJ L 87, 31/03/89)
Commission Dec. 89/221 (OJ L 92, 05/04/89)
Commission Dec. 89/282 (OJ L 110, 21/04/89)
Commission Dec. 89/447 (OJ L 211, 22/07/89)
Commission Dec. 89/483 (OJ L 235, 12/08/89)
Commission Dec. 90/13 (OJL 8, 11/01/90)
Commission Dec. 90/58 (OJL 40, 14/02/90)
Commission Dec. 90/156 (OJL 89, 04/04/90)
Commission Dec. 90/165 (OJ L 91, 06/04/90)
Commission Dec. 90/262 (OJ L 149, 13/06/90)
Commission Dec. 90/432 (OJ L 223, 18/08/90)
Commission Dec. 90/433 (OJ L223, 18/08/90)
Commission Dec. 90/445 (OJ L 228, 22/08/90)
Commission Dec. 90/516 (OJ L 286, 18/10/90)
Commission Dec. 91/53 (OJL 34, 06/02/91)
Commission Dec. 91/54 (OJL 34, 06/02/91)
Commission Dec. 91/73 (OJL 43, 16/02/91)
Commission Dec. 91/92 (OJL 50, 23/02/91)
Commission Dec. 91/143 (OJL 72, 19/03/91)
Commission Dec. 91/180 (OJL 93, 13/04/91)
Commission Dec. 91/185 (OJL 91, 12/04/91)
Commission Dec. 91/189 (OJL 96, 17/04/91)
Commission Dec. 91/343 (OJL 187, 13/07/91
Commission Dec. 91/344 (OJ L 187, 13/07/91
Commission Dec. 91/361 (OJ L 195, 18/07/91
Commission Dec. 91/445 (OJ L 239, 28/08/91
Commission Dec. 91/446 (OJ L 239, 26/08/91
Commission Dec. 91/449 (OJ L 240, 29/08/91
Commission Dec. 91/486 (OJ L 260, 17/09/91
Commission Dec. 91/487 (OJL 260, 17/09/91
Commission Dec. 91/522 (OJ L 283, 11/10/91

ANNEX2 23

Commission Dec. 91/531 (OJ L 285, 15/10/91)
Commission Dec. 91/608 (OJ L 331, 03/12/91)
Commission Dec. 91/609 (OJ L 331, 03/12/91)
Commission Dec. 92/2 (OJL 1,04/01/92)
Commission Dec. 92/21 (OJ L 10, 16/01/92)
Commission Dec. 92/22 (OJL 10, 16/01/92)
Commission Dec. 92/23 (OJ L 10, 16/01/92)
Commission Dec. 92/24 (OJL 10, 16/01/92)
Commission Dec. 92/25 (OJ L 10, 16/01/92)
Commission Dec. 92/40 (OJ L 16, 23/01/92)
Commission Dec. 92/76 (OJ L 30, 06/02/92)
Commission Dec. 92/99 (OJL 39, 15/02/92)
Commission Dec. 92/166 (OJL 73, 19/03/92)
Commission Dec. 92/178 (OJ L 81, 26703/92)
Commission Dec. 92/215 (OJ L 104, 22/04/92)
Commission Dec. 92/222 (OJ L 108, 25/04/92)
Commission Dec. 92/225 (OJ L 108, 25/04/92)
Commission Dec. 92/244 (OJ L 124, 09/05/92)
Commission Dec. 92/245 (OJ L 124, 09/05/92)
Commission Dec. 92/246 (OJ L 124, 09/05/92)
Commission Dec. 92/265 (OJ L 137, 20/05/92)
Commission Dec. 92/322 (OJ L177, 30/06/92)
Commission Dec. 92/323 (OJ L 177, 30/06/92)
Commission Dec. 92/324 (OJ L177, 30/06/92)
Commission Dec. 92/325 (OJ L 177, 30/06/92)
Commission Dec. 92/348 (OJ L 189, 09/07/92)
Commission Dec. 92/375 (OJ L 197,16/07/92)
Commission Dec. 92/376 (OJ L 197, 16/07/92)
Commission Dec. 92/377 (OJ L 197,16/07/92)
Commission Dec. 92/378 (OJ L 197, 16707/92)
Commission Dec. 92/390 (OJ L 207, 23/07/92)
Commission Dec. 92/401 (OJ L 224, 08/08/92)
Commission Dec. 92/402 (OJ L 224, 08/08/92)
Commission Dec. 92/447 (OJ L 248, 28/08/92)
Commission Dec. 92/453 (OJ L 250, 29/08/92)
Commission Dec. 92/460 (OJ L 261, 07/09/92)
Commission Dec. 92/461 (OJ L 261, 07/09/92)
Commission Dec. 92/462 (OJ L 261, 07/09/92)
Commission Dec. 92/463 (OJ L 261, 07/09/92)
Commission Dec. 92/485 (OJ L 290, 06/10/92)
Commission Dec. 92/503 (OJ L 307, 14/10/92)
Commission Dec. 92/518 (OJL 325, 11/11/92)
Commission Dec. 92/526 (OJ L 332, 18/11/92)
Commission Dec. 93/20 (OJ L 16, 25/01/93)
Commission Dec. 93/26 (OJ L 16, 25/01/93)
Commission Dec. 93/27 (OJ L 16, 25/01/93)
Commission Dec. 93/86 (OJ L 36, 12/02/93)
Commission Dec. 93/99 (OJL 40, 17/02/93)
Commission Dec. 93/100 (OJL 40, 17/02/93)
Commission Dec. 93/139 (OJ L 56, 09/03/93)
Commission Dec. 93/148 (OJ L 58, 11/03/93)
Commission Dec. 93/158 (OJL 68, 19/03/93)
Commission Dec. 93/181 (OJL78, 31/03/93)
Commission Dec. 93/182 (OJL 78, 31/03/93)
Commission Dec. 93/183 (OJL 78, 31/03/93)
Commission Dec. 93/184 (OJL 78, 31/03/93)
Commission Dec. 93/198 (OJ L 86, 06/04/93)
Commission Dec. 93/201 (OJ L 87, 07/04/93)
Commission Dec. 93/234 (OJ L 106, 30/04/93)
Commission Dec. 93/237 (OJ L 108, 01/05/93)
Commission Dec. 93/249 (OJ L 115, 11/05/93)
Commission Dec. 93/345 (OJ L 139, 10/06/93)
Commission Dec. 93/346 (OJ L 139, 10/06/93)
Commission Dec. 93/393 (OJ L 170, 13/07/93)
Commission Dec. 93/398 (OJ L 174, 17/07/93)

_\~_ measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**24** **ANNEX2**

**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**

Transposition

**28/08/93)**

**10709/93)**
**21/09/93)**
**27/1093)**
**27/1093)**

**10/11/93)**
**21/12/93)**

Comments

**L218.**
**L229,**
**L236,**
**L266,**
**L266,**
**L277,**
**L319,**

**93/402** **(OJ L** **179,** **22/07/93)**
**93/420** **(OJ L** **191;** **31/07/93)**
**93/427** **(OJ L** **197,** **06708/93)**
**93/432** **(OJ** **L** **200,** **10/06793)**
**93/435** **(OJ** **L 201,11/08/93)**
**93/451** **(OJ** **L** **210,** **21/08/93)**
**93/463** **(OJ** **L** **216,** **26/08/93)**

**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**

**93/469** **(OJ** **L218.**
**93/491** **(OJ** **L229,**
**93/504** **(OJ** **L236,**
**93/546** **(OJ** **L266,**
**93/547** **(OJ** **L266,**
**93/576** **(OJ** **L277,**
**93/688** **(OJ** **L319,**

**DK**

**1**

**NI**

**NN**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**IR**

**1**

**r**
**1**

F

1

NI

NN

1

1

1

1

IR

1

IR

IR

IR

1

1

IR

IRL

1

NI

NN

1

1

IR

1

IR

1

IR

IR

1

1

1

IR

NL

1

1

NN

1

1

1

1

1

1

IR

1

1

1

IR

1

P

IR

IR

IR

UK

1

NI

NN

_p_
1

1

NN

1

1

1

1

1

1

1

1

1

1

IR

1

E

1

1

1

1

1

1

1

1

IR

1

IR

IR

1

1

1

NN

IR

IR

EL

1

NI

NN

IR

1

IR

IR

**B**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**IR**

Dir. 72/462

Dir. 77/98

Dir. 81/476

Dir. 83/91

Dir. 887289

Dir. 88/657

Dir. 89/227

Dir. 89/662

Dir. 90/423

Dir. 90/425

Dir. 90/675

Dir. 91/69

Dir. 91/266

Dir. 91/497

Dir. 91/688

**01/10/73**

**01/01/77**

**-**

**15/02/84**

**01/01/89**

**01/01/92**

**30/06/90**

**01/07/92**

**01/01/92**

**01/07/92**

**01/07/92**

**31/12/92**

**01/01/88**

**01/01/93**

**01/07/92**

L

1

NI

NI

IR

P: partial transposition

**7.** **73/53/EEC** **: Commission Decision of 26 February 1973 concerning protective measures to be**
**applied by the Member States against swine vesicular disease (OJ L** **83,** **30/03/73)**

**8.** **74/577/EEC** **: Council** **Directive** **of 18 November 1974 on stunning of animals before slaughter**
**(OJL316,** **26/11/74)**

Transposition

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

1

1

P

1

UK

1

Comments

L

1

IRL

1

NL

1

I Dir. 74/577 101/07/75

**B**

**1**

**9.** **77/96/EEC : Council Directive of 21 December 1976 on the examination for trichinae**
**(trichinèlla** **spiralis) upon importation from third countries of** **fresh** **meat** **derived** **from domes-**
**tic swine (OJ** **L** **26,** **31/01/77)**

**Amendments**

**Accession Treaty / EL**

**Council Dir. 81/476 (OJ L 186,** **08/07/81)**
**Council Dir. 83/91 (OJ L 59,** **05/03/83)**

**Implementing measures**

**Commission Dir.** **84/319** **(OJ L 167, 27/06/84)**
**Council Reg.** **3768/85** **(OJ L 362, 31/12/85)**
**Commission Dir.** **89/321** **(OJ L** **133,** **17/05/89)**

**Commission Dec. 85/468 (OJ** **L269,**
**Commission Dec.** **85/628** **(OJ** **L379,**
**Commission Dec. 86/149 (OJ** **L112,**
**Commission Dec.** **86/244** **(OJ** **L163,**
**Commission Dec.** **86/245** **(OJ** **L163,**
**Commission Dec.** **86/252** **(OJ** **L165,**
**Commission Dec.** **86/289** **(OJ** **L182,**

Transposition

**11/10/85)**
**31/12/85)**
**29/04/86)**
**19/06/86)**
**19/06/86)**
**21/06/86)**
**05/07/86)**

**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**

**86/342** **(OJL** **201,** **24/07/86)**
**86/343** **(OJ L** **201,** **24/07/86)**
**86/389** **(OJ L** **228,** **14/08/86)**
**86/474** **(OJ L** **279,** **30/09/86)**
**86/486** **(OJ L** **282,** **03/10/86)**
**87/548 (OJ L** **327,** **18/11/87)**
**92/2** **(OJ L 1,** **04/01/92)**

**86/342** **(OJL**
**86/343** **(OJ L**
**86/389** **(OJ L**
**86/474** **(OJ L**
**86/486** **(OJ L**
**87/548 (OJ L**
**92/2** **(OJ L 1,**

P

1

1

1

**DK**

**1**

**NN**

**1**

NL

1

NN

1

UK

1

NN

1

EL

1

NN

1

O

1

NN

1

IRL

1

NN

1

L

1

NI

1

E

1

1

1

F

1

NN

1

1

1

NN

1

Comments

**B**

**1**

**1**

**1**

Dir. 77/96

Dir. 81/476

Dir. 83/91

**01/01/79**

**-**

**15/02/84**

**1=** **measures** **notified;** **Nl= measures not** **incorporated;** **D=** **derogation;** **IR«** **infringement proceedings under** **way,** **NN=** **no measures necessary**

**THE COMMUNITY INTERNAL MARKET** **-** **1993 REPORT**

1

1

1

NN

1

1

1

NI

1

1

Dir. 84/319

Dir. 89/321

01/01/85

01/09/89

1

1

ANNEX2 25

1

NN
# **z3**

1

1

1

1

I I I *
**I** **I** 1 **I**

**10.** **77/99/EEC** **: Council Directive of 21 December 1976 on health problems affecting intra-Com-**
**munity trade in meat products (OJ L 26, 31/01/77)**

**Derogations**

**Commission Dir.** **83/201** **(OJ L 112, 28/04/83)**
**Commission Dir. 83/577 (OJ L** **334,15/11/83)**
**Council Dir.** **92/120** **(OJ L 62,** **15/03/93)**

**Amendments**

**Council Dir. 81/476 (OJ L 186, 08/07/81)**
**Council Dir. 85/327 (OJ L 168, 28/06/85)**
**Council Reg. 3768/85 (OJ L 362, 31/12/85)**
**Council Dir.** **88/657** **(OJ L 382, 31/12/88)**
**Council Dir. 88/658** (OJ **L** 382, **31/12/88)**
**Council Dir.** 89/227 (OJ **L** 93, 06/04/1989)

Implementing measures

**Council** Dir. **89/662 (OJ L 395, 30/12/89)**
**Council Dir.** **92/5** **(OJ L 57, 02/03/92)**
**Council Dir.** **92/45** **(OJ L 268, 14/09/92)**
**Council Dir.** **92/116** **(OJ L 62, 15/03/93)**
**Council Dir.** **92/118** (OJ L 62, 15/03/93)
Commission Dec. 92/478 (OJ L 282, 26/09/92)

**Commission Dec.** **88/18** **(OJ L 9, 13/01/88)**
**Commission Dec.** **88/268** **(OJ L 107, 28/04/88)**
**Commission Dec.** **88/442** **(OJ L 218, 09/08/88)**
**Commission Dec. 89/151 (OJ L 59, 02/03/89)**
**Commission Dec. 90/514 (OJ L 286, 18/10/90)**
**Commission Dec.** **91/185** **(OJL** **91,** **12/04/91)**
**Commission Dec.** **92/478** **(OJ L 282, 26/04/92)**
**Commission Dec.** **93/201** **(OJ L 87, 07/04/93)**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Transposition**

**83/201** **(OJ L 112, 28/04/83)**
**83/577 (OJ** **L** **334, 29/11/83)**
**86/414 (OJ** **L 237, 23/08/86)**
**86/473 (OJ** **L** **279,** **30/09/86)**
**87/119 (OJ L** **49, 18/02/87)**
**87/205** **(OJ L 80, 24/03/87)**
**87/221** **(OJ L 93, 07/04/87)**
**87/266** **(OJ** **L** **126, 15/05/87)**
**87/425 (OJ** **L** **228, 15/08/87)**

F

1

NN

1

NN

1

1

1

1

IR

1

NI

NI

NI

NN

DK

**1**

NN

1

NN

1

1

1

1

1

IR

NI

NI

NI

NN

D

1

NN

1

NN

1

1

1

1

1

IR

NI

NI

NI

NN

EL

1

NN

1

NN

1

1

1

1

1

IR

NI

NI

NI

NN

E

1

1

1

NN

1

1

IR

1

1

IR

NI

NI

Ni

NN

IRL

1

NN

1

NN

1

IR

IR

1

IR

IR

NI

NI

NI

NN

1

1

NN

1

NN

1

1

1

1

1

1

NI

NI

NI

NN

L

1

NN

1

NN

1

1

1

1

1

1

NI

NI

NI

NN

NL

1

NN

1

NN

1

1

1

1

1

IR

NI

NI

NI

NN

P

1

1

1

1

1

1

1

1

1

1

NI

NI

NI

NN

UK

1

NN

1

NN

1

1

1

1

1

IR

NI

NI

NI

NN

Comments

certain derogations
granted by Dire 90/675
and 91/496
E: partial transposition

transposition:
01/01/93: arts 12(2), 17
01/01/94: other articles

Directive optional

B

I

I

I

I

I

1

1

1

1

1

NI

NI

NI

NN

Dir. 77/99

Dir. 81/476

Dir. 83/201

Dir. 83/577

Dir. 85/327

Dir. 88/657

Dir. 88/658

Dir. 89/227

Dir. 89/662

Dir. 92/5

Dir. 92/45

Dir. 92/116

Dir. 92/118

Dir. 92/120

01/07/79

01/01/84

01/01/86

01/01/92

01/07/90

30/06/90

01/07/89

01/01/93

01/01/94

01/01/94

01/01/93

01/01/93

**11.** **77/391** **/EEC : Council Directive of 17 May 1977 introducing Community measures for the**
**eradication of brucellosis, tuberculosis and leucosis in cattle (OJ L 145,** **13/06/77)**

Amendments Derogations

Council Dir. 81/476 (OJ L 186, 08/07/81)
Council Dir. 82/400 (OJ L 173, 19/06/82)
Council Reg. 3768/85 (OJ L 362, 31/12/85)

Council Dir. 81/6 (OJ L 14, 16/01/81)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= Infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**26** ANNEX2

Implementing measures

Council Dir. 78/52 (OJ L 15. 19/01/78)
Commission Dec. 78/480 (OJ L 152, 08/06/78)
Commission Dec. 78/481 (OJ L 152, 08/06778)
Commission Dec. 78/539 (OJ L 164, 21/06/78)
Commission Dec. 78/682 (OJ L 227, 18/08/78)
Commission Dec. 79/48 (OJ L 13, 19/01/79)
Commission Dec. 79/75 (OJ L 17, 24/01/79)
Commission Dec. 80/122 (OJ L 29, 06/02/80)
Commission Dec. 82/904 (OJ L 381, 31/12/82)
Commission Dec. 82/906 (OJ L 381, 31/12/82)
Commission Dec. 82/909 (OJ L 381, 31/12/82)

Transposition

Commission Dec. 83/102 (OJ L 66, 12/03/83)
Commission Dec. 80/1025 (OJ L 304, 13/11/80)
Commission Dec. 81/325 (OJ L 129, 15/05/81)
Commission Dec. 82/542 (OJ L 236, 11/08/82)
Commission Dec. 82/554 (OJ L 238. 13/08/82)
Commission Dec. 82/555 (OJ L 238, 13/08/82)
Commission Dec. 82/556 (OJ L 238, 13/08/82)
Commission Dec. 82/793 (OJ L 327, 24/11/82)
Commission Dec. 83/103 (OJ L 66, 12/03/83)
Commission Dec. 83/118 (OJ L 76, 22/03/83)
Commission Dec. 83/119 (OJ L 76. 22/03/83)

DK

NN

1

NN

NN

NN

D

NN

NN

NN

NN

NN

EL

1

1

NN

NN

NN

E

NN

1

NN

1

NN

F

NN

NN

NN

NN

NN

IRL

NN

NN

NN

NN

NN

1

NN

NN

NN

NN

1

NL

NN

NN

NN

NN

NN

Comments

L

NN

NN

NN

NI

NN

P

NN

1

NN

1

1

UK

NN

NN

NN

NN

NN

B

NN

NN

NN

1

NN

Dir. 77/391

_Dir. 78/52_

Dir. 81/6

Dir. 81/476

Dir. 82/400

31/07/77

30/12/78

31/03/81

**12.** **77/504/EEC** **: Council Directive of 25 July 1977 on pure-bred breeding animals of the bovine**
**species** (OJ **L** 206,12/08/77)

Amendments

Accession Treaty / EL
Council Dir. 79/268 (OJ L 62, 13/03/79)
Council Dir. 85/586 (OJ L 372, 31/12/85)
Council Reg. 2768/85 (OJ L 362, 31/12/85)
Council Dir. 91/174 (OJ L 85, 05/04/91)

Transposition

Implementing measures

Commission Dec. 84/247 (OJ L 125, 12/05/84)
Commission Dec. 84/419 (OJ L 237, 05/09/84)
Commission Dec. 86/130 (OJ L 101. 17/04/86)
Commission Dec. 86/404 (OJ L 233, 20/08/86)
Council Dir. 87/328 (OJ L 167, 26/06/87)
Commission Dec. 88/124 (OJ L 62, 08/03/88)

DK

I

NN

NN

**I**

I

D

I

NN

I

I

I

EL

I

NN

I

1

1

E F

1

NN

NN

1

IR

IRL

1

NN

NN

1

IR

L

1

NN

NN

1

IR

1

1

NN

1

1

1

NL

1

NN

NN

IR

IR

P

1

1

1

1

IR

UK

1

NN

NN

1

1

Comments

B

I

NN

NN

I

I

Dir. 77/504

Dir. 79/268

Dir. 85/586

_Dir. 87/328_

Dir. 91/174

31/12/78

01/01/86

01/01/89

01/01/92

**13.** **77/505/EEC** : **Council** Decision **of 25 July 1977 setting up a Standing Committee on Zootech-**
**nie** **s** (O **J L** 206, 12/08/77)

**14.** **78/52/EEC** **: Council Directive of 13 December** **1977** **establishing the Community criteria for**
**national plans for the accelerated eradication of brucellosis, tuberculosis and enzootic** **leu-**
**kosis in cattle** (OJ L 78/52,19/01/78)

Derogations

Council Dir. 81/6 (OJ L 14, 16/01/81)

Implementing measures

Commission Dec. 82/542 (OJ
Commission Dec. 82/554 (OJ
Commission Dec. 82/555 (OJ
Commission Dec. 82/556 (OJ
Commission Dec. 82/793 (OJ
Commission Dec. 82/904 (OJ

L236, 11/08/82)
L238, 13/08/82)
L238, 13/08/82)
L238, 13/08/82)
L 327, 24/11/82)
L 381, 31/12/82)

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

82/906 (OJ L 381, 31/12/82)
82/909 (OJ L 381, 31/12/82)
83/102 (OJ L66, 12/03/83)
83/103 (OJ L66, 12/03/83)
83/118 (OJ L 76, 22/03/83)
83/119 (OJ L 76, 22/03/83)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

Dîr. 78/52 30/12/78

Dir. 81/6 31/03/81

E

1

NN

B

NN

NN

DK

I

NN

D

NN

NN

EL

1

NN

F

1

NN

IRL

NN

NN

1

NN

NN

P

1

NN

ANNEX 2 27

Comments

NL

NN

NN

UK

NN

NN

L

NN

NN

**15.** **78/923/EEC** **: Council Decision of 19 June 1978 concerning the conclusion of the European**
**Convention for the protection of animals kept for** **farming** **purposes (OJ L** **323,17/11/78)**

**16.**

**17.**

**79/542/EEC** **: Council Decision of** **21** **December 1976 drawing up a list of third countries from**
**which the Member States authorize imports of bovine animals, swine and fresh meat**
**(OJL 146,14/06/79)**

Amendments

**80/215/EEC** **: Council Directive of 22 January 1980 on animal health problems affecting intra-**
**Community trade in meat products (OJ** **L** **47,** **21/02/80)**

Amendments

Council Dec. 85/575 (OJ L 372. 31/12/85)
Commission Dec. 91/361 (OJ L 195, 18/07/91)
Commission Dec. 92/14 (OJ L 8, 14/01/92)
Commission Dec. 92/160 (OJ L 71, 18/03/92)
Commission Dec. 92/161 (OJ L 71,18/03/92)
Commission Dec. 92/162 (OJ L 71,18/03/92)
Commission Dec. 92/245 (OJ L 124, 09/05/92)
Commission Dec. 92/376 (OJ L 197, 16/07/92)
Commission Dec. 93/99 (OJ L 40, 17/02/93)
Commission Dec. 93/100 (OJ L40, 17/02/93)

93/237 (OJ
93/195 (OJ
93/196 (OJ
93/197 (OJ
93/198 (OJ
93/344 (OJ
93/509 (OJ
93/510 (OJ
93/435 (OJ
93/507 (OJ

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

L 108, 01/05/93)
L 86, 06/04/93)
L 86, 06704/93)
L 86, 06/04/93)
L 86, 06/04/93)
L 138, 09/06/93)
L 238, 23/09/93)
L 238, 23/09/93)
L 201,11/08/93)
L 237, 22/09/93)

Council Dir. 80/1100 (OJ L 325, 01/12/80)
Council Dir. 81/476 (OJ L 186, 08/07/81)
Council Dir. 85/321 (OJ L 168, 28/06/85)
Council Reg. 3768/85 (OJ L 362, 31/12/85)

Implementing measures

Council Dec. 89/21 (OJ L 9, 12/01/89)
Commission Dec. 91/112 (OJ L 58, 05/03/91)
Commission Dec. 93/443 (OJ L205, 17/08/93)

Transposition

Council Dir. 87/491 (OJ L 279, 02/10/87)
Council Dir. 88/660 (OJ L 382, 31/12/88)
Council Dir. 89/662 (OJ L 395, 30/12/89)
Council Dir. 91/687 (OJ L 377, 31/12/91)

DK

1

1

NN

1

1

1

1

1

D

1

1

NN

1

1

1

1

1

EL

1

1

NN

1

1

1

1

IR

E

IR

IRL

1

1

NN

1

1

NN

IR

1

F

1

1

NN

1

1

NN

IR

IR

1

1

1

NN

1

1

1

1

IR

L

1

1

NI

1

1

1

1

1

NL

1

NN

NN

1

1

NN

1

1

P

NN

1

IR

UK

1

1

NN

1

1

NN

1

1

Comments

B

NN

I

IR

Dir. 80/215

Dir. 80/1100

Dir. 81/476

Dir. 85/321

Dir. 87/491

Dir. 88/660

Dir. 89/662

Dir. 91/687

01/01/79

01/07/81

**-**

01/01/86

01/01/88

01/04/85

01/07/92

01/07/92

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

28 ANNEX 2

**18.** **80/217/EEC** **: Council Directive of 22 January 1980 introducing Community measures for the**
**control of classical swine fever** (OJ L **47,** 21/02/80)

Amendments

Council Dir. 80/1274 (OJ L 375, 31/12/80)
Council Dir. 81/476 (OJ L 186, 08/07/81)
Council Dir. 84/645 (OJ L 339, 27/12/84)
Council Dir. 857586 (OJ L 372, 31/12/85)
CouncilReg. 3768/85(OJL362, 31/12/85)
Council Dir. 91/685 (OJ L 377, 31/12/91)
Council Dec. 93/384 (OJ L 166, 08/07/93)

Transposition

Implementing measures

Council Dir. 8071101 (OJ L 325, 01/12/80)
Council Dec. 81/859 (OJ L 319, 07/11/81)
Commission Dec. 83/138 (OJ L 93,13/04/83)
Commission Dec. 83/300 (OJ L160,18/06/83)
Council Dec. 87/65 (OJ L 34, 05/02/87)
Commission Dec. 93/364 (OJ L 150, 22/06/93)
Commission Dec. 93/617 (OJ L 296, 01/12/93)
Commission Dec. 93/699 (OJ L 321, 23/12/93)

E

1

NN

NN

1

1

1

IR

UK

1

NN

NN

NN

1

NN

1

L

1

NN

NN

NN

1

NN

1

DK

1

NN

NN

NN

1

NN

1

D

1

NN

1

NN

1

1

1

EL

1

1

1

NN

1

1

IR

IRL

1

NN

NN

NN

1

NN

IR

1

1

NN

1

NN

1

1

IR

NL

1

NN

NN

NN

1

NN

1

P

1

NN

1

1

1

1

IR

Comments

F

1

NN

NN

NN

1

NN

IR

B

I

NN

NN

1

1

NN

1

Dir. 80/217

_Dir. 80/1101_

Dir. 80/1274

Dir. 81/476

Dir. 84/645

Dir. 85/586

Dir. 91/685

30/06/80

01/07/81

01/01/81

31/03/85

01/01/86

01/07/92

**19.** **80/1095/EEC** **: Council Directive of 11 November 1980 laying down conditions designed to**
**render** **and** **keep the territory of** **the** **Community free from classical** **swine** **fever**
**(OJL** **325,** **01/12/80)**

Amendments

Council Dir. 81/476 (OJ L 186, 08/07/81)
Council Dir. 85/586 (OJ L 372, 31/12/85)
Council Reg. 3768/85 (OJ L 362, 31/12/85)

Implementing measures

Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.

81/400 (OJ
81/996 (OJ
82/112 (OJ
82/194 (OJ
82/351 (OJ
82/352 (OJ
82/825 (OJ
83/100 (OJ
83/222 (OJ
83/484 (OJ
84/193 (OJ
85/178 (OJ
85/179 (OJ
85/541 (OJ
86/291 (OJ
87/109 (OJ
87/202 (OJ
87/276 (OJ

L152, 11/06781)
L 362, 17/12/81)
L 45, 17/02/82)
L 89, 03/04/82)
L 157, 08/06782)
L 157, 08/06782)
L 347, 07/12/82)
L 61, 08/03/83)
L 121, 07/05/83)
L 264, 27/09/83)
L 100, 12/04/84)
L 67, 07/03/85)
L 67, 07/03/85)
L 334,12/12/85)
L182. 05/07/86)
L48, 17/02/87)
L 80, 24/03/87)
L 133, 22/05/87)

Council Dec. 87/230 (OJ L 99, 11/04/87)
Council Dir. 87/487 (OJ L 280, 03/10787)
Council Dec. 91/686 (OJ L 377, 31/12/91)

Commission Dec. 87/361 (OJ L 194, 15/07/87)
Commission Dec. 87/478 (OJ L 273, 26/09/87)
Commission Dec. 88/120 (OJ L 60, 05/03/88)
Commission Dec. 88/157 (OJ L 71, 17/03/88)
Commission Dec. 88/185 (OJ L 83, 29/03/88)
Commission Dec. 88/614 (OJ L 335, 07/12/88)
Commission Dec. 89/97 (OJL 38, 10702/89)
Commission Dec. 89/420 (OJ L 192, 07/07/89)
Commission Dec. 89/450 (OJ L 214, 25/07/89)
Commission Dec. 89/473 (OJ L 233, 10/08/89)
Commission Dec. 9073 (OJ L 2, 05/01/90)
Commission Dec. 90/251 (OJ L 143, 06706790)
Commission Dec. 90/483 (OJ L 267, 22/09/90)
Commission Dec. 90/614 (OJ L 328, 28/11/90)
Commission Dec. 91/378 (OJ L 203, 26/07/91)
Commission Dec. 91/413 (OJ L 228, 17/08/91)
Commission Dec. 92/47 (OJ L 19, 28/01/92)

Transposition

Dir. 80/1095 31/12/81

Dir. 81/476 
Dir. 85/586 01/01/86

Dir. 87/487 22/09/87

EL

1

NN

1

1

IRL

NI

NN

NN

NI

B

NI

I

NN

1

DK

NI

NN

NN

1

D

NI

NN

1

NI

E

1

1

1

NN

F

NI

NN

NN

1

NL

NI

NN

NN

NI

P

1

1

1

1

L

NI

NI

NN

1

1

NI

NN

1

NI

UK

NI

NN

NN

NI

Comments

transposition not required

1= measures notified; Nl= measures **not incorporated; D=** **derogation;** **IR«** **Infringement proceedings under** **way,** **NN= no measures necessary**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**20.**

**21.**

**ANNEX 2** 29

**80/1096/EEC** **: Council Decision of 11 November 1980 introducing Community financial meas-**
**ures for the** eradication **of classical swine fever (OJ L** 325, 01/12/80)

Amendments

**80/1097/EEC** **: Council Decision of 11 November 1980 on financial aid from the Community for**
**the eradication of African swine fever in Sardinia (OJ L 325, 01/12/80)**

Council Dec. 81/477 (OJ L 186, 08/07/81)
Council Dec. 83/254 (OJ L 143, 02/06/83)
Council Dec. 85/575 (OJ L 372, 31/12/85)
Council Reg. 3768/85 (OJ L 362, 31/12/85)

Implementing measures

Commission Dec. 81/996 (OJL362, 23/12/81)
Commission Dec. 82/112 (OJL 45, 17/02/82)
Commission Dec. 82/194 (OJ L 89, 03/04/82)
Commission Dec. 82/352 (OJL 157, 08/06782)
Commission Dec. 83/100 (OJL61, 08/03/83)
Commission Dec. 83/222 (OJL 121, 07/05/83)
Commission Dec. 83/484 (OJ L 264, 27/09/83)
Commission Dec. 84/193 (OJ L 100, 12/04/84)
Commission Dec. 85/178 (OJ L 67, 07/03/85)
Commission Dec. 85/179 (OJ L 67, 07/03/85)
Commission Dec. 85/541 (OJL 334, 12/12/85)
Commission Dec. 87/109 (OJL 48, 17/02/87)
Commission Dec. 87/202 (OJ L 80, 24/Q3/87)

Council Dec. 87/230 (OJ L 99, 11/04/87)
Council Dec. 87/488 (OJ L 280, 03/10/87)
Council Dec. 91/686 (OJ L 377, 31/12/91)

Commission Dec. 87/276 (OJ L 133, 22/05/87)
Commission Dec. 87/478 (OJ L 273, 26/09/87)
Commission Dec. 88/120 (OJ L 60, 05/03/88)
Commission Dec. 88/253 (OJ L 106, 27/04/88)
Commission Dec. 88/529 (OJ L 291, 25/10/88)
Commission Dec. 88/567 (OJ L 310, 16/11/88)
Commission Dec. 88/614 (OJ L 335, 07/12/88)
Commission Dec. 89/80 (OJ L 30, 01/02/89)
Commission Dec. 89/346 (OJ L 140, 24/05/89)
Commission Dec. 89/563 (OJ L 307, 24/10/89)
Commission Dec. 90/56 (OJL 39, 13/02/90)
Commission Dec. 90/483 (OJ L 267, 22/09/90)
Commission Dec. 91/413 (OJ L 228, 17/08/91)

Amendments

Council Dec. 81/477 (OJ L 186, 08/07/81)
Council Dec. 83/255 (OJ L 143, 02/06/83)
Council Reg. 3768/85 (OJ L 362, 31/12/85)

Implementing measures

Commission Dec. 82/390 (OJ L 169, 16/06/82)

**22.** **81/400/EEC : Commission Decision of 15 May** **1981** **establishing the status of Member States**
**as regards classical** swine **fever with a view to its eradication (OJ** L 152, **1** 1/06/81)

Amendments

Commission Dec. 86/391 (OJ L228, 14/08/86)
Commission Dec. 89/420 (OJ L 192, 07/07/89)
Commission Dec. 89/473 (OJ L 233, 10/08/89)

Commission Dec. 90/251 (OJ L 143, 06/06/90)
Commission Dec. 91/378 (OJ L 203, 26/07/91)
Commission Dec. 92/47 (OJ L 19, 28/01/92)

**23.**

**81/602/EEC** **: Council Directive of 31 July 1981 concerning the prohibition of** certain **sub-**
**stances having a hormonal action and of any substances having a thyrostatic action**
**(OJL** 222, 07/08/81)

Amendments

Council Dir. 85/358 (OJ L 191, 23/07/85)

Transposition

DK

I

I

EL

I

I

D

I

I

E

I

I

F

I

I

IRL

I

I

I

I

I

L

I

I

NL

I

I

P

I

I

UK

I

I

Comments

B

I

I

Dir. 81/602

Dir. 85/358

04/11/81

01/01/87

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

30 ANNEX2

**24.** **81/651/EEC** **: Commission Decision of 30 July** **1981** **establishing a Scientific Veterinary Com-**
**mittee (OJ** **L** **233,** **19/08/81)**

**Amendments**

**Commission** **Dec.** **86/105** **(OJ L** **93,** **08/04/86)**

**25.** **82/894/EEC** **: Council Directive of** **21** **December 1982 on the notification of animal diseases**
**within the Community (OJ** **L** **378,** **31/12/82)**

Amendments

Council Reg. 3768/85 (OJ L 362, 31/12/85)
Commission Dec. 89/162 (OJ L 61, 04/03/89)
Commission Dec. 92/450 (OJ L 248, 28/08/92)

Transposition

Implementing measures

Commission Dec. 84/90 (OJ L 50, 21/02/84)
Commission Dec. 89/162 (OJ L 61, 04/03/89)
Commission Dec. 89/163 (OJ L 61, 04/03/89)

DK

1

D

1

EL

1

IRL

1

E

1

1

1

L

1

F

1

NL

1

P

1

UK

1

Comments

| Dir. 82/894 101/01/84

B

1

**26.** **84/90/EEC** **: Commission Decision of 3 February 1984 laying down the codified form for the**
**notification of** **animal** **diseases pursuant to Council Directive** **82/894/EEC (OJ** **L** **50,21/02/84)**

Amendments

Commission Dec. 89/163 (OJ L 61, 04/03/89)

**27.** **85/73/EEC** **: Council Directive of 29 January** **1985** **on the financing of health inspections and**
**controls of** **fresh** **meat and poultrymeat** **(OJ L** **32,** **05/02/85)**

Amendments

Council Dir. 88/409 (OJ L 194, 22/06/89)

Transposition

Implementing measures

Council Dec. 88/408 (OJ L 194, 22/06/89)
Council Dec. 93/386 (OJ L 166, 08/07/93)
Council Dec. 93/513 (OJ L 240, 25/05/93)

DK

NN

1

EL

NN

IR

E

1

1

IRL

1

1

D

1

1

F

NN

1

L

NN

1

1

NN

1

NL

1

1

P

I

1

UK

NN

1

Comments

B

NN

I

Dir. 85/73

Dir. 88/409

01/01/86

01/01/91

**28.**

**85/358/EEC** **: Council Directive of 16 July** **1985** **supplementing Directive** **81/602/EEC** **concern-**
**ing the prohibition of certain substances having a hormonal action and of any substances**
**having a thyrostatic action (OJ L** **191,** **23/07/85)**

Amendments

Council Reg. 3768/85 (OJ L 362, 31/12/85)
Council Dir. 88/146 (OJ L 70, 16/03/88)

Transposition

Implementing measures

Commission Dec. 89/153 (OJ L 59, 02/03/89)
Commission Dec. 89/358 (OJ L 151, 03/06/89)
Commission Dec. 93/256 (OJ L 118, 14/05/93)

DK

1

1

D

1

1

E

1

1

F

1

1

EL

1

1

IRL

1

1

1

1

1

NL

1

1

L

1

1

P

1

1

UK

1

1

Comments

B

1

1

Dir. 85/358

Dir. 88/146

01/01/87

01/01/88

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN- no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX 2 31

**29.** **85/397/EEC : Council Directive of 5 August 1985 on health and animal-health problems affect-**
**ing** **intra-Community** **trade in** **heat-treated** **milk** (OJ **L** 226, 24/08/85)

Amendments

Council Reg. 3768/85 (OJ L 362, 31/12/85)
Council Dir. 89/662 (OJ L 395, 30/12/89)

Implementing measures

Commission Dec. 89/159 (OJ L 59, 02/03/89)
Commission Dec. 89/165 (OJ L61, 04/03/89)
Commission Dir. 89/362 (OJ L156, 08/06/89)
Council Dir. 89/384 (OJ L 181, 28/06789)
Commission Dec. 91/180 (OJ L 93,13/04/91)

Transposition

Commission Dec. 92/380 (OJ L 198, 17/07/92)
Council Dec. 92/608 (OJ L 407, 31/12/92)
Commission Dec. 93/256 (OJ L 118,14/05/93)
Commission Dec. 93/257 (OJ L 118, 14/05/93)

UK

1

1

1

1

Comments
repealed by Dir. 92/46 as
from 01/01/94

D

1

1

1

1

EL

1

1

1

1

E

1

1

1

1

F

1

1

1

IR

IRL

1

1

1

IR

L

1

1

1

1

NL

1

1

1

1

P

1

1

1

1

DK

I

I

I

I

B

I

I

I

I

Dir. 85/397

_Dir. 89/362_

_Dir._ _89/384_

Dir. 89/662

01/01/89

01/01/90

01/07/90

01/07/89

**30.** **85/511/EEC :** **Council Directive of 18 November** **1985** **introducing Community measures for the**
**control of** **foot-and-mouth** **disease** (OJ **L** 315,26/11/85)

Amendments

Council Dir. 90/423 (OJ L 224,18/08/90)
Commission Dec. 92/380 (OJ L 198, 17/07/92)

Transposition

Implementing measures

Commission Dec. 88/397 (OJ L 189, 20/07/88)
Council Dec. 89/531 (OJ L 279, 28/09/89)
Council Dec. 91/665 (OJ L 368, 31/12/91)
Council Dec. 91/666 (OJ L 368, 31/12/91)
Commission Dec. 93/180 (OJ L 75, 30/03/93)

IRL

I

I

I

I

I

D

I

I

EL

I

I

E

I

IR

F

I

I

L

I

I

UK

I

I

DK

I

I

NL

I

I

P

I

I

Comments

B

I

I

Dir. 85/511

Dir. 90/423

01/01/87

01/01/92

**31.** **86/469/EEC : Council Directive of 16 September** **1986** **concerning the examination of animals**
**and fresh meat for the presence of residues** (OJ L 275, 26/09/86)

Amendments

Council Dec. 89/187 (OJ L 66, 10/03/89)

Implementing measures

Commission Dec. 88/196

Commission Dec. 88/197

Commission Dec. 88/198

Commission Dec. 88/199

Commission Dec. 88/200

Commission Dec. 88/201

Commission Dec. 88/202

Commission Dec. 88/203

Commission Dec. 88/204

Commission Dec. 88/205

Commission Dec. 88/206

Transposition

Dir. 86/469 31/12/88

(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,
(OJ L 94,

12/04/88)
12/04/88)
12/04/88)
12/04/88)
12/04/88)
12/04/88)
12/04/88)
12/04/88)
12/04/88)
12/04/88)
12/04/88)

Commission

Commission

Commission

Commission

Council Dec.

Commission

Commission

Commission

Commission

Commission

Dec. 88/240 (OJ L
Dec. 89/153 (OJL
Dec. 90/165 (OJ L
Dec. 91/487 (OJ L
91/664 (OJ L 368,
Dec. 93/100 (OJ L
Dec. 93/257 (OJ L
Dec. 93/458 (OJ L
Dec. 93/459 (OJ L
Dec. 93/460 (OJ L

105, 26/04/88)
59, 02/03/89)
91, 06/04/90)
260, 17/09/91)
31/12/91)
40, 17/02/93)
118, 14/05/93)
215, 25/08/93)
215, 25/08/93)
215, 25/08/93)

B

I

DK

I

D

I

EL

I

E

I

F

I

IRL

I

UK

I

I

I

L

I

NL

I

P

I

Comments

11* measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

_THE COMMUNITY INTERNAL MARKET - 1993 REPORT_

32 ANNEX 2

**32.** **86/649/EEC : Council Decision of 16 December 1986 introducing a Community financial**
**measure for the eradication of African swine fever in Portugal** (OJ **L** 382, 31/12/86)

Amendments Implementing measures

Council Dec. 89/577 (OJ L 322, 07/11/89) Commission Dec. 87/526 (OJ L 306, 28/10/87)

**33.** **86/650/EEC:** **Council Decision of 16 December 1986 introducing a Community financial**
**measure for the eradication of African swine fever in Spain** (OJ **L** 382, **31/12/86)**

Implementing measures

Commission Dec. 87/269 (OJ L 132, 21/05/87)

**34.** **87/89/EEC : Commission Decision of 7 January 1987 on the** **setting-up** **of an Advisory Veteri-**
**nary Committee (OJ L** **45,14/02/87)**

**35.** **87/328/EEC : Council Directive of 18 June 1987 on the acceptance for breeding purposes of**
**pure-bred** **breeding animals of the bovine species** (OJ **L** 167, 26/06/87)

Transposition

EL

1

IRL | 1

» 1 '

DK

**I**

D

1

E

1

F

1

L

1

NL 1 P

IR j 1

UK

1

Comments

| Dir. 87/328 01/01/89

B

I

**36.** **87/561/EEC** **: Council Decision of 18 November 1987 on transitional measures concerning** **the**
**prohibition on administration to farm animals of certain substances having a hormonal action**
**(OJL** 339, 01/12/87)

**37.** **88/146/EEC : Council Directive of 7 March 1988 prohibiting the use in livestock farming of**
**certain substances having a hormonal action (OJ L** **70,** 16/03/88)

Implementing measures

Council Dir. 88/299 (OJ L 128, 21/05/88)

Transposition

DK

**I**

I

D

I

1

EL

1

1

F

1

1

IRL

1

1

L

1

1

E

1

1

1

1

1

P

1

1

UK

1

1

NL

1

1

Comments

B

I

I

Dir. 88/146

_Dir._ _88K99_

01/01/88

31/12/88

**38.** **88/166/EEC** **: Council Directive of 7 March 1988 complying with the judgment of the Court of**
**Justice in Case 131/86 (annulment of Council Directive** **86/113/EEC** **of 25 March 1986 laying**
**down minimum standards for the protection of laying hens kept in battery cages)**
**(OJL** 77, 19/03/88)

Transposition

DK

**I**

D

**I**

EL

I

E

1

F

1

IRL

1

L

1

1

1

NL

1

P

1

UK

1

Comments

Dir. 88/166 101/01/88

B

I

**39.** **88/306/EEC : Council Decision of 16 May 1988 on the conclusion of the European Convention**
**for the Protection of Animals for Slaughter** (OJ **L** **137,** 01/06/88)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 _REPORT_

_hi)_

ANNEX 2 33

**40.** **88/407/EEC : Council Directive of 14 June 1988 laying down the animal health requirements**
**applicable to** **intra-Community** **trade in and imports of deep-frozen semen of domestic** **ani-**
**mals of the bovine species (OJ L** **194,** **22/07/88)**

Amendments

Council Dir. 90/120 (OJ L 71,17/03/90)
Council Dir. 90/425 (OJ L 224,18/08/90)
Council Dir. 93/60 (OJ L 186, 28/07/93)

Implementing measures

92/192 (OJ L 87, 02/04/92)
92/255 (OJ L 128, 14/05/92)
92/349 (OJ L 189, 09/07/92)
92/357 (OJ L 192, 11/07/92)
92/386 (OJ L 204, 21/07/92)
92/387 (OJ L 204. 21/07/92)
92/445 (OJ L 247, 27/08/92)
92/454 (OJ L 247, 27/08/92)
92/570 (OJ L 367, 16/12/92)
93/202 (OJ L 87, 07/04/93)
93/434 (OJ L201, 11/08/93)
93/440 (OJ L 204, 14/08/93)
93/693 (OJ L 320, 22/12/93)

Commission Dec. 90/14 (OJL 8, 11/01/90)
Commission Dec. 91/276 (OJL 135, 30/05/91)
Commission Dec. 91/277 (OJL 135, 30/05/91)
Commission Dec. 91/479 (OJ L258, 16/09/91)
Commission Dec. 91/549 (OJ L 298, 29/10/91)
Commission Dec. 91/642 (OJ L 348, 17/12/91)
Commission Dec. 91/643 (OJ L 348, 17/12/91)
Commission Dec. 92/123 (OJ L 48, 22/02/92)
Commission Dec. 92/124 (OJ L 48, 22/02/92)
Commission Dec. 92/125 (OJ L 48, 22/02/92)
Commission Dec. 92/126 (OJ L 48, 22/02/92)
Commission Dec. 92/127 (OJ L 48, 22/02/92)
Commission Dec. 92/128 (OJ L 48, 22/02/92)

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Transposition

Dir. 88/407 01/01/90

Dir. 90/120 01/04/90

Dir. 90/425 01/07/92

Dir. 93/60 01/07/94

EL

I

I

I

IRL

I

I

IR

L

I

I

I

P

1

1

1

UK

1

1

1

Comments

B

I

NI

I

DK

I

I

I

D

I

I

I

E

I

I

I

F

I

I

IR

I

I

I

I

NL

I

1

IR

**41.** **88/657/EEC : Council Directive of 14 December 1988 laying down the requirements for the**
**production of, and trade in, minced meat, meat in pieces of less than 100 grams and meat**
**preparations and amending Directives 64/433/EEC,** **71/118/EEC** **and** **727462/EEC**
**(OJL382,** 31/12/88)

Amendments

Council Dir. 89/662 (OJ L 395, 30/12/89)
Council Dir. 92/110 (OJ L 394, 31/12/92)

Transposition

IRL

IR

IR

NI

UK

I

I

NI

DK

I

**I**

NI

D

I

I

NI

EL

I

IR

NI

E

I

I

NI

F

I

IR

I

I

I

I

NI

L

I

I

NI

NL

I

I

NI

P

I

I

NI

Comments

transposition :
-01/01/93: point 3
- 01/12/93 : other points

B

I

I

I

Dir. 88/657

Dir. 89/662

Dir. 92/110

01/01/92

01/07/89

01/12/93

**42.** **88/661/EEC : Council Directive of 19 December on the zootechnicai standards applicable to**
**breeding animals of the porcine** **species(OJ** L 382, 31/12/88)

Implementing measures

Commission Dec. 89/501 (OJ L 247, 23/08/89)
Commission Dec. 89/502 (OJ L 247, 23/08/89)
Commission Dec. 89/503 (OJ L 247, 23/08/89)
Commission Dec. 89/504 (OJ L 247, 23/08/89)
Commission Dec. 89/505 (OJ L 247, 23/08/89)

Commission Dec. 89/506 (OJ L 247, 23/08/89)
Commission Dec. 89/507 (OJ L 247, 23/08/89)
Council Dir. 90/118 (OJ L 71, 17/03/90)
Council Dir. 90/119 (OJ L 71, 17/03/90)

N measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

34 ANNEX2

Transposition

DK

**1**

**1**

**1**

E

1

1

1

F

1

1

1

IRL

IR

IR

IR

D

1

1

1

EL

1

1

1

1

1

1

1

L

1

1

1

UK

1

1

1

Comments

NL

IR

IR

IR

P

1

1

1

B

**1**

**1**

**1**

Dir. 88/661

_Dir. 90/118_

_Dir. 90/119_

**01/01/91**

**01/01/93**

**01/01/93**

**43.** **89/18/EEC : Commission Decision of 22 December 1988 conceming the** **conditions** **of**
**importation from third countries of fresh meat for purposes other than human consumption**
**(OJL** **8,11/01/89)**

**44.** **89/21/EEC** **: Council Decision of 14 December 1988 derogating from prohibitions relating to**
**African swine fever for certain areas in Spain** **(OJ L** **9,12/01/89)**

Amendments

Commission Dec. 91/112 (OJ L 58, 05/03/91)
Commission Dec. 93/443 (OJ L 205, 17/08/93)

**45.** **89/145/EEC** **: Council Decision of 20 February 1989 introducing a Community financial meas-**
**ure** **for** **the eradication of contagious bovine pleuropneumonia (CBPP) in Portugal**
**(OJ** **L** **53,** **25/02/89)**

Implementing measures

Commission Dec. 89/442 (OJ L 208, 20/07/89)

**46.** **89/361 /EEC** **: Council Directive of 30 May 1989 concerning pure-bred breeding sheep and**
**goats (OJ L** **153,** **06/06/89)**

Implementing measures

Commission Dec. 90/254 (OJ L **145,** 08/06/90)
Commission Dec. 90/255 (OJ L **145,** 08/06/90)
Commission Dec. 90/256 (OJ L **145,** 08/06/90)

Transposition

Commission Dec. 90/257 (OJ L **145,** 08/06/90)
Commission Dec. 90/258 (OJ L 145, 08/06/90)

**D**

**I**

EL

I

E

I

F

I

IRL

IR

L

I

NL

IR

P

1

**DK**

**I**

I

I

UK

1

Comments

| Dir. 89/361 01/01/91

**B**

**I**

**47.** **89/437/EEC : Council Directive of 20 June 1989 on** **hygiene'and** **health problems affecting the**
**production and the placing on the market of** **egg** **products (OJ** **L** **212,** **22/07/89)**

Amendments

Council Dir. 89/662 (OJ L 395, 30/12/89)
Council Dir. 91/684 (OJ L 376, 31/12/91)

Transposition

**DK**

**1**

**1**

**1**

IRL

1

IR

1

E

1

1

1

F

1

IR

1

NL

1

1

1

L

IR

1

IR

EL

1

1

1

1

1

1

IR

P

1

1

IR

UK

1

1

1

Comments

1: notification incomplete

**B**

**1**

**1**

**1**

D

IR

1

IR

Dir. 89/437

Dir. 89/662

Dir. 91/684

**31/12/91**

**01/07/89**

**31/12/91**

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**48.**

**49.**

ANNEX2 35

**89/455/EEC : Council Decision of 24 July 1989 introducing Community measures to set up**
**pilot projects for the control of rabies with a view to its eradication or prevention**
(OJL223, 02/08/89)

Implementing measures

**89/556/EEC** **: Council Directive of 25 September** **1989** **on animal health conditions governing**
**intra-Community** **trade in and importation from third countries of embryos of domestic** **ani-**
**mals of the bovine species** (OJ **L** 302,19/10/89)

Amendments

Council Dir. 90/425 (OJ L224, 18/08/90)
Council Dir. 93/52 (OJ L 175, 19/07/93)

Implementing measures

Commission Dec. 90/329 (OJ L 161, 27/06/90)
Commission Dec. 90/330 (OJ L 161, 27/06790)
Commission Dec. 90/331 (OJ L 161, 27/06/90)
Commission Dec. 90/332 (OJ L 161, 27/06/90)
Commission Dec. 90/333 (OJ L 161, 27/06/90)
Commission Dec. 90/334 (OJ L 161, 27/06/90)
Commission Dec. 91/74 (OJL 43, 16/02/91)
Commission Dec. 91/75 (OJL 43, 16/02/91)
Commission Dec. 91/76 (OJL 43, 16/02/91)
Commission Dec. 91/77 (OJL43, 16/02/91)
Commission Dec. 91/78 (OJL 43, 16/02/91)
Commission Dec. 91/79 (OJL 43. 16/02/91)
Commission Dec. 91/427 (OJ L 234, 23/08/91)
Commission Dec. 91/428 (OJ L 234, 23/08/91)

Commission Dec. 91/429 (OJ L 234, 23/08/91)
Commission Dec. 91/430 (OJ L 234, 23/08/91)
Commission Dec. 91/431 (OJ L 234, 23/08/91)
Commission Dec. 91/432 (OJ L 234, 23/08/91)
Commission Dec. 92/298 (OJ L 162, 16/06/92)
Commission Dec. 92/302 (OJ L 162, 16/06/92)
Commission Dec. 92/303 (OJ L 162, 16706/92)
Commission Dec. 92/304 (OJ L 162, 16/06792)
Commission Dec. 92/307 (OJ L 162, 16/06792)
Commission Dec. 93/90 (OJL 37, 13/02/93)
Commission Dec. 93/91 (OJ L 37, 13/02/93)
Commission Dec. 93/92 (OJL 37, 13/02/93)
Commission Dec. 93/93 (OJL 37, 13/02/93)
Commission Dec. 93/94 (OJL 37, 13/02/93)

Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.

Transposition

91/270 (OJ L 134, 29/05/91)
92/290 (OJ L 152, 04/06/92)
92/452 (OJ L 250, 29/08/92)
92/471 (OJ L270, 15/09/92)
92/523 (OJ L 328, 14/11/92)

Commission Dec. 93/212 (OJ L 91, 15/04/93)
Commission Dec. 93/433 (OJ L 201, 11/08/93)
Commission Dec. 93/574 (OJ L277, 10/11/93)
Commission Dec. 93/677 (OJ L 316, 17/12/93)

DK

1

1

NI

D

1

1

NI

EL

1

1

NI

E

1

1

NI

F

1

IR

NI

IRL

1

IR

NI

1

IR

1

NI

NL

1

IR

NI

L

1

1

NI

UK

1

1

NI

P

1

1

NI

Comments

B

1

1

NI

Dir. 89/556

Dir. 90/425

Dir. 93/52

01/01/91

01/07/92

01/01/94

**50.** **89/608/EEC: Council Directive of 21 November 1989 on mutual assistance between the**

**administrative authorities of the Member States and cooperation between the latter and the**
**Commission to ensure the correct application of legislation on veterinary and zootechnicai**
**matters** (OJ L 351, 02/12/89)

Transposition

DK

1

D

1

EL

1

E

1

F

1

IRL

1

1

1

L

IR

NL

1

P

1

UK

1

Comments

| Dir. 89/608 01/07/91

B

1

51. **89/662/EEC** : Council Directive **of 11 December 1989 concerning veterinary checks in intra-**
**Community trade with a view to the completion of the internal market** (OJ **L** 395, **30/12/89)**

Amendments

Council Dir. 90/675 (OJ L 373, 31/12/90)
Council Dir. 91/492 (OJ L 268, 24/09/91)
Council Dir. 91/493 (OJ L 268, 24/09/91)
Council Dir. 91/494 (OJ L 268, 24/09/91)
Council Dir. 91/495 (OJ L 268, 24/09/91)

Council Dir. 91/496 (OJ L 268, 24/09/91)
Council Dir. 92/46 (OJ L 268, 14/09/92)
Council Dir. 92/47 (OJ L 268, 14/09/92)
Council Dir. 92/67 (OJ L 268, 14/09/92)
Council Dir. 92/118 (OJ L 62, 15/03/93)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**36** **ANNEX2**

**Implementing measures**

**Commission Dec.** **91/654** **(OJ** **L 350,19/12/91)**
**Commission Dec.** **93/180** **(OJ** **L** **75,** **30703/93)**
**Commission Dec.** **93/336** **(OJ L 132,** **29/05793)**

**Commission Dec.** **93/419** **(OJ L** **191.** **31/07/93)**
**Commission Dec.** **93/529** **(OJ L258,** **16710/93)**

Transposition

EL

1

1

IR

IR

IR

IR

1

1

NI

Comments

E: partial transposition

transposition:
01/01/93 : Arts 12(2), 17
01/01/94: other articles

UK

1

1

1

1

1

IR

1

1

NI

**DK**

_**\**_

_**t**_

_**t**_

**I**

**1**

**IR**

**1**

**1**

**NJ**

E

I

IR

1

1

1

IR

1

1

NI

IRL

IR

IR

IR

IR

1

IR

IR

NI

NI

1

NI

NL

1

1

1

1

1

IR

1

1

NI

P

1

1

IR

IR

IR

1

1

1

1

1

NI

F

IR

IR

IR

1

IR

IR

IR

NI

NI

_<_

D

1

1

IR

IR

1

IR

1

1

NI

**B**

**I**

**NI**

Dir. 89/662

Dir. 90/675

Dir. 91/492

Dir. 91/493

Dir. 91/494

Dir. 91/495

Dir. 91/496

Dir. 92/46

Dir. 92/47

Dir. 92/67

Dir. 92/118

**01/07/92**

**01/07/92**

**01/01/93**

**01/01/93**

**01/05/92**

**01/01/93**

**01/12/91**

**01/01/94**

**01/01/94**

**01/07/92**

**01/01/93**

L

1

NI

**52.** **90/118/EEC** **: Council Directive of 5 March 1990 on the acceptance of pure-bred breeding pigs**
**for breeding** (OJ L 71,17/03/90)

Transposition

B DK EL IRL I NL UK Comments
**I** **Dir. 90/118** **101/01/93** | **I** | I | I | I | I | I _\_ IR j I | I | IR | **I** | **I**

**53.** **90/119/EEC** **: Council** **Directive** **of 5 March** **1990** **of hybrid breeding pigs for breeding**
**(OJL 71,** 17/03/90)

Transposition

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

IRL

IR

1

1

UK

1

Comments

NL

IR

P

1

L

1

I Dir. 90/119 01/01/93

**B**

**I**

**54.** **90/217/EEC** **: Council Decision of 25 April 1990 on financial aid from the Community for the**
**eradication of African swine fever in Sardinia (OJ** **L116,** **08/05/90)**

**55.** **90/218/EEC:** **Council Decision of 25 April 1990 concerning the administration of Bovine**
**Somatotrophin** **(BST)** (OJ **L** 116, 08/05/90)

Amendments

Council Dec. 91/61 (OJ L 37, 09/02/91)
Council Dec. 92/98 (OJ L 39, 15/02/92)

**56.** **90/242/EEC** **: Council Decision of 21 May 1990 introducing a Community financial measure**
**for** **the eradication of brucellosis in sheep and goats** (OJ **L 140,** 01/06/90)

Implementing measures

Commission Dec. 91/217 (OJ L97,18/04/91)
Commission Dec. 91/218 (OJ L 97, 18/04/91)
Commission Dec. 91/219 (OJ L 97, 18/04/91)

Commission Dec. 91/220 (OJ L 97, 16704/91)
Commission Dec. 91/421 (OJ L232, 21/08/91)

**11=** **measures** **notified;** **Nl= measures not** **incorporated;** **D=** **derogation;** **IR= infringement proceedings under** **way,** **NN= no measures necessary**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

**ANNEX2** **37**

57. 90/423/EEC : Council Directive of 26 June 1990 améndinf Directive 85/511/EEC introducing
Community measures for the control of foot and mouth disease, Directive 64/432/EEC on
animal health problems affecting intra-Community trade in bovine animal and swine **and**
Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries
(OJL 224,18/08/90)

Implementing measures

Commission Dec. 91/42 (OJ L 23, 29/01/91 )
Commission Dec. 92/105 (OJ L 41, 18/02/92)
Commission Dec. 93/455 (OJ L 213, 24/08/93)

Transposition

DK

1

D

**1**

EL

1

E

IR

F

1

IRL

1

1

1

NL

1

P

1

Comments

L

1

UK

1

I Dir. 90/423 101/01/92

B

1

**58.** **90/424/EEC : Council Decision of 26 June** **1990** **on expenditure in the veterinary field**
(OJL 224,18/08/90)

Amendments

Council Dec. 91/133 (OJ L 66, 13/03/91)
Council Reg. 3763/91 (OJ L 356, 24/12/91)
Council Dir. 92/117 (OJ L62, 15/03/93)
Council Dir. 92/119 (OJ L 62, 15/03/93)

Implementing measures

Council Dec. 90/495 (OJ L 276, 06/10/90)
Council Dec. 90/638 (OJ L 347,12/12/90)
Commission Dec. 91/8 (OJ L 7, 10/01/91)
Commission Dec. 91/9 (OJ L 7,10/01/91)
Commission Dec. 91/46 (OJ L 23, 29/01/91)
Commission Dec. 91/57 (OJ L 35, 07/02/91)
Commission Dec. 91/70 (OJ L 39, 13/02/91)
Commission Dec. 91/89 (OJ L 49, 22/02/91)
Commission Dec. 91/90 (OJ L 49, 22/02/91)
Council Dec. 91/133 (OJ L 66, 13/03/91)
Commission Dec. 91/171 (OJ L 84, 04/04/91)
Commission Dec. 91/222 (OJ L 98, 19/04/91)
Commission Dec. 91/242 (OJ L 114, 07/05/91
Commission Dec. 91/280 (OJ L 142, 06/06/91
Commission Dec. 91/330 (OJ L 178, 06/07/91
Commission Dec. 91/331 (OJ L 178, 06/07/91
Commission Dec. 91/348 (OJ L 191, 16/07/91
Commission Dec. 91/415 (OJ L 231, 20/08/91
Commission Dec. 91/416 (OJ L 231, 20/08/91
Commission Dec. 91/420 (OJ L 232, 21/08/91
Commission Dec. 91/426 (OJ L 234, 23/08/91
Commission Dec. 91/433 (OJ L 236, 24/08/91
Commission Dec. 91/434 (OJ L 236, 24/08/91
Commission Dec. 91/435 (OJ L 236, 24/08/91
Commission Dec. 93/119 (OJ L 48, 26/02/93)
Commission Dec. 91/436 (OJ L 236, 24/08/91
Commission Dec. 91/437 (OJ L 236, 24/08/91
Commission Dec. 91/438 (OJ L 236, 24/08/91
Commission Dec. 91/447 (OJ L 239, 28/08/91
Commission Dec. 91/539 (OJ L 294, 25/10/91
Commission Dec. 91/644 (OJ L 348, 17/12/91
Commission Dec. 92/1 (OJ L 1, 04/01/92)

Council Dec. 92/337 (OJ L 187, 07/07/92)
Council Dec. 92/438 (OJ L243, 25/08/92)
Commission Dec. 93/439 (OJ L 203, 13/08/93)

Commission Dec. 92/5 (OJ L 4, 09/01/92)
Commission Dec. 92/6 (OJ L 4, 09/01/92)
Council Dir. 92/65 (OJL 268, 14/09/92)
Commission Dec. 92/292 (OJ L 152, 04/06/92)
Commission Dec. 92/299 (OJ L 162, 16/06/92)
Commission Dec. 92/301 (OJ L 162, 16/06/92)
Commission Dec. 92/305 (OJ L 162, 16/06/92)
Commission Dec. 92/581 (OJ L 390, 31/12/92)
Commission Dec. 93/84 (OJ L 36, 12/02/93)
Commission Dec. 93/85 (OJ L 36, 12/02/93)
Commission Dec. 93/87 (OJ L 36, 12/02/93)
Commission Dec. 93/88 (OJ L 36, 12/02/93)
Commission Dec. 93/89 (OJ L 36, 12/02/93)
Commission Dec. 93/90 (OJL 37, 13/02/93)
Commission Dec. 93/91 (OJL 37, 13/02/93)
Commission Dec. 93/92 (OJL 37, 13/02/93)
Commission Dec. 93/93 (OJL 37, 13/02/93)
Commission Dec. 93/94 (OJL 37, 13/02/93)
Commission Dec. 93/230 (OJ L 97, 23/04/93)
Commission Dec. 93/439 (OJ L 203, 13/08/93)
Commission Dec. 93/458 (OJ L 213, 24/08/93)
Commission Dec. 93/459 (OJ L 215, 25/08/93)
Commission Dec. 93/460 (OJ L 215, 25/08/93)
Commission Dec. 93/461 (OJ L215, 25/08/93)
Commission Dec. 93/511 (OJ L239, 24/09/93)
Commission Dec. 93/527 (OJ L 254, 12/10/93)
Commission Dec. 93/566 (OJ L 273, 05/11/93)
Commission Dec. 93/667 (OJ L 303, 10/12/93)
Commission Dec. 93/590 (OJ L 280, 13/11/93)
Commission Dec. 93/686 (OJL 319, 21/12/93)
Commission Dec. 93/689 (OJ L 319, 21/12/93)

_\-_ measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

**THE** COMMUNITY INTERNAL MARKET - 1993 REPORT

**38** **ANNEX2**

**Transposition**

Dir. 92/117

Dir. 92/119

**01/01/94**

**01/10/93**

E

Ni

IR

F

NI

IR

DK

**NI**

**IR**

D

NI

IR

IRL

NI

IR

EL

NI

IR

I

NI

I

P

NI

IR

UK

NI

IR

Comments

L

NI

IR

NL

NI

IR

B

**NI**

**IR**

**59.** **90/425/EEC** **: Council Directive of 26 June 1990 conceming veterinary and zootechnicai**
**checks applicable in** **intra-Community** **trade in certain live animals and products with a view**
**to the completion of** **the** **intemal market** **(OJ L 224,18/08/90)**

**Amendments**

**Council Dir. 90/539 (OJ L 303, 31/10790)**
**Council Dir.** **90/667** **(OJ L 363, 27/12/90)**
**Council Dir. 91/67 (OJ L 46,** **19/02/91)**
**Council Dir. 91/68 (OJ L 46, 19/02/91)**
**Council Dir. 91/174 (OJ L 85, 05/04/91)**

**implementing measures**

**Commission Dec. 91/52 (OJ L 34,** **06/02/91)**
**Commission Dec. 91/56** **(OJL** **35, 07/02/91)**
**Commission Dec.** **91/332** **(OJ L 183, 09/07/91)**
**Commission Dec.** **91/398** **(OJ L** **221,** **09/08/91)**
**Commission Dec. 91/426 (OJ L 234,** **23/08/91** **)**
**Commission Dec. 91/539 (OJ L 294,** **25/10791)**
**Commission Dec. 91/585 (OJ L 314, 15/11/91)**
**Commission Dec. 91/637 (OJ L 343, 13/12/91)**
**Commission Dec. 91/638** **(OJ** **L 343, 13/12/91)**
**Commission Dec. 92/104** **(OJL** **41,** **18/02/92)**
**Commission Dec.** **92/175** **(OJ L 80, 25/03/92)**
**Commission Dec.** **92/176** **(OJ L 80,** **25/03/92)**
**Commission Dec.** **92/188** **(OJ L 87, 02/04/92)**
**Commission Dec.** **92/290 (OJ** **L 152, 04/06792)**
**Commission Dec.** **92/341** **(OJ L 188, 08/07/92)**
**Commission Dec.** **92/373** **(OJ L 195, 14/07/92)**
**Commission Dec.** **92/478** **(OJ L 282, 26/09/92)**
**Commission Dec.** **92/486** **(OJ L** **291,** **07/10/92)**
**Commission Dec.** **92/490** **(OJ L 294,** **10/10/92)**
**Commission Dec.** **92/495** **(OJ L 299, 15/10792)**
**Commission Dec.** **93/4** **(OJ L 4, 08/01/93)**
**Commission Dec.** **93/28** **(OJ L 16, 25/01/93)**
**Commission Dec.** **93/70** **(OJ L 25, 02/02/93)**
**Commission Dec.** **93/71** **(OJ L 25, 02/02/93)**
**Commission Dec.** **93/128** **(OJ L** **50,** **02/03/93)**
**Commission Dec.** **93/162** **(OJ L** **67.** **19/03/93)**
**Commission Dec. 93/168 (OJ L 69, 20/03/93)**
**Commission Dec.** **93/177** **(OJ L 74, 27/03/93)**

**Transposition**

**Council Dir. 91/496 (OJ L 268, 24/09/91)**
**Council Dir.** **91/628** **(OJ L** **340.11/12/91)**
**Council Dir.** **92/60** **(OJ L 268, 14/09/92)**
**Council Dir.** **92/65** **(OJ L** **268,14/09/92)**
**Council Dir.** **92/118** **(OJ L 62,** **15/03/93)**

**93/178** **(OJ**
**93/179** **(OJ**
**93/180** **(OJ**
**93/188** **(OJ**
**93/227** **(OJ**
**93/228** **(OJ**
**93/241** **(OJ**
**93/242** **(OJ**
**93/243** **(OJ**
**93/335** **(OJ**
**93/336** **(OJ**
**93/364** **(OJ**
**93/372** **(OJ**
**93/397** **(OJ**
**93/444** **(OJ**
**93/497** **(OJ**
**93/498** **(OJ**
**93/531** **(OJ**
**93/566** **(OJ**
**93/575** **(OJ**
**93/582** **(OJ**
**93/600** **(OJ**
**93/601** **(OJ**
**93/602 (OJ**
**93/621** **(OJ**
**93/671** **(OJ**
**93/687** **(OJ**
**93/720** **(OJ**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**Commission Dec.**

**L 74, 27/03/93)**
**L 74,** **27/03/93)**
**L 75,** **30703/93)**
**L 82, 03/04/93)**
**L 97, 23/04/93)**
**L 97,** _**23104/93)**_
**L** **110,** **04/05/93)**
**L 110,** **04/05/93)**
**L 110,** **04/05/93)**
**L 132,** **29/05/93)**
**L** **132,** **29/05/93)**
**L** **150,** **22/06793)**
**L** **155,** **26706/93)**
**L 173,** **16/07/93)**
**L** **208, 19/08/93)**
**L 233,** **16/09/93)**
**L 234, 17/09/93)**
**L 258, 16/10/93)**
**L** **273,** **05/11/93)**
**L** **276, 09/11/93)**
**L278,** **11/11/93)**
**L** **285, 20/11/93)**
**L** **285, 20/11/93)**
**L** **285, 20/11/93)**
**L 297,** **02/12/93)**
**L306,** **11/12/93)**
**L 319, 21/12/93)**
**L 333, 31/12/93)**

D

1

1

1

IR

1

1

1

IR

1

DK

**1**

**1**

**1**

**1**

**IR**

**1**

**1**

**1**

**1**

E

1

1

IR

IR

IR

1

1

IR

1

F

IR

1

1

IR

IR

IR

IR

IR

NI

1

1

IR

1

1

1

1

1

1

1

IRL

IR

1

IR

IR

1

IR

IR

IR

NI

L

IR

NL

IR

1

IR

1

1

IR

1

1

NI

P

1

1

1

IR

1

IR

1

1

1

EL

1

1

1

IR

IR

1

1

IR

1

UK Comments

1: partial transposition

B

**1**

**1**

**IR**

**1**

**1**

**I**

**1**

**IR**

**1**

Dir. 90/425

Dir. 90/539

Dir. 90/667

Dir. 91/67

Dir. 91/68

Dir. 91/174

Dir. 91/496

Dir. 91/628

Dir. 92/60

**01/07/92**

**01/05/92**

**31/12/91**

**31/12/92**

**31/12/92**

**01/01/92**

**01/12/91**

**01/01/93**

**01/07/92**

**11»** **measures** **notified;** **Nl= measures not incorporated; D=** **derogation;** **IR=** **infringement proceedings under** **way;** **NN= no measures necessary**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

NI

NI

NI

NI

NI

NI

NI

NI

NI

NI

ANNEX2 39

NI

NI transposition:
01/01/93: Arts 12(2), 17
01/01/94: other articles

NI

NI

NI

NI

NI

NI

NI

NI

NI

NI

Dir. 92/65

Dir. 92/118

01/01/94

01/01/93

I

NI

**60.** **90/426/EEC** **: Council Directive of 26 June 1990 on animal health conditions goveming the**
**movement and import from third countries of equidae (OJ L** **224,18/8/90)**

Amendments

Council Dir. 91/496 (OJ L 268, 24/09/91)
Commission Dec. 92/130 (OJ L 47, 22/02/92)
Council Dir. 92/36 (OJ L 157, 10/06/92)

Implementing measures

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

L 86, 06/04/93)
L 86, 06/04/93)
L 138, 09/06/93)
L 237, 22/09/93)
L 238, 23/09/93)
L 238, 23/09/93)
L 296, 01/12/93)
L 317, 18/12/93)

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Transposition

91/645 (OJ L 349, 16712/91)
92/14 (OJ L 8,14/01/92)
92/130 (OJ L 47, 22/02/92)
92/160 (OJ L 71, 18/03/92)
92/161 (OJL 71, 18/03/92)
92/162 (OJ L 71, 18/03/92)
92/216 (OJ L 104, 22/04/92)
92/531 (OJ L334,19/11/92)
93/195 (OJ L 86, 06704/93)

93/196 (OJ
93/197 (OJ
93/344 (OJ
93/507 (OJ
93/509 (OJ
93/510 (OJ
93/616 (OJ
93/682 (OJ

D

I

I

IR

EL

I

I

I

E

I

I

I

F

IR

IR

IR

IRL

I

IR

IR

I

IR

I

IR

L

1

1

IR

DK

I

I

IR

NL

1

1

IR

P

1

1

1

UK

1

1

1

Comments

B

**I**

I

**I**

Dir. 90/426

Dir. 91/496

Dir. 92/36

01/01/92

01/12/91

31/12/92

**61.** **90/427/EEC : Council Directive of 26 June 1990 on the zootechnicai and genealogical condi-**
**tions governing** **intra-Community** **trade in equidae** (OJ L **224,** 18/08/90)

Implementing measures

Commission Dec. 92/353 (OJ L 192,11/07/92)
Commission Dec. 92/354 (OJ L 192, 11/07/92)
Commission Dec. 93/623 (OJ L 298, 03/12/93)

Transposition

D

1

EL

1

E

1

F

1

IRL

1

1

1

DK

1

NL

IR

P

1

UK

1

Comments

L

1

I Dir. 90/427 01/07/91

B

I

**62.** **90/428/EEC : Council Directive of 26 June 1990 on trade in equidae intended for competitions**
**and laying down the conditions for participation therein** (OJ L 224,18/08/90)

Implementing measures

Commission Dec. 92/216 (OJ L 104, 22/04/92)

Transposition

DK

I

D

IR

EL

I

E

IR

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

Dir. 90/428 101/07/91

B

I

I I [s] measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**40** **ANNEX2**

**63.** **90/429/EEC** **: Council Directive of 26 June 1990 laying down the animal health requirements**
**applicable to** **intra-Community** **trade in and imports of semen of domestic animals of the por-**
**cine species (OJ L** **224,18/08790)**

Implementing measures

Commission Dec. 93/160 (OJ L67,19/03/93)
Commission Dec. 93/199 (OJ L 86, 06704/93)

Transposition

DK

**I**

**D**

**I**

E

I

IRL

I

I

IR

L

I

P

1

UK

1

EL

I

F

I

NL

1

Comments

I Dir. 90/429 131/12/91

B

**I**

**64.** **90/442/EEC** **: Commission Decision of 25 July 1990 laying down the codes for the notification**
**of animal diseases** **(OJ** **L 227, 21/08/90)**

**65.** **90/495/EEC:** **Council** **Decision** **of 24 September 1990 introducing a Community financial**
**measure with a view to the** **eradication** **of infectious** **haemopoietic** **necrosis of** **salmonlds** **in**
**the Community (OJ L** 276, 06/10/90)

Implementing measures

Commission Dec. 91/640 (OJ L 344,14/12/91)
Commission Dec. 91/641 (OJ L 344, 14/12/91)
Commission Dec. 92/45 (OJ L 17, 24/01/92)
Commission Dec. 92/46 (OJ L _Ml_ 24701/92)

Commission Dec. 92/88 (OJ L 32, 08/02/92)
Commission Dec. 92/102 (OJ L 39,15/02/92)
Commission Dec. 93/75 (OJ L 27, 04/02/93)
Commission Dec. 93/76 (OJ **L** **27,** 04/02/93)

**66.** **90/539/EEC : Council Directive of 15 October 1990 on animal health conditions governing**
**intra-Community trade in, and imports from third countries of poultry and hatching eggs**
**(OJL** 303, 31/10/90)

Amendments

Council Dir. 91/494 (OJ L 268, 24/09/91)
Council Dir. 91/496 (OJ L 268, 24/09/91)

Implementing measures

Commission Dec. 91/552 (OJ L 298, 29/10/91)
Commission Dec. 92/281 (OJ L 150, 02/06792)
Commission Dec. 92/282 (OJ L150, 02/06/92)
Commission Dec. 92/283 (OJ L 150, 02/06/92)
Commission Dec. 92/339 (OJ L 188, 08/07/92)
Commission Dec. 92/340 (OJ L 188, 08/07/92)
Commission Dec. 92/342 (OJ L 188, 08/07/92)

Transposition

Commission Dec. 92/369 (OJ L 195, 14/07/92)
Council Dir. 92/65 (OJ L 268, 14/09/92)

92/344 (OJ
92/345 (OJ
92/379 (OJ
92/381 (OJ
92/480 (OJ
93/152 (OJ
93/342 (OJ

Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.

L 188, 08/07/92)
L 188, 08/07/92)
L 198, 17/07/92)
L198, 17/07/92)
L 284, 29/09/92)
L 59, 12/03/93)
L 137, 08/06/93)

DK

**I**

I

**I**

**NI**

D

I

I

I

NI

E

I

I

I

NI

IRL

I

I

IR

NI

EL

I

IR

I

NI

I

IR

I

I

NI

L

I

I

I

NI

P

I

IR

I

NI

F

I

IR

IR

NI

NL

I

I

I

NI

UK

I

I

I

NI

Comments
I: partial transposition

B

I

I

**I**

**I**

Dir. 90/539

Dir. 91/494

Dir. 91/496

Dir. 92/65

01/05/92

01/05/92

01/12/91

01/01/94

**67.** **90/667/EEC : Council Directive of 27 November 1990 laying down the veterinary rules for the**
**disposal and processing of animal waste, for its placing on the market and for the prevention**
**of pathogens in feedstuffs of animal** **or** **fish origin and amending Directive 90/425/EEC**
(OJL 363, 27/12/90)

Amendments

Council Dir. 92/118 (OJ L 62, 15/03/93)

j l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET                            - 1993 REPORT

Transposition

E

IR

NI

EL

I

NI

DK

**I**

NI

D

I

NI

F

I

NI

IRL

IR

NI

I

I

NI

L

I

NI

UK

I

NI

ANNEX 2 41

Comments

transposition:
01/01/93: Arts 12(2), 17
01/01/94: other articles

P

I

NI

NL

IR

NI

B

IR

NI

Dir. 90/667

Dir. 92/118

31/12/91

01/01/93

**68.**

**90/675/EEC** **: Council Directive of 10 December 1990 laying down the principles governing the**
**organization of veterinary checks on products entering the Community from third countries**
**(OJL** **373,** 31/12/90)

Amendments

Council Dir. 91/496 (OJ L 268, 24/09/91)
Council Dir. 92/118 (OJ L 62, 15/03/93)

Implementing measures

Commission Dec. 91/146 (OJL 73, 20/03/91)
Commission Dec. 91/168 (OJL 82, 28/03/91)
Commission Dec. 91/280 (OJL 142, 06/06/91)
Commission Dec. 91/281 (OJ L 142, 06/06/91)
Commission Dec. 91/282 (OJ L 142, 06/06/91)
Commission Dec. 91/393 (OJ L 209, 31/07/91)
Commission Dec. 91/541 (OJ L 294, 25/10/91)
Commission Dec. 92/91 (OJ L 32, 08/02/92)
Commission Dec. 92/271 (OJ L 138, 21/05/92)
Commission Dec. 92/356 (OJ L 192, 11/07/92)
Commission Dec. 92/430 (OJ L 237, 20/08/92)
Commission Dec. 92/525 (OJ L 331, 17/11/92)
Commission Dec. 92/563 (OJ L 361, 10/12/92)
Commission Dec. 92/571 (OJ L 367, 16/12/92)
Commission Dec. 93/13 (OJL 9, 15/01/93)
Commission Dec. 93/14 (OJL 9, 15/01/93)
Commission Dec. 93/21 (OJ L 16, 25/01/93)
Commission Dec. 93/83 (OJL 35, 11/02/93)

Transposition

Council Dec. 92/438 (OJ L 243, 25/08/92)
Council Reg. 1601/92 (OJ L 173, 27/06/92)

Commission Dec. 93/88 (OJL 26, 12/02/93)
Commission Dec. 93/96 (OJL 37, 13/02/93)
Commission Dec. 93/170 (OJL 71, 24/03/93)
Commission Dec. 93/242 (OJ L 110, 04/05/93)
Commission Dec. 93/335 (OJ L 132, 29/05/93)
Commission Dec. 93/352 (OJ L **144,** 16/06/93)
Commission Dec. 93/372 (OJ L 155, 26706/93)
Commission Dec. 93/397 (OJ L 173, 16/07/93)
Commission Dec. 93/398 (OJ L 174, 17/07/93)
Commission Dec. 93/418 (OJL 191, 31/07/93)
Commission Dec. 93/420 (OJ L 191, 31/07/93)
Commission Dec. 93/427 (OJ L 197, 06/08/93)
Commission Dec. 93/498 (OJ L 234, 17/09/93)
Commission Dec. 93/511 (OJ L239, 24/09/93)
Commission Dec. 93/528 (OJ L 255, 13/10/93)
Commission Dec. 93/695 (OJ L 320, 22/12/93)
Commission Dec. 93/700 (OJ L 324, 24/12/93)

DK

**1**

1

NI

D

1

1

NI

EL

1

1

NI

E

IR

1

NI

F

IR

IR

NI

IRL

IR

IR

NI

1

1

1

NI

L

1

1

NI

NL

1

1

NI

P

1

1

NI

UK

1

1

NI

Comments

transposition:
01/01/93: Arts 12(2), 17
01/01/94: other articles

B

I

1

NI

Dir. 90/675

Dir. 91/496

Dir. 92/118

01/07/92

01/12/91

01/01/93

**69.** **90/678/EEC : Council Decision of 13 December 1990 recognizing certain parts of the territory**
**of the Community as being either officially swine fever free or swine fever free**
(OJL 373, 31/12/90)

70.

**2377/90 (EEC) : Council Regulation of 26 June 1990 laying down a Community procedure for**
**the establishment of maximum residue limits of veterinary medicinal products in foodstuffs**
**of animal origin** (OJ L 224, 18/08/90)

Amendments

Council Reg. 675/92 (OJ L 73, 19/03/92)
Council Reg. 762/92 (OJ L 83, 28/03/92)

Council Reg. 3093/92 (OJ L 311, 28/10/92)
Council Reg. 895/93 (OJ L 93, 17/04/93)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary]

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

42 ANNEX2

**71.** **91/67/EEC: Council Directive of 28 January 1991 concerning the animal health conditions**
**governing the placing on the market of aquaculture animals and products**
**(OJL** **46,** 19/02/91)

Derogations Amendments

Commission Dec. 93/55 (OJ L 14, 22/01/93) Council Dir. 93/54 (OJ L 175, 19/07/93)
Commission Dec. 93/169 (OJ L 71, 24/03/93)

Implementing measures

Commission Dec. 92/532 (OJ L 337, 21/11/92)
Commission Dec. 92/528 (OJ L 332, 18/11/92)
Commission Dec. 92/538 (OJL347, 28/11/92)
Commission Dec. 93/55 (OJ L 14, 22/01/93)
Commission Dec. 93/56 (OJ L 14, 22/01/93)
Commission Dec. 93/57 (OJ L 14, 22/01/93)
Commission Dec. 93/58 (OJ L 14, 22/01/93)
Commission Dec. 93/59 (OJ L 14, 22/01/93)

Transposition

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

Commission Dec.

25/01/93)
25/01/93)
25/01/93)
25/01/93)
04/02/93)
04/02/93)
, 24/03/93)

93/22 (OJ L 16,
93/39 (OJ L 16,
93/40 (OJ L 16,
93/44 (OJ L 16,
93/73 (OJL27,
93/74 (OJL27,
93/169 (OJ L 71

DK

1

EL

IR

E

IR

F

IR

IRL

IR

D

IR

1

1

NL

1

UK

1

L

1

P

IR

Comments

B

I

Dir. 91/67

Dir. 92/53

Dir. 92/54

31/12/92

01/07/94

01/07/94

**72.**

**73.**

**74.**

**91/492/EEC** **: Council Directive of 15 July 1991 laying down the health conditions** **for** **the pro-**
**duction and the placing on the market of live bivalve molluscs (OJ L** **268,** **24/09/91)**

Implementing measures

**91/68/EEC** **: Council Directive of 28 January 1991 on animal health conditions governing intra-**
**Community trade in ovine and caprine animals (OJ L** **46,19/02/91)**

Implementing measures

Commission Dec. 93/52 (OJ L 13, 21/01/93)
Commission Dec. 93/77 (OJ L 30, 06/02/93)

Transposition

EL

IR

E

IR

F

IR

DK

IR

D

1

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

| Dir. 91/68 31/12/92

B

1

**91/174/EEC : Council Directive of 25 March 1991 laying down zootechnicai and pedigree**
**requirements for the marketing of pure-bred animals and amending Directives 77/504/EEC**
**and 90/425/EEC** (OJ **L** 85, 05/04/91)

Transposition

D

I

DK

I

EL

I

E

I

IRL

IR

L

IR

F

IR

I

I

NL

IR

P

IR

UK

I

Comments

Dir. 91/174 01/01/92

B

I

Commission Dec. 92/92 (OJ L 34, 11/02/92)
Commission Dec. 93/25 (OJ L 16, 25/01/93)
Council Dec. 93/383 (OJ L 166, 08/07/93)

Commission Dec. 93/387 (OJ L 166, 08/07/93)
Commission Dec. 93/530 (OJ L 258, 16/10/93)

Transposition

| Dir. 91/492 101/01/93

DK

IR

IRL

IR

NL

UK Comments

IR

EL

IR IR

I» measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**75.**

**76.**

**77.**

**78.**

**ANNEX2** **43**

**91/493/EEC :** **Council Directive of** 22 **July 1991 laying down the health conditions for the pro-**
**duction and the placing on the market of fishery products (OJ L** **268,** **24/09/91)**

Implementing measures

**91/496/EEC : Council Directive of 15 July 1991 laying down the principles governing the**
**organization of veterinary checks on animals entering the Community from third countries**
**and amending Directives** **89/662/EEC,** **90/425/EEC and 90/675/EEC (OJ L 268, 24/09/91)**

Amendments

Council Dir. 91/628 (OJ L 340, 11/12/91)
Council Dec. 92/438 (OJ L 243, 25/08/92)

Implementing measures

Commission Dec. 93/25 (OJ L 16, 25/01/93)
Council Dir. 92/48 (OJ L 187, 07/07/92)
Commission Dec. 93/54 (OJ L 19, 21/01/93)
Commission Dec. 93/185 (OJ L 79, 01/04/93)
Commission Dec. 93/351 (OJ L 144,16/06/93)
Commission Dec. 93/352 (OJ L **144,** 16706/93)
Council Dec. 93/383 (OJ L 166, 08/07/93)

Transposition

Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.
Commission Dec.

L202,
L202,
L232,
L232,
L252,
L289,
L620,

93/436 (OJ
**93/437** (OJ
**93/494** (OJ
**93/495** **(OJ**
93/525 (OJ
93/606 (OJ
93/620 (OJ

12/08/93)
12/08/93)
15/09/93)
15/09/93)
**09/10793)**
**24/11/93**
**02/12/93)**

D

IR

IR

E

1

IR

1

1

IR

EL

IR

IR

F

1

1

IRL

IR

IR

NL

1

1

P

IR

IR

L

1

IR

UK

1

1

DK

**1**

1

Comments

B

I

IR

Dir. 91/493

Dir. 92/48

01/01/93

01/01/93

**91/494/EEC** **: Council Directive of 26 June 1991 on animal health conditions goveming intra-**
**Community trade in and imports from third countries of fresh poultrymeat**
**(OJL** **268,** **24/09/91)**

**Amendments**

**Council** Dir. 92/116 (OJ L 62, 15/03/93)

Transposition

Implementing measures

Commission **Dec.** 93/342 (OJ L **137,** 08/06/93)

D

I

NI

E

I

NI

EL

IR

NI

F

IR

NI

IRL

I

NI

I

I

NI

L

1

NI

NL

1

NI

P

IR

NI

UK

1

NI

DK

I

NI

Comments

B

I

NI

Dir. 91/494

Dir. 92/116

01/05/92

01/01/94

**91/495/EEC : Council Directive of 27 November 1990 concerning public health and animal**
**health problems affecting the production and placing on the market of rabbit meat and**
**farmed** **game meat** (OJ **L** 268, 24/09/91)

Amendments

Council Dir. 92/65 (OJ L 268, 14/09/92)
Council Dir. 92/116 (OJ L 62, 15/03/93)

Transposition

D

IR

NI

NI

EL

IR

NI

NI

E

NI

NI

NI

F

IR

NI

NI

IRL

IR

NI

NI

I

I

NI

NI

NL

IR

NI

NI

P

I

NI

NI

UK

IR

NI

NI

DK

IR

NI

NI

L

I

NI

NI

B

I

I

NI

Comments
E: partial transposition

Dir. 91/495

Dir. 92/65

Dir. 92/116

01/01/93

01/01/94

01/01/94

Commission Dec. 92/257 (OJ L 332, 18/11/92)
Commission Dec. 92/271 (OJ L 138, 21/05/92)
Commission Dec. 92/424 (OJ L 232, 14/08/92)
Commission Dec. 92/431 (OJ L 237, 20/08/92)
Commission Dec. 92/432 (OJ L 237, 20/08/92)
Commission Dec. 93/21 (OJ L 16, 25/01/91)
Commission Dec. 93/51 (OJ L 13, 21/01/93)

Commission Dec. 93/79 (OJ L 30, 06/02/93)
Commission Dec. 93/83 (OJL 35, 11/02/93)
Commission Dec. 93/88 (OJ L 36, 12/02/93)
Commission Dec. 93/143 (OJ L 56, 09/03/93)
Commission Dec. 93/144 (OJ L 56. 09/03/93)
Commission Dec. 93/181 (OJ L 78, 31/03/93)
Commission Dec. 93/182 (OJL 78, 31/03/93)

l= measures notified; Nl= measures not Incorporated; D [s] derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**44** **ANNEX2**

**17/07/93)**
**31/07/93)**
**06708/93)**
**10709/93)**
**17/09/93)**
**22/09/93)**
**24/09/93)**
**08/10/93)**
**22/12/93)**

**93/209** **(OJ**
**93/210** **(OJ**
**93/242** **(OJ**
**93/321** **(OJ**
**93/335** **(OJ**
**93/343** **(OJ**
**93/372** **(OJ**
**93/183** **(OJ**
**93/184** **(OJ**
**93/397** **(OJ**

**93/398** (OJ
**93/420** **(OJ**
**93/427** **(OJ**
**93/491** **(OJ**
**93/498** **(OJ**
**93/507** **(OJ**
**93/511** **(OJ**
**93/523** **(OJ**
**93/694** **(OJ**

**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**
**Commission Dec.**

**L** **88,** **08/04/93)**
**L** **90,14/04793)**
**L** **110,** **04/05/93)**
**L** **123,** _**19105193)**_
**L** **132,** _**29105193)**_
**L137,** **08/06/93)**
**L155,** **26706793)**
**L** **78,** **31/03/93)**
**L** **78,** **31/03/93)**
**L173,** 16707/93)

Commission Dec.
Commission **Dec**
Commission Dec.
Commission **Dec.**
Commission **Dec.**
Commission **Dec.**
Commission **Dec.**
Commission **Dec.**
Commission **Dec.**

**L174,**
**L191,**
**L197,**
**L229,**
**L234,**
**L237,**
**L239,**
**L251,**
**L320,**

DK

**1**

**1**

D

1

IR

EL

1

IR

IRL

IR

IR

1

1

1

NL

1

1

P

1

IR

UK

1

1

L

1

1

E 1 F

1 1 IR

IR 1 IR

Comments

B

**1**

IR

Dir. 91/496

Dir. 91/628

**01/12/91**

01/01/93

**79.** **91/498/EEC** **: Council Directive of 29 July 1991 on the conditions for granting temporary and**
**limited derogations** **from** **specific Community health rules on the production and marketing of**
**fresh meat** (OJ L 268, 24/09/91)

implementing measures

Commission Dec. 94/14 (OJ **L 14,** **17/01/94)**

Transposition

**DK**

**1**

EL

1

F

1

IRL

1

1

1

**D**

**1**

E

1

Comments
Directive optional

L

1

NL

1

P

1

UK

1

I Dir. 91/498 01/01/92

**B**

**I**

**80.** **91/628/EEC** **: Council Directive of 19 November 1991 on the protection of animals** **during**
**transport and amending Directives** **90/425/EEC** **and** **91/496/EEC** **(OJ L** **340,11/12/91)**

Amendments

Council Dec. 92/438 (OJ L 243, 25/08/92)

Transposition

DK

**1**

D

IR

EL

IR

F

IR

E

IR

IRL

IR

1

1

UK

1

L

1

NL

1

P

IR

Comments

| Dir. 91/628 01/01/93

B

IR

**81.** **91/629/EEC : Council Directive of 19 November** **1991** **laying down minimum standards for the**
**protection of calves (OJ L** **340,11/12/91)**

Transposition

**DK**

**1**

**D**

**NI**

EL

NI

E

NI

F

NI

IRL

NI

1

1

L

NI

NL

NI

UK

NI

P

1

Comments

| Dir. 91/629 01/01/94

**B**

**NI**

**82.** **91/630/EEC** **: Council Directive of 19 November 1991 laying down minimum standards for the**
**protection of pigs (OJ L** **340,11/12/91)**

Transposition

**DK**

**1**

**D**

**NI**

EL

NI

E

NI

F

NI

IRL

NI

1

1

L

NI

NL

NI

P

NI

UK

NI

Comments

Dir. 91/630 01/01/94

**B**

**NI**

**83.** **92/35/EEC** **: Council Directive of 29 April 1992 laying down control rules and measures to**
**combat African horse sickness** (OJ **L** **157,** 10/06/92)

Implemepting measures

Council Dir. 92/36 (OJ L 157, 10/06/92)

l= measures notified; Nl= measures not incorporated; 0= derogation; IR= infringement proceedings underway; NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**Transposition**

DK

**I**

**IR**

D

IR

IR

EL

IR

I

E

I

I

F

IR

IR

IRL

IR

IR

UK

I

ANNEX 2 45

Comments

I

IR

IR

P

I

I

L

I

IR

NL

I

IR

Dir. 92/35

_Dir._ _92/36_

**31/12/92**

**31/12/92**

B

**I**

**I**

**84.**

**85.**

**86.**

**87.**

**88.**

**92/65/EEC** **: Council Directive of** **13** **July** **1992** **laying down animal health requirements govern-**
**ing trade in and imports into the Community of** **animals,** **semen, ova and embryos not subject**
**to animal health requirements laid down in specific Community rules referred to in Annex A**
**(I) to Directive 90/425/EEC (OJ** **L 268,14/09/92)**

Transposition

**92/40/EEC** **: Council Directive of 19 May** **1992** **introducing Community measures for the** **con-**
**trol of** **avian** **influenza (OJ** **L167,22/06/92)**

Transposition

**DK**

**I**

**D**

**IR**

E

I

F

IR

L

I

EL

IR

IRL

IR

I

IR

NL

I

P

1

UK

IR

Comments

I Dir. 92/40 101/01/93

**B**

**IR**

**92/45/EEC** **: Council Directive of 16 June** **1992** **on public health and animal health problems**
**relating to the killing of** **wild** **game and the placing on the market of wild-game meat**
**(OJL 268,14/09/92)**

**Amendments**

**Council** **Dir.** **92/116 (OJ L** **62,** **15/03/93)**

**Transposition**

DK

**NI**

**NI**

D

NI

NI

EL

NI

NI

E

NI

NI

F

NI

NI

IRL

NI

NI

I

NI

NI

L

NI

NI

NL

NI

NI

P

NI

NI

UK

NI

NI

Comments

B

**NI**

**NI**

Dir. 92/45

Dir. 92/116

**01/01/94**

**01/01/94**

**92/46/EEC** **: Council Directive of 16 June 1992 laying down the health rules for the production**
**and placing on the market of raw** **milk,** **heat-treated milk and milk-based products**
**(OJL 268,14/09/92)**

**Amendments**

**Council Dir.** **92/118** **(OJ L 62,** **15/03/93)**

**Transposition**

DK

**NI**

**NI**

D

NI

NI

EL

NI

NI

E

NI

NI

F

NI

NI

IRL

NI

NI

I

NI

NI

P

1

NI

L

NI

NI

NL

NI

NI

UK

NI

NI

Comments

transposition:
01/01/93: Arts 12(2), 17
01/01/94: other articles

B

**NI**

**NI**

Dir. 92/46

Dir. 92/118

**01/01/94**

**01/01/93**

**92/47/EEC** **: Council Directive of 16 June 1992 on the conditions for granting temporary and**
**limited derogations from specific Community health rules on the production and placing on**
**the market of milk and** **milk-based** **products (OJ** **L 268,14/09/92)**

Transposition

**DK**

**NN**

**D**

**I**

EL

NN

E

I

F

NN

IRL

NN

I

NN

L

NN

NL

NN

P

1

UK

NN

Comments
Directive optional

Dir. 92/47 101/01/94

**B**

**I**

F

NI

IRL

NI

**DK**

**NI**

**D**

**NI**

EL

NI

E

NI

UK

NI

I

NI

NL

NI

P

NI

L

NI

Comments

Dir. 92/65 01/01/94

**B**

**I**

**l= measures** notified; Nl= measures **not** incorporated; P= derogation; IR= Infringement proceedings under way; NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

46 ANNEX2

**89.** **92/66/EEC** **: Council Directive of 14 July 1992 introducing Community measures for the** **con-**
**trol of Newcastle disease (OJ** **L** **260,** **05/09/92)**

Transposition

DK

1

EL

IR

E

1

L

1

NL

1

D

IR

F

IR

IRL

IR

1

IR

P

1

UK

IR

Comments

| Dir. 92/66 |01/10/93

B

IR

**90.**

**91.**

**92.**

**93.**

**92/102/EEC** **: Council Directive of 27 November 1992 on the identification and registration of**
**animals (OJ** **L** **355,** **05/12/92)**

Implementing measures

Commission Dec. 93/317 (OJ L 122, 16705/93)

Transposition

**927119/EEC:** **Council Directive of 17 December 1992 introducing general Community meas-**
**ures for the control of certain animal diseases and specific measures relating to swine**
**vesicular disease (OJ** **L 62,15/03/93)**

Implementing measures

Commission Dec. 93/178 (OJ L 74, 27/03/93)

Transposition

DK

I

EL

IR

E

IR

L

IR

D

1

F

IR

IRL

IR

1

IR

NL

IR

P

IR

UK

IR

Comments
transposition:
-01/01/93: cattle
- 01/01/94: pigs
- 01/01/95: sheep, goats

Dir. 92/102 01/01/93

B

IR

**92/117/EEC** **: Council Directive of 17 December 1992 concerning measures for protection**
**against specified zoonoses and specified zoonotic agents in animals and products of animal**
**origin in order** **to** **prevent outbreaks of food-borne infections and intoxications**
**(OJL 62,15/03/93)**

Transposition

DK

NI

D

Nl

EL

Nl

E

Nl

IRL

NI

L

Nl

F

NI

I

NI

NL

NI

P

Nl

UK

NI

Comments

I Dir. 92/117 101/01/94

B

Nl

**927118/EEC:** **Council Directive of 17 December 1992 laying down animal health and public**
**health requirements governing trade in and imports into the Community of products not sub-**
**ject to the said requirements laid down in specific Community rules referred to in Annex A (I)**
**to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC**
**(OJL** **62,** **15/03/93)**

**Transposition**

DK

Nl

D

Nl

EL

Nl

E

Nl

IRL

NI

F

NI

I

NI

L

Nl

NL

NI

P

Nl

UK

NI

Comments
transposition:
01/01/93: Arts 12(2), 17
01/01/94: other articles

Dir. 92/118 01/01/93

B

Nl

DK

I

EL

IR

D

IR

E

IR

IRL

IR

F

IR

I

IR

L

IR

NL

IR

P

IR

UK

IR

Comments

| Dir. 92/119 101/10/93

B

IR

l«= measures notified; Nl= measures not incorporated; D= derogation; IR [s] infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2 47

94. 92/120/EEC : Council Directive of 17 December 1992 on the conditions for granting temporary
**and** limited derogations from specific Community health rules on the production and marketing of certain products of animal origin (OJ L 62,15/03/93)

Transposition

DK

NN

F

NN

IRL

NN

UK

NN

Comments
Directive optional

D

NN

EL

NN

E

NN

NL

NN

P

NN

I

NN

L

NN

I Dir. 92/120 |01/01/93

B

NN

95. 92/260/EEC : Commission Decision of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses (OJ L130,15/05/92)

amendments Implementing measures

Commission Dec. 93/344 (OJ L 138, 09/06793) Commission Dec. 93/321 (OJ L 123, 19/05/93)

96. **92/451/EEC** : Commission Decision of 30 July 1992 concerning certain health protection
measures against African swine fever in Sardinia, Italy (OJ L 248,28/08/92)

97. **93/53/EEC:** Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community
measures for the control of certain fish diseases (OJ L175,19/07/93)

Transposition

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

I Dir. 93/53 101/07/94

1. 70/373/EEC : Council Directive of 23 November 1970 concerning additives in feedingstuffs
(OJL 170, 03/08/70)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Council Dir. 72/275 (OJ L 171, 29/07/72)

Transposition

Commission Dec. 73/101 (OJ L 2, 01/01/73)
Council Reg. 85/3768 (OJ L 148, 27/05/82)

DK

1

NN

D

1

NN

EL

1

1

E

1

1

F

1

NN

IRL

1

NN

1

1

NN

L

1

NN

NL

1

NN

P

1

NN

UK

1

NN

Comments

B

I

NN

Dir. 70/373

Dir. 72/275

27/07/71

**2.** **70/524/EEC** **: Council Directive of 23 November 1970 concerning additives in feeding-stuffs**
**(OJL 270,14/12/70)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Commission Dir. 84/587 (OJ L 319,
Commission Dir. 91/248 (OJ L 124,
Commission Dir. 91/249 (OJ L 124,
Commission Dir. 91/336 (OJ L 185,
Commission Dir. 91/508 (OJ L 271,

Transposition

08/12/84)
18/05/91)
18/05/91)
11/07/91)
27/09/91)

Commission Dir. 91/620 (OJ L 334, 05/12/91)
Commission Dir. 92/64 (OJ L 221, 06/08/92)
Commission Dir. 92/99 (OJ L 350, 01/12/92)
Commission Dir. 92/113 (OJL 16, 25/01/93)
Commission Dir. 93/27 (OJL 179, 22/07/73)
Commission Dir. 93/55 (OJ L 206, 18/08/93)
Council Dir. 93/1 14 (OJL 334, 31/12/93)

F

1

1

1

D

1

1

1

EL

1

1

1

E

1

1

1

IRL

1

1

1

P

1

1

1

DK

1

1

1

UK

1

1

1

NL

1

1

1

1

1

1

1

Comments

L

1

1

1

B

I

I

I

Dir. 70/524

Dir. 84/587

Dir. 91/248

25/11/72

03/12/88

11= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

48 ANNEX2

Dir. 91/249

Dir. 91/336

Dir. 91/508

Dir. 91/620

Dir. 92/64

Dir. 92/99

Dir. 92/113

Dir. 93/27

Dir. 93/55

Dir. 93/114

1

1

1

NN

1

Nl

1

1

1

1

1

1

Nl

1

1

1

Nl

1

1

I

1

1

Nl

1

1

**1**

1

**1**

Nl

**1**

Nl

1

1

J

1

1

IR

Nl

IR

1

I

1

1

Nl

1

1

1

30/11/91

30711/91

30/11/92

31/03/92

30/06/93

31/03/94

30/06/94

01/10/94

1

**1**

**1**

**1**

**1**

**Nl**

**1**

1

**1**

1

1

1

1

Nl

1

1

1

1

IR

Nl

IR

**71/250/EEC** **: First Commission Directive of 15 June 1971 establishing Community methods of**
**analysis for the official control of** **feeding-stuffs** **(OJ** **L** 155,12/02/71)

Amendments

Accession Treaty / DK-IRL-UK
Commission Dir. 81/680 (OJ L 246, 29/08/81)

Transposition

UK

1

1

E

1

1

IRL

1

1

P

1

1

DK

**I**

i

D

I

1

EL

1

1

1

1

1

L

1

1

NL

1

1

Comments

F

1

1

**B**

I

**I**

Dir. 71/250

Dir. 81/680

01/07/72

01/12/81

**71/393/EEC** **: Second Commission Directive of 18 November 1971 establishing Community**
**methods of analysis for the** **official** **control of feedingstuffs** (OJ **L** **279,20/12/71)**

Amendments

Commission Dir. 73/47 (OJ L 83, 30/03/73)
Commission Dir. 81/680 (OJ L 246, 29/08/81)
Commission Dir. 84/4 (OJ L 15„ 18/01/84)

E

1

1

1

1

DK

1

1

1

1

D

1

1

1

1

EL

1

1

1

1

F

1

1

1

1

IRL

1

1

1

1

L

1

1

1

1

NL

1

1

1

1

P

1

1

1

1

UK

1

1

1

1

Comments

B

I

I

1

**1**

Dir. 71/393

Dir. 73/47

Dir. 81/680

Dir. 84/4

01/01/73

01/01/73

01/12/81

01/06/84

**72/199/EEC** **: Third Commission Directive of 27 April 1972 establishing Community methods**
**of analysis** **for** **the official control of feedingstuffs** (OJ L 123, 29/05/72)

Amendments

Commission Dir. 81/680 (OJ L 246, 29/08/81)
Commission Dir. 84/4 (OJ L 15, 18/01/84)
Commission Dir. 93/28 (OJ L 179, 22/07/73)

Transposition

E

1

1

1

DK

1

1

1

D

1

1

1

EL

1

1

1

IRL

1

1

1

1

1

1

1

NL

1

1

1

1

P

1

1

1

UK

1

1

1

L

1

1

1

F

1

1

1

Comments

B

1

1

1 '

1

Dir. 72/199

Dir. 81/680

Dir. 84/4

Dir. 93/28

01/07/73

01/12/81

01/06/84

01/07/94

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**112**

ANNEX2 49

**73/46/EEC : Fourth Commission Directive of 5 December 1972 establishing Community meth-**
**ods of analysis for the official control of feedingstuffs** (OJ L 83, 30/03/73)

Amendments

Commission Dir. 81/680 (OJ L 246, 29/08/81)
Commission Dir. 92/89 (OJ L 344, 26/11/92)

Transposition

DK

I

**I**

IR

D

I

I

I

EL

I

I

I

F

1

1

1

E

I

1

IR

P

1

1

IR

IRL

1

1

IR

1

1

1

IR

NL

1

1

1

UK

1

1

IR

L

1

1

IR

Comments

B

I

I

I

Dir. 73/46

Dir. 81/680

Dir. 92/89

01/01/74

01/12/81

01/10/93

**74/63/EEC** **: Council Directive of 17 December 1973 on the fixing of maximum permitted levels**
**for undesirable substances and products in feedingstuffs (OJ L** **38,11/02/74)**

Amendments

Accession Treaty / EL
Commission Dir. 76/14 (OJ L 7, 09/01/76)
Commission Dir. 76/934 (OJ L 364, 31/12/76)
Council Dir. 80/502 (OJ L 124, 20/05/80)
Commission Dir. 83/381 (OJ L 222, 13/08/83)
Council Reg. 85/3768 (OJ L 362, 31/12/85)
Commission Dir. 86/299 (OJ L 189,11/07/86)

Transposition

Council Dir. 86/354 (OJ L 212, 02/08/86)
Commission Dir. 87/238 (OJ L 110, 25/04/87)
Council Dir. 87/519 (OJ L 304, 27/10/87)
Commission Dir. 91/126 (OJ L 60, 07/03/91)
Council Dir. 91/132 (OJ L 66, 13/06/91)
Commission Dir. 92/63 (OJ L 221, 06/08/92)
Council Dir. 92/88 (OJ L 321, 06/11/92)

EL

I

IR

Nl

D

I

Nl

F

1

NI

E

1

IRL

1

—y— — j —

Nl

NL

1

_ _

_~T~_

Nl

P

1

_ _ _

IR

Nl

UK

1

„ J _

Comments

B

I

Nl

DK

**I**

Dir. 74/63

Dir. 76/14

Dir. 76/934

Dir. 80/502

Dir. 83/381

Dir. 86/299

Dir. 86/354

Dir. 87/238

Dir. 87/519

Dir. 91/126

Dir. 91/132

Dir. 92/63,

Dir. 92/88

01/01/76

01/04/76

01/03/77

01/07/80

31/12/83

31/12/87

03/12/88

03/12/88

31/12/90

30/11/91

01/08/91

31/03/93

31/12/93

L

1

1

1

1

1

1

1

1

IR

1

IR

Nl

IR

Nl

**74/203/EEC** **: Fifth Commission Directive of 25 March 1974 establishing Community methods**
**of analysis** **for** **the official control of feedingstuffs** (OJ **L 108, 22/04/74)**

Amendments

Commission Dir. 81/680 (OJ L 246, 29/08/81 )

Transposition

DK

**I**

I

D

I

I

EL

I

I

F

I

I

IRL

1

1

E

I

I

1

1

I

UK

1

1

L

1

1

NL

1

1

P

1

1

Comments

B

I

I

Dir. 74/203

Dir. 81/680

01/11/74

01/12/81

**75/84/EEC : Sixth Commission Directive of 20 December 1974 establishing Community meth-**
**ods of analysis for the official control of feedingstuffs** (OJ L 32, 05/02/75)

Amendments

Commission Dir. 81/680 (OJ L 246, 29/08/81)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

so ANNEX2

Transposition

D

1

1

EL

1

1

E

1

1

DK

**1**

**1**

F

1

1

P

1

1

UK

1

1

IRL

1

1

1

1

1

NL

1

1

Comments

L

1

1

**B**

**I**

**I**

Dir. 75/84

Dir. 81/680

01/11/75

01/12/81

**10.** **76/371/EEC : First Commission Directive of** **1** **March 1976 establishing Community methods of**
**sampling** **for** **the official control of feedingstuffs (OJ** **L102,15/04/76)**

Transposition

B DK EL IRL I NL UK Comments
Dir. **76/371** 101/01/77 | I | I | I | I | I | I | I | I | I | I | I **p**

**11.** **76/372/EEC** **: Seventh Commission Directive of 1 March** **1976** **establishing Community meth-**
**ods of analysis** **for** **the official control of feedingstuffs (OJ** **L102,15/04/76)**

Amendments

Commission Dir. 81/680 (OJ L 246, 29/08/81)
Commission Dir. 92/95 (OJ L 327,13/11/92)

Transposition

DK

**1**

**1**

IR

D

1

1

1

EL

1

1

1

E

1

1

Nl

F

1

1

1

IRL

1

1

1

1

1

1

IR

L

1

1

IR

UK

1

1

Nl

NL

1

1

1

P

1

1

IR

Comments

**B**

**I**

**I**

**1**

Dir. 76/372

Dir. 81/680

Dir. 92/95

01/10/72

01/12/81

01/10/93

**12.** **77/101/EEC** : **Council Directive of 23 November 1976 on the marketing of straight feeding-**
**stuffs (OJ L 32,** 03/02/77)

Amendments

Accession Treaty / EL
Council Dir. 79/372 (OJ L 86, 06/04/79)
Commission Dir. 79/797 (OJ L 239, 22/09/79)
Commission Dir. 82/937 (OJ L 383, 31/12/82)

Transposition

Council Reg. 85/37/68 (OJ L 362, 31/12/85)
Council Dir. 867354 (OJ L 212, 02/08/86)
Commission Dir. 87/234 (OJ L 102, 14/04/87)
Commission Dir. 90/654 (OJ L 353, 17/12/90)

DK

Nl

D

1

1

1

1

1

1

Nl

EL

Nl

E

Nl

F

NI

IRL

NI Nl

L

1

1

1

_k_

1

1

Nl

NL

Nl

UK

Nl

P

Nl

Comments

**B**

**Nl**

Dir. 77/101

Dir. 79/372

Dir. 79/797

Dir. 82/937

Dir. 86/354

Dir. 87/234

Dir. 90/654

01/01/79

01/01/81

01/07/83

03/12/88

30/11/87

**13.** **78/523/EEC : Commission Decision of 30 May 1978 on the measures taken by the Italian**
**Republic to limit the nitrate content of certain feedingstuffs (OJ L** 159, **17/06/78)**

**14.** **78/633/EEC : Eighth Commission Directive of 15 June** **1978** **establishing Community methods**
**of analysis forthe official control of feedingstuffs** (OJ L 206, 29/07/78)

Amendments

Commission Dir. 81/680 (OJ L 246, 29/08/81)
Commission Dir. 84/4 (OJ L 15, 18/01/84)

11° measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

Dir. 78/633 01/01/79

Dir. 81/680 01/12/81

Dir. 84/4 01/06/84

B

**I**

1

**1**

DK

1

**1**

**1**

D

1

1

1

EL

1

1

1

UK

1

1

1

E

1

1

1

ANNEX2 51

Comments

F

1

1

1

NL

1

1

1

P

1

1

1

IRL

1

1

1

L

1

1

1

1

1

1

1

**15.** **79/373/EEC** **: Council Directive of 2 April 1979 on the marketing of compound feedingstuffs**
(OJ **L** 86, 06/04/79)

Amendments

Commission Dir. 80/695 (OJ L 188, _22107180)_
Council Reg. 85/37/68 (OJ L 362, 31/12/85)
Council Dir. 86/354 (OJ L 212, 02/08/86)

Transposition

Council Dir. 90/44 (OJ L 27, 31/01/90)
Commission Dir. 90/654 (OJ L 353,17/12/90)

DK

I

I

1

1

Nl

D

1

1

1

1

Nl

IRL

1

1

1

1

NI Nl

E

1

1

1

1

Nl

F

1

1

1

1

NI

L

1

1

1

1

Nl

NL

1

1

1

1

Nl

EL

1

1

1

1

Nl

P

1

1

1

1

Nl

UK

1

1

1

1

Nl

Comments

B

I

I

I

I

Nl

Dir. 79/373

Dir. 80/695

Dir. 86/354

Dir. 90744

Dir. 90/654

01/01/80

01/01/81

03/12/88

22/01/92

**16.** **80/511/EEC** **: Commission Directive of 2 May 1980 authorizing, in certain cases, the marketing**
**of compound feedingstuffs in unsealed packages or containers (OJ** **L126,21/05/80)**

Transposition

**DK**

**I**

E I F

I j I

**D**

**I**

EL

I

IRL

I

I

I

UK

I

L

I

NL

I

P

I

Comments

I Dir. 80/511 01/01/81

**B**

**I**

**17.**

**18.**

**81/715/EEC** **: Ninth Commission Directive of** **31** **July 1981 establishing Community methods of**
**analysis for the official control of feedingstuffs (OJ L** 257, **10/09/81)**

Transposition

**82/471/EEC** **: Council Directive of** 30 **June 1982 concerning certain products used in animal**
**nutrition** (OJ L 213, 21/07/82)

Amendments

**DK**

**I**

**D**

**I**

E

I

F

I

EL

I

IRL

I

I

I

L

I

UK

I

NL

I

P

I

Comments

I Dir. 81/715 101/12/81

**B**

**I**

Commission Dir. 84/443 (OJ L245, 14/09/84)
Commission Dir. 85/509 (OJ L 314, 23/11/85)
Council Reg. 85/3768 (OJ L 362, 31/12/85)
Commission Dir. 86/530 (OJ L 312, 07/11/86)
Commission Dir. 88/485 (OJ L 239, 30/08/88)

Transposition

Commission Dir. 89/520 (OJ L 270, 19/09/89)
Commission Dir. 90/439 (OJ L 227, 21/08/90)
Commission Dir. 90/654 (OJ L 353, 17/12/90)
Commission Dir. 93/26 (OJ L 179, 22/07/93)
Commission Dir. 93/56 (OJ L 206, 18/08/93)

B DK D EL E F IRL L NL P UK Comments

Dir. 82/471

Dir. 84/443

Dir. 85/509

Dir. 86/530

Dir. 88/485

Dir. 89/520

Dir. 90/439

15/07/84

30/06/85

30/06/86

30/06/88

30/06/88

31/12/90

30/06/91

11= measures notified; Nl= measures not incorporated; D= derogation; IR= Infringement proceedings under way, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

52 ANNEX 2

Dir. 90/654

Dir. 93/26

Dir. 93/56

 
31/03/94

30/06/94

Nl Nl Nl Nl

1

1

Nl Nl Nl Nl Nl Nl

1

1

Nl Nl

**19.**

_**A**_

**82/937/EEC** **: Third Commission Directive of** **21** **December 1982 amending the Annex to Coun-**
**cil Directive** **77/101/EEC** **on the marketing of straight feedingstuffs (OJ** **L** **383, 31/12/82)**

**Amendments**

**Commission** **Dir.** **83/87** **(OJ L** **56,** **03/03/83)**

Transposition

**82/475/EEC** **: Commission Directive of** **23** **June** **1982** **laying down the categories of ingredients**
**which may be used for the purposes of labelling compound feedingstuffs for pet animals**
**(OJL 213,21/07/82)**

**Amendments**

**Commission** **Dir.** **91/334** **(OJ L** **184,** **10/07/91)**

**Transposition**

DK

1

1

D

1

1

EL

1

1

IRL

1

1

UK

1

1

L

1

1

E

1

1

F

1

1

1

1

1

NL

1

1

P

1

1

Comments

B

1

1

Dir. 82/475

Dir. 91/334

01/01/85

22/01/92

DK

1

NN

D

1

NN

EL

1

NN

E

1

NN

F

1

NN

IRL

1

NN

UK

1

NN

L

1

NN

1

1

NN

NL

1

NN

P

1

NN

Comments

B

1

NN

Dir. 82/937

Dir. 83/87

01/07/83

**21.** **83/228/EEC : Council Directive of 18 April 1983 on the fixing of guidelines for the assessment**
**of** **certain** **products used in animal nutrition (OJ** **L126,13/05/83)**

Transposition

D

1

DK

1

EL

1

E

1

F

1

IRL

1

1

1

L

1

P

1

UK

1

NL

1

Comments

| Dir. 83/228 13/07/84

B

1

**22.** **84/425/EEC** **: Tenth Commission Directive of 25 July 1984 establishing Community methods**
**of analysis for the official control of feedingstuffs (OJ** **L** **238,** **06/09/84)**

Transposition

DK

I

D

I

EL

I

E

I

F

I

IRL

I

I

I

L

i

NL

I

P

I

UK

I

Comments

| Dir. 847425 130/06/85

B

I

**23.** **85/382/EEC: Commission Decision of 10 July 1985 prohibiting the use in feedingstuffs of**
**protein products obtained from Candida yeasts cultivated on** **n-alkanes** **(OJ** **L** **217,** **14/08/85)**

**24.** **86/29/EEC : Second Commission Directive of 5 February 1986 amending Commission Direc-**
**tive 85/429/EEC amending the annexes to Council Directive 70/524/EEC concerning additives**
**in feedingstuffs (OJ L** **39,14/02/86)**

Transposition

D

I

E

I

DK

I

EL

I

IRL

I

I

I

NL

I

F

I

L

I

P

I

UK

I

Comments

I Dir. 86/29 103/12/86

B

I

_\-_ measures notified; Nl* measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2 53

**25.** **86/174/EEC** **: Commission Directive of 9 April** **1986** **fixing the method of calculation for the**
**energy value of compound poultryfeed (OJ L** **130,16/05/86)**

Transposition

E

I

**DK**

**I**

**D**

**I**

EL

I

IRL

I

F

I

I

NN

L

I

NL

NN

P

I

UK

I

Comments

| Dir. 86/174 30/06/87

**B**

**I**

**26.** **87/153/EEC** **: Council Directive of 16 February 1987 fixing guidelines for the assessment of**
**additives in animal nutrition (OJ** **L** **64,** **07/03/87)**

Transposition

**DK**

**1**

**D**

**1**

F

1

EL

1

E

1

IRL

1

1

1

NL

1

L

1

P

1

UK

1

Comments

I Dir. 87/153 131/12/87

**B**

**1**

**27.** **90/167/EEC** **: Council Directive of 26 March 1990 laying down the conditions governing the**
**preparation, placing on the market and use of** **medicated** **feedingstuffs in the Community**
**(OJ** **L** **92,** **07/04/90)**

Transposition

**DK**

**I**

EL

1

E

IR

**D**

**IR**

F

1

IRL

IR

1

1

NL

IR

L

IR

P

1

UK

1

Comments

I Dir. 90/167 01/10/91

**B**

**IR**

**28.** **91/516/EEC** **: Commission Decision of 9 September 1991 establishing a list of ingredients**
**whose use is prohibited in compound feedingstuffs (OJ** **L193,17/07/91)**

**Amendments**

**Commission** **Dec.** **92/508 (OJ L** **312,** **29/10/92)**

**29.** **91/357/EEC** **: Commission Directive of** **13** **June** **1991** **laying down the categories of ingredients**
**which may be used for the purposes of labelling compound feedingstuffs for animals other**
**than pet animals (OJ L** **193,17/07/91)**

Transposition

**DK**

**I**

EL

1

E

1

F

1

**D**

**I**

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

I Dir. 91/357 22/01/92

**B**

**I**

**30.** **92/87/EEC** **: Commission Directive of 26 October 1992 establishing a** **non-exclusive** **list of the**
**main ingredients normally used and marketed for the preparation of compound feedingstuffs**
**intended for animals other** **than** **pets (OJ** **L** **319,** **04/11/92)**

Transposition

**DK**

**I**

**D**

**IR**

EL

IR

E

I

IRL

IR

F

IR

I

IR

L

IR

P

IR

UK

I

NL

I

Comments

I Dir. 92/87 01/03/93

**B**

**IR**

**31.** **93/70/EEC** **: Eleventh Commission Directive** **93/70/EEC** **of 28 July** **1993** **establishing Commu-**
**nity analysis methods for official control of feedingstuffs (OJ** **L 234,17/09/93)**

Transposition

**DK** **D** EL E F IRL I L NL P UK Comments

Dir. 93/70 30/06/94

**B**

**I**

l« measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary]

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

54 ANNEX2

**32.** **93/74/EEC** **: Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for**
**particular nutritional purposes** (OJ L 237,22/09/93)

Transposition

B DK EL IRL NL UK Comments

**Dir. 93/74** 30/06/95

**33.** **93/113/EEC** **: Council Directive of 14 December 1993 concerning the use and marketing of**
**enzymes,** **micro-organisms** **and their preparations in animal nutrition** (OJ **L 334, 31/12/93)**

Transposition

B DK EL IRL NL UK Comments

I **Dir. 93/113** 101/10/94

**11«** measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX** 2 55

2*1*1*2. Legislation on plant heafth

2.1X2.1* Pesticide residues

**1.**

**2.**

**67/427/EEC** **: Council Directive of 27 June 1967 on the use of certain preservatives for the**
**surface treatment of citrus fruit and on the control measures to be used for the qualitative**
**and quantitative analysis of preservatives in and on citrus fruit** (OJ **L148,11/07/67)**

Amendments

Accession Treaty / DK-IRL-UK

Transposition

**76/895/EEC** **: Council Directive of 23 November 1976 relating to the fixing of maximum levels**
**for pesticide residues in and on fruit and vegetables (OJ L 340, 09/12/76)**

Amendments

NL UK Comments
**IT**

DK EL IRL I

I I

**Dir. 67/427** 01/07/68

B

I

Accession Treaty / E-P
Commission Dir. 80/428 (OJ L 102.19/04/80)
Council Dir. 81/36 (OJ L 46,19/02/81)
Council Dir. 82/528 (OJ L 234, 09/08/82)

Transposition

Council Dir. 88/298 (OJ L 126, 20/05/88)
Council Dir. 89/186 (OJ L 66,10703/89)
Council Dir. 93/58 (OJ L 211, 23/08/93)

**DK**

**1**

**1**

**1**

**1**

**1**

**1**

D EL E F IRL L NL P UK

NN

Comments

**B**

**I**

**I**

**1**

**1**

**1**

**1**

Dir, 767895

Dir. 807428

Dir. 81/36

Dir. 82/528

Dir. 88/298

Dir. 89/186

Dir. 93/58

**26/11/78**

**31/03/81**

**01/01/82**

**01/07/84**

**01/01/89**

**01/08/89**

**31/12/93**

**79/700/EEC** **: Commission Directive of 24 July 1979 establishing Community methods of sam-**
**pling for the official control of pesticide residues in and on fruit and vegetables**
**(OJL 207,** 15/08/79)

Transposition

**DK**

**I**

**D**

**I**

EL

I

E

1

F

1

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

I Dir. 79/700 131/12/80

**B**

**I**

**86/362/EEC** **: Council Directive of 24 July 1986 on the fixing of maximum levels for pesticide**
**residues in and on cereals** (OJ L **221**, 07/08/86)

Amendments

Council Dir. 887298 (OJ L 126, 20/05/88)
Council Dir. 90/654 (OJ L 353, 17/12/90)
Council Dir. 93/57 (OJ L 211, 23/08/93)

Transposition

D

1

1

Nl

E

1

1

Nl

DK

I

I

Nl

EL

1

1

Nl

F

1

1

NI

IRL

1

1

NI

1

1

1

Nl

NL

1

1

Nl

P

1

1

Nl

L

1

1

Nl

UK

1

1

Nl

Comments

B

I

I

Nl

Dir. 86/362

Dir. 88/298

Dir. 90/654

Dir. 93/57

30/06/88

01/01/89

31/12/93

|s measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**56** ANNEX2

**86/363/EEC** : **Council Directive of 24 July 1986 on the fixing of maximum levels for pesticide**
**residues in and on foodstuffs of animal origin (OJ L** **221,** **07/08/86)**

Amendments

Council Dir. 93/57 (OJ L 211, 23/08/93)

Transposition

E

1

Nl

EL

1

Nl

F

1

NI

IRL

1

NI

1

1

Nl

UK

1

Nl

NL

1

Nl

DK

1

Nl

D

1

Nl

L

1

Nl

P

1

Nl

Comments

B

1

Nl

Dir. 86/363

Dir. 93/57

30/06/88

31/12/93

**90/642/EEC:** **Council Directive of 27 November 1990 on the fixing of maximum levels for**
**pesticide residues in and on certain products of plant origin, including fruit and vegetables**
**(OJL** 350,14/12/90)

Amendments

Council Dir. 93/58 (OJ L **211,** 23/08/93)

Transposition

E

Nl

Nl

F

1

NI

IRL

NI

Nl

NL

Nl

Nl

DK

Nl

Nl

D

Nl

Nl

EL

Nl

Nl

L

Nl

Nl

1

1

NI

P

1

Nl

UK

Nl

Nl

B

1

Nl

Comments

NL partial transposition

Dir. 90/642

Dir. 93/58

31/12/92

31/12/93

2 _A_ _AZ2,_ Plant protection products

**1.** **79/117/EEC** **: Council Directive of** **21** **December 1978 prohibiting the placing on the market and**
**use of plant protection products containing certain active substances (OJ L 33, 08/02/79)**

Amendments

Accession Treaty / E-P
Commission Dir. 83/131 (OJ L 91, 09/04/83)
Commission Dir. 85/298 (OJ L 154,13/06/85)
Council Dir. 86/214 (OJ L 152, 06/06/86)
Council Dir. 86/355 (OJ L 212, 02/08/86)
Council Dir. 87/181 (OJ L 71, 14/03/87)

Transposition

Commission Dir. 87/477 (OJ L 273, 26/09/87)
Council Dir. 89/365 (OJ L 159, 10/06/89)
Commission Dir. 90/335 (OJ L 162, 28/06/90)
Council Dir. 90/533 (OJ L 296, 27/10/90)
Commission Dir. 91/188 (OJ L 92, 13/04/91)

IRL

1

1

1

NN

1

1

1

1

1

1

1

NL

1

1

1

NN

1

NN

1

1

1

1

1

UK

1

1

1

NN

1

1

1

1

1

1

1

Comments

   

DK

I

I

I

NN

1

NN

NN

NN

NN

NN

1

D

1

1

NN

NN

1

1

1

1

1

1

1

EL

1

1

NN

1

1

1

NN

1

1

1

1

E F

1

1

I

NN

1

NN

1

NN

1

1

1

1

1

1

NN

NN

NN

1

NN

NN

1

1

Nl

L

1

1

1

NN

1

1

1

1

1

1

1

P

1

1

1

NN

1

1

1

1

1

1

1

B

I

I

NN

NN

I

I

I

I

I

I

I

Dir. 79/117

Dir. 83/131

Dir. 85/298

Dir. 86/214

Dir. 86/355

Dir. 87/181

Dir. 87/477

Dir. 89/365

Dir. 90/335

Dir. 90/533

Dir. 91/188

31/12/80

01/10/84

01/01/86

01/07/87

01/06/89

01/01/88

31/12/89

01/01/91

31/12/90

31/03/92

**2.** **91/414/EEC** **: Council Directive of 15 July 1991 concerning the placing of plant protection**
**products on the market** (OJ **L** 230,19/08/91)

Amendments

Commission Dir. 93/71 (OJ L221, 31/08/93)

l= measures notified; Nl= measures not incorporated; P= derogation; IR= infringement proceedings underway; NN=no measures necessary j

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

ANNEX2 57

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

Dir. 91/414

Dir. 93/71

26/07/93

03/08/94

2,1,1.2.3, Harmful organisms

**1.** **77/93/EEC** **: Council Directive of 21 December 1976 on protective measures against the intro-**
**duction into the Member States of harmful organisms of plants or plant products**
**(OJ L 26, 31/01/77)**

Amendments

Accession Treaty / E-P
Council Dir. 80/392 (OJ L 100.17/04/80)
Council Dir. 85/173 (OJ L 65, 06/03/85)
Council Dir. 85/574 (OJ L 372, 31/12/85)
Council Dir. 86/651 (OJ L 382, 31/12/86)
Council Dir. 87/298 (OJ L 151, 11/06/87)
Commission Dir. 89/83 (OJ L 32, 03/02/89)
Council Dir. 89/359 (OJ L 153, 06/06/89)

Transposition

Council Dir. 89/439 (OJ L 212, 22/07/89)
Council Dir. 90/168 (OJ L 92, 07/04/90)
Council Dir. 91/683 (OJ L 376, 31/12/91)
Council Dir. 92/98 (OJ L 352, 02/12/92)
Commission Dir. 92/103 (OJ L363, 11/12/92)
Commission Dir. 93/17 (OJ L 106, 30/04/93)
Commission Dir. 93/50 (OJ L 205,17/08/93)
Commission Dir. 93/51 (OJ L205, 17/08/93)

DK

1

1

NN

NN

1

1

1

1

1

1

1

1

1

1

1

1

IR

D

1

1

NN

1

1

1

1

NN

NN

1

1

IR

IR

IR

IR

IR

IR

E

1

1

1

NN

1

1

1

NN

NN

1
T "

1

1

1

IR

1

Nl

EL

1

1

1

1

1

1

NN

NN

1

1

IR

IR

IR

IR

IR

IR

F

1

1

1

NN

1

1
f

1

1

1

1

IR

1

1

IR

IR

IR

L

1

1

NN

NN

1

1

1

NN

NN

1

1

1

1

1

IR

IR

IR

1

1

1

1

1

1

1

1

NN

NN

1

1

1

1

1

IR

IR

IR

NL

1

1

NN

NN

1

1

1

NN

NN

1

1

1

1

1

1

IR

IR

P

1

1

1

1

1

1

1

1

1

1

1

IR

IR

IR

IR

IR

IR

UK

1

1

NN

NN

1

1

1

NN

NN

1

1

1

1

1

IR

1

IR

Comments

B

I

I

1

1

1

1

1

NN

NN

1

1

IR

IR

IR

IR

IR

IR

IRL

1

1

1

1

1

1

1

1

NN

1

1

1

1

1

IR

1

Dir. 77/93

Dir. 80/392

Dir. 81/7

Dir. 85/173

Dir. 85/574

Dir. 86/651

Dir. 87/298

Dir. 89/83

Dir. 89/359

Dir. 89/439

Dir. 90/168

Dir. 91/683

Dir. 92/98

Dir. 92/103

Dir. 93/17

Dir. 93/50

Dir. 93/51

24/12/78

01/05/80

01/01/81

01/01/87

01/03/87

 
 

01/01/90

01/01/91

01/06/93

26/05/93

01/06/93

61/06/93

01/06/93

01/06/93

_2A A_ .2.4, Plant diseases

**1.** **69/464/EEC** : Council Directive of 8 December 1969 on control of Potato Wart Disease

(OJL 323, 24/12/69)

Amendments

Accession Treaty / DK-IRL-UK

Transposition

DK

I

D

I

EL

I

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

Dir. 69/464 09/12/71

B

I

l= measures notified; Nl [s] measures not incorporated^ D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**58** **ANNEX2**

**2.** **69/465/EEC : Council Directive of 8 December** **1969** **on control of Potato Cyst Eelworm**

**(OJL** 323, 24/12/69)

Amendments

Accession Treaty / DK-IRL-UK

Transposition

**Dir. 69/465** 09/12/71

B DK EL IRL NL UK Comments

**69/466/EEC** **: Council Directive of 8 December 1969 on control of San José Scale**

**(OJL** 323, 24/12/69)

Amendments

Accession Treaty / DK-IRL-UK

Transposition

**Dir.** 69/466 09/12/71

B DK NL UK Comments

**74/467/EEC** **: Council Directive of 9 December 1974 on control of carnation leaf-rollers**
**(OJL** 352, 28/12/74)

Transposition

EL

**I**

IRL **I** NL

**I**

UK Comments

**I** **Dir.** **74/467** 111/12/75

B DK

**Nl**

**80/665/EEC : Council Directive of 24 June** **1980** **on the control of potato ring rot**

**(OJL** 180,14/07/80)

Amendments

Council Dir. 93/85 (OJ L 259, 18/10/93)

Transposition

IRL

1

1

D

1

Nl

EL

1

Nl

E

1

Nl

F

1

NI

1

1

NI

NL

1

NI

P

1

Nl

L

1

Nl

UK

1

NI

Comments

B

**I**

**Nl**

DK

**1**

**Nl**

Dir. 80/665

Dir. 93/85

**01/03/81**

**15/11/93**

2.11.2.5. Plant-health checks

**1.** **92/70/EEC** **:** Commission **Directive of 30 July 1992 laying down detailed rules for surveys to**
**be carried out** for **purposes of the recognition of protected zones in the Community**
**(OJL** 250, 29/08/92)

Transposition

DK

I

D

**IR**

EL

IR

E

IR

F

IR

IRL

IR

I

I

L

IR

NL

I

P

IR

UK

1

Comments

| Dir. 92/70

B

I

**2.** **92/76/EEC** : Commission **Directive of 6 October** **1992** **recognizing protected zones exposed to**
particular plant health risks in **the Community** (OJ L 305, 21/10/92)

Transposition

DK

1

D

**IR**

E

1

IRL

1

1

1

EL

IR

F

1

NL

1

P

IR

UK

1

L

1

Comments

| Dir. 92/76

B

I

N measures notified; Nl= measures **not** **incorporated;** **D=** **derogation;** **IR= infringement proceedings** **underway,** **NN= no measures necessary**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

ANNEX2 59

**3.** **92/90/EEC** **: Commission Directive of 3 November 1992 establishing obligations to which**
**producers and importers of plants, plant products or other objects are subject and establish-**
**ing details for their registration (OJ** **L** **344,** **26/11/92)**

TransDosition

DK

I

D

IR

EL

IR

E

1

F

IR

IRL

1

1

1

NL

1

P

1

L

1

UK

1

Comments

| Dir. 92/90 |

B

IR

**4.** **92/105/EEC** **: Commission Directive of** **3** **December 1992 establishing a degree of standardiza-**
**tion for plant passports to be used for the movement of certain plants, plant products or**
**other objects within the Community, and establishing the detailed procedures related to the**
**issuing of such plant passports and the conditions and detailed procedures for their**
**replacement (OJ** **L** **4, 08/01/93)**

Transposition

DK

I

E

I

D

IR

EL

IR

F

IR

IRL

I

I

I

NL

I

P

IR

L

I

UK

I

;

Comments

I Dir. 92/105 |

B

IR

_**Derogations**_ _**and**_ _**transitional measures**_

**1.** **80/862/EEC** **: Commission Decision of** **21** **August 1980 authorizing the Member States to pro-**
**vide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of**
**potato breeding material (OJ** **L 248,19/09/80)**

**Amendments**

**Commission** **Dec.** **91/22 (OJ L 13,18/01/91)**

**2.** **85/634/EEC** **: Commission Decision of 19 December 1985 authorizing certain Member States**
**to provide for derogations from certain provisions of Council Directive 77/93/EEC in** **respect**
**of oak wood originating in Canada or** **the** **United States of America (OJ L** **379,19/09/80)**

Amendments

Commission Dec. 91/21 (OJ L 13, 18/01/91)
Commission Dec. 92/437 (OJ L 239, 22/08/92)

**86/250/EEC** **: Commission Decision of** **5** **May** **1986** **establishing the amendments to be made in**
**respect of potatoes for consumption to the measures taken by Denmark to protect itself**
**against the introduction of Corynebacterium sepedonicum (OJ L** **165,21/06/86)**

**88/324/EEC** **: Commission Decision of 17 May 1988 establishing the amendments to be made**
**in respect of potatoes, to the measures taken by Denmark to protect itself against the intro-**
**duction of Corynebacterium sepedonicum (OJ L** **147,14/06/88)**

Amendments

Commission Dec. 91/488 (OJ L261, 18/09/91)

**88/429/EEC : Commission Decision of** **1** **July 1988 authorizing the Member States to provide**
**for derogations from certain provisions of Council Directive 77/93/EEC, in respect of growing**
**medium originating in third countries (OJ** **L** **208,** **02/08/88)**

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary )

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**60** ANNEX 2

**90/52/EEC** **: Commission Decision of 17 January 1990 authorizing Member States temporarily**
**to take additional measures as regards Denmark against the dissemination of Corynebacte-**
**rium sepedonicum and repealing Decision 88/36/EEC (OJ L 36, 08/02/90)**

**Amendments**

**Commission Dec.** **92/120** **(OJ** **L** **44,** **20/02/90)**

**90/505/EEC : Commission Decision of 21 September 1990 authorizing certain Member States**
**to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect**
**of swan wood of conifers originating in Canada (OJ L** **282,13/10/90)**

**Amendments**

**Commission Dec.** **92/13** **(OJ L** **264,11/01/92)**

**90/613/EEC** **: Commission Decision of 9 November 1990 approving derogations provided for**
**by Italy from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes**
**originating in Poland (OJ L** **328,28/11/90)**

**Amendments**

**Commission Dec.** **92/467** **(OJ** **L 264,10/09/92)**

**9.** **91/261/EEC : Commission Decision of 2 May 1991 recognizing Australia as being free from**
**Erwinia** **amylovora** **(Burr.)** **Winsl.** **et** **al.** **(OJ** **L126,22/05/91)**

2,1.1.2,6. Forest reproductive materia!

**1.**

**2.**

**71/161/EEC** : **Council Directive of 30 March 1971 on external quality standards for forest**
**reproductive material marketed within the Community (OJ L** **87,** 17/04/71)

Amendments

**66/404/EEC** **: Council Directive of 14 June 1966 on the marketing of forest reproductive mate-**
**rial** (OJ **L** 125,11/07/66)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / E-P
Council Dir. 69/64 (OJ L 2, 01/01/69)

Transposition

Council Dir. 75/445 (OJ L 196, 26/07/75)
Council Reg. 85/3768 (OJ L 362, 31/12/85)
Council Dir. 90/654 (OJ L 23, 29/01/91)

DK

**1**

**1**

**1**

**Nl**

D

1

1

1

Nl

F

1

1

1

NI

EL

1

1

1

Nl

E

1

1

1

Nl

IRL

1

1

1

NI

1

1

1

1

Nl

NL

1

1

1

Nl

L

1

1

1

Nl

P

1

1

1

Nl

UK

1

1

1

Nl

Comments

B

**I**

**I**

**I**

Nl

Dir. 66/404

Dir. 69/64

Dir. 75/445

Dir. 90/654

01/07/69

01/07/77

Accession Treaty / DK-IRL-UK
Accession Treaty / E-P
Council Dir. 74/13 ( OJ L 15, 18/01/74)

Transposition

Council Reg. 85/3768 (OJ L 362, 31/12/85)
Council Dir. 90/654 (OJ L 23, 29/01/91)

F

I

I

Nl

DK

I

I

Nl

D

I

I

Nl

E

I

I

Nl

IRL

I

I

Nl

EL

I

I

Nl

I

I

I

Nl

L

I

I

Nl

NL

I

I

Nl

P

1

1

Nl

UK

1

1

Nl

Comments

B

I

I

Nl

Dir. 71/161

Dir. 74/13

Dir. 90/654

01/07/73

01/07/74

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX 2 61

_Derogations_ _and_ _transitional measures_

**1.** **78/262/EEC** **: Council Decision of 6 March 1978 on the equivalence of forest reproductive**
**material produced in Austria (OJ L** **72,14/03/78)**

**2.** **78/415/EEC : Commission Decision of 14 April 1978 authorizing the Member States to restrict**
**the marketing of forest reproductive material produced in Austria (OJ L 120,** **04/05/78** **)**

**3.** **90/525/EEC : Commission Decision of 11 October 1990 authorizing Member States to permit**
**temporarily the marketing of forest reproductive material not satisfying the requirements of**
**Council Directive 66/404/EEC (OJ L 292,** **24/10/90** )

Amendments

Commission Dec. 91/457 (OJ L243, 31/08/91)

**4.** **90/526/EEC : Commission Decision of 11 October 1990 authorizing the Federal Republic of**
**Germany to permit temporarily the marketing of forestry seed not satisfying the requirements**
**of Council Directive** **71/161/EEC** **(OJ L 292, 24/10/90 )**

**5.** **91/409/EEC** **: Commission Decision of 12** **July 1991** **authorizing Member States to permit** **tem-**
**porarily the marketing of forest reproductive material not satisfying the requirements of**
**Council Directive 66/404/EEC (OJ L** 228,17/08/91)

Amendments

Commission Dec 91/621 (OJ L 335, 06/12/91)
Commission Dec. 92/199 (OJ L 88, 03/04/92)

**6.**

**7.**

**91/458/EEC** **: Commission Decision of 6 August 1991** **authorizing** **the Federal Republic of**
**Germany and the United Kingdom to permit temporarily the marketing of forestry seed not**
**satisfying the requirements of Council Directive 71/161/EEC (OJ L 243, 31/08/91)**

**92/566/EEC** **: Commission Decision of 30 November 1992 authorizing Member States to permit**
**temporarily the marketing of forest reproductive material not satisfying the requirements of**
**Council Directives 66/404/EEC and** **71/161/EEC** **(OJ L 292,** 24/10/90 )

Amendments

Commission Dec. 91/457 (OJ L 243, 31/08/91)

2.1,12.7* Seeds and plant propagating material

**1.** **66/400/EEC : Council Directive of 14 June** **1966** **on the marketing of beet seed**
**(OJL** **125,** 11/07/66)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / E-P
Council Dir. 69/61 (OJ L 48, 26/02/69)
Council Dir. 71/162 (OJ L 87, 17/04/71)
Council Dir. 72/274 (OJ L 171, 29/07/72)
Council Dir. 72/418 (OJ L 287, 26/12/72)
Council Dir. 73/438 (OJ L 356, 27/12/73)
Council Dir. 75/444 (OJ L 196, 26/07/75)

Commission Dir. 76/331 (OJ L 83, 30/03/76)
Council Dir. 78/55 (OJ L 16, 20/01/78)
Council Dir. 78/692 (OJ L 236, 26/08/78)
Commission Dir. 87/120 (OJ L 49, 18/02/87)
Commission Dir. 88/95 (OJ L 56, 02/03/88)
Council Dir. 88/332 (OJ L 151, 17/06/88)
Council Dir. 88/380(OJ L 187, 16/07/88)
Council Dir. 90/654 (OJ L 353, 17/12/90)

l« measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary]

THE COMMUNITY INTERNAL MARKET -1993 REPORT

62 ANNEX 2

Implementing measures

Commission Dec. 81/675 (OJ L 246, 29/08/81)
Commission Dec. 89/540 (OJ L 286, 04/10/89)

Transposition

EL

Nl

DK

NN

1

Nl

D

NN

1

Nl

E

NN

1

Nl

IRL

NN

1

Nl

F

NN

IR

Nl

NN

1

Nl

NL

NN

1

Nl

P

1

1

1

1

1

1

1

1

1

1

Nl

1

1

1

Nl

UK

NN

1

Nl

Comments

B

NN

I

Nl

Dir. 66/400

Dir. 69/61

Dir. 71/162

Dir. 72/274

Dir. 72/418

Dir. 73/438

Dir. 75/444

Dir. 76/331

Dir. 78/55

Dir. 78/692

Dir. 87/120

Dir. 88/95

Dir. 88/332

Dir. 88/380

Dir. 90/654

01/07/68

01/07/69

01/07/72

01/07/72

01/07/72

01/07/73

01/07/77

01/07/77

01/07/77

01/07/77

01/06/88

01/07/88

01/07/92

L

Nl

**66/401/EEC** **: Council Directive of 14 June 1966 on the marketing of fodder plant seed**
**(OJL 125,11/07/66)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / E-P
Council Dir. 78/55 (OJ L 16, 20/01/78)
Commission Dir. 78/386 (OJ L 113, 25/04/78)
Council Dir. 78/ 692 (OJ L 236, 26/08/78)
Council Dir. 78/1020 (OJ L 350, 14/12/78)
Commission Dir. 79/641 (L 183, 19/07/79)
Council Dir. 79/692 (OJ L 205, 13/08/79)
Commission Dir. 80/754 (OJ L 207, 09/08/80)
Commission Dir. 81/126 (OJ L67, 12/03/81)
Commission Dir. 82/287 (OJ L 131,13/05/82)

Implementing measures

Commission Dir. 74/268 (OJ L 141, 24/05/74)
Commission Dec. 74/269 (OJ L 141, 24/05/74)
Commission Dir. 75/502 (OJ L 282, 29/08/75)
Commission Dec. 78/512 (OJ L 157, 15/06/78)
Commission Dec. 80/512 (OJ L 126, 21/05/80)
Commission Dec. 81/675 (OJ L 246, 29/08/81)
Commission Dec. 85/370 (OJ L 209, 06/08/85)
Commission Dir. 86/109 (OJ L 93, 08/04/86)

Transposition

Commission Dir. 85/38 (OJ L 16,19/05/85)
Commission Dec. 85/370 (OJ L 209, 06/06785)
Commission Dec. 86/153 (OJ L 115, 03/ 05/86)
Council Dir. 86/155 (OJ L 118, 07/05/86)
Commission Dir. 87/120 (OJ L 49,18/02/87)
Commission Dir. 87/480 (OJ L 273, 26/09/87)
Council Dir. 88/332 (OJ L 151, 17/06/88)
Commission Dir. 89/100 (OJ L 38, 10/02/89)
Council Dir. 90/654 (OJ L 353, 17/12/90)
Council Dir. 92/19 (OJ L 104, 22/04/92)

Commission Dec. 86/563 (OJ L 327, 21/11/86)
Commission Dec. 87/309 (OJ L 155, 16/06/87)
Commission Dec. 88/493 (OJ L 261, 21/09/88)
Commission Dir. 89/424 (OJ L 196, 12/07/89)
Commission Dec. 89/540 (OJ L 286, 04/10/89)
Commission Dir. 91/376 (OJ L 203, 26/07/91)
Commission Dec. 92/195 (OJ L 88, 03/04/92)

DK D

NN

NN

NN

I

EL

_ ^

E

1

1

1

1

1

1

NN

1

1

1

F

1

1

1

1

1

1

NN

1

1

NN

IRL

1

1

1

1

1

1

NN

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

L

1

1

1

1

1

1

NN

1

1

1

NL

1

1

1

1

1

1

NN

1

1

1

P UK

1

1

1

1

1

1

NN

1

1

1

Comments

B

I

I

I

I

I

I

NN

I

I

I

Dir. 66/401

_Dir. 74/268_

_Dir. 75/502_

Dir. 78/55

Dir. 78/386

Dir. 78/692

Dir. 78/1020

Dir. 79/641

Dir. 79/692

Dir. 80/754

01/07/68

01/07/74

01/07/76

01/07/77

01/07/80

01/07/77

31/12/78

01/07/80

01/07/77

01/07/80

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2 **63**

1

1

1

1

1

1

NN

1

1

1

Nl

1

1

NN

1

1

1

1

1

NN

IR

1

1

Nl

1

1

1

1

1

1

1

1

NN

1

1

1

Nl

1

1

NN

1

1

1

1

Nl

NN

1

1

1

Nl

1

1

NN

1

1

NN

1

1

NN

1

1

1

Nl

1

1

Dir. 81/126

Dir. 82/287

Dir. 85/38

_Dir._ _86/109_

Dir. 86/155

Dir. 87/120

Dir. 87/480

Dir. 88/332

Dir. 88/380

_Dir._ _89/424_

Dir. 89/100

Dir. 90/654

_Dir. 91/376_

Dir. 92/19

1

1

1

1

1

1

1

1

1

1

Nl

1

1

1

1

1

1

1

1

NN

1

1

1

Nl

1

1

1

1

1

1

1

1

NN

1

1

NN

Nl

1

1

1

1

1

1

1

1

NN

1

1

1

Nl

1

1

1

1

1

1

1

1

1

1

1

1

Nl

1

1

NN

1

1

1

1

1

NN

1

1

1

Nl

1

1

01/01/81

01/01/82

01/01/86

01/07/91

01/03/86

01/06/88

01/07/90

01/07/92

01/01/90

30/06/92

NN

I

I

I

I

I

NN

1

1

1

Nl

1

1

**3.** **66/402/EEC** **: Council Directive of 14 June 1966 on the marketing of cereal seed**
**(OJL 125,** 11/07/66)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / E-P
Council Dir. 69/60 (OJ L 48, 26/02/69)
Council Dir. 71/162 (OJ L 87, 29/07/72)
Council Dir. 72/274 (OJ L 171, 29/07/92)
Council Dir. 72/418 (OJ L 287, 26/12/72)
Council Dir. 73/438 (OJ L 356, 27/12/73)
Council Dir. 75/444 (OJ L 196, 26/07/75)
Council Dir. 78/55 (OJ L 16, 20/01/78)
Commission Dir. 78/387 (OJ L 113, 25/04/78)
Council Dir. 78/692 (OJ L 236, 26/08/78)
Council Dir. 78/1020 (OJ L 350,14/12/78)
Commission Dir. 79/641 (OJ L 183,19/07/79)
Council Dir. 79/692 (OJ L 205,13/08/79)

Implementing measures

Commission Dir. 74/268 (OJ L 141, 24/05774)
Commission Dec. 74/269 (OJ L 141, 24/05/74)
Commission Dec. 74/531 (OJ L 299, 07/11/74)
Commission Dec. 78/512 (OJ L 157,15/06/78)
Commission Dec. 80/755 (OJ L 207, 09/08/80)

Transposition

Commission Dir. 81/126 (OJ L 67.12/03/81)
Council Reg. 85/378 (OJ L 362, 31/12/85)
Commission Dec. 867153 (OJ L 115, 03/05/86)
Commission Dir. 867320 (OJ L 200, 23/07/86)
Commission Dir. 87/120 (OJ L 49, 18/02/87)
Council Dir. 88/332 (OJ L 151,17/06/88)
Council Dir. 88/380 (OJ L 187,16/07/88)
Commission Dir. 867506 (OJ L 274, 06710/88)
Commission Dec. 89/101 (OJ L 38,10/02/89)
Commission Dir. 89/2 (OJ L 5, 07/01/89)
Commission Dir. 90/623 (OJ L 333, 30/11/90)
Council Dir. 90/654 (OJ L 353, 17/12/90)
Commission Dtr. 93/2 (OJ L 54, 05/03/93)

Commission Dec. 81/109 (OJ L 64,11/03/81)
Commission Dec. 81/675 (OJ L 246, 29/08/81)
Commission Dec. 89/374 (OJ L 166, 16/06/89)
Commission Dec. 89/540 (OJ L 286, 04/10/89)

DK

I

1

1

1

1

1

1

1

1

1

1

1

NN

1

NN

1

NN

1

NN

D

NN

NN

NN

1

NN

1

NN

1

NN

EL

NN

1

NN

E

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

NN

1

NN

F

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

NN

IR

NN

1

NN

IRL

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

NN

1

NN

1

NN

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

NN

1

NN

NL

1

1

1

1

1

1

1

1

1

1

1

NN

NN

1

NN

1

NN

1

NN

P

1

1

1

1

1

1

1

1

1

Nl

1

1

1

Nl

1

1

1

1

NN

UK

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

NN

1

NN

1

NN

L

1

1

1

1

1

1

1

1

1

1

1

NN

NN

1

1

1

NN

1

NN

Comments

B

I

I

I

I

I

I

I

I

I

I

I

NN

NN

I

NN

I

NN

I

NN

Dir. 66/402

_Dir._ _74/268_

Dir. 69/60

Dir. 71/162

Dir. 72/274

Dir. 72/418

Dir.73/438

Dir. 75/444

Dir. 78/55

Dir. 78/387

Dir. 79/692

Dir. 81/126

Dir. 86/320

Dir. 87/120

Dir. 88/332

Dir. 88/380

Dir. 88/506

Dir. 89/2

Dir. 90/623

01/07/68

01/07/74

01/07/69

01/07/71

01/07/72

01/07/72

01/07/73

01/07/75

01/07/77

01/07/80

01/07/77

01/01/81

31/12/88

01/06/88

01/07/92

01/07/90

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**64** ANNEX2

Dir. 90/654

Dir. 93/2 31/05/93

Nl Nl Nl

4.

**66/403/EEC : Council Directive of 14 June** **1966** **on the** marketing **of** seed **potatoes**
(OJL 125,11/07/66)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / E-P
Council Dir. 69/62 (OJ L48, 26/02/69)
Council Dir. 71/162 (OJ L 87, 17/04/71)
Council Dir. 72/274 (OJ L 171, 29/07/72)
Council Dir. 72/418 (OJ L 287, 26712/72)
Council Dir. 73/438 (OJ L 356, 27/12/73)
Council Dir. 75/444 (OJ L 196, 26/07/75)
Council Dir. 76/307 (OJ L 72, 18/03/76)
Council Dir. 78/692 (OJ L 236. 26/08/78)
Council Dir. 79/967 (OJ L 293, 20/11/79)
Council Dir. 80/52 (OJ L 18, 24/01/81)

Transposition

Commission Reg. 85/378 (OJ L 67, 12/03/81)
Council Dir. 86/215 (OJ L 152. 06/06786)
Council Dir. 87/374 (OJ L 197, 18/07/87)
Council Dir. 88/332 (OJ L 151. 17/06/88)
Council Dir. 88/359 (OJ L 174, 06/07/88)
Council Dir. 88/380 (OJ L 187, 16/07/88)
Council Dir. 89/366 (OJ L 159. 10/06789)
Council Dir. 90/404 (OJ L 208. 07/08/90)
Council Dir. 90/654 (OJ L 353, 17/12/90)
Commission Dir. 91/127 (OJ L 60. 07/03/91)
Commission Dir. 92/17 (OJ L 82. 27/03/92)
Commission Dir. 93/3 (OJ L 54, 05/03/93)

DK

I

I

I

I

I

I

I

NN

I

I

NN

NN

NN

NN

NN

I

NN

NN

Nl

I

NN

NN

D

I

I

I

I

I

I

1

NN

1

1

NN

NN

NN

NN

NN

1

NN

NN

Nl

NN

NN

NN

EL

1

1

1

1

1

1

1

1

1

1

1

NN

NN

1

NN

T

i

NN

Nl

NN

NN

NN

E

1

1

1

1

1

1

1

NN

1

y
NN

NN

NN

NN

NN

1

NN

NN

Nl

NN

NN

NN

F

1

1

1

1

1

1

1

NN

1

1.

NN

NN

NN

NN

NN

1

NN

NN

Nl

NN

NN

NN

IRL

1

1

1

1

1

1

1

NN

1

1

NN

NN

NN

NN

NN

1

NN

NN

Nl

NN

NN

NN

1

1

1

1

1

1

1

1

NN

1

1

NN

NN

NN

NN

NN

1

NN

1

Nl

NN

NN

NN

L

1

1

1

1

1

1

1

NN

1

1

NN

NN

NN

NN

NN

1

NN

NN

Nl

NN

NN

NN

P

NN

Nl

NN

NN

NN

NL

1

1

1

1

1

1

1

NN

1

1

NN

NN

NN

NN

NN

1

NN

NN

Nl

NN

NN

NN

UK

1

1

1

1

1

1

1

NN

1

1

NN

NN

NN

NN

NN

1

NN

NN

Nl

NN

NN

NN

Comments

Directive optional
Directive optional

B

NN

NN

NN

NN

NN

I

NN

NN

Nl

NN

I

NN

Dir. 66/403

Dir. 69/62

Dir. 71/162

Dir. 72/274

Dir. 72/418

Dir. 73/438

Dir. 75/444

Dir. 76/307

Dir. 78/692

Dir. 79/967

Dir. 80/52

Dir. 86/215

Dir. 87/374

Dir. 88/332

Dir. 88/359

Dir. 88/380

Dir. 89/366

Dir. 90/404

Dir. 90/654

Dir. 91/127

Dir. 92/17

Dir. 93/3

01/07/68

01/07/69

01/07/72

01/07/72

01/07/72

01/07/73

01/07/75

**-**

01/07/77

01/01/80

01/07/79

**-**

**-**

**-**

**-**

01/07/92

**-**

**-**

**-**

**-**

**-**

28/02/93

**68/193/EEC** : Council Directive **of 9 April 1968 on** the marketing of material **for the vegetative**
propagation of the vine (OJ L 93,18/04/68)

Amendments

Accession Treaty DK-IRL-UK
Accession Treaty E-P
Council Dir. 71/140 (OJ L 71. 25/03/71)
Council Dir. 74/648 (OJ L 352, 28/12/74)
Commission Dir. 77/629 (OJ L 257. 08/10/77)
Council Dir. 78/55 (OJ L 16. 20/01/78)

Transposition

Council Dir. 78/692 (OJ L 236. 26/08/78)
Commission Dir. 82/331 (OJ L 148. 27/05/82)
Council Reg. 85/3768 (OJ L 362. 31/12/85)
Council Dir. 88/332 (OJ L 151. 17/06/88)
Council Dir. 90/654 (OJ L 353. 17/12/90)

D

I

I

1

EL

1

1

1

E

1

1

1

IRL

NN

NN

NN

DK

NN

NN

NN

F

1

1

1

NL

NN

NN

NN

1

1

1

1

P,

1

1

1

UK

NN

NN

NN

L

1

1

NN

Comments

B

I

I

Nl

Dir. 68/193

Dir. 71/140

Dir. 74/648

01/07/69

01/07/72

01/07/76

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**(13**

ANNEX2 **65**

Dir. 77/629

Dir. 78/55

Dir. 78/692

Dir. 82/331

Dir. 88/332

Dir. 90/654

1

1

1

1

NN

Nl Nl

NN

1

1

NN

NN

Nl

1

1

1

1

NN

Nl

NN

1

1

NN

NN

Nl

1

1

1

1

NN

Nl

1

1

1

1

NN

Nl

— j —

Nl

30/06/77

01/07/77

01/07/77

01/07/82

1

1

1

1

NN

Nl

1

1

1

1

NN

Nl

NN

1

1

NN

NN

Nl

NN

1

1

NN

NN

Nl

**69/208/EEC** **: Council Directive of 30 June 1969 on the marketing of seed of oil and fibre**
**plants** (OJ L 169.10/07/69)

Amendments

Council Dir. 71/162 (OJ L 87. 17/04/71)
Council Dir. 72/274 (OJ L 171. 29/07/72)
Council Dir. 72/418 (OJ L 287, 26/12/72)
Council Dir. 73/438 (OJ L 356. 27/12/73)
Council Dir. 75/444 (OJ L 196. 26/07/75)
Council Dir. 78/55 (OJ L 16. 20/01/78)
Commission Dir. 78/388 (OJ L 113. 25/04/78)
Council Dir. 78/692 (OJ L 236. 26/08/78)
Council Dir. 78/1020 (OJ L 350,14/12/78)
Commission Dir. 79/641 (OJ L 183.19/07/79)
Commission Dir. 80/304 (OJ L 68. 14/03/80)
Commission Dir. 81/126 (OJ L 67, 12/03/81)

Implementing measures

Commission Dec. 81/675 (OJ L 246, 29/08/81 )
Commission Dir. 86/109 (OJ L 93. 08/04/86)
Commission Dec. 86/563 (OJ L 327, 21/11/86)

Transposition

Commission Dir. 82/287 (OJ L 131. 13/05/82)
Council Dir. 82/727 (OJ L 310, 06/11/82)
Commission Dir. 82/859 (OJ L 357, 18/12/82)
Council Reg. 8573768 (OJ L 362. 31/12/85)
Council Dir. 867155 (OJ L 118. 07/05/86)
Commission Dir. 87/120 (OJ L 49, 18/02/87)
Commission Dir. 87/480 (OJ L 273, 26/09/87)
Council Dir. 867332 (OJ L 151, 17/06/88)
Council Dir. 88/380 (OJ L 187. 16/97/88)
Council Dir. 90/654 (OJ L 353, 17/12/90)
Council Dir. 92/9 (OJ L 70, 17/03/92)
Commission Dir. 92/107 (OJ L 16, 25/01/93)

Commission Dir, 89/424 (OJ L 196. 12/07/89)
Commission Dec. 89/540 (OJ L 286. 04/10/89)
Commission Dir. 91/376 (OJ L 203, 26/07/91)

DK

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

1

NN

1

1

Nl

1

1

IR

D

1

1

1

1

1

1

1

1

1

NN

NN

1

NN

1

NN

1

1

1

1

NN

1

1

Nl

1

1

IR

EL

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

1

1

1

1

Nl

1

1

IR

F

1

1

1

1

1

1

1

1

1

NN

1

1

NN

1

NN

1

1

1

1

NN

IR

1

Nl

1

1

1

E

1

1

1

1

1

1

1

1

1

NN

1

1 •

1

1

NN

1

1

1

1

NN

1

1

Nl

1

1

1

L

1

1

1

1

1

1

1

1

1

NN

1

1

NN

1

NN

1

1

1

Nl

NN

1

1

Nl

1

1

1

IRL

1

1

1

1

1

1

1

1

1

NN

1

1

1

1

NN

1

1

1

1

NN

1

1

Nl

1

1

IR

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

1

NN

1

1

1

1

NN

1

1

Nl

1

1

IR

NL

1

1

1

1

1

1

1

1

1

NN

1

NN

1

1

NN

1

1

Nl

1

1

1

P

B

1

1

1

1

1

1

1

1

1

NN

1

1

NN

1

NN

1

1

1

1

NN

1

1

Nl

1

1

1

Dir. 69/208

Dir. 71/162

Dir. 72/274

Dir. 72/418

Dir. 73/438

Dir. 75/444

Dir. 78/75

Dir. 767388

Dir. 78/692

Dir. 78/1020

Dir. 79/641

Dir. 80/304

Dir. 81/126

Dir. 82/287

Dir. 82/727

Dir. 82/859

_Dir._ _86/109_

Dir. 86/155

Dir. 87/120

Dir. 87/480

Dir. 88/332

Dir. 88/380

_Dir. 89/424_

Dir. 90/654

_Dir. 91/376_

Dir. 92/9

Dir. 92/107

01/07/73

01/07/71

01/07/72

01/07/72

01/07/73

01/07/75

01/07/77

01/07/80

01/07/77

31/12/78

01/07/80

01/07/80

01/01/81

01/01/82

01/07/83

01/07/91

01/03/86

01/06/88

01/07/90

01/07/90

30/06/92

01/07/94

1

1
NNT — r —

1

NN

UK

1

1

1

1

1

1

1

1

I

NN

1

1

1

1

NN

1

F

1

1

NN

1

1

Nl

1

1

IR

Comments

_____ _ _ —

Nl

Nl

Nl

1

1

1

Nl

1

1

IR

l« measures notified; Nl= measures not incorporated; D= derogation; IR* infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX2**

**7.** **70/457/EEC** **: Council Directive of 29 September** **1970** **on the common catalogue of varieties of**
**agricultural plant species (OJ L** **225,12/10/70)**

Amendments

Council Dir. 72/418 (OJ L 287, 26/12/72)
Council Dir. 73/438 (OJ L 356, 27/12/73)
Commission Dec. 76/687 (OJ L 235, 26708/76)
Commission Dec. 78/122 (OJ L41,11/02/78)
Commission Dec. 79/95 (OJ L 22, 31/01/79)
Council Dir. 78/55 (OJ L 16, 20/01/78)
Commission Dec. 79/95 (OJ L 22, 31/01/79)
Council Dir. 79/692 (OJ L 205, 13/06779)
Council Dir. 79/967 (OJ L 293, 20/11/79)

Implementing measures

Council Dec. 92/420 (OJ L 231, 13/08/92)

Transposition

Commission Dec. 81/436 (OJ L 167, 24/06781)
Commission Dec. 81/888 (OJ L 324,12/11/81)
Commission Dec. 82/41 (OJ L 16. 22/01/82)
Commission Dec. 83/297 (OJ L 157,15/06/83)
Council Reg. 85/3768 (OJ L 362, 31/12/85)
Council Dir. 867155 (OJ L 118, 07/05/86)
Council Dir. 88/380 (OJ L 187.16707/88)
Council Dir. 90/654 (OJ L 353,17/12/90)

DK

I

Nl

D

I

1

1

1

NN

1

1

Nl

EL

1

Nl

IRL

1

Nl

1

Nl

P

1

Nl

E

1

Nl

F

IR

Nl

UK

1

1

1

1

1

1

Nl

NL

1

Nl

Comments

B

**I**

Nl

Dir. 70/457

Dir. 72/418

Dir. 73/438

Dir. 78/55

Dir. 79/692

Dir. 79/967

Dir. 867155

Dir. 867380

Dir. 90/654

01/07/72

01/07/72

01/07/73

01/07/77

01/07/77

01/01/80

01/03/86

01/07/90

L

1

Nl

**8.** **70/458/EEC : Council Directive of 29 September** **1970** **on the marketing of vegetable seed**
**(OJL** 225,12/10/70/)

Amendments

Accession Treaty / E-P
Council. Dir. 71/162 (OJ L 87, 17/04/71)
Council Dir. 72/274 (OJ L 171, 29/07/72)
Council Dir. 72/418 (OJ L 287. 26/12/72)
Council Dir. 73/438 (OJ L 356. 27/12/73)
Council Dir. 76/307 (OJ L 72. 18/03/76)
Council Dir. 78/55 (OJ L 16, 20/01/78)
Council Dir. 78/692 (OJ L 236, 26/08/78)
Commission Dec. 79/355 (OJ L 84, 04/04/79)
Commission Dir. 79/641 (OJ L 183,19/07/79)

Implementing measures

Commission Dec. 81/675 (OJ L 246, 29/08/81)
Commission Dir. 89/14 (OJ L 8, 11/01/89)

TransDosition

Council Dir. 79/692 (OJ L 205,13/08/79)
Council Dir. 79/967 (OJ L 293, 20/11/79)
Commission Dec. 81/436 (OJ L 167, 24/06/81)
Council Reg. 85/3768 (OJ L 362, 31/12/85)
Commission Dir. 87/120 (OJ L49. 18/02/87)
Commission Dir.87/481 (OJ L 273, 26/09/87)
Council Dir. 88/332 (OJ L 151, 17/06/88)
Council Dir. 88/380 (OJ L 187, 16/07/88)
Council Dir. 90/654 (OJ L 353, 17/12/90)

Commission Dec. 90/639 (OJ L 348. 12/12/90)
Council Dec. 92/420 (OJ L 231, 13/08/92)

D

1

1

1

1

NN

1

1

NN

NN

1

1

1

EL E

1

1

1

1

NN

1

1

1

1

1

1

1

F

1

1

1

1

NN

1

1

1

1

1

1

1

IRL

1

1

1

1

NN

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

1

1

1

1

L

1

1

1

1

NN

1

1

1

1

1

1

1

P UK

1

1

1

1

NN

1

1

1

1

1

1

1

NL

1

1

1

1

NN

1

1

1

1

1

1

1

Comments

B DK

I

1

1

1

NN

1

1

1

1

1

1

1

Dir. 70/458

Dir. 71/162

Dir. 72/418

Dir. 73/438

Dir. 76/307

Dir. 78/55

Dir. 78/692

Dir. 79/641

Dir. 79/692

Dir. 79/967

Dir. 87/120

Dir. 87/481

01/07/72

01/07/71

01/07/72

01/07/73

01/07/77

01/07/77

01/07/80

01/07/77

01/01/80

01/06/88

01/07/89

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

NN

1

1

Nl

NN

1

1

Nl

NN

1

1

Nl

NN

1

1

Nl

Dir. 867332

Dir. 88/380

_Dir. 89/14_

Dir. 90/654

NN

**1**

**1**

**Nl**

1

1

1

Nl

NN

1

1

Nl

NN

1

1

Nl

NN

1

1

Nl

1

1

1

Nl

ANNEX2 **67**

NN

1

1

Nl 

**01/07/92**

**01/01/90**

**-**

NN

**I**

**I**

**Nl**

**9.** **72/168/EEC** **: Commission Directive of 14 April 1972 on** **detennining** **the characteristics and**
**minimum conditions for inspecting vegetable varieties (OJ** **L103,02/05/72)**

Transposition

IRL

1

1

1

UK

1

L

1

**DK**

**1**

EL

1

E

1

F

1

NL

1

P

1

Comments

**D**

**1**

| Dir. 72/168 01/07/72

**B**

**1**

**10.** **72/169/EEC** **: Commission Directive of 14 April** **1972** **on detennining the characteristics and**
**minimum conditions for inspecting vine varieties (OJ** **L103,** **02/05/72)**

Transposition

IRL

NN

**DK**

**NN**

EL

1

E

1

L

1

**D**

**I**

F

1

1

1

NL

NN

P

1

UK

NN

Comments

I Dir. 72/169 101/07/72

**B**

**I**

**11.** **72/180/EEC: Commission Directive of 14 April 1972 determining the characteristics and**
**minimum conditions for examining agricultural varieties (OJ** **L108,** **08/05/72)**

Transposition

**DK**

**1**

EL

1

IRL

1

L

1

**D**

**1**

E

1

F

1

1

1

NL

1

P

1

UK

1

Comments

I Dir. 72/180 01/07/72

**B**

**I**

**12.** **74/268/EEC** **: Commission Directive of 2 May** **1974** **laying down special conditions concerning**
**the presence of** **'Avena** **fatua' in fodder plant and cereal seed (OJ L** **141,** **24/05/74)**

**Amendments**

**Commission Dir.** **78/511** **(OJ L 157, 15/06/78)**

**Transposition**

DK

**1**

**NN**

EL

1

NN

E

1

NN

F

1

NN

IRL

1

NN

L

1

1

D

1

Nl

1

1

1

UK

1

1

NL

1

NN

P

1

1

Comments

B

**I**

**NN**

Dir. 74/268

Dir. 78/511

**01/07/74**

**01/07/78**

**13.**

**74/649/EEC : Council Directive of 9 December 1974 on the marketing of material for the vege-**
**tative propagation of the vine produced in third countries (OJ L** **352,28/12/74)**

**Transposition**

DK

**NN**

D

**NN**

IRL

NN

EL

I

E

I

F

I

I

1

L

1

NL

NN

UK

NN

P

1

Comments

Dir. 74/649 101/07/76

B

**I**

**14.** **78/386/EEC : First Commission Directive of 18 April 1978 amending the Annexes to Directive**
**66/401/EEC on the marketing of fodder plant seed (OJ L** **113,** **25/04/78)**

**Amendments**

**Commission Dir. 81/126 (OJ** **L** **67.** **12/03/81)**
**Commission Dir.** **82/287** **(OJ L** **131.** **13/05/82)**

Transposition

**DK**

**I**

**I**

**I**

EL

1

1

1

E

1

1

1

F

1

NN

1

P

1

1

1

D

I

NN

1

IRL

1

1

1

UK

1

1

1

NL

1

NN

1

L

1

NN

1

1

1

1

1

Comments

**B**

**I**

**NN**

**I**

Dir. 78/386

Dir. 81/126

Dir. 82/287

**01/07/80**

**01/01/81**

**01/01/82**

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**68** ANNEX2

**15.**

**16.**

**17.**

**18.**

**92/34/EEC** **: Council Directive of 28 April 1992 on the marketing of fruit plant propagating**
**material and fruit plants intended for fruit production** (OJ **L** **157,** 10/06/92)

Amendments

Commission Dir. 93/79 (OJ L 256. 14/10/93)
Commission Dir. 93/48 (OJ L 250, 07/10/93)
Commission Dir. 93/64 (OJ L 250, 07/10/93)

Transposition

**82/287/EEC** **: Commission Directive of 13 April 1982 amending the Annexes to Council Direc-**
**tives 66/401/EEC and 69/208/EEC on the marketing of fodder plant seed and seed of oil and**
**fibre plants respectively, and Directives 78/386/EEC and 78/388/EEC (OJ** L **131,13/05/82)**

Amendments

Commission Dir. 83/116 (JO I 76. 22/03/83)

Transposition

D

**I**

**NN**

EL

I

I

E

I

NN

F

I

NN

IRL

1

1

1

1

NN

L

1

NN

NL

1

NN

P

1

Nl

UK

1

NN

Comments

B | D K

**I** **I**

**NN** **I**

Dir. 82/287

Dir. 83/116

**01/01/82**

**-**

**91/682/EEC:** **Council Directive of 19 December 1991 on the marketing of ornamental plant**
**propagating material and ornamental plants** (OJ **L** 376, 31/12/91)

Amendments

Commission Dir. 93/78 (OJ L 256,14/10/93)
Commission Dir. 93/49 (OJ L 250, 07/10/93)
Commission Dir. 93/63 (OJ L 250, 07/10/93)

Transposition

D

IR

Nl

E

I

Nl

**DK**

**IR**

**Nl**

EL

IR

Nl

I

I

Nl

F

IR

Nl

IRL

IR

Nl

NL

I

1

L

I

Nl

P

1

Nl

UK

IR

Nl

Comments

**B**

**I**

**Nl**

Dir. 91/682

Dir. 93/78

Dir. 93/49

Dir. 93/63

**31/12/92**

**30/06/94**

**31/12/93**

**30/06/93**

**92/33/EEC** **: Council Directive of 28 April** **1992** **on the marketing of vegetable propagating and**
**planting material,** **other** **than seed (OJ L** **157,10/06/92)**

Amendments

Commission Dir. 93/61 (OJ L 250, 07/10/93)
Commission Dir. 93/62 (OJ L 250. 07/10/93)

Transposition

**DK**

**IR**

**Nl**

D

IR

Nl

EL

IR

Nl

E

I

Nl

F

IR

Nl

IRL

IR

Nl

I

IR

Nl

L

1

Nl

NL

IR

Nl

P

1

Nl

UK

IR

Nl

Comments

**B**

**I**

**Nl**

Dir. 92/33

Dir. 93/61

Dir. 93/62

**31/12/92**

**31/12/93**

**30/06/94**

E

IR

Nl

F

IR

Nl

**DK**

**IR**

**Nl**

D

IR

Nl

EL

IR

Nl

IRL

IR

Nl

I

IR

Nl

L

I

Nl

NL

I

I

P

I

Nl

UK

IR

Nl

Comments

**B**

**I**

**Nl**

Dir. 92/34

Dir. 93/79

Dir. 93/48

Dir. 93/64

**31/12/92**

**30/06/94**

**31/12/93**

**30/06/94**

| |s measures notified; Nl= measures not incorporated; D= derogation; IR= Infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2

_**implementing**_ _**measures**_

**1.** **75/502/EEC** **: Commission Directive of 25 July 1975 limiting the marketing of seed of smooth-**
**stalk meadowgrass** **(Poa** **pratensis** **L)** **to seed which has been officially certified** **'basic** **seed'**
**or** **'certified** **seed'** **(OJ** **L 228,29/08/75)**

Transposition

DK

I

D

1

E

1

EL

1

F

1

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

I Dir. 75/502 101/07/76

B

I

**80/755/EEC** **: Commission Decision of 17 July 1980 authorizing the indelible printing of pre-**
**scribed information on packages of** **cereal** **seed (OJ** **L** **207,** **09/08/80)**

**Amendments**

**Commission** **Dec.** **81/109** **(OJ** **L64, 11/03/81)**

**3.** **81/675/EEC : Commission Decision of 28 July 1981 establishing that particular sealing sys-**
**tems are 'non-reusable systems' within the meaning of Council Directives 66/400/EEC,**
**66/401/EEC, 66/402/EEC,** **69/208/EEC and 70/458/EEC (OJ** **L 246,29/08/81)**

**Amendments**

**Commission** **Dec.** **86/563** **(OJ L** **327,** **22/12/86)**

**86/109/EEC** **: Commission Directive of 27 February 1986 limiting the marketing of seed of**
**certain species of fodder plants and oil and fibre plants to seed which has been officially**
**certified as** **'basic** **seed'** **or 'certified** **seed'** **(OJ L** **93,** **08/04/86)**

Amendments

Commission Dir. 89/424 (OJ L 196,12/07/89)
Commission Dir. 91/376 (OJ L 203, 26/07/91)

Transposition

DK

I

I

Nl

D

I

I

I

EL

I

I

Nl

E

I

I

Nl

F

I

I

Nl

IRL

I

I

I

I

I

I

I

L

I

1

1

NL

NN

1

1

P

1

1

1

UK

1

1

Nl

Comments

B

I

I

Nl

Dir. 86/109

Dir. 89/424

Dir. 91/376

01/07/91

01/07/91

**5.**

**87/309/EEC : Commission Decision of 2 June 1987 authorizing the indelible printing of pre-**
**scribed information on packages of** **seed** **of certain fodder plant species (OJ L** **155,16/06/87)**

Amendments

Commission Dec. 88/493 (OJ L 261, 21/09/88)

**89/14/EEC** **: Commission Directive of** **15** **December 1988 determining the groups of varieties of**
**spinach beet and beetroot referred to crop isolation conditions of Annex** **I** **to Council Direc-**
**tive 70/458/EEC on the marketing of vegetable seed (OJ** **L** **8,11/01/89)**

Transposition

DK

I

EL

I

E

I

IRL

I

D

I

F

I

I

I

L

I

P

I

NL

I

UK

I

Comments

| Dir. 89/14 101/01/90

B

I

11= measures notified; Nl= measures not incorporated; _D-_ derogation; IR= Infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

70 ANNEX 2

**7.** **89/374/EEC:** **Commission Decision of 2 June 1989 on the organization of a temporary**
**experiment under Council Directive** **66/402/EEC** **on the marketing of cereal seed, in order to**
**establish the conditions to be satisfied by the crop and the seed of hybrids of rye**
**(OJ L** **166,16/06/89)**

**Amendments**

**Commission Dec.** **92/520** **(OJ** **L 325,11/11/92)**

**8.** **89/540/EEC : Commission Decision of 22 September 1989 on the organization of a temporary**
**experiment on the marketing of seeds and propagating material (OJ L 286, 04/10/89)**

**9.** **90/639/EEC : Commission Decision of 12 November** **1990** **determining the names to be borne**
**by the varieties derived from the varieties of vegetable species listed in Decision** **89/7/EEC**
**(OJL 348,12/12/90)**

_**Derogations**_ _**and**_ _**transitional measures**_

**1.** **70/47/EEC: Décision de la Commission, du 22 décembre 1969, dispensant la République**
**française d'appliquer, à certaines espèces, les directives du Conseil, du 14 juin 1966,**
**concernant la commercialisation des semences de plantes fourragères et de céréales**
**(English version not available) (OJ** **L13 .19/01/70)**

Amendments

Commission Dec. 80/301 (OJ L 145, 02/06/73)

**2.** **70/481/EEC** **: Commission Decision of 16 October** **1970** **dispensing the French Republic from**
**applying Council Directive of 30 June 1969 concerning the marketing of seed of oil and fibre**
**plants for certain types of these seeds (OJ** L 237, 28/10/70)

Amendments

Commission Dec. 73/123 (OJ L 145, 02/06/73)

**3.** **73/83/EEC : Council Decision of 26 March** **1973** **on the equivalence of field inspections carried**
**out on seed producing crops in Denmark, Ireland and the United Kingdom**
**(OJL** **106,** 20/04/73)

Amendments

Council Dec. 74/350 (OJ L 191, 15/07/74)

**73/188/EEC : Commission Decision of 4 June 1973 exempting the United Kingdom of Great**
**Britain and Northern Ireland from applying to certain species the Council Directive of 29 Sep-**
**tember 1970 concerning the marketing of vegetable seed** (OJ L 194,16/07/73)

**74/5/EEC** **: Commission Decision of 6 December 1973 exempting the Kingdom of Denmark**
**from applying to certain species the Council Directive of 14 June** **1966** **concerning the market-**
**ing of cereal seed** (OJ L 12, **15/01/74)**

**l«** measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way, NN- no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX 2 71

**6.** **74/269/EEC** **: Commission Decision of 2 May 1974 authorizing certain Member States to make**
**provisions which are more strict concerning the presence of** **'Avena** **fatua' in fodder plant and**
**cereal seed (OJ L** **141,** **24/05/74)**

Amendments

Commission Dec. 78/512 (OJ L 157,15/06778)

**7.** **74/358/EEC** **: Commission Decision of 13 June 1974 exempting Ireland from applying to cer-**
**tain species the Council Directive of 29 September 1970 on the marketing of vegetable seed**

**(OJL 196,19/04/74)**

**Amendments**

**Commission** **Dec.** **90/209 (OJ L** **108,** **28704/90)**

**74/360/EEC** **: Commission Decision of 13 June 1974 exempting the United Kingdom from**
**applying to certain species the Council Directive of** **30** **June 1969 on the marketing of seed of**
**oil and fibre plants (OJ L** **196,19/07/74)**

**9.** **74/361/EEC** **: Commission Decision of 13 June 1974 exempting the United Kingdom from**
**applying to certain species the Council Directive of 14 June 1966 on the marketing of cereal**
**seed** **(OJL 196,19/07/74)**

**10.** **74/362/EEC** **: Commission Decision of 13 June 1974 exempting the United Kingdom from**
**applying to certain species the Council Directive of 14 June 1966 on the marketing of fodder**
**plant** **seed** **(OJ L** **196,19/07/74)**

**11.** **74/366/EEC** **: Commission Decision of 13 June 1974 provisionally authorizing the French**
**Republic to prohibit the marketing, in France, of dwarf** **french** **bean seed of the variety** **'Sim'**
**(OJL 196,19/07/74)**

**12.** **74/367/EEC** **: Commission Decision of 13 June 1974 provisionally authorizing the French**
**Republic to prohibit the marketing, in France, of dwarf french bean seed of the variety**

**•Duster*** **(OJ L** **196,19/07/74)**

**13.** **74/491/EEC** **: Commission Decision of 17 September** **1974** **exempting the Kingdom of**
**Denmark from applying to certain species the Council Directive of 30 June 1969 on the**
**marketing of** **seed** **of oil and fibre plants (OJ** **L** **267,** **03/10/74)**

**14.** **74/531/EEC** **: Commission Decision of 16 October 1974 authorizing the Kingdom of the**
**Netherlands to adopt more stringent provisions concerning the presence of** **'Avena** **fatua'** **in**
**cereal seed (OJ** **L** **299,** **07/11/74)**

**15.** **74/532/EEC** **: Commission Decision of 16 October 1974 exempting Ireland from applying to**
**certain species the Council Directives of 14 June 1966 on the marketing of fodder plant seed**
**and of cereal seed and the Council Directive of 30 June 1969 on the marketing of seed of oil**
**and fibre plants (OJ** **L** **299,** **07/11/7,4)**

11" measures notified; NN measures not incorporated; D= derogation; _\R-_ infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

72 ANNEX 2

**16.** **75/287/EEC : Commission Decision of 18 April 1975 exempting the Kingdom of Denmark,**
**Ireland,** **the Kingdom of the Netherlands and the United Kingdom of Great Britain and**
**Northern Ireland from applying the Council Directive of 9 April** **1968** **on the marketing of mate-**
**rial** **for** **the vegetative propagation of the vine (OJ L** **122,14/05/75)**

**17.** **75/538/EEC : Commission Decision of 25 July 1975 authorizing the Italian Republic to reduce**
**for Sicily the minimum lengths of certain vine propagation material (OJ L 237, 09/09/75)**

**18.** **75/577/EEC : Commission Decision of 30 June 1975 authorizing the Republic of France to**
**restrict the marketing of seeds and seedlings of certain varieties of agricultural plant species**
**(OJL253,** **30/09/75)**

**19.** **75/578/EEC : Commission Decision of 30 June 1975 authorizing the Grand Duchy of Luxem-**
**bourg to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL253,** **30/09/75)**

**Amendments**

**Commission Dec. 78/285** **(OJ** **L 74, 16/03/78)**

**20.** **75/752/EEC** **: Commission Decision of 20 November** **1975** **exempting the United Kingdom from**
**applying Council Directive No 70/458/EEC to certain vegetable species (OJ L** **319,10/12/75)**

**21.** **76/219/EEC** **: Commission Decision of 30 December 1975** **authorizing** **the French Republic to**
**restrict the marketing of seed or propagating material of certain varieties of agricultural plant**
**species (OJ L 46, 21/02/75)**

**22.** **76/221/EEC : Commission Decision of 30 December 1975 authorizing the Grand Duchy of**
**Luxembourg to restrict the marketing of seed or propagating material of certain varieties of**
**agricultural plant species (OJ L 46, 21/06/76)**

**23.** **76/687/EEC : Commission Decision of 30 June 1976 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**

**(OJL** **198, 26/08/76)**

**Amendments**

**Commission Dec.** **78/615** **(OJ L 198,** **22/07/78)**

**24.** **76/688/EEC : Commission Decision of 30 June 1976 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJ L 235, 26/08/76)**

**25.** **76/689/EEC : Commission Decision of 30 June 1976 authorizing the Grand Duchy of Luxem-**
**bourg to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJ L 235, 26/08/76)**

**l= measures** **notified;** **Nl=** **measures not** **incorporated;** **D=** **derogation;** **IR=** **infringement** **proceedings under** **way;** **NN= no measures** **necessary |**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

ANNEX 2 73

**26.** **76/690/EEC : Commission Decision of 30 June 1976 authorizing the United Kingdom to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJ L 235, 26/08/76)**

**27.** **77/147/EEC** **: Commission Decision of 29 December 1976 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 47,18/02/77)**

**Amendments**

**Commission Dec.** **92/227 (OJ** **L 108, 25704/92)**

**28.** **77/149/EEC** **: Commission Decision of 29 December** **1976** **authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 47,18/02/77)**

**Amendments**

**Commission Dec.** **92/277** **(OJ** **L** **25/04/92)**

**29.** **77/150/EEC** **: Commission Decision of 29 December 1976 authorizing the French Republic to**
**restrict the marketing of a variety of cereals (OJ L** **47,18/02/77)**

**30.** **77/282/EEC** **: Commission Decision of 30 March 1977 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **95, 19/04/77)**

**31.** **77/283/EEC: Commission Decision of 30 March 1977 authorizing the United Kingdom to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 95,19/04/77)**

**32.** **77/406/EEC : Commission Decision of 1 June 1977 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 148,16/06/77)**

**33.** **78/124/EEC** **: Commission Decision of 28 December** **1977** **authorizing the Grand Duchy of**
**Luxembourg to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 41,11/02/78)**

**34.** **78/126/EEC** **: Commission Decision of 28 December 1977 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **41,** **11/02/78)**

**35.** **78/127/EEC** **: Commission Decision of 28 December 1977 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **41,** **11/02/78)**

**1=** **measures notified;** **Ni=** **measures not incorporated; D=** **derogation;** **IR= infringement** **proceedings** **under** **way,** **NN= no measures necessary**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

74 ANNEX 2

**36.** **78/347/EEC : Commission Decision of 30 March 1978 authorizing the United Kingdom to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 99,12/04/78)**

**37.** **78/348/EEC** **: Commission Decision of 30 March 1978 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJ L** **99,12/04/78)**

**38.** **78/349/EEC** **: Commission Decision of 30 March 1978 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 99,12/04/78)**

**39.** **79/92/EEC** **: Commission Decision of 29 December 1978 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **22, 31/01/79)**

**Amendments**

**Commission Dec.** **92/227** **(OJ L** **108,** **25/04/92)**

**40.** **79/93/EEC : Commission Decision of 29 December 1978 authorizing the United Kingdom to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL22,** **31/01/79)**

**41.** **79/94/EEC : Commission Decision of 29 December 1978 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL22,** **31/01/79)**

**42.** **79/348/EEC : Commission Decision of 14 March 1979 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJ L** **84,** **04/04/79)**

**43.** **79/355/EEC : Commission Decision of 20 March 1979 exempting the Kingdom of Denmark**
**from applying to certain species Council Directive 70/458/EEC on the marketing of vegetable**
**seed (OJ L 84, 04/04/79)**

**44.** **80/128/EEC** **: Commission Decision of 28 December** **1979** **authorizing the United Kingdom to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJ L 29, 06/02/80)**

**45.** **80/446/EEC : Commission Decision of 31 March 1980 authorizing the United Kingdom to**
**restrict the marketing of seed of a variety of an agricultural plant species (OJ L** **110,** **29/04/80)**

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX 2** **75**

**46.** **80/5127EEC** **: Commission Decision of 2 May** **1980** **authorizing the Kingdom of Denmark, the**
**Federal Republic of Germany, the Grand Duchy** **of** **Luxembourg, the Kingdom of the**
**Netherlands and the United Kingdom not to apply the conditions laid down in Council Direc-**
**tive 66/401/EEC on the marketing of fodder plant seed, as regards the weight of the sample**
**for determination of** **seed** **of Cuscuta (OJ** **L126,21/05/80)**

**47.** **80/1359/EEC** **: Commission Decision of** **30** **December 1980 authorizing the Federal Republic of**
**Germany to restrict the marketing of** **seed** **of certain varieties of agricultural plant species**
**(OJL384,** **31/12/80)**

Amendments

Commission Dec. 92/227 (OJ L 108, 25/04/92)

**48.** **80/1360/EEC** **: Commission Decision of 30 December** **1980** **authorizing the French Republic to**
**restrict the marketing of** **seed** **of certain varieties of agricultural plant species**
**(OJL384,** **31/12/80)**

**49.** **80/1361/EEC** **: Commission Decision of 30 December** **1980** **authorizing the United Kingdom to**
**restrict the marketing of** **seed** **of certain varieties of agricultural plant species**
**(OJL384,** **31/12/80)**

**50.** **81/277/EEC** **: Commission Decision of 31 March** **1981** **authorizing the French Republic to**
**restrict the marketing of** **seed** **of certain varieties of agricultural plant species**
**(OJ L** **123,** **07/05/81)**

**51.** **81/436/EEC** **: Commission Decision of 8 May 1981 authorizing the United Kingdom to extend**
**the time limit for acceptances of certain varieties of species of agricultural plants and vegeta-**
**bles (OJ** **L167,24/06/81)**

**52.** **81/956/EEC** **: Fourth Council Decision of 16 November** **1981** **on the equivalence of seed pota-**
**toes produced in third countries (OJ** **L** **351,** **07/12/81)**

Amendments

Council Dec. 90/403 (OJ L 327, 22/12/86)

**53.** **82/41/EEC** **: Commission Decision of** **29** **December** **1981** **authorizing the United Kingdom to**
**restrict the marketing of** **seed** **of certain varieties of agricultural plant species**
**(OJ L** **16,** **22/01/82)**

**54.** **82/947/EEC** **: Commission Decision of 30 December 1982 authorizing the United Kingdom to**
**restrict the marketing of** **seed** **of certain varieties of agricultural plant species**
**(OJL383,** **31/12/82)**

Amendments

Commission Dec. 88/625 (OJ L 347, 16/12/88)

11" measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

**THE** COMMUNITY INTERNAL MARKET - 1993 REPORT

**76** ANNEX2

**55.** **827948/EEC : Commission Decision of 30 December 1982 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
(OJL **383,** 31/12/82)

**56.** **82/949/EEC** **: Commission Decision of 30 December 1982 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL383,** 31/12/82)

Amendments

Commission Dec. 92/227 (OJ **L** **76,** 22/03/83)

**57.** **84/19/EEC** **: Commission Decision of 22 December 1983 authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **18, 21/01/84)**

**58.** **84/20/EEC : Commission Decision of 22 December 1983 authorizing the United Kingdom to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **18, 21/01/84)**

**59.** **84/23/EEC** **: Commission Decision of 22 December 1983 authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**

**(OJL 18,21/01/84)**

Amendments

Commission Dec. 92/277 (OJ L 108, 25/04/92)

**60.** **85/355/EEC : Seventh Council Decision of 27 June 1985 on the equivalence of field inspec-**
**tions carried out in third countries on** **seed-producing** **crops (OJ L** **195,** **26/07/85)**

Amendments

Council Dec. 85/588 (OJ L 372, 31/12/85)
Council Dec. 85/589 (OJ L 372, 31/12/85)
Commission Dec. 86/316 (OJ L 196, 18/07/86)
Commission Dec. 86/317 (OJ L 196, 18/07/86)
Council Dec. 86/526 (OJ L 311, 06/11/86)
Council Dec. 86/527 (OJ L 311. 06/11/86)
Commission Dec. 87/346 (OJ L 189, 09/07/87)
Commission Dec. 87/34 (OJ L 189, 09/07/87)
Commission Dec. 87/476 (OJ L 252, 03/09/87)
Commission Dec. 87/465 (OJ L 252, 03/09/87)
Council Dec. 87/520 (OJ L 304, 27/10/87)
Council Dec. 87/52 (OJ L 304, 27/10/87)
Commission Dec. 88/322 (OJ L 147, 14/06/88)

Commission Dec. 88/323 (OJ L 147, 14/06/88)
Council Dec. 88/575 (OJ L 313, 19/11/88)
Commission Dec. 89/124 (OJ L 46, 16702/89)
Commission Dec. 89/357 (OJ L 151, 03/06/89)
Council Dec. 89/368 (OJ L 163, 14/06/89)
Council Dec. 89/532 (OJ L 279, 28/09/89)
Commission Dec. 89/575 (OJ L 321, 04/11/89)
Council Dec. 90/402 (OJ L 208, 07/08/90)
Council Dec. 91/239 (OJ L 107, 27/04/91)
Council Dec. 91/514 (OJ L 278, 05/10/91)
Council Dec. 91/554 (OJ L 298, 29/10/91)
Council Dec. 92/135 (OJ L 52, 27/02/92)
Council Dec. 92/221 (OJ L 107, 24/04/92)

61.

**85/356/EEC** : Seventh **Council Decision of 27 June** **1985** **on the equivalence of seed produced**
**in third** countries (OJ L 195, 26/07/85)

Amendments

Council Dec. 85/588 (OJ L 372, 31/12/85)
Council Dec. 85/589 (OJ L 372, 31/12/85)
Commission Dec. 86/316 (OJ L 196, 18/07/86)
Commission Dec. 86/317 (OJ L 196, 18/07/86)
Council Dec. 86/526 (OJ L 311, 06/11/86)

Council Dec. 86/527 (OJ L 311, 06/11/86)
Commission Dec. 87/346 (OJ L 189, 09/07/87)
Commission Dec. 87/34 (OJ L 189, 09/07/87)
Commission Dec. 87/476 (OJ L 252, 03/09/87)
Commission Dec. 87/465 (OJ L 252, 03/09/87)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET                           - 1993 REPORT

Council Dec. 87/520 (OJ L 304, 27/10/87)
Council Dec. 87/52 (OJ L 304, 27/10/87)
Commission Dec. 88/322 (OJ L **147,** 14/06/88)
Commission Dec. 88/323 (OJ L 147, 14/06/88)
Council Dec. 88/575 (OJ L 313, 19/11/88)
Commission Dec. 89/124 (OJ L 46, 18/02/89)
Commission Dec. 89/357 (OJ L 151, 03/06/89)
Council Dec. 89/368 (OJ L 163, 14/06789)

ANNEX 2 77

Council Dec. 89/532 (OJ L 279, 28/09/89)
Commission Dec. 89/575 (OJ L 321, 04/11/89)
Council Dec. 90/402 (OJ L 208, 07/08/90)
Council Dec. 91/239 (OJ L 107, 27/04/91)
Council Dec. 91/514 (OJ L 278, 05/10/91)
Council Dec. 91/554 (OJ L 298, 29/10/91)
Council Dec. 92/135 (OJ L 52, 27/02/92)
Council Dec. 92/221 (OJ L 107, 24/04/92)

**62.**

**85/370/EEC : Commission Decision of 8 July 1985 authorizing the Netherlands to assess the**
**satisfaction of the varietal purity standards laid down in Annex II to Council Directive**
**66/401/EEC for seed of** **apomictic** **uniclonal varieties of Poa pratensis, also on the basis of the**
**results of seed and seedling testing (OJ L 209, 06/08/85)**

**63.** **85/623/EEC : Commission Decision of 16 December** **1985** **authorizing the French Republic to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL379,** **31/12/85)**

**64.** **85/624/EEC** **: Commission Decision of 16 December** **1985** **authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **379, 31/12/85)**

Amendments

Commission Dec. 92/227 (OJ L 108, 25704/92)

**65.** **86/153/EEC:** **Commission Decision of 25 March 1986 exempting Greece from applying to**
**certain species Council Directives 66/401/EEC, 66/402/EEC and 69/208/EEC on the marketing**
**of fodder plant seed, cereal seed and the seed of oil and fibre plants respectively**
**(OJL** **115, 03/05/86)**

**66.** **87/110/EEC** **: Commission Decision of 22 December** **1986** **authorizing the Federal Republic of**
**Germany to restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL 48,17/02/87)**

**67.** **87/111/EEC** **: Commission Decision of 22 December 1986 authorizing the United Kingdom to**
**restrict the marketing of seed of certain varieties of agricultural plant species**
**(OJL** **48, 17/02/87)**

**68.** **87/448/EEC : Commission Decision of** **31** **July** **1987** **authorizing the United Kingdom to restrict**
**the marketing of seed of a variety of an agricultural plant species (OJ L** 240, 22/08/87)

**69.** **89/78/EEC** **: Commission Decision of 29 December 1988 liberalizing trade in seeds of certain**
**agricultural plant species between Portugal and other Member States (Only the Danish,**
**Dutch,** **English, French, German, Greek and Italian texts are authentic)** (OJ L 30, 01/02/89)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

78 ANNEX 2

**70.** **89/101/EEC** **: Commission Decision of 20 January 1989 releasing Belgium, Denmark,**
**Germany, Spain, Ireland, Luxembourg and the United Kingdom from the obligation to apply**
**to certain species Council Directives 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC on**
**the marketing of fodder plant seed, cereal seed, seed of oil and fibre plants and vegetable**
**seed respectively (Only the Danish, French, English, Dutch, Spanish and German texts are**
**authentic) (OJ L** **38,10/02/89)**

**71.** **89/421/EEC** **: Commission Decision of 22 June 1989 authorizing the Hellenic Republic to**
**restrict the marketing of seed of certain varieties of an agricultural plant species (Only the**
**Greek text is authentic) (OJ L** **93,08/07/89)**

**72.** **89/422/EEC** **: Commission Decision of 23 June 1989 authorizing the Federal. Republic of**
**Germany to restrict the marketing of seed of a variety of an agricultural plant species and**
**amending Decision** **89/77/EEC** **(Only the German text is authentic) (OJ** **L193,** **08/07/89)**

**Amendments**

**Commission Dec.** **92/227** **(OJ L 108, 25/04/92)**

**73.** **90/57/EEC** **: Commission Decision of 24 January 1990 liberalizing trade in seeds of certain**
**agricultural plant species between Portugal and other Member States (OJ L** **40,14/02/90)**

**74.** **90/209/EEC : Commission Decision of 19 April 1990 releasing the Member States from the**
**obligation to apply to certain species the provisions of Council Directive 70/458/EEC on the**
**marketing of vegetable seed, amending Decisions** **73/122/EEC** **and 74/358/EEC and repealing**
**Decision** **74/363/EEC** **(OJ L** **108,** **28/04/90)**

**75.** **91/28/EEC** **: Commission Decision of 19 December 1990 authorizing certain Member States to**
**provide for exceptions from certain provisions of Directive 77/93/EEC in respect of potatoes**
**for human consumption originating in Turkey (OJ L 16, 22/01/91)**

**Amendments**

**Commission Dec. 91/610 (OJ** **L** **331,** **03/12/91)**
**Commission Dec. 93/37 (OJ L 16, 25/01/93)**
**Commission Dec. 93/38 (OJ L** **16,** **25/01/93)**

**76.** **927168/EEC** **: Commission Decision of 4 March** **1992** **authorizing Greece to restrict the market-**
**ing of seed of certain varieties of an agricultural plant species (OJ L** **74,** **20/03/92)**

**77.** **92/195/EEC** **: Commission Decision of 17 March 1992 on the organization of a temporary**
**experiment under Council Directive 66/401/EEC on the marketing of fodder plant seed with**
**regard to increasing the maximum weight of a lot (OJ L 88, 03/04/92)**

**78.** **92/420/EEC** **: Council Decision of 13 July 1992 on the equivalence of checks on practices for**
**the maintenance of varieties carried out in third countries (OJ L** **231,13/08/92)**

**l=** **measures** **notified;** **Nl=** **measures** **not** **incorporated;** **D= derogation;JR=** **infringement proceedings** **under** **way;** **NN-** **no** **measures necessary**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

ANNEX2 **79**

**24.?,** **Food** **legislation**

_**2A.2A.**_ **Foodstuffs**

**1.** **62/2645/EEC** **: Council Directive of 23 October** **1962** **on the approximation of the rules of the**
**Member States concerning the colouring matters authorized for use in foodstuffs intended**
**for human consumption (OJ** **L115,11/11/62)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 65/469 (OJ L 178, 26710/65)
Council Dir. 67/653 (OJ L 263, 30/10/67)
Council Dir. 687419 (OJ L 309, 24/12/68)
Council Dir. 707358 (OJ L 157,18/07/70)

Transoosition

Council Dec. 73/101 (OJ L 2, 01/01/73)
Council Dir. 76/399 (OJ L 108, 26/04/76)
Council Dir. 78/144 (OJ L 44, 15/02/78)
Council Dir. 81/20 (OJ L 43, 14/02/81)
Commission Dir. 81/712 (OJ L 257,10/09/81)
Council Dir. 85/7 (OJ L 2, 03/01/85)

DK

I

1

**1**

1

1

1

**1**

1

1

NN

EL

NN

F

1

1

1

1

NN

1

1

1

1

NN

IRL

1

1

1

1

NN

1

1

1

1

NN

1

1

1

1

1

NN

1

1

1

1

NN

D

1

1

1

1

NN

1

1

1

1

NN

E

1

1

1

NN

NN

1

1

1

1

NN

NL

1

1

1

1

NN

1

1

1

1

NN

UK

1

1

1

1

NN

1

1

1

1

NN

L

I

1

1

1

NN

1

1

1

1

NN

P

NN

Comments

Dir. 62/2645

Dir. 65/469

Dir. 67/653

Dir. 68/419

Dir. 707358

Dir. 76/399

Dir. 78/144

Dir. 81/20

Dir. 81/712

Dir. 85/7

26/10/63

31/12/66

01/01/68

01/01/77

02/02/79

01/07/81

20/02/83

B

NN

**2.** **64/54/EEC** **: Council Directive of 5 November** **1963** **on the approximation of the laws of the**
**Member States concerning the preservatives authorized for use in foodstuffs intended for**
**human consumption (OJ L** **12,27/01/64)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 65/569 (JO P 222, 28/12/65)
Council Dir. 66/722 (JO P 233, 20/12/66)
Council Dir. 67/427 (JO P 148, 11/07/67)
Council Dir. 68/420 (OJ L 309, 24/12/68)
Council Dir. 70/359 (OJ L 157, 18/07/70)
Council Dir. 71/160 (OJ L 87, 17/04/71)
Council Dir. 72/2 (OJ L 2, 04/01/72)

Transposition

Council Dir. 72/444 (OJ L 298, 31/12/72)
Council Dec. 73/101 (OJ L 2, 01/01/73)
Council Dir. 74/62 (OJ L 38, 11/02/74)
Council Dir. 74/394 (OJ L 208, 30/07/74)
Council Dir. 76/462 (OJ L 126,14/05/76)
Council Dir. 78/145 (OJ L 44, 15/02/78)
Council Dir. 81/214 (OJ L 101, 11/04/81)
Council Dir. 85/7 (OJ L 2, 03/01/85)
Council Dir. 85/172 (OJ L 65, 06/03/85)
Council Dir. 85/585 (OJ L 372, 31/12/85)

DK

1

1

1

1

NN

1

1

NN

1

1

D

1

1

1

1

1

1

1

NN

1

1

EL E

1

1

1

NN

1

1

NN

1

1

1

F

1

NN

1

NN

NN

1

NN

NN

1

1

L

1

1

1

1

1

1

1

NN

1

1

NL

1

1

1

1

NN

1

1

NN

1

1

IRL

1

1

1

1

1

1

1

NN

1

1

1

1

1

1

1

NN

1

1

NN

1

1

P UK Comments

B

1

1

1

1

NN

1

1

NN

1

1

Dir. 64/54

Dir. 65/569

Dir. 66/722

Dir. 67/427

Dir. 68/420

Dir. 70/359

Dir. 71/160

Dir. 72/2

Dir. 72/444

Dir. 74/62

Dir. 74/394

06/11/64

31/12/66

01/07/68

01/10/71

01/01/74

01/01/74

I [s] measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

80 ANNEX 2

Dir. 76/462

Dir. 78/145

Dir. 81/214

Dir. 85/7

Dir. 85/172

Dir. 85/585

05/05/77

02/02/79

01/07/81

31/12/86

1

NN

1

NN

NN

1

1

1

1

NN

NN

1

1

NN

1

NN

NN

1

1

1

1

NN

NN

1

1

1

1

NN

NN

1

1

1

1

NN

NN

1

1

1

1

NN

NN

1

1

1

1

NN

NN

1

1

1

1

NN

NN

1

1

1

1

NN

NN

1

1

1

1

NN

NN

1

I

I

I

NN

NN

1

**65/66/EEC : Council Directive of 26 January 1965 laying down specific criteria of purity for**
**preservatives authorized for use in foodstuffs intended for human** **consumption**
**(OJ** **L** **22,** **09/02/65)**

**Amendments**

Accession Treaty / DK-IRL-UK
Council Dir. 67/428 (JO P 148, 11/07/67)

Transposition

Council Dir. 76/463 (OJ L 126, 14/05/76)
Council Dir. 86/604 (OJ L 352, 13/12/86)

EL

1

1

1

1

E

I

1

1

1

F

1

1

1

1

D

1

1

1

1

IRL

1

1

1

1

L

1

1

1

1

NL

1

1

1

1

UK

1

1

1

1

DK

1

1

1

1

P

1

1

1

1

Comments

B

1

1

1

1

Dir. 65/66

Dir. 67/428

Dir. 76/463

Dir. 86/604

01/06/66

01/07/68

05/05/77

01/01/88

**67/427/EEC : Council Directive of 27 June 1967 on the use of certain preservatives for the**
**surface treatment of citrus fruit and on the control measures to be used for the qualitative**
**and quantitative analysis of preservatives in and on citrus fruit (OJ L** **148,11/07/67)**

Transposition

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

I Dir. 67/427 01/07/68

**70/357/EEC** **: Council Directive of 13 July 1970 on the approximation of the laws of the Mem-**
**ber States concerning the antioxidants authorized for use in foodstuffs intended for human**
**consumption** (OJ L 157,18/07/70)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P
Council Dec. 73/101 (OJ L2, 01/01/73)
Council Dir. 74/412 (OJ L 221, 12/08/74)

Transposition

Council Dir. 78/143 (OJ L 44, 15/02/78)
Council Dir. 81/962 (OJ L 354, 09/12/81)
Council Dir. 85/7 (OJ L 2, 03/01/85)
Council Dir. 87/55 (OJ L 24, 27/01/87)

F

1

NN

1

1

NN

1

IRL

1

NN

1

1

NN

1

DK

I

NN

I

NN

NN

1

D

1

NN

1

1

NN

1

EL

1

1

1

1

NN

1

E

1

NN

1

1

NN

1

L

1

NN

1

NN

NN

1

1

1

NN

1

1

NN

1

NL

1

NN

1

1

NN

1

P

1

1

1

1

NN

1

UK

1

NN

1

1

NN

1

Comments

B

I

NN

I

NN

NN

I

Dir. 70/357

Dir. 74/412

Dir. 78/143

Dir. 81/962

Dir. 85/7

Dir. 87/55

13/07/71

02/02/79

01/12/82

1= measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings under way, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**(14**

ANNEX2 61

**73/241/EEC : Council Directive of 24 July 1973 on the approximation of the** **laws** **of the** **Mem-**
**ber States relating to cocoa and chocolate products intended for human consumption**
**(OJL** 228,16/08/73)

Amendments

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 74/411 (OJ L 221, 12/08/74)
Council Dir. 78/609 (OJ L 197, 22/07/78)
Council Dir. 78/842 (OJ L 291, 17/10/78)
Council Dir. 80/608 (OJ L 170, 03/07/80)

Transposition

Council Dir. 74/644 (OJ L 349, 28/12/74)
Council Dir. 75/155 (OJ L 64,11/03/75)
Council Dir. 76/628 (OJ L 223, 16/08776)
Council Dir. 8577 (OJ L 2, 03/01/85)
Council Dir. 89/344 (OJ L 142, 25/05/89)

DK

I

I

NN

I

I

I

NN

NN

NN

NN

EL

NN

NN

F

I

1

NN

1

1

1

NN

NN

NN

NN

D

I

I

NN

I

I

I

NN

NN

NN

NN

E

NN

NN

IRL

1

1

NN

1

1

1

NN

NN

NN

NN

L

1

1

NN

1

1

1

NN

NN

NN

NN

1

1

1

NN

1

1

1

NN

NN

NN

NN

NL

1

1

NN

1

1

1

NN

NN

NN

NN

P

1

NN

NN

1

1

1

NN

NN

NN

NN

UK

1

1

NN

1

1

1

NN

NN

NN

NN

Comments

B

I

**I**

NN

I

**I**

**I**

NN

NN

NN

NN

Dir. 73/241

Dir. 74/411

Dir. 74/644

Dir. 75/155

Dir. 76/628

Dir. 78/609

Dir. 78/842

Dir. 807608

Dir. 85/7

Dir. 89/344

01/08/74

30/06/75

29/07/77

05/07/79

01/01/78

01/01/88

**73/437/EEC** **: Council Directive of 11 December 1973 on the approximation of the laws of the**
**Member States concerning certain sugars intended for human consumption**
**(OJL356,** 27712/73)

Amendments

Accession Treaty /EL
Accession Treaty / E-P

Transposition

DK

I

D

**I**

EL

I

E

I

IRL

I

L

r

NL

I

F

I

I

I

UK

I

P

I

Comments

| Dir. 73/437 13/12/74

B

I

**74/329/EEC** **: Council Directive of 18 June 1974 on the approximation of the laws of the** **Mem-**
**ber States relating to** **emulsifiers,** **stabilizers, thickeners and gelling agents for use in food-**
**stuffs** (OJ L 189, 12/07/74)

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Council Dir. 78/612 (OJ L 197, 22/07/78)
Council Dir. 80/597 (OJ L 155, 23/06/80)

Transposition

Council Dir. 85/6 (OJ L 2, 03/01/85)
Council Dir. 85/7 (OJ L 2, 03/01/85)
Council Dir. 86/102 (OJ L 88, 03/04/86)
Council Dir. 89/393 (OJ L 186, 30/06/89)

DK

I

I

I

NN

NN

1

NN

D

1

1

1

NN

NN

1

NN

EL

1

1

1

NN

NN

1

NN

E

1

1

1

NN

NN

1

NN

IRL

1

1

1

NN

NN

1

1

1

1

1

1

NN

NN

1

NN

L

1

1

1

NN

NN

1

NN

F

1

1

1

NN

NN

1

NN

NL

1

1

1

NN

NN

1

NN

P

1

1

1

1

NN

1

1

UK

1

1

1

NN

NN

1

NN

Comments

B

I

I

I

NN

NN

I

NN

Dir. 74/329

Dir. 78/612

Dir. 80/597

Dir. 85/6

Dir. 85/7

Dir. 86/102

Dir. 89/393

20/06/75

03/06/81

27/03/87

01/01/89

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary]

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

82 ANNEX 2

**9.**

**10.**

**11.**

**12.**

**74/409/EEC** **: Council Directive of 22 July 1974 on the harmonization of the laws of the Mem-**
**ber** **States** **relating to honey (OJ** **L 221,12/08/74)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

**76/621/EEC : Council Directive of 20 July 1976 relating to the fixing of the maximum level of**
**erucic acid in oils and fats intended as such for human consumption and in foodstuffs**
**containing added oils or fats (OJ** **L** **202,** **28/07/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

P

1

UK

1

NL

1

Comments

L

1

E | F

» 1 «

IRL

1

1

1

D

1

EL

1

DK

1

I Dir. 74/409 123/07/75

B

I

**75/726/EEC** **: Council Directive of 17 November 1975 on the approximation of the laws of the**
**Member** **States** **concerning fruit juices and certain similar products (OJ L** **311,01/12/75)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 79/168 (OJ L 37.13/02/79)

Transposition

Council Dir. **81/487 (OJ L** **189,11/07/81)**
Council Dir. 89/394 (OJ L 186, 30/06789)

NL

1

1

1

P

1

1

1

UK

1

1

1

Comments

D

I

I

I

1

1

1

1

L

1

1

1

E

I

I

I

F

I

I

I

IRL

I

1

1

DK

I

I

I

EL

I

I

I

B

I

I

I

Dir. 75/726

Dir. 79/168

Dir. 81/487

Dir. 89/394

19/11/76

19/11/78

01/07/83

14/06/90

**76/118/EEC** **: Council Directive of 18 December 1975 on the approximation of the laws of the**
**Member States relating to certain partly or wholly dehydrated preserved milk for human**
**consumption (OJ** **L** **24,** **30/01/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Council Dir. 78/630 (OJ L 206, 29/07/78)
Council Dir. 83/635 (OJ L 357, 21/12/83)

EL

1

1

1

E

1

NN

1

F

1

NN

1

IRL

1

NN

1

NL

1

1

1

P

1

NN

1

UK

1

NN

1

Comments

DK

1

NN

1

D

1

NN

1

1

1

NN

1

L

1

NN

1

B

I

NN

1

Dir. 76/118

Dir. 78/630

Dir. 83/635

22/12/76

01/01/86

D

1

EL

1

NL

1

E

1

F

1

IRL

1

1

1

P

1

UK

1

Comments

L

1

DK

1

| Dir. 76/621 01/01/77

B

1

**13.** **77/436/EEC : Council Directive of 27 June 1977 on the approximation of the laws of the Mem-**
**ber States relating to coffee extracts and chicory extracts (OJ L** **172,12/07/77)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Council Dir. 85/7 (OJ L 2, 03/01/85)
Council Dir. 85/573 (OJ L 372, 31/12/85)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary j

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

Dir. 77/436

Dir. 85/7

Dir. 85/573

**29/06/78**

**-**

**01/01/87**

**ANNEX2** **83**

Comments

**DK**

**NN**

**1**

UK

NN

1

D

NN

1

EL

NN

1

E

NN

1

F

NN

1

IRL

NN

1

NL

NN

1

P

NN

1

L

NN

1

1

NN

1

**B**

**NN**

**1**

**14.** **78/142/EEC** **: Council Directive of 30 January 1978 on the approximation of the laws of the**
**Member States relating to materials and articles which contain vinyl chloride monomer and**
**are intended to come into contact with foodstuffs (OJ** **L 44,15/02/78)**

Transposition

IRL

1

1

1

UK

1

Comments

L

1

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

NL

1

P

1

I Dir. 78/142 126/11/79

**B**

**I**

**15.** **767663/EEC** **: Council Decision of 25 July** **1978** **laying down specific criteria of purity for** **emul-**
**sifters,** **stabilizers, thickeners and gelling agents for use in foodstuffs (OJ** **L 223,14/08/78)**

**Amendments**

**Council Dir.** **82/504** **(OJ L 230, 05/08/82)**
**Commission Dir. 90/612 (OJ L 326,** **24/11/90)**
**Commission Dir.** **92/4** **(OJ L 55, 29/02/92)**

Transposition

**DK**

**1**

**1**

**1**

**1**

D

1

1

1

NN

F

1

1

1

1

IRL

1

1

1

IR

1

1

1

1

IR

L

1

1

1

IR

EL

1

1

1

IR

E

1

1

1

1

P

1

1

1

1

UK

1

1

1

Nl

Comments

NL

1

1

1

1

Dir. 767663

Dir. 82/504

Dir. 90/612

Dir. 92/4

**31/02/80**

**01/01/84**

**12/11/91**

**01/06/93**

**B**

**I**

**I**

**I**

**1**

**16.** **78/664/EEC** **: Council Directive of 25 July 1978 laying down specific criteria of purity for** **anti-**
**oxidants which may be used in foodstuffs intended for human consumption**
**(OJL** 223,14/08/78)

Amendments

Council Dir. 82/712 (OJ L 297, 23/10/82)

Transposition

DK

**I**

D

I

F

I

IRL

I

L

I

EL

I

E

I

I

I

UK

I

NL

I

P

I

Comments

B

**I**

Dir. 78/664

Dir. 82/712

**01/02/80**

**30/06/84**

**17.** **79/112/EEC** : Council Directive **of 18** December **1978 on theapproximation of the laws of the**
**Member** States relating **to the labelling,** presentation **and advertising of foodstuffs for sale to**
**the** ultimate consumer (OJ L 33, 08/02/79)

**Amendments**

**Accession Treaty / EL**
**Accession Treaty / E-P**

**Council Dir.** **85/7** **(OJ L 2, 03/01/85)**
**Council Dir. 86/197 (OJ L 144, 29/05/86)**

Transposition

**Council Dir.** **89/395** **(OJ L 186, 30/06/89)**
**Commission Dir.** **91/72** **(OJ L 42, 15/02/91)**
**Commission Dir.** **93/102** **(OJ L** **291,** **25/11/93)**

IRL

I

NN

I

**DK**

**I**

**NN**

**I**

D

I

NN

I

EL

I

NN

I

E

I

NN

I

F

I

NN

I

P

1

NN

1

UK

1

NN

1

I

I

NN

I

L

I

NN

I

NL

1

NN

1

Comments

**B**

**I**

**NN**

**I**

Dir. 79/112

Dir. 85/7

Dir. 867197

**22/12/80**

**-**

**01/05/88**

**11=** **measures** **notified;** **Nl= measures not Incorporated; D=** **derogation;** **IR=** **infringement proceedings** **underway;** **NN» no measures necessary**

**THE COMMUNITY INTERNAL MARKET** **-** **1993 REPORT**

84 ANNEX2

Dir. 89/395

Dir. 91/72

Dir. 93/102

20/12/90

28/11/93

1

1

1

Nl

1

1

1

Nl

I

I

1

Nl

I I

Nl Nl

1

1

1

Nl

1

1

1

1

**18.**

**19.**

20.

**79/796/EEC** **: First Commission Directive of 26 July 1979 laying down Community methods of**
**analysis for testing certain sugars intended for human consumption (OJ L 239, 22/09/79)**

Transposition

**79/581/EEC** **: Council Directive of 19 June** **1979** **on consumer protection in the indication of**
**the prices of foodstuffs (OJ L** **158,** 26/06/79)

Amendments

Council Dir. 88/315 (OJ L 142, 26/06/79)

Transposition

D

I

I

EL

1

1

DK

I

**I**

E

1

Nl

F

1

1

IRL

1

1

L

1

1

1

1

1

P

1

1

UK

1

1

NL

1

1

Comments

B

I

I

Dir. 79/581

Dir.88/315

22/06/81

07/06/90

**79/693/EEC : Council Directive of 24 July 1979 on the approximation of the laws of the Mem-**
**ber States relating to fruit jams, jellies and marmalades and chestnut** **purée**
**(OJL 205,** 13/08/79)

Amendments

Accession Treaty / E-P
Council Dir. 80/1276 (OJ L 375, 31/12/80)
Council Dir. 88/593 (OJ L 318, 25/11/88)

Transposition

D

1

NN

1

DK

**1**

NN

1

EL

1

NN

1

E

1

NN

1

F

1

NN

1

L

1

NN

1

IRL

1

NN

1

1

1

NN

1

NL

1

NN

1

P

1

NN

1

UK

1

NN

1

Comments

B

**1**

NN

1

Dir. 79/693

Dir. 80/1276

Dir. 88/593

27/07/81

31/12/89

**DK**

**I**

**D | EL**

**«** **I '**

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

I Dir. 79/796 130/01/81

**B**

**I**

**21.** **79/1066/EEC:** **First Commission Directive of 13 November 1979 laying down Community**
**methods of analysis for testing coffee extracts and chicory extracts** (OJ **L** 327, **24/12/79)**

Transposition

I L NL P UK Comments

| Dir. 79/1066 20/06/81

B DK D EL E F | IRL

I

**22.** **79/1067/EEC: First Commission Directive of 13 November 1979 laying down Community**
**methods of analysis for testing certain partly or wholly dehydrated preserved milk for human**
**consumption** (OJ L 327, 24/12/79)

Transposition

D

I

E

I

F

I

DK

I

EL

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

| Dir. 79/1067 20/06/81

B

I

I* measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN* no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX2** **85**

**23.** **80/590/EEC : Commission Directive of 9 June 1980 determining the symbol that may accom-**
**pany materials and articles intended to come into contact with foodstuffs (OJ L** **151,19/06/80)**

Amendments

Accession Treaty / E-P

Transposition

B DK EL IRL I NL UK Comments
I **Dir.** 80/590 101/01/81 | I | I | I | I | I | I | I | I | I | I | I

**24.** **80/766/EEC** **: Commission Directive of 8 July 1980 laying down the Community method of**
**analysis for the official control of the vinyl chloride monomer level in materials and articles**
**which are intended to** **come** **into contact with foodstuffs (OJ L** **213,16/08/80)**

Transposition

**D**

**I**

EL

I

E

I

**DK**

**I**

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

I Dir. 80/766 111/01/82

**B**

**I**

**25.** **80/777/EEC** **: Council Drective of 15 July** **1980** **on the approximation of the laws of the Member**
**States relating to the exploitation and marketing of natural mineral waters (OJ L** 229, 30/08/80)

Amendments

Accession Treaty / E-P
Council Dir. 80/1276 (OJ L 375, 31/12/80)
Council Dir. 85/7 (OJ L 2, 03/01/85)

Transposition

EL

I

NN

NN

DK

I

NN

NN

D

I

NN

NN

IRL

1

NN

NN

E

I

NN

NN

F

1

NN

NN

NL

1

NN

NN

1

1

NN

NN

P

1

NN

NN

L

1

NN

NN

UK

1

NN

NN

Comments

B

I

NN

NN

Dir. 80/777

Dir. 80/1276

Dir. 85/7

17/07/82

**26.**

**27.**

**80/891/EEC** **: Commission Directive of 25 July 1980 relating to the Community method of**
**analysis for determining the erucic acid content in oils and fats intended to be used as such**
**for human consumption and foodstuffs containing added oils or fats (OJ L 254,** 27/09/80)

Transposition

**80/778/EEC** **: Council Directive of 15 July** **1980** **relating to the quality of water intended for**
**human consumption (OJ L** 229, **30/08/80)**

Transposition

**D**

**I**

**DK**

**I**

EL

I

E

I

F

I

IRL

I

I

I

L | NL | P | UK

« I | I | I

Comments
B: partial transposition

Dir. 80/778 17/07/82

**B**

**Nl**

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

IRL

1

1

1

NL

1

Comments

L

1

P

1

UK

1

| Dir. 80/891 01/12/82

**B**

**1**

**28.** **81/432/EEC** **: Commission Directive of 29 April 1981 laying down the Community method of**
**analysis for the official control of vinyl chloride released by materials and articles into food-**
**stuffs** (OJ L 167, 24/06/81)

Transposition

EL

I

E

I

DK

I

IRL

I

L

I

NL

I

D

**I**

F

I

I

I

P

I

UK

I

Comments

| Dir. 81/432 01/10/82

B

**I**

[ **l=** measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**66** ANNEX2

**29.** **81/712/EEC** **: First** **Commission** **Directive of 28 July** **1981** **laying down Community methods of**
**analysis for verifying that certain additives used in foodstuffs satisfy criteria of purity**

**(OJL 257,10/09/81)**

Transposition

E

I

F

I

IRL

I

**DK**

**I**

**D**

**I**

EL

I

I

I

L

I

UK

I

NL

I

P

I

Comments

I Dir. 81/712 120/02/83

**B**

**I**

**30.**

**31.**

**83/417/EEC** **: Council Directive of 25 July 1983 on the approximation of the laws of the Mem-**
**ber States relating to certain lactoproteins (caseins and caseinates) intended for human**
**consumption (OJ L** **237,** **26/08/83)**

**Amendments**

**Accession Treaty / E-P**

Transposition

**82/711/EEC** **: Council Directive of 18 October 1982 laying down the basic rules necessary for**
**testing migration of the constituents of plastic** **materials** **and articles intended to come into**
**contact with foodstuffs (OJ L 297,** **23/10/82)**

**Implementation**

**Council Dir.** **85/572** **(OJ L** **372,** **31/12/85)**
**Commission Dir. 93/8** **(OJ L 90,14/04/93)**

**Transposition**

DK

**I**

**I**

D

I

I

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

L

1

1

NL

1

1

UK

1

1

Comments

01/01/91 : free movement
clause-01/01/93: full
application

P

Nl

1

Dir. 82/711

Dir. 85/572

Dir. 93/8

**-**

**01/01/91**

**01/04/94**

B

**I**

**I**

**DK**

**I**

F

I

**D I EL**

**I j I**

E

I

I

I

L

I

IRL

I

NL

I

P

I

UK

I

Comments

| Dir. 83/417 101/08/85

**B**

**I**

**32.** **83/463/EEC : Commission Directive of 22 July 1983 introducing temporary measures for the**
**designation of certain ingredients in the labelling of foodstuffs for sale to the ultimate**
**consumer (OJ L** **255,15/09/83)**

Transposition

**DK**

**Nl**

EL

I

**D**

**I**

E

I

F

I

IRL

I

I

I

L

I

P

I

UK

I

NL

I

Comments

I Dir. 83/463 01/07/84

**B**

**I**

**33.** **84/500/EEC : Council Directive of 15 October** **1984** **on the approximation of the laws of the**
**Member States relating to ceramic articles intended to come into contact with foodstuffs**
**(OJL** **277, 20/10/84)**

Transposition

**DK**

**I**

EL

I

I

I

**D**

**I**

E

I

F

I

IRL

I

L

I

P

I

NL

I

UK

I

Comments

I Dir. 84/500 117/10/87

**B**

**I**

**34.** **85/503/EEC : First Commission Directive of 25 October** **1985** **on methods of analysis for edible**
**caseins and caseinates (OJ L 308,** **20/11/85)**

Transposition

**DK**

**I**

**D**

**I**

E

I

IRL

I

I

I

P

I

UK

I

EL

I

F

I

NL

I

L

I

Comments

| Dir. 85/503 01/05/87

**B**

**I**

I* measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**35.**

**36.**

**37.**

**38.**

**39.**

ANNEX2 87

**85/572/EEC** **: Council Directive of 19 December 1985 laying down the list of simulants to be**
**used for testing migration of constituents of plastic materials and articles intended to** **come**
**into contact with foodstuffs (OJ** **L** **372,** **31/12/85)**

Transposition

**87/524/EEC :** **First Commission Directive of 6 October 1987 laying down Community methods**
**of sampling for chemical analysis for the monitoring of preserved milk products (OJ L 243,**
**13/12/86)**

Transposition

E

1

F

1

DK

1

D

1

EL

1

IRL

1

1

1

Comments

01/01/91 : free movement
clause-01/01/93: fufl
application

NL

1

UK

1

L

1

P

1

Dir. 85/572 01/01/91

B

1

**85/591/EEC** **: Council Directive of 20 December 1985 concerning the introduction of Commu-**
**nity methods of sampling and analysis for the monitoring of foodstuffs intended for human**
**consumption (OJ** **L** **372,** **31/12/85)**

Transposition

F

1

NL

1

DK

I

D

I

EL

I

E

I

1

1

L

1

IRL

1

UK

1

Comments |
i

P

1

I Dir. 85/591 123/12/87

B

I

**86/424/EEC** **: First Commission Directive of 15 July** **1986** **laying down methods of sampling**
**for** **chemical** **analysis of edible caseins and caseinates (OJ** **L 243,13/12/86)**

Transposition

D

1

E

1

DK

1

EL

1

F

1

IRL

1

1 1 L

1 | 1

NL

1

P

1

UK

1

Comments

I Dir. 86/424 115/01/88

B

1

**87/250/EEC** **: Commission Directive of 15 April 1987 on the indication of alcoholic strength by**
**volume in the labelling of alcoholic beverages for sale to the** **ultimate.consumer**
**(OJL** **113,** **30/04/87)**

Transposition

DK

I

D

I

EL

I

E

I

IRL

I

F

I

I

I

L

I

NL

I

P

I

UK

I

Comments

I Dir. 87/250 101/05/88

B

I

DK

1

D

1

EL

1

E

1

IRL

1

L

1

F

1

1

1

NL

1

P

1

UK

1

Comments

I Dir. 87/524 106/04/89

B

1

**40.** **88/344/EEC** **: Council Directive of 13 June** **1988** **on the approximation of the laws of the Mem-**
**ber States on extraction solvents used in the production of foodstuffs and food ingredients**
**(OJL** **157, 24/06/88)**

Amendments

Council Dir. 92/115 (OJ L 409, 31/12/92)

Transposition

D

1

IR

EL

1

1

DK

1

1

E

1

IR

F

1

1

IRL

1

IR

L

1

1

1

1

IR

"P~|

1

IR

NL

1

1

Comments

UK

1

1

B

1

1

Dir. 88/344

Dir. 92/115

13/06/91

01/07/93

I _\-_ measures notified; Nl= measures not incorporated; D= derogation; IRs infringement proceedings underway, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

88 ANNEX 2

**41.**

**42.**

**88/389/EEC : Council Decision of 22 June 1988 on the establishment, by the Commission, of**
**an inventory of the source materials and substances used in the preparation of flavourings**
**(OJL 184,15/07/88)**

**88/388/EEC : Council Directive of 22 June** **1988** **on the approximation of the laws of the Mem-**
**ber States relating to flavourings for use in foodstuffs and to source materials for their pro-**
**duction (OJ L** **184,** **15/07/88)**

Amendments

Commission Dir. 91/71 (OJ L 42, 15/02/91)

Transposition

DK

1

1

EL

1

1

D

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

L

1

1

NL

1

1

P

1

1

UK

1

1

Comments

30/06/92: free movement
clause - 01/01/94: full
application

B

I

1

Dir. 88/388

Dir. 91/71

21/12/89

30/06/92

**43.** **89/107/EEC** **: Council Directive of** **21** **December** **1988** **on the approximation of the laws of the**
**Member States concerning food additives authorized for use in foodstuffs intended for**
**human consumption (OJ** **L 40,11/02/89)**

Transposition

D

I

DK

I

EL

I

E

1

F

1

IRL

1

1

1

NL

1

L

1

P

1

UK

1

/ Comments

Dir. 89/107 28/06/90

B

I

**44.** **89/108/EEC** **: Council Directive of** **21** **December** **1988** **on the approximation of the laws of the**
**Member States relating to quick-frozen foodstuffs for human consumption (OJ** **L 40,11/02/89)**

Implementation

Commission Dir. 92/1 (OJ L 34, 11/02/92)
Commission Dir. 92/2 (OJ L 34, 11/02/92)

Transposition

E

I

I

I

DK

I

I

I

D

I

Nl

Nl

EL

I

I

I

F

I

Nl

Nl

IRL

I

Nl

Nl

I

I

Nl

Nl

L

I

I

I

NL

I

I

I

P

1

Nl

Nl

UK

1

Nl

Nl

Comments

B

I

I

I

Dir. 89/108

Dir. 92/1

Dir. 92/2

10/07/90

31/07/93

31/07/93

**45.** **89/109/EEC** **: Council Directive of** **21** **December 1988 on the approximation of the laws of the**
**Member States relating to materials and articles intended to come into contact with food-**
**stuffs (OJ** **L** **40,** **11/02/89)**

Transposition

DK

I

EL

I

F

I

D

I

E

I

IRL

I

I

I

L

I

P

I

NL

I

UK

I

Comments

| Dir. 89/109 10/07/90

B

I

**46.** **89/396/EEC : Council Directive of 14 June 1989 on indications or marks identifying the lot to**
**which a foodstuff belongs (OJ L** **186,** **30/06/89)**

Amendments

Council Dir. 91/238 (OJ L 107, 27/04/91)
Council Dir. 92/11 (OJ L 65, 11/03/92)

I* measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

ANNEX2 89

B I DK D I E U E l F IRL | Ï L 1 NL P UK Comments

**Dir.** 89/396

Dir. 91/238

Dir. 92/11

20/06/90 I I EL: transposition partielle
20/06/90 NI Nl

01/07/92

47.

**89/397/EEC** **: Council Directive of 14 June 1989 on the official control of foodstuffs**
**(OJL** **186,** **30/06/89)**

Transposition

**I** **Dir. 89/397** j 20/06/90

B DK EL IRL NL UK Comments
**I** **I** **I**

**48.** **89/398/EEC** **: Council Directive of 3 May** **1989** **on the approximation of the laws of the Member**
**States relating to foodstuffs intended for particular nutritional uses (OJ L** **186,** **30/06/89)**

Transposition

Comments
**UK'** partial transposition
**O6/05/90:** **free** movement
**clause** **-16/05/91:** **full**
application

**Dir. 89/398** 16/05/90

DK EL IRL NL UK
**Nl**

**49.** **90/128/EEC** **: Commission Directive of 23 February** **1990** **relating to plastics materials and**
**articles intended to come into contact with foodstuffs (OJ L 75,** 21/03/90)

Amendments

Commission Dir. 92/39 (OJ L 168, 23/06/92)
Commission Dir. 93/9 (OJ L 90, 14/4/93)

Transposition

NL

1

1

D

1

IR

EL

1

1

E

I

1

F

1

1

IRL

1

1

1

1

1

P

1

1

UK

1

1

L

1

Nl

Comments

B

**I**

1

1

DK

**1**

**1**

Dir. 90/128

Dir. 92/39

Dir. 93/9

31/12/90

31/12/92

01/01/96

**50.**

**90/496/EEC : Council Directive of 24 September 1990 on nutrition labelling for foodstuffs**
**(OJL** **276, 06/10/90)**

Transposition

IRL

Nl

**DK**

**I**

**D**

**IR**

EL I E

1 j 1

F

1

1

1

NL

1

P

1

L

1

UK

Nl

Comments

| Dir. 90/496 01/04/92

**B**

**I**

**51.** **91/321/EEC : Commission directive of 14 May 1991 on infant formulae and follow-on fonnulae**
**(OJL** **175,** 04/07/91)

Transposition

DK

I

D

IR

EL

I

E

I

F

IR

IRL

I

I

IR

L

IR

NL

I

P

I

UK

I

Comments

I Dir. 91/321 01/12/92

B

**I**

**l«=** measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**90** **ANNEX2**

**52.** **2092/91** **(EEC) : Council Regulation of 24 June 1991 on organic production of agricultural**
**products and indications referring thereto on agricultural products and foodstuffs**
(OJL **198,** 22/07/91)

Amendments

Commission Reg. 1535/92 (OJ L 162, 16/06/92)
Council Reg. 2083/92 (OJ L 208, 24/07/92)
Commission Reg. 3713/92 (OJ L 25, 02702793)

Implementation

Commission Reg. 94/92 (OJ L 11, 17/01/92)
Commission Reg. 3457/92 (OJ L 350, 01/12/92)
Commission Reg. 207/93 (OJ L 25, 02/02/93)

**53.** **92/52/EEC** **: Council Directive of 18 June** **1992** **on infant** **fonnulae** **and** **follow-on** **fonnulae**
**intended for export to third countries (OJ** **L179,** **01/07/92)**

Transposition

B DK EL IRL NL UK Comments

**Dir. 92/52** 01/06/94

**54.** **93/5/EEC : Council Directive of 25 February 1993 on assistance to the Commission and coop-**
**eration by the Member States in the scientific examination of questions relating to food**
**(OJ** L 52, 04/03/93)

Transposition

EL

1

E

IR

1

IR

DK

1

D

1

F

1

IRL

NN

NL

1

P

IR

UK

1

L

IR

Comments

I Dir. 93/5 101/06/93

B

IR

55. **93/10/EEC** **: Commission Directive of 15 March** **1993** **relating to materials and articles made of**
**regenerated cellulose film intended to come into contact with foodstuffs (OJ L** **93,17/04/93)**

Transposition

B DK EL IRL **NL** UK Comments

**Dir. 93/10** 01/01/95

**56.** **93/99/EEC : Council Directive of 29 October 1993** **relative à des mesures additionnelles**
**concernant le contrôle officiel des denrées alimentaires (OJ L 290,** **24/11/93)**

Transposition

Dir. 93/99 101/05/95

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

_m-_

Comments

. 

**2.1.2.2.** Spirit drinks

**1.** **1576/89 (EEC) : Council Regulation of 29 May 1989 laying down general rules on the defini-**
**tion,** **description and presentation of spirit drinks (OJ L** **160,12/06/89)**

Amendments Implementation

Council Reg. 3280/92 (OJ L 237, 13.11.92) Commission Reg. 1014/90 (OJ L 105, 25/04/90)

**2.** **3773/89 (EEC) : Commission Regulation of 14 December 1989 laying down transitional meas-**
**ures relating to spirituous beverages (OJ L** 365, **15/12/89)**

Amendments

Commission Reg. 1758/90 (OJ L 162, 28/06/90)
Commission Reg. 3207/90 (OJ L 307, 07/11/90)
Commission Reg. 3750/90 (OJ L 360, 22/12/90)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

ANNEX2 91

**1014/90** **(EEC) : Commission Regulation of 24 April** **1990** **laying down detailed implementing**
**rules on the definition, description and presentation of spirit drinks (OJ L** **105,** **25/04/90)**

Amendments

Commission Reg. 1180/91 (OJ L 115, 08/05/91)
Commission Reg. 1781/91 (OJ L 160, 25/06/91)

**1601/91 (EEC) : Council Regulation of 10 June 1991 laying down general rules on the defini-**
**tion,** **description and presentation of aromatized wines, aromatized wine-based drinks and**
**aromatized** **wine-product** **cocktails (OJ L** **149,14/06/91)**

**2.1.3.** **Mechanical and electronical** **engineering** **- Pressure vessels**
**Medical appliances and metrology**

**2X3-1*** Lifting and mechanical handling appliances

**1.** **73/361/EEC** **: Council Directive of 19 November 1973 on the approximation of the laws, regula-**
**tions and administrative provisions of the Member States relating to the certification and**
**marking of** **wire-ropes,** **chains and hooks (OJ L 335, 05/12/73)**

Amendments

Accession Treaty / **EL**
Accession Treaty / E-P
Council Dir. 91/368 (OJ L 198, 22/07/91)

Transposition

Adaptation to technical progress

Commission Dir. 76/434 (OJ L 122, 08/05/76)

DK

I

**I**

D

I

I

EL

I

I

F

I

I

L

I

I

E

I

I

IRL

I

I

I

I

I

Comments
repealed in part by Dir.
92/368
repealed by Dir. 91/368
as from 31/12/94

NL

I

I

P

I

I

UK

I

I

B

**I**

**I**

Dir. 73/361

Dir. 76/434

Dir. 91/368

22/05/75

13/01/77

01/01/92

**84/528/EEC** **: Council Directive of 17 September** **1984** **on the approximation of the laws of the**
**Member States relating to common provisions for lifting and mechanical handling appliances**
**(OJL** 300, 19/11/84)

Amendments

Accession Treaty / E-P
Council Dir. 87/354 (OJ L 92, 11/07/87)
Council Dir. 88/665 (OJ L 382, 31/12/88)

Transposition

D

I

I

NN

DK

**I**

**I**

NN

EL

I

I

NN

F

I

I

NN

IRL

I

I

NN

E

I

I

NN

L

I

I

NN

I

I

I

NN

NL

I

I

NN

P

I

I

I

UK

I

I

NN

Comments

B

I

I

NN

Dir. 84/528

Dir. 87/354

Dir. 88/665

26/09/86

31/12/87

**84/529/EEC : Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to electrically operated lifts (OJ L** 300, **19/11/84)**

Amendments

Council Dir. 90/486 (OJ L 270, 02/10/90)

Adaptation to technical progress

Commission Dir. 86/312 (OJ L 196, 18/07/86)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

92 ANNEX2

Transposition

D

1

1

1

EL

1

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

1

1

1

IR

UK

1

1

1

Comments

DK

1

1

1

P

1

1

1

L

1

1

1

NL

1

1

1

Dir. 84/529

Dir. 86/312

Dir. 90/486

26/09/86

27/09/86

24/03/91

B

1

1

1

**4.** **86/663/EEC** : **Council Directive of 22 December 1986 on the approximation of the laws of the**
Member States relating **to** **self-propelled** **industrial trucks** (OJ L 384, 31/12/86)

Repeal

Council Dir. 91/368 (OJ L 198, 22/07/91)

Transposition

Adaptation to technical progress

Commission Dir. 89/240 (OJ L 100, 12/04/89)

DK

1

1

D

1

1

EL

1

1

E

1

1

IRL

1

1

1

1

1

L

1

1

P

1

1

UK

1

1

F

1

1

NL

1

1

B

1

1

Comments

repealed by Dir. 91/368
as from 31/12/95

Dir. 86/663

Dir. 89/240

Dir. 91/368

01/01/89

01/01/89

01/01/92

2*13.2. Household appliances

**79/530/EEC : Council Directive of 14 May 1979 on the indication by labelling of the energy**
**consumption of household appliances (OJ L** **145,13/06/79)**

**Transposition**

DK

1

D

1

E

NN

EL

NN

IRL

NN

F

1

1

1

NL

1

P

1

UK

NN

L

NN

Comments

repealed by Dir. 92/75 as
from 01/01/94

Dir. 79/530 18/05/81

B

1

**79/531** **/EEC : Council Directive of 14 May** **1979** **applying to electric ovens Directive 79/530/EEC**
**on the indication by labelling of the energy consumption of household appliances**

(OJL **145,** 13/06/79)

Amendments

Accession Treaty / E-P

Transposition

Dir. 79/531 18/05/81

B

I

DK

I

D

I

E

NN

IRL

NN

EL

NN

F

I

I

I

L

NN

NL

I

UK

NN

P

I

Comments

**3.**

**86/594/EEC : Council Directive of 1 December 1986 on airborne noise emitted by household**
appliances (OJ L 344, 06/12/86)

Transposition

DK

1

D

1

EL

1

F

1

E

1

IRL

NN

1

1

L

1

NL

Nl

UK

1

P

1

Comments

NL: partial transposition

Dir. 86/594 04/12/89

B

NN

**92/75/EEC** : **Council Directive of 22 September 1992 on the indication by labelling and stan-**
**dard product information of the consumption of energy and other resources by household**
appliances (OJ L 297, 13/10/92)

Transposition

DK

IR

D

IR

UK

IR

EL

IR

E

IR

F

IR

IRL

IR

NL

I

P

IR

L

IR

I

IR

Comments

repeals Dir. 79/530 as
from 01/01/94

Dir. 92/75 01/07/93

B

IR

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX 2** **93**

2.1,3*3. Gas appliances

**1.** **78/170/EEC** **: Council Directive of 13 February 1978 on the performance of heat generators for**
**space heating and the production of hot water in new or existing** **non-industrial** **buildings**
**and on the insulation of heat and domestic** **hot-water** **distribution in new** **non-industrial**
**buildings (OJ L** **52,** **23/02/78)**

**Amendments**

**Council Dir.** **82/885** **(OJ L 378, 31/12/82)**

**Transposition**

UK

1

1

Comments

NL

1

1

P

1

1

L

1

1

DK

**I**

**1**

D

1

1

EL

1

1

F

1

1

IRL

1

1

1

1

1

E

1

1

B

**I**

**I**

Dir. 78/170

Dir. 82/885

**01/07/80**

**18/06/84**

**90/396/EEC** **: Council Directive of 29 June 1990 on the approximation of the laws of the Mem-**
**ber** **States** **relating to appliances burning gaseous fuels (OJ** **L196,** **26/07/90)**

**Amendments**

**Council Dir.** **93/68** **(OJ L 220, 30/08/93)**

**Transposition**

DK

**1**

D

1

EL

1

E

1

IRL

1

1

1

NL

1

P

1

UK

1

Comments

L

1

F

1

B

**I**

Dir. 90/396

Dir. 93/68

**01/07/91**

**01/06/94**

**92/42EEC** **: Council Directive of 21 May 1992 on efficiency requirements for new hot-water**
**boilers fired with liquid or gaseous fuels (OJ** **L167,22/06/92)**

Transposition

E

IR

IRL

IR

L
IR

UK

IR

Comments

EL

IR

F

IR

I

IR

P

IR

**D**

**IR**

NL

1

Dir. 92/42 101/01/93

**B**

**IR**

**DK**

**IR**

Z1.3A Construction ptant and equipment

**1.** **79/113/EEC** **: Council Directive of 19 December 1978 on the approximation of the laws of the**
**Member States relating to the determination of** **thé** **noise emission of construction plant and**
**equipment (OJ L** **33,** **08/02/79)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Council Dir. 81/1051 (OJ L 376, 30/12/81)

Transposition

Adaptation to technical progress

Commission Dir. 85/405 (OJ L 233, 30/08/85)

DK

I

I

I

D

I

I

I

EL

I

I

I

L

I

I

I

UK

NN

NN

NN

E

I

I

I

F

I

I

I

IRL

I

I

I

I

Nl

Nl

Nl

NL

I

I

I

P

I

I

I

Comments

B

I

I

I

Dir. 79/113

Dir. 81/1051

Dir. 85/405

23/06/80

14/06/83

26/03/86

**2.** **84/532/EEC** **: Council Directive of** **17** **September 1984 on the approximation of the laws of the**
**Member States relating to common provisions for construction plant and equipment**
**(OJL** **300, 19/11/84)**

Amendments

Accession Treaty / E-P

Council Dir. 88/665 (OJ L 382, 31/12/88)

I» measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

**94** ANNEX2

Transposition

I

**w**

EL

NN

**IRL**

NN [NN ] NN

NL

I
**W**

**UK**

**I**

**NN**

**Comments**

**_F_**

i

NN

**Dir. 84/532**

**Dir. 88/665**

26/03/86

NN

DK

NN NN

**84/533/EEC** **: Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to the permissible sound power level of compressors**

**(OJL 300,19/11/84)**

Adaptation to technical progress

Commission Dir. 85/406 (OJ L 233, 30/08/85)

Transposition

Comments

D

1

1

E

1

1

DK

1

1

EL

1

1

IRL

1

1

L

1

1

F

1

1

1

Nl

Nl

P

1

1

NL

1

1

UK

1

1

Dir. 84/533

Dir. 85/406

26/03/86

26/03/86

B

I

I

**84/534/EEC : Council Directive of 17 September** **1984** **on the approximation of the laws of the**
**Member States relating to the permissible sound power level of tower cranes**
**(OJL** **300, 19/11/84)**

Adaptation to technical progress

Commission Dir. 85/405 (OJ L 220, 08/08/87)

Transposition

E

I

I

DK

I

I

D

I

I

EL

I

I

IRL

1

1

F

1

1

L

1

1

1

Nl

1

NL

1

1

P

1

1

UK

1

1

Comments

B

I

I

Dir. 84/534

Dir. 87/405

26/03/86

26/03/86

**84/535/EEC : Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to the permissible sound power level of welding generators**

**(OJL** **300, 19/11/84)**

Adaptation to technical progress

Commission Dir. 85/407 (OJ L 220, 08/08/87)

Transposition

Dir. 84/535 26/03/86

Dir. 85/407 26/03/86

B

I

I

DK

I

I

D

I

I

EL

I

I

E

I

_\_

IRL

I

I

F

I

I

I

Nl

Nl

L

I

I

NL

I

I

P

1

1

UK

1

1

Comments

**84/536/EEC : Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to the permissible sound power level of power generators**

**(OJL** 300, **19/11/84)**

Adaptation to technical progress

Commission Dir. 85/408 (OJ L 220, 08/08/87)

Transposition

Dir. 84/536

Dir. 85/408

26/03/86

26/03/86

D

I

I

DK

I

I

EL

I

I

E

I

I

F

I

I

IRL

I

I

I

Nl

Ni

L

I

1

NL

1

1

P

1

1

UK

1

1

Comments

B

I

I

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX2** **85**

**7.** **84/537/EEC** **: Council Directive 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** (OJ **L** 300, **19/11/84)**

Adaptation to technical progress

Commission Dir. 85/409 (OJ L 220, 08/08/87)

Transposition

P

1

1

UK

1

1

Comments
NL : partial transposition
NL : partial transposition

DK

1

**1**

D

1

1

EL

1

1

E

1

1

F

1

1

1

Nl

Nl

NL

Nl

Nl

L

1

1

IRL

1

1

B

1

**1**

Dir. 84/537

Dir. 857409

26703/86

26703/86

**86/2957EEC : Council Directive of 26 May** **1986** **on the approximation of the laws of the** **Mem-**
**ber States relating to** **roll-over** **protective structures (ROPS) for certain construction plant**
(OJ **L** **186.** 08/07/86)

Repeal

Council Dir. 91/368 (OJ L 198, 22/07/91)

Transposition

E

1

1

UK

1

1

DK

I

**I**

D

I

1

F

1

1

IRL

1

1

NL

1

1

P

1

IR

Comments
repealed by Dir. 91/368
as from 31/12/95

L

1

1

EL

1

1

1

1

IR

B

I

**I**

Dir. 867295

Dir. 91/368

30/05790

01/01/92

**86/296/EEC** **: Council Directive of 26 May 1986 on the approximation of the laws of the Mem-**
**ber States relating to** **falling-object** **protective structures (FOPS) for certain construction plant**
**(OJL** **186,** 08/07/86)

Repeal

Council Dir. 91/368 (OJ L 198, 22/07/91)

Transposition

DK

1

1

D

1

1

E

1

1

UK

1

1

L

1

1

EL

1

1

F

1

1

IRL

1

1

1

1

IR

NL

1

1

P

1

IR

Comments
repealed by Dir. 91/368
as from 31/12/95

B

1

**1**

Dir. 86/296

Dir. 91/368

02/06/90

01/01/92

**10.** **86/662/EEC** **: Council Directive of** 22 **December 1986 on the limitation of noise emitted by**
**hydraulic excavators,** **rope-operated** **excavators, dozers, loaders and excavator-loaders**
**(OJL384,** 31/12/86)

Adaptation to technical progress

Commission Dir. 89/514 (OJ L 253, 30708/89)

Transposition

DK

I

1

D

I

I

EL

I

I

E

I

I

F

I

I

IRL

I

I

I

I

I

L

I

I

NL

I

I

P

I

I

UK

1

1

Comments

B: partial transposition

B

I

Nl

Dir. 86/662

Dir. 89/514

30/12/88

01/01/90

2.1.3,5, ' Machinery

**1.** **89/392/EEC** **: Council Directive of 14 June** **1989** **on the approximation of the laws of the Mem-**
**ber States relating to machinery** (OJ L **183,** 29/06/89)

Amendments

Council Dir. 91/368 (OJ L 198, 22/07/91)
Council Dir. 93/44 (OJ L 175, 19/07/93)
Council Dir. 93/68 (OJ L 220, 30/08/93)

_**\-**_ **measures** **notified;** **Nl=** **measures not** **incorporated;** **D=** **derogation;** **IR= infringement proceedings under** **way,** **NN=** **no measures necessary**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**96** ANNEX2

Transposition

Dir. 89/392 01/01/92

Dir. 91/368 01/01/92

D

1

1

EL

1

1

F

1

1

B

1

1

DK

1

1

E

1

1

IRL

1

1

1

IR

IR

P

IR

IR

UK

1

1

Comments

repeals Dirs 73/361 (Arts
2 and 3) and 76/434 as
from 31/12/94; Dire
86/295,86/296 and
86/683 as from 31/12/95

L

1

1

NL

1

1

Dir. 93/44

Dir. 93/68

01/07/94

01/07/94

2.13.6. Other machinery

**1.** **84/538/EEC** **: Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to the permissible sound power level of lawnmowers**
**(OJL 300,19/11/84)**

Amendments Adaptation to technical progress

Council **Dir.** **88/1** 80 (OJ L 81, 26/03/88) Commission Dir. 87/252 (OJ L 117, 05/05/87)
Council **Dir. 88/181** (OJ L **81,** 26/03/88)

DK

I

I

I

I

D

I

I

I

I

EL

I

I

I

I

E

I

I

J

I

F

1

1

1

IR

IRL

1

1

1

1

L

1

1

1

1

1

Nl

1

1

1

NL

1

1

1

1

P

1

1

1

1

UK

1

1

1

1

Comments

B

I

I

I

I

Dir. 847538

Dir. 87/252

Dir. 88/180

Dir. 88/181

2.1.3/7.

01/07/87

01/01/88

01/07/91

01/07/91

**1.** **75/324/EEC : Council Directive of 20 May 1975 on the approximation of the laws of the Mem-**
**ber States relating to aerosol dispensers (OJ L 147,** **09/06/75)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

DKl D

I j I

EL

I

E

I

F

I

IRL

I

L

I

I

I

NL

I

P

I

UK

I

Comments

I Dir. 75/324 21/11/76

B

I

**76/767/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to common provisions for pressure vessels and methods for inspecting**
**them (OJ** **L** **262,** **27/09/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Council Dir. 87/354 (OJ L 92, 11/07/87)
Council Dir. 88/665 (OJ L 382, 31/12/88)

DK

I

I

NN

D

I

1

NN

E

1

1

NN

F

1

1

NN

IRL

1

1

NN

EL

1

1

NN

1

1

1

NN

NL

1

1

NN

P

1

1

1

UK

1

1

NN

L

1

1

NN

Comments

B

I

I

NN

Dir. 76/767

Dir. 87/354

Dir. 88/665

30/01/78

31/12/87

1= measures notified; Nl* measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**(15**

**3.**

**4.**

## **I**

**ANNEX2** **97**

**84/525/EEC** **: Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to seamless, steel gas cylinders (OJ L** **300,19/11/84)**

Transposition

Comments

**DK**

**1**

**D**

**1**

EL

1

E

1

IRL

1

F

1

UK

1

1

1

L

1

NL

1

P

1

Comments

| Dir. 84/525 126/03/86

**B**

**1**

**847526/EEC : Council Directive of 17 September** **1984** **on the approximation of the laws of the**
**Member States relating to seamless, unalloyed aluminium and aluminium alloy gas cylinders**
**(OJL 300,19/11/84)**

Transposition

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

IRL

1

1

1

NL

1

L

1

P

1

UK

1

I Dir. 847526 126/03/86

**B**

**1**

**84/527/EEC** **: Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to welded unalloyed steel gas cylinders (OJ L** **300,19/11/84)**

Transoosition

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

IRL

1

1

1

NL

1

L

1

P

1

UK

1

Comments

I Dir. 84/527 126/03/86

**B**

**1**

**87/404/EEC** **: Council Directive of 25 June 1987 on the harmonization of the laws of the Mem-**
**ber States relating to simple pressure vessels (OJ L 220, 08/08/87)**

**Amendments**

**Council Dir. 90/488 (OJ** **L** **270,** **02/10/90)**
**Council Dir. 93/68 (OJ** **L** **220,** **30/08/93)**

**Transposition**

DK

**1**

**1**

D

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

L

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

**I**

**I**

Dir. 87/404

Dir. 90/488

Dir. 93/68

**01/01/90**

**01/07/91**

**01/07/94**

2.1*3.8, Measuring instruments

**1.** **71/316/EEC** **: Council Directive of 26 July 1971 on the approximation of the laws of the Mem-**
**ber States relating to common provisions for both measuring instruments and methods of**
**metrological** **control** (OJ L 202, 06/09/71)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P

Council Dir. 72/427 (OJ L 291, 28/12/72)
Council Dec. 73/101 (OJ L 2, 01/01/73)

Transposition

Council Dir. 83/575 (OJ L 332, 28/11/83)
Council Dir. 87/354 (OJ L 192, 11/07/87)
Council Dir. 87/355 (OJ L 192, 11/07/87)
Council Dir. 88/665 (OJ L 382, 31/12/88)

D

1

1

1

1

NN

EL

1

1

1

1

NN

DK

I

NN

I

I

NN

E

1

1

1

1

NN

F

1

1

1

1

NN

IRL

1

1

1

1

NN

NL

1

1

1

1

NN

L

1

1

1

1

NN

1

1

1

1

1

NN

P

1

1

1

1

1

UK

1

1

1

1

NN

Comments

B

I

I

I

I

NN

Dir. 71/316

Dir. 72/427

Dir. 83/575

Dir. 87/354

Dir. 87/355

Dir. 88/665

30/01/73

01/01/85

31/12/87

31/12/87

I [s] measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**sa** ANNEX2

**71/317/EEC** **: Council Directive of 26 July 1971 on the approximation of the laws of the Mem-**
**ber States relating to 5 to 50 kilogramme medium accuracy rectangular bar weights and 1 to**
**10 kilogramme medium accuracy** **cylindrical** **weights (OJ L** 202, **06/09/71)**

Amendments

Accession Treaty / DK-IRL-UK

Transposition

B DK EL IRL NL UK Comments
**Dir. 71/317** 130/01/73 I **I** **I** | **I** | **l ~** **I** | **I** | **I** | **I** **I** | I **I**

**71/318/EEC** **: Council Directive of 26 July 1971 on the approximation of the laws of the Mem-**
**ber States relating to gas volume meters (OJ L 202,** 06/09/71)

Amendments

**Accession** Treaty / DK-IRL-UK

Transposition

Adaptation to technical progress

Commission **Dir.** **74/331** **(OJ L** **189,12/07/74)**
Commission Dir. 787365 **(OJ L 104,** **18/04/78)**
Commission Dir. 82/623 (OJ L 252, 27/08/82)

DK

**1**

**1**

**1**

**1**

D

1

1

1

1

E

1

1

1

1

IRL

1

1

1

1

EL

1

1

1

1

F

1

1

1

1

L

I

1

1

1

NL

1

1

1

1

P

1

1

1

1

UK

1

1

1

1

Comments

B

**I**

**I**

I

1

Dir. 71/318

Dir. 74/331

Dir. 78/365

Dir. 82/623

30/01/73

20/06/75

12/04/79

01/05/83

**71/319/EEC** **: Council Directive of 26 July 1971 on the approximation of the laws of the Mem-**
**ber States relating to meters for liquids other than water (OJ** L 202, 06/09/71)

Amendments

Accession Treaty / DK-IRL-UK

Transposition

DK

**I**

D

**1**

EL

1

F

1

IRL

1

1

1

L

1

E

1

NL

1

P

1

UK

1

Comments

| Dir. 71/319 130/01/73

B

I

**71/347/EEC** **: Council Directive of 12 October 1971 on the approximation of the laws of the**
**Member States relating to the measuring of the standard mass per storage volume of grain**
**(OJL** 239, 25/10/71)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL

TransDosition

Accession Treaty / E-P
Council Dec. 73/101 (OJ L 2, 01/01/73)

DK

I

D

**I**

EL

I

F

I

E

I

IRL | I

I I «

L

I

NL

I

P

I

UK

I

Comments

I Dir. 71/347 115/04/73

B

**I**

**71/348/EEC : Council Directive of 12 October 1971 on the approximation of the laws of the**
**Member States relating to ancillary equipment for meters for liquids other than water**
**(OJL** 239, 25/10/71)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL

Accession Treaty / E-P
Council Dec. 73/101 (OJ L 2, 01/01/73)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

I Dir. 71/348 115/04/73

EL

1

E

1

D

1

B

1

DK

1

F

1

IRL

1

UK

1

ANNEX2

Comments

P

1

1

1

NL

1

L

1

**71/349/EEC** **: Council Directive of 12 October** **1971** **on the approximation of the laws of the**
**Member States relating to the calibration of the tanks of** **vessels** **(OJ** **L** **239,** **25/10/71)**

Amendments

Accession Treaty / DK-IRL-UK

Transposition

DK

1

D

1

E L | E

« 1  

F

1

IRL

1

1

1

NL

1

P

1

L

1

UK

1

Comments

I Dir. 71/349 115/04/73

B

I

**73/362/EEC** **: Council Directive of 19 November 1973 on the approximation of the laws of the**
**Member States relating to material measures of length (OJ L** **335,** **05/12/73)**

Adaptation to technical progress

**Council Dir.** 78/629 (OJ **L** 206, 29/07/78)
**Commission** Dir. 85/146 (OJ L 54, 23/02/85)

Transposition

DK

1

1

1

D

1

1

1

F

1

1

1

EL

1

1

1

E

1

1

1

IRL

1

1

1

1

1

1

1

L

1

1

1

NL

1

1

1

P

1

1

1

UK

1

1

1

Comments

B

1

1

1

Dir. 73/362

Dir. 78/629

Dir. 857146

22/05/75

22/06/79

01/01/86

**74/148/EEC** **: Council Directive of 4 March 1974 on the approximation of the laws of the Mem-**
**ber** **States** **relating to weights of** **from 1 mg** **to 50 kg of above-medium accuracy**
**(OJ** **L** **84, 28/03/74)**

Transposition

DK

I

D

I

EL

I

F

I

IRL

I

E

I

I

I

L

I

UK

I

NL

I

P

I

Comments

| Dir. 74/148 107/09/75

B

I

**10.**

**75/33/EEC** **: Council Directive of 17 December 1974 on the approximation of the laws of the**
**Member States relating to cold-water meters (OJ L** **14,20/01/75)**

Transposition

DK

I

D

I

EL

I

E

I

F

I

IRL

I

L

I

I

I

P

I

UK

I

NL

I

Comments

I Dir. 75/33 119/06/76

B

I

**11.** **75/106/EEC : Council Directive of 19 December 1974 on the approximation of the laws of the**
**Member States relating to the** **making-up** **by volume of certain prepackaged liquids**
**(OJL 42,15/02/75)**

Amendments

Council Dir. 79/1005 (OJ L 308, 04/12/79)
Council Dir. 85/10 (OJ L 4, 05/01/85)
Council Dir. 88/316 (OJ L 143, 10/06/88)
Council Dir. 89/676 (OJ L 398, 30/12/89)

Transposition

Adaptation to technical progress

Commission Dir. 78/891 (OJ L 311, 04/11/78)

DK

I

I

EL

I

I

E

I

I

F

I

I

IRL

I

I

D

I

I

I

I

I

P

1

1

UK 1 Comments

1
I j

L

I

I

NL

I

I

B

I

I

Dir. 75/106

Dir. 78/891

20/06/76

01/01/80

l« measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**100** **ANNEX2**

Dir. 79/1005

Dir. 85/10

Dir. 88/316

Dir. 89/676

31/12/80

20/12/85

30/06/88

01/07/90

1

1

1

1

1

1

1

1

1

1

1

1

I

I

1

1

1

1

1

1

I

I

**I**

**I**

1

1

1

1

1

1

1

1

1

1

1

1

I

**I**

**I**

**I**

1

1

1

1

1

1

1

1

**12.** **75/107/EEC** **: Council Directive of 19 December** **1974** **on the approximation of the laws of the**
**Member States relating to bottles used as measuring containers** (OJ **L** **42,** 15/02/75)

Transposition

DK

I

D

I

EL

I

E

I

F | IRL | I

I | I | I

L

I

NL

I

P

I

UK

1

Comments

I Dir. 75/107 20/06/76

B

**I**

**13.**

**75/410/EEC** **: Council Directive of 24 June 1975 on the approximation of the laws of the Mem-**
**ber States relating to continuous totalizing weighing machines (OJ L** **183,14/07/75)**

Transposition

I Dir. 75/410 127/12/76

**B**

**I**

UK

I

**DK**

**I**

**D**

**I**

EL

I

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

Comments

**14.** **76/211/EEC** **: Council Directive of** 20 **January 1976 on the approximation of the laws of the**
**Member States relating to the** **making-up** **by weight or by volume of certain prepackaged**
**products** (OJ L **46,** 21/02/76)

Adaptation to technical progress

Commission Dir. 78/891 (OJ L 311, 04/11/78)

Transposition

D

I

I

P

I

I

DK

I

I

F

I

I

IRL

I

I

I

I

I

L

I

I

NL

I

I

UK

I

I

E

I

I

Comments

B

I

I

EL

I

I

Dir. 76/211

Dir. 78/891

23/07/77

01/01/80

**15.** **76/764/EEC** **: Council Directive of** 27 **July 1976 on the approximation of the laws of the Mem-**
**ber States on clinical** **mercury-in-glass,** **maximum reading thermometers** (OJ L 262,27/09/76)

Amendments Adaptation to technical progress

Council Dir. 83/128 (OJ L 91, 09/04/83) Commission Dir. 84/414 (OJ L 228, 25/08/84)

Transposition

DK

Nl

NN

NN

EL

I

I

I

F

NI

I

I

D

Nl

I

I

E

I

I

I

IRL

Nl

I

I

I

I

I

I

L

I

I

I

NL

I

I

I

P

Nl

I

I

UK

I

I

I

Comments

B

I

I

**I**

Dir. 76/764

Dir. 83/128

Dir. 84/414

02/08/80

01/01/86

**16.** **76/765/EEC** **: Council Directive of** 27 **July 1976 on the approximation of the laws of the Mem-**
**ber States relating to alcoholometers and alcohol hydrometers** (OJ L 262, 27/09/76)

Adaptation to technical progress

Commission Dir. 82/624 (OJ L 252, 27/09/76)

Transposition

DK

I

I

F

I

I

IRL

I

I

D

I

I

EL

I

I

E

I

I

I

I

I

L

I

I

NL

I

I

P

1

1

UK

1

1

Comments

B

I

I

Dir. 76/765

Dir. 82/624

02/08/78

01/05/83

N measures notified; NN measures not Incorporated; D= derogation; IR= infringement proceedings under way, NN= no measures necessary

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**ANNEX2** **101**

**17.** **76/766/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to alcohol tables (OJ L** **262,27/09/76)**

Transposition

UK

1

P

1

Comments

**DK**

**I**

**D**

**I**

EL

I

E

I

F

I

L

I

NL

1

IRL

I

I

I

I Dir. 76/766 102/08/78

**B**

**I**

**18.** **767891/EEC** **: Council Directive of 4 November 1976 on the approximation of the laws of the**
**Member States relating to electrical energy meters (OJ L** **336,04/12/76)**

Adaptation to technical progress

Commission Dir. 82/621 (OJ L 252, 27/08/82)

Transposition

**DK**

**NN**

**NN**

D

1

1

EL

1

NN

E

1

1

F

1

1

IRL

1

NN

1

1

NN

NL

1

NN

P

1

1

UK

1

NN

L

1

NN

Comments

**B**

**1**

**1**

Dir. 76/891

Dir. 82/621

**09/05/78**

**01/01/83**

**19.** **77/95/EEC** **: Council Directive of 21 December 1976 on the approximation of the laws of the**
**Member States relating to taximeters (OJ L** **26,** **31/01/77)**

Transposition

**DK**

**1**

**D**

**1**

IRL

1

1

1

E

1

F

1

L

1

EL

1

P

1

UK

1

Comments

NL

1

I Dir. 77/95 122/06778

**B**

**1**

**20.** **77/313/EEC** **: Council Directive of 5 April** **1977** **on the approximation of the laws of the Member**
**States relating to measuring systems for liquids other than water (OJ L** **105,** **28/04/77)**

Adaptation to technical progress

Commission Dir. 82/625 (OJ L 252, 27/08/92)

Transposition

DK

**1**

**1**

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

L

1

1

D

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

**1**

**1**

Dir. 77/313

Dir. 82/625

**07/10778**

**01/05/83**

**21.** **78/1031/EEC** **: Council Directive of 5 December** **1978** **on the approximation of the laws of the**
**Member States relating to automatic checkweighing and weight grading machines**
**(OJL** **364,** **27/12/78)**

Transposition

**D**

**I**

E

I

IRL

I

**DK**

**I**

EL

I

F

I

I

I

L

I

UK

I

Comments

NL

I

P

I

I Dir. 78/1031109/06/80

**B**

**I**

**22.** **79/830/EEC** **: Council Directive of** **11** **September 1979 on the approximation of the laws of the**
**Member States relating to hot-water meters** (OJ L 259,15/10/79)

Transposition

E

I

IRL

I

F

I

L

1

**DK**

**I**

**D**

**I**

EL

I

P

1

UK

1

I

I

NL

1

Comments

I Dir. 79/830 131/12/81

**B**

**I**

I» measures notified; NN measures not incorporated; D* derogation; IR« infringement proceedings under way, NN« no measures necessary

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

102 ANNEX2

**23.** **80/181/EEC** **: Council Directive of 20 December 1979 on the approximation of the laws of the**
**Member States relating to units of measurement and on the repeal of Directive** **71/354/EEC**
**(OJL 39,15/02/80)**

Amendments

Council Dir. 85/1 (OJ L 2, 03/01/85)
Council Dir. 89/617 (OJ L 357, 07/12/89)

Transposition

D

1

1

1

NL

1

1

1

DK

**1**

1

**1**

EL

1

1

IR

E

1

1

IR

F

1

1

NN

1

1

1

1

UK

1

1

1

IRL

1

1

1

P

1

1

IR

L

1

1

1

Comments

B

I

I

**1**

Dir. 80/181

Dir. 85/1

Dir. 89/617

30/06/81

01/07/85

30/11/91

**24.** **80/232/EEC** **: Council Directive of 15 January 1980 on the approximation of the laws of the**
**Member States relating to the ranges of nominal quantities and nominal capacities permitted**
**for certain prepackaged products (OJ L** **51,25/02/80)**

Amendments

Council Dir. 86/96 (OJ L 80, 25/03/86)
Council Dir. 87/356 (OJ L 192, 11/07/87)

Transposition

DK

I

I

I

NL

1.

NN

1

L

1

1

1

D

I

1

1

EL

1

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

1

1

1

1

P

1

1

1

UK

1

1

1

Comments

B

I

I

I

Dir. 80/232

Dir. 86796

Dir. 87/356

18/01/82

18/09/87

30/06/88

**25.** **86/217/EEC** **: Council Directive of 26 May 1986 on the approximation of the laws of the Mem-**
**ber States relating to tyre pressure gauges for motor vehicles (OJ** **L152,** **06/06/86)**

Transposition

F

1

Comments

**DK**

**1**

EL

1

E

1

IRL

1

1

1

NL

1

P

1

UK

1

L

1

**D**

**1**

I Dir. 86/217 130/11/87

**B**

**I**

**26.** **90/384/EEC** **: Council Directive of 20 June** **1990** **on the harmonization of the laws of the Mem-**
**ber States relating to** **non-automatic** **weighing instruments (OJ L** 189, 20/07/90)

Amendments

Council Dir. 93/68 (OJ L 220, 30/08/93)

Transposition

Comments
abroge Dir. 73/360 au
01/01/93

E

1

IRL

1

1

1

NL

1

L

1

D

I

EL

1

F

1

P

IR

UK

1

B

I

DK

I

Dir. 90/384

Dir. 93/68

01/07/92

01/07/94

**1.** **73/23/EEC : Council Directive of 19 February 1973 on the harmonization of the laws of Mem-**
**ber States relating to electrical equipment designed for use within certain voltage limits**
**(OJL** 77, 26/03/73)

Amendments

Council Dir. 93/68 (OJ L 220, 30/08/93)

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

Transposition

Dir. 73/23

Dir. 93/68

ANNEX2 103

Comments

UK

1

P

1

1

1

NL

1

L

1

EL

1

E

1

F

1

IRL

1

D

1

DK

1

21/08774

01/07/94

B

1

**2.** **76/117/EEC** **: Council Directive of 18 December 1975 on the approximation of the laws of the**
**Member States conceming electrical equipment for use in potentially explosive atmospheres**
**(OJL24,** 30/01/76)

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Drç

I

D

I

EL

1

E

1

F

1

1

1

P

1

UK

1

Comments

L

1

IRL

1

NL

1

I Dir. 76/117 119/06/77

B

**I**

**79/196/EEC** **: Council Directive of 6 February 1979 on the approximation of the laws of the**
**Member States conceming electrical equipment for use in potentially explosive atmospheres**
**employing certain types of protection (OJ L** **43,** 20702/79)

Amendments

Council Dir. 887665 (OJ L 382. 31/12/88)
Council Dir. 907487 (OJ L 270, 02/10790)

Transposition

Adaptation to technical progress

Commission Dir. 84/47 (OJ L 31, 02/02/84)
Commission Dir. 88/571 (OJ L 311, 17/11/88)

DK

1

**1**

**1**

NN

1

D

1

1

1

NN

1

EL

1

1

1

NN

1

E

1

1

1

NN

1

F

1

1

1

NN

1

IRL

1

1

1

NN

1

1

1

1

1

NN

IR

L

1

1

1

NN

1

NL

1

1

1

NN

1

P

1

1

1

1

1

UK

1

1

1

NN

1

Comments

**B**

**1**

**1**

**1**

NN

1

Dir. 79/196

Dir. 84/47

Dir 88/571

Dir. 88/665

Dir. 90/487

08708/80

01/01/85

31/12/89

 
01/07/92

**82/130/EEC** **: Council Directive of 15 February** **1982** **on the approximation of the laws of the**
**Member States concerning electrical equipment for use in potentially explosive atmospheres**
**in mines susceptible to firedamp** (OJ **L** **59,** 02/03/82)

Amendments

Accession Treaty / E-P

Transposition

Adaptation to technical progress

Commission Dir. 88/35 (OJ L 20, 26701/88)
Commission Dir. 91/269 (OJ L 134, 29/05791)

DK

**I**

Nl

Nl

EL

I

I

Nl

D

I

I

Nl

E

I

I

I

F

I

Nl

I

IRL

NN

NN

Nl

I

I

I

Nl

L

NN

Nl

Nl

Comments

NL

NN

Nl

Nl

P

NN

NN

Nl

UK

1

T

Nl

**B**

I

**I**

Nl

Dir. 82/130

Dir. 88/35

Dir. 91/269

19/08783

01/01/88

30/06/92

**5.** **89/336/EEC : Council Directive of 3 May** **1989** **on the approximation of the laws of the Member**
**States** relating **to electromagnetic** compatibility (OJ L 139, 23705/89)

Amendments

Council Dir. 91/263 (OJ L 128, 23/05/91)
Council Dir. 92/31 (OJ L 126, 12/05/92)
Council Dir. 93/68 (OJ L 220, 30/08/93)

| N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

104 ANNEX2

Transposition

Dir. 89/336

Dir. 91/263

Dir. 92/31

Dir. 93/68

Comments

P

1

IR

UK

1

1

L

1

1

NL

IR

IR

DK

I

I

D

I

I

EL

IR

IR

I

I

1

IRL

IR

IR

E

IR

IR

F

I

I

I

01/01/92

06/11/92

28/07/92

01/07/94

B

IR

IR

_**2X.ZA0.**_ **Medical devices'**

**1.** **84/539/EEC** **: Council Directive of 17 September 1984 on the approximation of the laws of the**
**Member States relating to electro-medical equipment used in human or veterinary medicine**
**(OJL 300,19/11/84)**

Amendments

Accession Treaty / E-P
Council Dir. 93/42 (OJ L 269, 12/07/93)
Council Dir. 93/68 (OJ L 220, 30/08/93)

Transposition

UK

I

L

I

P

I

Comments

NL

I

IRL

I

I

I

E

IR

EL

I

F

I

DK

I

D

I

B

I

Dir. 84/539

Dir. 93/42

Dir. 93/68

26/09/86

01/07/94

01/07/94

**2.** **90/385/EEC : Council Directive of 20 June** **1990** **on the approximation of the laws of the Mem-**
**ber States relating to active implantable medical devices (OJ L** **189,** **20/07/90)**

Amendments

Council Dir. 93/42 (OJ L 269, 12/07/93)
Council Dir. 93/68 (OJ L 220, 30/08/93)

UK

I

Comments

P

I

NL

I

F

IR

I

I

— _

L

I

D

IR

EL

IR

E

I

IRL

IR

DK

I

B

IR

Dir. 90/385

Dir. 93/42

Dir. 93/68

01/07/92

01/07/94

01/07/94

**2x1,3*** **1 1** **Personal protective instruments**

**1.** **89/686/EEC : Council Directive of** **21** **December 1989 of the approximation of the laws of the**
**Member States relating to personal protective equipment (OJ L** **399,** **30/12/89)**

Amendments

Council Dir. 93/68 (OJ L 220, 30/08/93)
Council Dir. 93/95 (OJ L 276, 05/11/93)

Transposition

NL

Nl

UK

1

P

1

Comments

L

1

IRL

1

1

1

EL

I

E

1

F

1

DK

I

D

I

B

I

Dir. 89/686

Dir. 93/68

Dir. 93/95

31/12/91

01/07/94

30/01/94

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN* no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**ANNEX2** **105**

**2,1A** **Construction and construction products**

**1.** **89/106/EEC** **:** **Council Directive** **of** **21 December 1988** **on the** **approximation** **of** **laws, regula-**
**tions and administrative provisions** **of** **the Member States relating** **to** **construction products**
**(OJL 40,11/02/89)**

Transposition

**DK**

**I**

**D**

**1**

E

1

F

1

IRL

1

NL

1

P

1

UK

1

Comments

L

1

EL

IR

1

1

I Dir. 89/106 127/06/91

**B**

**IR**

**N** **measures** **notified;** **NN measures not incorporated;** **D*** **derogation;** **IR= infringement proceedings under** **way,** **NN=** **no** measures necessary

**THE COMMUNITY INTERNAL** MARKET -1993 REPORT

106 ANNEX2

2.1,5. IMotoliéHïçilil

**1.** **70/156/EEC** **: Council Directive of 6 February** **1970** **on** **the** **approximation of the laws of the**
**Member** **States** **relating to the** **type-approval** **of motor yehicles and their trailers**
**(OJL** **42,** **23/02/70)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P

Council Dec. 73/101 (OJ L 2, 01/01/73)
Council Dir. 78/315 (OJ L 81, 28/03/78)

Transposition

Council Dir. 78/547 (OJ L 168, 26/06778)
Council Dir. 80/1267 (OJ L 375, 31/12/80)
Council Dir. 87/358 (OJ L 192,11/07/87)
Council Dir. 87/403 (OJ L 220, 08/08/87)
Council Dir. 92/53 (OJ L 225, 10/06792)

DK

1

1

1

1

1

1

1

D EL E F

NI

IRL 1

1

1

1

1

1

1

1

L NL P UK

1

1

1

1

1

1

1

Comments

B

1

1

1

1

1

1

1

Dir. 70/156

Dir. 78/315

Dir. 78/547

Dir. 80/1267

Dir. 87/358

Dir. 87/403

Dir. 92/53

10/08/71

30/06/79

15/12/79

30/06/82

01/10/88

01/10/88

31/12/92

**2.** **70/157/EEC** **: Council Directive of** **6** **February 1970 on the approximation of the laws of the**
**Member States relating to the permissible sound level and the exhaust system of motor vehi-**
**cles** **(OJ L** **42,** **23/02/70)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / E-P
Council Dir. 77/212 (OJ L 66, 12/03/77)
Commission Dir. 84/372 (OJ L 196, 26/07/84)
Council Dir. 92/97 (OJ L 371, 19/12/92)

Transposition

Adaptation to technical progress

Commission Dir. 73/350 (OJ L 321, 22/11/73)
Commission Dir. 81/334 (OJ L 131,18/05/81)
Council Dir. 84/424 (OJ L 238. 06/09/84)
Commission Dir. 89/491 (OJ L238, 15/06789)

DK

1

1

1

1

1

1

1

L NL P UK Comments

D EL E F IRL 1

1

1

1

1

1

1

1

B

1

1

I

1

1

1

1

Dir. 70/157

Dir. 73/350

Dir. 77/212

Dir. 81/334

Dir. 84/372

Dir. 84/424

Dir. 89/491

Dir. 92/97

10/08/71

01/03/74

01/04/77

01/01/82

01/10/84

01/01/85

01/01/90

01/07/93

**70/220EEC : Council Directive of** **20** **March 1970 on the approximation of the laws of** **the** **Mem-**
**ber States relating to measures to be taken against air pollution by gases from positive-igni-**
**tion engines of motor vehicles (OJ** **L** **76,** **06/04/70)**

Amendments

Accession Treaty / DK-IRL-UK
Council Dir. 83/351 (OJ L 197, 20/07/83)
Council Dir. 88/76 (OJ L 36, 09/02/88)
Council Dir. 88/436 (OJ L 214, 06/08/88)
Council Dir. 89/458 (OJ L 226, 03/08/89)
Council Dir. 91/441 (OJ L 242, 30/08/91)

Adaptation to technical progress

Council Dir. 74/290 (OJ L 159, 15/06/74)
Commission Dir. 77/102 (OJ L 32, 03/02/77)
Commission Dir. 78/665 (OJ L 223, 14/08/78)
Commission Dir. 89/491 (OJ L 238, 15/08/89)

N measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

Dir. 70/220 30/06/70

Dir. 74/290 01/10/74

Dir. 77/102 01/01/77

Dir. 78/665 01/01/79

Dir. 83/351 30/11/83

Dir. 88/76 01/10/88

Dir. 88/436 01/10/88

Dir. 89/458 01/01/90

Dir. 89/491 01/01/90

Dir. 91/441 01/01/92

ANNEX2 107

B DK D EL E F IRL L NL P UK Comments

**70/221/EEC** **: Council Directive of 20 March 1970 on the approximation of the laws of the**
**Member States relating to liquid fuel tanks and rear protective devices for motor vehicles and**
**their trailers** (OJ **L** 76, 06/04/70)

Amendments Adaptation to technical progress

Accession Treaty / DK-IRL-UK Commission Dir. 79/490 (OJ L 128, 26/05/79)
Commission Dir. 81/333 (OJ L 131, 18/05/81)

Transposition

D

I

I

I

EL

I

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

1

1

1

1

DK

I

I

I

NL

1

1

1

P

1

1

1

UK

1

1

1

Comments

'

L

1

1

1

B

I

I

I

Dir. 70/221

Dir. 79/490

Dir. 81/333

07/10/71

31/12/79

01/10/81

**5.** **70/222/EEC** **: Council Directive of 20 March 1970 on the approximation of the laws of the**
**Member States relating to the space for mounting and the fixing of rear registration plates on**
**motor vehicles and their trailers** (OJ **L** 76, **06/04/70)**

Amendments

Accession Treaty / DK-IRL-UK

Transposition

D

I

EL

I

E

I

IRL

I

I

I

DK

I

F

I

L

I

NL

I

P

I

UK

I

Comments

Dir. 70/222 07/10/71

B

I

**70/311/EEC** **: Council Directive of 8 June 1970 on the approximation of the laws of the**
**Member States relating to the steering equipment for motor vehicles and their trailers**
**(OJL** 133, 18/06/70)

Amendments

Accession Treaty / DK-IRL-UK

Transposition

Adaptation to technical progress

Commission Dir. 92/62 (OJ L 199, 18/07/92)

DK

1

1

D

1

1

F

1

1

IRL

1

1

1

1

1

EL

1

1

E

1

1

NL

1

1

L

1

1

P

1

1

UK

1

Nl

Comments 1

1

B

1

1

Dir. 70/311

Dir. 92/62

11/12/71

01/01/93

**7.** **70/387/EEC : Council Directive of 27 July 1970 on the approximation of the laws of the Mem-**
**ber States relating to the doors of motor vehicles and their trailers** (OJ **L** 176,10/08/70)

Amendments

Accession Treaty / DK-IRL-UK

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET -1993 REPORT

108 ANNEX2

Transposition

I Dir. 70/387 128/01/72

**D**

**1**

EL

1

E

1

**B**

**1**

**DK**

**1**

F

1

L

1

IRL

1

N L l P

1 | 1

UK

1

1

1

Comments

**8.** **70/388/EEC : Council Directive of 27 July 1970 on the approximation of the laws of the Mem-**
**ber States relating to audible warning devices for motor vehicles (OJ L** **176,10/08/70)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL

Transposition

Accession Treaty / E-P
Council Dec. 73/101 (OJ L 2, 01/01/73)

DK

**1**

**D**

**1**

E

1

F

1

IRL

1

EL

1

1

1

NL

1

P

1

UK

1

L

1

Comments

| Dir. 70/388 28/01/72

**B**

**1**

**71/127/EEC** **: Council Directive of** **1** **March 1971 on the approximation of the laws of the Mem-**
**ber States relating to the rear-view mirrors of motor vehicles** (OJ **L 68, 22/03/71)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P

Transposition

Adaptation to technical progress

Commission Dir. 79/795 (OJ L 239, 22/09/79)
Commission Dir. 85/205 (OJ L 90, 29/03/85)
Commission Dir. 86/562 (OJ **L** 327, **22/11/86)**
Commission Dir. 88/321 (OJ **L** **147, 14/06/88)**

B DK D EL E F IRL L NL P UK Comments

Dir. 71/127

Dir. 79/795

Dir. 85/205

Dir. 86/562

Dir. 88/321

04/09/72

31/01/80

01/10/85

31/12/86

01/01/89

**10.** **71/320/EEC : Council Directive of 26 July** **1971** **on the approximation of the laws of the Mem-**
**ber States relating to the braking devices of certain categories of motor vehicles and of their**
**trailers** (OJ L 202, 06/09/71)

Amendments

Accession Treaty / DK-IRL-UK

Adaptation to technical progress

Commission Dir. 74/132 (OJ L 74, 19/03/74)
Commission Dir. 75/524 (OJ L 236, 08/09/75)
Commission Dir. 79/489 (OJ L 128, 26/05/79)

Transposition

Commission Dir. 85/647 (OJ L 380, 31/12/85)
Commission Dir. 88/194 (OJ L 92, 09/04/88)
Commission Dir. 91/422 (OJ L 233, 22/08/91)

DK D EL E F IRL L NL P UK Comments

B

Nl

Dir. 71/320

Dir. 74/132

Dir. 75/524

Dir. 79/489

Dir. 85/647

Dir. 88/194

Dir. 91/422

30/01/73

01/06/74

31/12/75

31/12/79

01/10/86

01/10/88

01/10/91

l= measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET                             - 1993 REPORT

**11.**

**12.**

**13.**

**14.**

ANNEX 2 109

**72/245/EEC** **: Council Directive of 20 June 1972 on the approximation of the laws of the Mem-**
**ber States relating to the suppression of radio interference produced by spark-ignition**
**engines fitted to motor vehicles (OJ** **L152,** **06/07/72)**

Adaptation to technical progress

Commission Dir. 89/491 (OJ L 238, 15/08/89)

Transposition

**74/61/EEC** **: Council Directive of 17 December 1973 on the approximation of the laws of the**
**Member States relating to devices to prevent the unauthorized use of motor vehicles**
**(OJL** **38, 11/02/74)**

Transposition

D

1

1

DK

**I**

**1**

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

NL

1

1

P

1

1

UK

1

1

L

1

1

Comments

B

**I**

**I**

Dir. 72/245

Dir. 89/491

22/12/73

01/01/90

**72/306/EEC** **: Council Directive of 2 August 1972 on the approximation of the laws of the**
**Member States relating to the measures to be taken against the emission of pollutants from**
**diesel engines for use in vehicles (OJ** **L190,06/07/72)**

Adaptation to technical progress

Commission Dir. 89/491 (OJ L 238,15/08/89)

Transposition

DK

**1**

**1**

D

1

1

EL

1

1

IRL

1

1

E

1

1

F

1

1

1

1

1

NL

1

1

L

1

1

P

1

1

UK

1

1

Comments

B

**I**

**I**

Dir. 72/306

Dir. 89/491

**10/12/74**

**01/01/90**

**74/60/EEC** **: Council Directive of 17 December 1973 on the approximation of the laws of the**
**Member States relating to the interior fittings of motor vehicles** **(interior** **parts of the passen-**
**ger compartment other than the interior rear-view mirrors, layout of controls, the roof or** **slid-**
**ing** **roof,** **the backrest and rear part of the seats) (OJ L** **38,11/02/74)**

Adaptation to technical progress

Commission Dir. 78/632 (OJ L 206, 29/07/78)

Transposition

DK

**1**

1

EL

1

1

D

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

P

1

1

NL

1

1

UK

1

1

L

1

1

Comments

B

I

1

Dir. 74/60

Dir. 78/632

19/06/75

01/07/79

**DK**

**I**

**D** **I** **EL**

**' I** **I**

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

Dir. 74/61 20/06/75

**B**

**I**

**15.** **74/297/EEC : Council Directive of 4 June 1974 on the approximation of the laws of the**
**Member States relating to the interior fittings of motor vehicles (the behaviour of the steering**
**mechanism in the event of an impact)** (OJ **L165,** **20/06/74)**

Adaptation to technical progress

Commission Dir. 91/662 (OJ L 366, 31/12/91)

Transposition

DK

I

I

F

1

1

IRL

1

1

1

1

1

D

I

I

EL

1

1

E

1

1

P

1

1

L

1

1

NL

1

1

UK

1

1

Comments

B

I

I

Dir. 74/297

Dir. 91/662

10/12/75

31/12/91

11= measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary ]

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

110 ANNEX2

**16.**

**17.**

**18.**

**19.**

**20.**

**74/408/EEC** **: Council Directive of 22 July** **1974** **on the approximation of the laws of the Mem-**
**ber States relating to the interior fittings of motor vehicles (strength of seats and of their**
**anchorages) (OJ** **L 221,12/08/74)**

Amendments

Council Dir. 81/577 (OJ L 209, 29/07/81)

Transposition

**76/115/EEC** **: Council Directive of 18 December** **1975** **on the approximation of the laws of the**
**Member States relating to anchorages for motor-vehicle safety belts (OJ** **L** **24,** **30/01/76)**

D

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

NL

1

1

UK

1

1

DK

1

1

P

1

1

L

1

1

Comments

B

1

1

Dir. 74/408

Dir. 81/577

01/03/75

24/01/82

**74/483/EEC** **: Council Directive of 17 September 1974 on the approximation of the laws of the**
**Member** **States** **relating to the external** **projections** **of motor vehicles (OJ** **L** **266,** **02/10/74)**

Amendments Adaptation to technical progress

Accession Treaty / E-P Commission Dir. 79/488 (OJ L 128, 26/05/79)

Transposition

DK

1

1

D

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

L

1

1

1

1

1

NL

1

1

UK

1

1

P

1

1

Comments

B

I

1

Dir. 74/483

Dir. 79/488

01/06/75

31/12/79

**75/443/EEC : Council Directive of 26 June 1975 on the approximation of the laws of the Mem-**
**ber States relating to the reverse and speedometer equipment of motor vehicles**
**(OJL** **196, 26/07/75)**

Transposition

DK

I

E

I

IRL

I

D

I

EL

I

F

I

I

I

L

I

NL

I

P

I

UK

I

Comments

| Dir. 75/443 101/01/77

B

I

**76/114/EEC** **: Council Directive of 18 December 1975 on the approximation of the laws of the**
**Member States relating to statutory plates and inscriptions for motor vehicles and their** **trail-**
**ers,** **and their location and method of attachment (OJ** **L** **24,** **30/01/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Adaptation to technical progress

Commission Dir. 78/507 (OJ L 155, 13/06/78)

D

1

1

DK

I

I

EL

1

1

E

1

1

F

1

1

IRL

1

1

L

1

1

1

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

I

I

Dir. 76/114

Dir. 78/507

01/01/77

01/10/78

Amendments

Dir. 81/575, Conseil (OJ L 209, 29/07/81)

Transposition

Adaptation to technical progress

Commission Dir. 82/318 (OJ L 139, 19/05/82)
Commission Dir. 90/629 (OJ L 341, 06/12/90)

E

1

1

1

1

DK

I

I

I

I

D

I

1

1

1

EL

1

1

1

1

F

1

1

1

1

IRL

1

1

1

1

1

1

1

1

1

UK

1

1

1

1

P

1

1

1

1

L

1

1

1

1

NL

1

1

1

1

Comments

B

I

I

I

I

Dir. 76/115

Dir. 81/575

Dir. 82/318

Dir. 90/629

01/10/76

01/10/83

30/09/82

01/05/91

1= measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX2** **111**

**21.** **76/756/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to the installation of lighting and light-signalling devices on motor vehi-**
**cles and their trailers** (OJ L 262, 27/09/76)

Amendments

Council Dir. 83/276 (OJ L 151, 09/06/83)

Adaptation to technical progress

Commission Dir. 80/233 (OJ L 51, 25/02/80)
Commission Dir. 82/244 (OJ L 109, 22/04/82)
Commission Dir. 84/8 (OJ L 9,12/01/84)

Transposition

Commission Dir. 89/278 (OJ L 109, 20/04/89)
Commission Dir. 91/663 (OJ L 366, 31/12/91)

D EL E F IRL L NL P UK Comments

B DK

I

1

1

1

1

1

1

Dir. 76/756

Dir. 80/233

Dir. 82/244

Dir. 83/276

Dir. 84/8

Dir. 89/278

Dir. 91/663

01/07/77

30/04/80

01/10/82

01/10/83

01/10/84

30/09/89

01/01/93

**22.**

**23.**

**24.**

**76/757/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to reflex reflectors for motor vehicles and their trailers (OJ** **L** **262,** **27/09/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

**76/759/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to direction indicator lamps for motor vehicles and their trailers**
**(OJ L** 262, 27/09/76)

DK

I

EL

I

D

I

E

I

F

I

IRL

I

L

I

I

I

NL

I

P

I

UK

I

Comments

| Dir. 76/757 101/07/77

B

I

**76/758/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to end-outline marker lamps, front position (side) lamps, rear position**
**(side) lamps and stop lamps for motor vehicles and their trailers (OJ** **L** **262, 27/09/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Adaptation to technical progress

Commission Dir. 89/516 (OJ L 265, 12/09/89

DK

I

I

D

I

I

EL

I

I

F

I

I

E

I

I

IRL

I

1

1

1

1

L

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

I

I

Dir. 76/758

Dir. 89/516

01/07/77

31/12/89

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Adaptation to technical progress

Commission Dir. 89/277 (OJ L 109, 20/04/89)

DK

I

I

F

1

1

IRL

1

1

D

1

1

E

1

1

EL

1

1

1

1

1

L

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

I

I

Dir. 76/759

Dir. 89/277

01/07/77

30/09/89

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

**THE** COMMUNITY INTERNAL MARKET -1993 REPORT

112 ANNEX2

**25.**

**26.**

**27.**

**28.**

**29.**

**77/538/EEC : Council Directive of 28 June 1977 on the approximation of the laws of the Mem-**
**ber States relating to rear** **fog** **lamps for motor vehicles and their trailers (OJ** **L** **220,** **29/08/77)**

Amendments Adaptation to technical progress

**76/760/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to the rear registration plate lamps for motor vehicles and their trailers**
**(OJ** **L** **262.** **27/09/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

DK

I

D

I

E

I

IRL

I

EL

I

F

I

I

I

L

1

P

1

UK

1

NL

1

Comments

I Dir. 76/760 101/07/77

B

I

**76/761/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to motor-vehicle headlamps which function as main-beam and/or dipped-**
**beam headlamps and to incandescent** **electric** **filament lamps for** **such** **headlamps**
**(OJL** **262,** **27/09/76)**

Amendments Adaptation to technical progress

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Commission Dir. 89/517 (OJ L 265, 12/09/89)

DK

1

1

D

1

1

EL

1

1

E

1

1

F

1

1

P

1

1

L

1

1

IRL

1

1

1

1

1

NL

1

1

UK

1

1

Comments

B

1

1

Dir. 76/761

Dir. 89/517

01/07/77

31/12/89

**76/762/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to front fog lamps for motor vehicles and filament lamps for such lamps**
**(OJ** **L** **262,** **27/06/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

EL

1

DK

1

D

1

F

1

IRL

1

1

1

P

1

UK

1

L | NL

« 1 «

E

1

Comments

I Dir. 76/762 j 01/07/77

B

1

**77/389/EEC : Council Directive of 17 May 1977 on the approximation of the laws of the Mem-**
**ber States relating to motor-vehicle** **towing-devices** **(OJ L** **145,13/06/77)**

Transposition

D

I

EL

I

E

I

I

I

L

I

DK

I

F

I

IRL

I

NL

I

P

I

UK

1

Comments

Dir. 77/389 23/11/78

B

I

Accession Treaty / EL
Accession Treaty / E-P

Transposition

Commission Dir. 89/518 (OJ L 265, 12/09/89)

P

1

1

E

I

I

IRL

1

1

NL

1

1

L

1

1

DK

I

I

D

I

I

EL

I

I

F

1

1

1

1

1

UK

1

1

Comments

B

I

I

Dir. 77/538

Dir. 89/518

30/12/78

31/12/89

N measures notified; NN measures not incorporated; D= derogation; IR= Infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**(16**

30.

**31.**

**32.**

**33.**

**77/649/EEC : Council Directive of 27 September** **1977** **on the approximation of the laws of the**
**Member States relating to the field of** **vision** **of motor vehicle drivers (OJ** **L 267,19/10/77)**

Adaptation to technical progress

Commission Dir. 81/643 (OJ L 231, 15/08/81)
Commission Dir. 88/366 (OJ L 181, 12/07/88)
Commission Dir. 90/630 (OJ L 341, 06/12/90)

Transposition

ANNEX 2 113

**77/539/EEC : Council Directive of 28 June 1977 on the approximation of the laws of the Mem-**
**ber States relating to reversing lamps for motor vehicles and their trailers (OJ** **L 220,29/08/77)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition __^___ T ___
I B | DK | D IRL NL UK Comments
**Dir. 77/539** 130/12/78 | l ~ | **1~T~T** [ËLTË-]
### **3**

**77/540/EEC : Council Directive of 28 June** **1977** **on the approximation of the laws of the Mem-**
**ber States relating to parking lamps for motor vehicles (OJ** **L** **220,** **29/08/77)**

**Amendments**

**Accession Treaty** **/** **EL**
**Accession Treaty** **/ E-P**

Transposition

DK

I

D I EL

**«** **I** **«**

E

I

F

I

IRL

I

L

I

I

I

P

I

NL

I

UK

I

Comments

| Dir. 77/540 130/12/78

B

I

**77/541/EEC** **: Council Directive of 28 June 1977 on the approximation of the laws of the Mem-**
**ber States relating to safety belts and restraint systems of motor vehicles (OJ** **L 267,19/10/77)**

Amendments Adaptation to technical progress

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 81/576 (OJ L 209, 29/07/81)

Transposition

Commission Dir. 82/319 (OJ L 139, 19/05/82)
Commission Dir. 90/628 (OJ L 341, 06/12/90)

DK

1

1

1

1

D

1

1

Nl

EL

1

1

1

1

E

1

1

1

1

F

1

1

1

1

IRL

1

1

1

1

L

1

1

1

1

NL

1

1

1

1

P

1

1

1

1

UK

1
7 '"

i

i

Comments

B

1

1

1

1

Dir. 77/541

Dir. 81/576

Dir. 82/319

Dir. 90/628

30/12/78

30/09/82

30/09/82

01/05/91

D

1

1

1

Nl

EL

1

1

1

1

F

1

1

1

1

E

1

1

1

1

IRL

1

1

1

1

L

1

1

1

1

NL

1

1

1

1

P

1

1

1

1

UK

1

1

1

1

Comments

B

1

1

1

1

DK

1

1

1

1

Dir. 77/649

Dir. 81/643

Dir. 88/366

Dir. 90/630

02/04/79

31/12/81

01/10/88

01/05/91

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary^

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

114 ANNEX2

**34.**

**35.**

**78/316/EEC** **: Council Directive of 21 December 1977 on the approximation of the laws of the**
**Member States relating to the interior fittings of motor vehicles (identification of controls,** **tell-**
**tales and indicators) (OJ L** **81,28/03/78)**

Transposition

B DK EL IRL NL UK

**Dir. 78/316** 30/06/79

**78/317/EEC** **: Council Directive of 21 December 1977 on the approximation of the laws of the**
**Member States relating to the defrosting and demisting systems of glazed surfaces of motor**
**vehicles (OJ L** **81,28/03/78)**

Transposition

**D**

**I**

EL

I

L

I

**DK**

**I**

E

I

F

I

IRL

I

i

I

P

I

UK

I

Comments

NL

I

I Dir. 78/317 130/06/79

**B**

**I**

**36.** **78/318/EEC** **: Council Directive of 21 December** **1977** **on the approximation of the laws of the**
**Member States relating to the wiper and washer systems of motor vehicles (OJ L** **81,28/03/78)**

Transposition

**D**

**I**

**DK**

**I**

EL

1

F

1

P

1

E

1

IRL

1

1

1

NL

1

UK

1

L

1

Comments

| Dir. 78/318 101/07/79

**B**

**I**

**37.**

**38.**

**39.**

**78/932/EEC** **: Council Directive of 16 October 1978 on the approximation of the laws of the**
**Member States relating to head restraints of seats of motor vehicles (OJ L** 325, **20/11/78)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Transposition

**78/548/EEC : Council Directive of 12 June** **1978** **on the approximation of the laws of the Mem-**
**ber States relating to heating systems for the passenger compartment of motor vehicles**
**(OJL** **168,** **26/06/78)**

Transposition

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

IRL

1

L

1

1

1

P

1

UK

1

NL

1

Comments

I Dir. 78/548 117/12/79

**B**

**1**

**78/549/EEC** **: Council Directive of 12 June 1978 on the approximation of the laws of the Mem-**
**ber States relating to the wheel guards of motor vehicles** (OJ **L** 168, 26/06/78)

Transposition

DK

**I**

D

I

EL

I

F

I

L

1

E

I

IRL

1

1

1

P

1

UK

1

NL

1

Comments

| Dir. 78/549 15/12/79

B

I

DK

I

D

**I**

EL

I

F

I

E

I

L

I

IRL

I

I

I

P

I

NL

I

UK

I

Comments

| Dir. 78/932 119/04/80

B

I

**40.** **78/1015/EEC** **: Council Directive of 23 November** **1978** **on the approximation of the laws of the**
**Member States on the permissible sound level and exhaust system of motorcycles**
(OJL 349, 13/12/78)

Amendments

Accession Treaty / EL
Accession Treaty / E-P

Council Dir. 87/56 (OJ L 24, 27/01/87)
Council Dir. 89/235 (OJ L 98, 11.04.89)

_\~_ measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

Dir. 78/1015 01/10/80

Dir. 87/56 01/10/88

Dir. 89/235 01/10/89

UK

1

1

1

D

1

1

1

EL

1

1

1

P

1

1

1

ANNEX2 115

Comments

B

I

I

I

DK

I

1

1

NL

1

1

1

E

1

1

1

F

1

1

1

L

1

1

1

1

1

1

1

IRL

1

1

1

**41.** **80/780/EEC** **: Council Directive of 22 July 1980 on the approximation of the laws of the Mem-**
**ber** **States** **relating to rear-view mirrors for** **two-wheeled** **motor vehicles with or without a** **side-**
**car** **and** **to their fitting on such vehicles (OJ** **L** **229,** **30/08/80)**

Amendments

Accession Treaty / E-P
Council Dir. 80/272 (OJ L 375, 31/12/80)

Transposition

D

1

NN

E

1

NN

F

1

NN

IRL

1

NN

1

1

NN

NL

1

NN

P

1

NN

UK

1

NN

Comments

L

1

NN

DK

1

NN

EL

1

1

B

1

NN

I Dir. 80/780

I Dir. 80/272

25/01/82

31/12/80

**42.** **80/1268/EEC** **: Council Directive of 16 December** **1980** **on the approximation of the laws of the**
**Member States relating to the fuel consumption of motor vehicles (OJ L 375, 31/12/80)**

Adaptation to technical progress

Commission Dir. 89/491 (OJ L238,15/08/89)

Transposition

D

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

NL

1

1

P

1

1

UK

1

1

Comments

L

1

1

DK

1

1

B

1

1

Dir. 80/1268

Dir. 89/491

30/06/82

01/01/90

**43.** **80/1269/EEC** **: Council Directive of 16 December 1980 on the approximation of the laws of the**
**Member States relating to the engine power of motor vehicles (OJ L 375,** **31/12/80)**

Adaptation to technical progress

Commission Dir. 88/195 (OJ L 92, 09/04/88)
Commission Dir. 89/491 (OJ L 238,15/08/89)

Transposition

D

1

1

1

DK

1

1

1

EL

1

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

1

1

1

1

NL

1

1

1

P

1

1

1

UK

1

1

1

L

1

1

1

Comments

B

1

1

1

Dir. 80/1269

Dir. 88/195

Dir. 89/491

30/06/82

01/04/88

01/01/90

**44.** **88/77/EEC** **: Council Directive of 3 December 1987 on the approximation of the laws of the**
**Member States relating to the measures to be taken against the emission of gaseous pollut-**
**ants from diesel engines for use in vehicles (OJ L** **36,** **09/02/88)**

Amendments

Council Dir. 91/542 (OJ L 295, 25/10/91)

Transposition

E

1

1

D

1

1

EL

1

1

F

1

1

IRL

1

1

DK

1

1

P

1

1

UK

1

1

1

1

1

NL

1

1

Comments

L

1

1

B

I

1

Dir. 88/77

Dir. 91/542

01/07/88

01/01/92

1= measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

116 ANNEX2

**45.** **89/297/EEC : Council Directive of 13 April 1989 on the approximation of the laws of the Mem-**
**ber States relating to the lateral protection (side guards) of certain motor vehicles and their**
**trailers (OJ L** **124,** **05/05/89)**

Transposition

**DK**

1

E

1

**D**

**1**

EL

1

P

1

F

1

IRLJ 1

1 | 1

NL

1

UK

1

L

1

Comments

| Dir. 89/297 130/10/89

**B**

I

**46.** **89/459/EEC : Council Directive of 18 July 1989 on the approximation of the laws of the Mem-**
**ber** **States** **relating to the tread depth of** **tyres** **of certain categories of motor vehicles and their**
**trailers (OJ** **L** **226,** **03/08/89)**

Transposition

**DK**

Nl

**D**

Nl

EL

Nl

E

Nl

F | IRL

I I I

I I L
Nl | i

P

I

UK j Comments
' i

NL

I

I Dir. 89/459 01/01/92

**B**

Nl

**47.** **91/226/EEC** **: Council Directive of 27 March 1991 on the approximation of the laws of the**
**Member States relating to the spray-suppression systems of certain categories of motor vehi-**
**cles and their trailers (OJ L** **103,** **27/03/91)**

Transposition

**DK**

I

**D**

Nl

1

1

E

1

F

1

IRL

1

P

1

UK

1

NL

1

L

1

Comments

I Dir. 91/226 110/04/92

**B**

I

EL

1

**48.** **92/6/EEC** **: Council Directive of 10 February 1992 on the installation and use of speed limita-**
**tion devices for certain categories of motor vehicles in the Community (OJ L 57, 02/03/92)**

Transposition

NL P UK Comments

| Dir. 92/6 101/10/93

**B** **DK** **D** EL E F IRL I L

I

**49.** **92/21/EEC** **: Council Directive of 31 March 1992 on the masses and dimensions of motor**
**vehicles of category** **M1** **(OJ L** **129,14/05/92)**

Transposition

**DK**

I

E

I

F

I

IRL

I

**D**

I

EL

I

I

J

L

I

NL

I

P

I

UK

I

Comments

| Dir. 92/21 101/07/92

**B**

I

**50.** **92/22/EEC** **: Council Directive of 31 March 1992 on safety glazing and glazing materials on**
**motor vehicles and their trailers (OJ L** **129,14/05/92)**

Transposition

**DK**

I

**D**

I

EL

I

E

I

F

I

IRL

I

I

I

L

I

P

I

UK

I

NL

I

Comments

I Dir. 92/22 01/07/92

**B**

I

**51.** **92/23/EEC** **: Council Directive of** **31** **March 1992 relating to tyres for motor vehicles and their**
**trailers and to their fitting (OJ L** **129,14/05/92)**

Transposition

**DK**

I

**D**

1

EL

1

E

1

F

1

IRL

1

L

1

1

1

NL

1

P

1

UK

1

Comments

I Dir. 92/23 01/07/92

**B**

I

N measures notified; NN measures not incorporated; P= derogation; IR= Infringement proceedings under way, NN* no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX 2** **117**

**52.** **92/24/EEC** **: Council Directive of** **31** **March 1992 relating to speed limitation devices or similar**
**speed limitation** **on-board** **systems of certain categories of motor vehicles (OJ** **L129,14/05/92)**

**Transposition**

**B** **DK** **D** **EL** **F** **IRL** **I** **NL** **UK** **Comments**
**Dir.** **92/24** **101/01/93 I I** **j** **I** **|** **I** **|** **I** **|** **I** **|** **I** **|** **I** **|** **I | I [ I** **|** **I**

**53.** **92/61/EEC** **: Council Directive of 30 June 1992 relating to the type-approval of two or three-**
**wheel motor vehicles (OJ L** **225,10/08/92)**

**Transposition**

DK D EL

1

E

1

1 L

1

NL

1

F IRL

1

P UK Comments

I Dir. 92/61 101/01/94

B

**1**

**54.** **92/114/EEC** **: Council Directive of 17 December 1992 relating to the extemal projections** **for-**
**ward of the** **cab's** **rear panel of motor vehicles of category N (OJ L 409, 31/12/92)**

Transposition

**DK**

**1**

F

1

NL

1

UK

1

Comments

L

1

**D**

**Nl**

EL

1

E

1

IRL

1

1

1

P

1

I Dir. 92/114 101/06/93

**B**

**Nl**

_**2A&**_ _**];[**_ **< Agricultural apd** **forestry tractors**

**1.** **74/150/EEC** **: Council Directive of 4 March** **1974** **on the approximation of the laws of the Mem-**
**ber States relating to the type-approval of wheeled** **agricultural** **or forestry tractors**
**(OJ L** **84,** 28/03/74)

Amendments

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 79/694 (OJ L 205, 13/08/79)

Council Dir. 82/890 (OJ L 378, 31/12/82)
Council Dir. 88/297 (OJ L 126, 20/05/88)

Transposition

Dir. 74/150

Dir. 79/694

Dir. 82/890

Dir. 88/297

_._

06/09/75

27/01/81

21/06/84

31/12/88

**B**

**1**

**1**

**1**

**1**

DK

**1**

1

**1**

1

E

1

1

1

1

F

1

1

1

1

1

1

1

1

1

Comments

L

1

1

1

1

D

1

1

1

1

EL

1

1

1

1

IRL

1

1

1

1

NL

1

1

1

1

P

1

1

1

1

UK

1

1

1

1

**2.** **74/151/EEC** : **Council Directive of 4 March 1974 on the approximation of the laws of the Mem-**
**ber States relating to certain parts and characteristics of wheeled** **agricultural** **or forestry**
**tractors** (OJ L **84, 28/03/74)**

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

Adaptation to technical progress

Commission Dir. 887410 (OJ L 200, 26707/88)

E

1

1

1

F

1

1

1

DK

I

I

I

EL

1

1

1

IRL

1

1

1

D

I

I

1

1

1

1

1

NL

1

1

1

P

1

1

1

L

1

1

1

UK

1

1

1

Comments

B

I

I

I

Dir. 74/151

Dir. 82/890

Dir. 88/410

06/09/75

21/06/84

30/09/88

I* measures notified; NN measures not Incorporated; D= dérogation; IR= infringement proceedings under way NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

118 ANNEX2

**74/152/EEC** **: Council Directive of 4 March** **1974** **on the approximation of the laws of the Mem-**
**ber States relating to the maximum design speedof and load platforms for wheeled agricul-**
**tural or forestry tractors (OJ** **L 84,28/03/74)**

**Amendments**

**Council** **Dir.** **82/890 (OJ L** **378,** **31/12/82)**

Transposition

Adaptation to technical progress

Commission Dir. 887412 (OJ L 200, 26707/88)

DK

I

I

I

1

1

1

1

NL

1

1

1

P

1

1

1

UK

1

1

1

L

1

1

1

D

I

I

I

EL

I

I

1

E

1

1

1

F

1

1

1

IRL

1

1

1

Comments

B

I

I

I

Dir. 74/152

Dir. 82/890

Dir. 88/412

06/09/75

21/06/84

30/09/88

**74/346/EEC** **: Council Directive of 25 June** **1974** **on the approximation of the laws of the Mem-**
**ber States relating to rear-view mirrors for** **wheeled** **agricultural or forestry tractors**
**(OJL 191,15/07/74)**

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

           
Dir. 74/346 01/01/76

Dir. 82/890 21/06/84

B

I

I

DK

I

I

D

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

NL

1

1

UK

1

1

L

1

1

P

1

1

Comments

**74/347/EEC** **: Council Directive of 25 June 1974 on the approximation of the laws of the Mem-**
**ber States relating to the field of vision and windscreen wipers for wheeled agricultural or**
**forestry tractors (OJ L** **191,15/07/74)**

Amendments Adaptation to technical progress

Council Dir. 82/890 (OJ L 378, 31/12/82) Commission Dir. 79/1073 (OJ L 331, 27/12/79)

Transposition

1

1

1

1

DK

1

1

1

D

1

1

1

EL

1

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

L

1

1

1

NL

1

1

1

P

1

1

1

UK

1

1

1

Comments

B

1

1

1

Dir. 74/347

Dir. 79/1073

Dir. 82/890

01/01/76

30/04/80

21/06/84

**6.** **75/321/EEC** **: Council Directive of 20 May 1975 on the approximation of the laws of the Mem-**
**ber States relating to the steering equipment of wheeled agricultural or forestry tractors**
**(OJ L** **147,** **09/06/75)**

Amendments Adaptation to technical progress

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

Commission Dir. 88/411 (OJ L 200, 26/07/88)

DK

I

I

I

D

1

1

1

EL

1

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

1

1

1

1

NL

1

1

1

P

1

1

1

L

1

1

1

UK

1

1

1

Comments

B

I

I

I

Dir. 75/321

Dir. 82/890

Dir. 88/411

21/11/76

21/06/84

30/09/88

**75/322/EEC** **: Council Directive of** **20** **May 1975 on the approximation of the** **laws** **of the Mem-**
**ber States relating to the suppression of radio interference produced by** **spark-Ignition**
**engines fitted to wheeled agricultural or forestry tractors (OJ L 147, 09/06/75)**

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

*»

Transposition

Dir. 75/322 21/11/76

Dir. 82/890 21/06/84

UK

1

1

ANNEX2 119

Comments

P

1

1

B

**1**

**1**

DK

**1**

**1**

D

1

1

EL

1

1

E

1

1

NL

1

1

F

1

1

1

1

1

IRL

1

1

L

1

1

**8.**

**9.**

**76/432/EEC** **: Council Directive of 6 April 1976 on the approximation of the laws of the Member**
**States relating to the braking devices of wheeled agricultural or forestry tractors**
**(OJ L 122,** 08/05/76)

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

**76/763/EEC** **: Council Directive of 27 July** **1976** **on the** **approximationof** **the laws of the Member**
**States relating to passenger seats for wheeled agricultural or forestry tractors**
**(OJL** 262, 27/09/76)

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

E

1

1

DKl D

**1** **1** **>**

**I I I "**

EL

1

1

F

1

1

IRL

1

1

1

1

1

NL

1

1

UK

1

1

L

1

1

P

1

1

Comments

**B**

**1**

**1**

Dir. 76/432

Dir. 82/890

01/01/77

21/06/84

DK

**1**

1

EL

1

1

D

1

1

E

1

1

F

1

1

IRL

1

1

NL

1

1

L

1

1

1

1

1

P

1

1

UK

1

1

Comments

B

**1**

1

Dir. 76/763

Dir. 82/890

03/02/78

21/06/84

**10.** **77/311/EEC** **: Council Directive of 29 March 1977 on the approximation of the laws of the**
**Member States relating to the driver-perceived noise level of wheeled agricultural or forestry**
**tractors** (OJ L 105, 28/04/77)

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

DK

**I**

**I**

D

I

I

EL

I

I

E

I

I

IRL

I

I

L

I

I

F

I

I

I

I

I

NL

I

I

UK

I

I

P

I

I

Comments

B

I

**I**

Dir. 77/311

Dir. 82/890

01/10/78

21/06/84

**11.** **77/536/EEC : Council Directive of 28 June** **1977** **on the approximation of the laws of the Mem-**
**ber States relating to the roll-over protection structures of wheeled agricultural or forestry**
**tractors** (OJ L 220, 28/08/77)

Amendments

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 89/680 (OJ L 398, 30/12/89)

Transposition

E

1

1

DK

1

1

F

1

1

IRL

1

1

L

1

1

D

1

1

EL

1

1

1

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

I

1

Dir. 77/536

Dir. 89/680

30/12/78

03/01/91

1= measures notified; NN measures not incorporated; D= derogation; IR= Infringement proceedings under way, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

120 ANNEX2

**12.** **77/537/EEC : Council Directive of 28 June 1977 on the approximation of the laws of the Mem-**
**ber States relating to the measures to be taken against the emission of pollutants from diesel**
**engines for use in wheeled agricultural or forestry tractors** (OJ L **220,** 28/08/77)

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

DK

**I**

I

D

I

I

EL

I

1

E

1

1

F

1

1

IRL

1

1

1

1

1

NL

1

1

P

1

1

UK

1

1

L

1

1

Comments

B

I

**I**

Dir. 77/537

Dir. 82/890

30/12/78

21/06/84

**13.** **78/764/EEC** **: Council Directive of 25 July** **1978** **on the approximation of the laws of the Mem-**
**ber States relating to the** **driver*** **s seat on wheeled agricultural or forestry tractors**
(OJL **255,** 18/09/78)

Amendments Adaptation to technical progress

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

Commission Dir. 83/190 (OJ L 109, 26/04/83)
Commission Dir. 88/465 (OJ L 228, 17/08/88)

DK

**I**

**I**

I

**I**

D

I

I

I

I

I

I

I

I

I

EL

I

I

I

I

E

I

I

I

I

F

I

I

I

I

IRL

I

I

I

I

UK

I

I

I

I

L

I

I

I

I

NL

I

I

I

I

P

I

I

I

I

Comments

B

I

**I**

I

**I**

Dir. 78/764

Dir. 82/890

Dir. 83/190

Dir. 887465

29/01/80

21/06/84

30/09/83

30/09/88

**14.**

**15.**

**79/532/EEC** **: Council Directive of 17 May** **1979** **on the approximation of the laws of the Mem-**
**ber States relating to the component type-approval of lighting and light-signalling devices on**
**wheeled agricultural or forestry tractors** (OJ L 145,13/06/79)

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

**78/933/EEC : Council Directive of 17 October 1978 on the approximation of the laws of the**
**Member States relating to the installation of lighting and light-signalling devices on wheeled**
**agricultural and forestry tractors** (OJ L 325, 20/11/78)

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

Transposition

EL

I

I

DK

I

**I**

D

I

I

E

I

I

F

I

I

IRL

1

1

1

1

1

L

1

1

NL

1

1

UK

1

1

P

1

1

Comments

B

**I**

**I**

Dir. 78/933

Dir. 82/890

23/04/80

21/06/84

DK

I

**I**

D

I

I

EL

I

I

E

I

I

F

I

I

IRL

I

I

I

I

I

L

I

I

NL

I

I

P

I

I

UK

I

I

Comments

B

I

I

Dir. 79/532

Dir. 82/890

22/11/80

21/06/84

16. **79/533/EEC : Council Directive of 17 May** **1979** **on the approximation of the laws of the Mem-**
**ber States relating to the coupling device and the reverse of wheeled agricultural or forestry**
**tractors** (OJ L 145, 13/06/79)

Amendments

Council Dir. 82/890 (OJ L 378, 31/12/82)

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

Transposition

DK

**I**

**I**

D

I

I

EL

I

I

E

I

1

F

1

1

IRL

1

1

UK

1

1

ANNEX 2 121

Comments

1

1

1

P

1

1

NL

1

1

L

1

1

B

I

I

Dir. 79/533

Dir. 82/890

22/11/80

21/06/84

17.

18.

19.

**20.**

**86/298/EEC : Council Directive of 26 May 1986 on rear-mounted roll-over protection structures**
**of narrow-track wheeled agricultural and forestry tractors** (OJ L 186, 08/07/86)

Amendments

Council Dir. 89/682 (OJ L 398, 30/12/89)

Transposition

**79/622/EEC** **: Council Directive of 25 June** **1979** **on the approximation of the laws of the Mem-**
**ber States relating to the roll-over protection structures of wheeled agricultural or forestry**
**tractors (static testing) (OJ L** **179,17/07/79)**

Amendments

Accession Treaty / E-P

Transposition

Adaptation to technical progress

Commission Dir. 82/953 **(OJ L 386, 31/12/82)**
Commission Dir 88/413 (OJ L 200, 26707/88)

DK

**1**

**1**

**1**

D

1

1

1

EL

1

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

1

1

1

1

L

1

1

1

NL

1

1

1

P

1

1

1

UK

1

1

1

Comments

B

**1**

**1**

**1**

Dir. 79/622

Dir. 82/953

Dir. 88/413

28/12/80

30/09/83

30/09/88

**80/720/EEC** **: Council Directive of 24 June 1980 on the approximation of the laws of the Mem-**
**ber States relating to the operating space, access to the driving position and the doors and**
**windows of wheeled agricultural or forestry tractors** (OJ **L** **194,** 28/07/80)

Amendments Adaptation to technical progress

Council Dir. 82/890 (OJ L 378, 31/12/82) Commission Dir. 88/414 (OJ L 200, 26/07/88)

Transposition

DK

**1**

**1**

1

D

1

1

1

EL

1

1

1

E

1

1

1

F

1

1

1

IRL

1

1

1

1

1

1

1

L

1

1

1

NL

1

1

1

UK

1

1

1

P

1

1

1

Comments

B

**I**

**1**

**1**

Dir. 80/720

Dir. 82/890

Dir. 88/414

27/12/81

21/06/84

30/09/88

**86/297/EEC : Council Directive of 26 May** **1986** **on the approximation of the laws of the Mem-**
**ber States relating to the power take-offs of wheeled agricultural and forestry tractors and**
**their protection** (OJ **L** 186, 08/07/86)

Transposition

DK

**I**

**D**

**I**

EL

I

F

I

E

I

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

Dir. 86/297 02/12/87

B

**I**

DK

I

I

D

I

I

EL

I

I

E

I

I

F

I

I

IRL

I

I

I

I

I

L

I

I

NL

I

I

P

I

I

UK

I

I

Comments

B

I

I

Dir. 86/298

Dir. 89/682

02/12/87

03/01/91

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE _COMMUNITY INTERNAL MARKET -1993 REPORT_

**122** ANNEX 2

**21.** **86/415/EEC** **: Council Directive of 24 July 1986 on the installation, location, operation and**
**identification of the controls of wheeled agricultural or forestry tractors (OJ** **L240,26/08/86)**

Transposition

DK D EL IRL NL UK Comments

I **Dir. 86/415** 101/10/87

22. **87/402/EEC** **: Council Directive of 25 June 1987 on** **roll-over** **protection structures mounted** **In**
**front of the** **driver*** **s seat on narrow-track wheeled agricultural and forestry tractors**

(OJ **L** 220, 08/08/87)

Amendments

Council Dir. 89/681 (OJ L 398, 30/12/89)

Transposition

DK

I

**I**

D

I

I

EL

I

I

IRL

1

1

1 1 L
i l l
1 1 1

1

1

E

I

1

F

1

1

NL

UK

1

1

Comments

B

**I**

I

Dir. 87/402

Dir. 89/681

26/06/89

03/01/91

P

1

1

23. **89/173/EEC : Council Directive of 21 December 1988 on the approximation of the laws of the**
**Member States relating to certain components and characteristics of wheeled agricultural or**
**forestry tractors** (OJ L 67,10/03/89)

Transposition

DK

I

EL

I

D

I

E

I

IRL

I

L

I

F

I

I

I

NL

I

P

I

UK

I

Comments

| Dir. 89/173 31/12/89

B

I

N measures notified; NN measures not incorporated; **D=** **derogation;** **IR= infringement proceedings** **underway;** **NN= no measures necessary |**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

ANNEX2 123

**2,1>7.** **îÉHSrrnacëutïcaïs!**

**1.** **65/65/EEC: Council Directive of 26 January 1965 on the approximation of provisions laid**
**down by law, regulation or administrative action relating to proprietary medicinal products**
(OJ **L** 22, 09/02/65)

Derogations

Accession Treaty / DK-IRL-UK

Amendments

Council Dir. 66/454 (OJ L 144, 05/08/66)
Council Dir. 75/319 (OJ L 147, 09/06/75
Council Dir. 83/570 (OJ L 332, 28/11/83)
Council Dir. 87/21 (OJ L 15, 17/01/87)
Council Dir. 89/341 (OJ L 142, 25/05/89)

Transposition

Council Dir. 89/342 (OJ L 142, 25/05/89)
Council Dir. 89/343 (OJ L 142, 25/05/89)
Council Dir. 89/381 (OJ L 181, 28706/89)
Council Dir. 92727 (OJ L 113, 30/04/92)
Council Dir. 92/73 (OJ L 297, 13/10/92)

DK

1

1

1

1

1

1

1

**1**

1

D

1

1

1

1

1

1

1

1

IR

EL E F

IR

IRL 1

1

1

1

1

1

1

1

1

1

L NL

IR

1

P

IR

UK

1

1

1

1

1

1

1

1

1

Comments

NL: draft MNE notified (/)
D: draft MNE notified

B-L: draft MNE notified

B

I

I

I

I

1

1

1

IR

**1**

Dir. 65/65

Dir. 75/319

Dir. 83/570

Dir. 87/21

Dir. 89/341

Dir. 89/342

Dir. 89/343

Dir. 89/381

Dir. 92/27

Dir. 92/73

31/12/66

21/11/76

31/10/85

01/07/87

01/01/92

01/01/92

01/01/92

01/01/92

01/01/93

31/12/93

2. **75/318/EEC** **: Council Directive of 20 May** **1975** **on the approximation of the laws of Member**
**States relating to analytical,** **pharmaco-toxicological** **and clinical standards and protocols in**
**respect of the testing of proprietary medicinal products** (OJ L 147, 09/06/75)

Amendments

Council Dir. 83/570 (OJ L 332, 28/11/83)
Council Dir. 87/19 (OJ L 15, 17/01/87)

Transposition

Council Dir. 89/341 (OJ L 142, 25/05/89)
Commission Dir. 91/507 (OJ L 270, 26/09/91)

DK

**1**

1

**1**

**1**

**1**

D

1

1

1

1

1

EL E F

1

1

1

1

IR

IRL L NL P UK

1

1

1

1

1

Comments

F: draft MNE notified

B

I

**I**

I

**1**

**1**

Dir. 75/318

Dir. 83/570

Dir. 87/19

Dir. 89/341

Dir. 91/507

21/11/76

31/10/85

01/07/87

01/01/92

01/01/92

**75/319/EEC** **: Second Council Directive of 20 May 1975 on the approximation of provisions**
**laid down by law, regulation or administrative action relating to proprietary medicinal prod-**
**ucts** (OJ **L** 149, 09/06/75)

Deroqationss

Council Dir. 89/342 (OJ L 142, 25/05/89)
Council Dir. 89/343 (OJ L 142, 25/05/89)

Amendments

Council Dir. 78/420 (OJ L 123, 11/05/78)
Council Dir. 83/570 (OJ L 332, 28/11/83)
Council Dir. 89/341 (OJ L 142, 25/05/89)
Council Dir. 89/342 (OJ L 142, 25/05/89)

( ) MNE= national implementing measures

Council Dir. 89/343 (OJ L 142, 25/05/89)
Council Dir. 89/381 (OJ L 181, 28/06/89)
Council Dir. 92/27 (OJ L 113, 30/04/92)
Council Dir. 92/73 (OJ L 297, 13/10/92)

N measures notified; NN measures not incorporated; P= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

124 ANNEX 2

Transposition

Dir. 75/319 21/11/76

Dir. 83/570 31/10/85

Dir. 89/341 01/01/92

Dir. 89/342 01/01/92

Dir. 89/343 01/01/92

Dir. 89/381 01/01/92

Dir. 92/27 01/01/93

Dir. 92/73 31/12/93

IRL L NL

IR

I

B

IR

I

DK D

IR

UK Comments

NL draft MNE notified

D: draft MNE notified

B-L- draft MNE notified

EL E F

IR

P

IR

78/25/EEC : Council Directive of 12 December 1977 on the approximation of **the** laws of the
Member States relating to the colouring matters which may be added to medicinal products
(OJL 11,14/01/78)

Amendments

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 81/464 (OJ L 183, 04/07/81)

Transposition

DK

1

1

EL

1

1

IRL

1

1

D

1

1

E

1

1

F

1

1

1

1

1

NL

1

1

P

1

1

L

1

1

UK

1

1

Comments

B

1

1

Dir. 78/25

Dir. 81/464

15/06/79

01/10/81

81/851/EEC : Council Directive **of** **28** September **1981** on the approximation of the laws of the
Member States relating to veterinary medicinal products (OJ L 317, 06/11/81)

Amendments

Council Dir. 90/676 (OJ L 373, 31/12/90)
Council Dir. 90/677 (OJ L 373, 31/12/90)
Council Dir. 92/74 (OJ L 297, 13/10/92)

Transposition

DK

1

1

1

EL

1

1

1

D

1

IR

IR

E

1

IR

1

IRL

1

IR

IR

L

1

1

1

F

1

1

1

1

1

1

1

NL

1

IR

1

1

P

1

IR

IR

UK

1

IR

1

Comments

D: partial transposition;
D-IRL-NL-UK: draft MNE
notified

D: draft MNE notified

B-L: draft MNE notified

B

I

1

1

Dir. 81/851

Dir. 90/676

Dir. 90/677

Dir. 92/74

09/10/83

01/01/92

01/04/93

31/12/93

81/852/EEC : Council Directive of 28 September 1981 on the approximation of the laws of the
Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of veterinary medicinal products (OJ L 317, 06/11/81)

Amendments

Council Dir. 87/20 (OJ L 15, 17/01/87)
Commission Dir. 92/18 (OJ L 97, 10/04/92)

Transposition

DK

1

1

1

F

1

1

IR

IRL

1

1

IR

D

1

1

1

EL

1

1

IR

E

1

1

IR

1

1

1

1

L

1

1

IR

NL

1

1

IR

P

1

1

IR

UK

1

1

1

Comments

E-F: draft MNE notified

B

1

1

1

Dir. 81/852

Dir. 87/20

Dir. 92/18

09/10/83

01/07/87

01/04/93

1= measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET                             - 1993 REPORT

**8.**

**9.**

**10.**

ANNEX2 125

**87/22/EEC** **: Council Directive of 22 December 1986 on the approximation of national meas-**
**ures relating to the placing on the market of high-technology medicinal products, particularly**
**those** **derived** **from biotechnology (OJ L** **15,17/01/87)**

Transposition

**DK** **EL** **IRL** **NL** **UK** Comments

**Dir. 87/22** 01/07/87

**89/105/EEC** **: Council Directive of** **21** **December** **1988** **relating to the transparency of measures**
**regulating the pricing of medicinal products for human use and their inclusion in the scope**
**of national health insurance systems (OJ** **L40,11/02/89)**

**91/356/EEC:** **Commission Directive of 13 June 1991 laying down the principles and**
**guidelines of good manufacturing practice for medicinal products for human use**
**(OJL 193,17/07/91)**

Transposition

DK EL IRL I NL UK Comments

**Dir. 91/356** 101/01/92

Transposition

| **Dir. 89/105** **1** 31/12/89

DK **EL** **IRL** NL UK Comments

**2377/90 (EEC) : Council Regulation of 26 June 1990 laying down a Community procedure for**
**the establishment of maximum residue limits of veterinary medicinal products in foodstuffs**
**of animal origin (OJ L** **224,18/08/90)**

Amendments

**Commission** **Reg.** 675/92 (OJ L 73, 19/03/92)
Commission Reg. 762/92 (OJ L 83, 23/03/92)
Commission Reg. 3093/92 (OJ L 311, 28/10/92)

Commission Reg. 895/93 (OJ L 93, 17/04/93)
Council Reg. 2901/93 (OJ L 264, 23/10/93)

**11.** **91/412/EEC** **: Commission Directive of 23 July 1991 laying down the principles and guidelines**
**of good manufacturing practice for veterinary medicinal product** (OJ L 228,17/08/91)

Transposition

Comments

D-E-UK draft MNE
notified

DK

Nl

IRL

Nl Nl

NL

Nl Nl

UK

Nl

**Dir. 91/412** 23/07/93

B

Nl

EL

Nl Nl Nl

**12.** **92/25/EEC** **: Council Directive of 31 March 1992 on the wholesale distribution of medicinal**
**products for human use** (OJ **L** **113,** 30/04/92)

Transposition

EL

IR IR

IRL NL

_\_ **Dir.** **92/25** 101/01/93

B DK

IR IR

IR

UK Comments

D-E: draft MNE notified

**13.** **92/26/EEC** **: Council Directive of** **31** **March** **1992** **concerning the classification for the supply of**
**medicinal products for human use (OJ L 113, 30/04/92)**

Transposition

B DK

EL

IRL NL

IR

**Dir. 92/26** 01/01/93

IR

IR

UK Comments

D: draft MNE notified

N measures notified; NN measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**126** **ANNEX2**

**14.** **92/27/EEC** **: Council Directive of 31 March 1992 on the labelling of medicinal products for**
**human use and on package leaflets** (OJ **L113,** **30/04/92)**

Transposition

B DK| D | EL j E | F J IRL | I NL P UK Comments

I Dir. 92/27 101/01/93 | I | I **IR** **I** **I** **I** **I IR** **I** **I** **I** **I IR** **I** **IR I** **I** **D: draft MNE notified**

**16.** **92/28/EEC** **: Council Directive of 31 March 1992 on the advertising of medicinal products for**
**human use** (OJ **L 113,** 30/04/92)

Transposition

**DK**

**EL**

Comments

**B: partial** **transposition;** **D-**
**E-F: draft MNE notified**

**Dir. 92/28** **01/01/93** **IR**

**IR**

**IR** **IR**

**IRL** **NL**

**IR** **IR**

**UK**

**IR**

**2.1.8.** **Chemical products**

**2,1.8-1,** **Dangerous substances and preparations**

**1.** **Dir. 67/548/EEC : Council Directive of 27 June 1967 on the approximation of laws, regulations**
**and administrative provisions relating to the classification, packaging and labelling of** **dan-**
**gerous substances** (OJ **L** 196,16/08/67)

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 69/81 (OJ L 68, 19/03/69)
Council Dir. 70/189 (OJ L 59, 14/03/70)
Council Dir. 71/144 (OJ L 74, 29/03/71)

Adaptation to technical progress

Council Dir. 73/146 (OJ L 167, 25/06/73)
Council Dir. 75/409 (OJ L 183, 14/07/75)
Council Dir. 79/831 (OJ L259, 15/10/79)
Council Dir. 80/1189 (OJ L 366, 31/12/80)
Council Dir. 92/32 (OJ L 154, 05/06/92)

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Implementation

76/907 (OJ L 360, 30/12/76)
79/370 (OJ L 88, 07/04/79)
81/957 (OJ L 351,07/12/81)
82/232 (OJ L 106, 21/04/82)
83/467 (OJ L 257, 16/09/83)
84/449 (OJ L251, 19/09/84)
86/431 (OJ L 247, 01/09/86)
87/302 (OJ L 133, 30/05/88)
87/432 (OJ L 239, 21/08/87)

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

Commission Dir.

88/490 (OJ L 259, 19/09/88)
90/517 (OJL 287, 19/10/90)
91/325 (OJ L 180, 08/07/91)
91/326 (OJ L 180, 08/07/91)
91/410 (OJL 228, 17/08/91)
91/632 (OJ L 338, 10/12/91)
92/37 (OJ L 154, 05/06/92)
92/69 (OJ L 383, 29/12/92)
93/101 (OJL 13, 15/01/94)

Commission Dec. 85/71 (OJ L 30, 02/02/85)
Commission Dec. 90/420 (OJ L 222, 17/08/90)

Transposition

DK

1

1

NN

NN

1

1

1

1

1

NN

1

1

EL

1

1

NN

NN

1

1

1

1

1

NN

1

1

E

1

Nl

NN

NN

1

Nl

Nl

Nl

1

NN

Nl

Nl

D

1

1

NN

NN

1

1

1

1

1

NN

1

1

IRL

1

1

1

1

1

1

1

1

1

NN

1

1

F

1

1

NN

NN

1

1

1

1

1

NN

1

1

1

1

1

NN

NN

1

1

1

1

1

NN

1

1

NL

1

1

NN

NN

1

1

1

1

1

NN

1

1

P

1

1

NN

NN

1

1

1

1

1

NN

1

1

L

1

1

NN

NN

1

1

1

Nl

1

NN

1

1

UK

1

1

NN

NN

1

1

1

1

1

NN

1

1

Comments

Dir. 67/548

Dir. 69/81

Dir. 70/189

Dir. 71/144

Dir. 73/146

Dir. 75/409

Dir. 76/907

Dir. 79/370

Dir. 79/831

Dir. 80/1189

Dir. 81/957

Dir. 82/232

01/01/72

01/01/71

**-**

**-**

24/11/73

01/06/76

01/05/77

31/12/80

20/09/81

**-**

31/12/82

31/12/82

B

I

I

NN

NN

I

I

1

1

1

NN

1

1

measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way, **NN=** **no** measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2 **127**

IR

1

IR

IR

1

1

1

**1**

**1**

**1**

**1**

**1**

**1**

**1**

**1**

IR

**1**

1

1

1

1

1

1

1

1

1

IR

IR

IR

IR

1

1

Nl

1

Nl

Dir. 83/467

Dir. 84/449

Dir. 86/431

Dir. 87/302

Dir. 87/432

Dir. 88/490

Dir. 90/517

Dir. 91/325

Dir. 91/326

Dir. 91/410

Dir. 91/632

Dir. 92/32

Dir. 92/37

Dir. 92/69

Dir. 93/101

01/01/86

01/07/85

31/12/87

31/12/88

01/04/88

01/01/90

07/06/91

08/06/91

01/07/92

01/08/92

01/07/93

31/10/93

01/11/93

30/10/93

I

I

**1**

1

1

1

IR

IR

IR

IR

Nl

1

1

1

1

1

1

IR

IR

IR

IR

Nl

1

1

1

1

1

1

1

IR

IR

IR

IR

Nl

1

1

1

1

1

1

IR

IR

IR

IR

Nl Nl

IR

1

IR

IR

IR

IR

IR

1

**73/173/EEC** **: Council Directive of 4 June 1973 on the approximation of Member States' laws,**
**regulations and administrative provisions relating to the classification, packaging and label-**
**ling of dangerous preparations (solvents)** (OJ L 189,11/07/73)

Amendments

Council Dir. 79/831 (OJ L 259, 15/10779)
Council Dir. 807781 (OJ L 229, 30/08/80)
Council Dir. 80/1271 (OJ L 375, 31/12/80)

Adaptation to technical progress

Commission Dir. 82/473 (OJ L 213, 21/07/82)

Transposition

Council Dir. 88/379 (OJ L 187, 16/07/88)
Council Dir. 92/32 (OJ L 154, 05/06/92)

DK

1

1

1

NN

1

1

1

D

1

1

1

NN

1

1

1

EL

1

1

1

NN

1

1

E

1

1

1

NN

1

1

F

1

1

1

NN

1

1

IRL

1

1

1

NN

1

1

1

1

1

1

NN

1

1

L

Nl

1 [ s ]

1

NN

1

1

NL

1

1

1

NN

1

1

P

Nl

1

Nl

NN

Nl

1

UK

Ni

1

1

NN

1

IR

1

Comments

B

1

1

1

NN

1

1

Dir. 73/173

Dir. 79/831

Dir. 80/781

Dir. 80/1271

Dir. 82/473

Dir. 88/379

Dir. 92/32

08/12/73

20/09/81

25/07/81

31/12/80

01/07/83

06/06/91

31/10/93

**73/404/EEC** **: Council Directive of 22 November** **1973** **on the approximation of the laws of the**
**Member States relating to detergents** (OJ L 347,17/12/73)

Amendments

Council Dir. 82/242 (OJ L 109, 22/04/82)

Transposition

DK

1

1

D

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

L

1

1

1

1

1

NL

1

1

UK

1

1

P

1

1

Comments

B

1

1

Dir. 73/404

Dir. 82/242

26/05/75

14/10/83

**73/405/EEC : Council Directive of 22 November 1973 on the approximation of the laws of the**
**Member** States relating **to** methods **of** testing the biodegradability of anionic surfactants
(OJL 347, 17/12/73)

Amendments

Council Dir. 82/243 (OJ L 109, 22/04/82)

l« measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

**THE** COMMUNITY INTERNAL MARKET - 1993 REPORT

128 ANNEX2

Transposition

Dir. 73/405 26/05/75

Dir. 827243 14/10/83

B

1

1

DK

1

1

D

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

NL

1

1

P

1

1

UK

1

1

L

1

1

Comments

**76/769/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws, regulations**
**and administrative provisions of the Member States relating to** **restrictions** **on the marketing**
**and use of certain dangerous substances and preparations (OJ L 262, 27/09/76)**

**Amendments**

**Council Dir.**

**Council Dir.**

**Council Dir.**

**Council Dir.**

**Council Dir.**

**Council Dir.**

**Council Dir.**

**79/663 (OJ**
**82/806** **(OJ**
**82/828** **(OJ**
**83/264** **(OJ**
**83/478 (OJ**
**85/467 (OJ**
**85/610(0** **J**

**L 197,** **03/06779)**
**L 339, 01/12/82)**
**L** **350, 10/12/82)**
**L 147, 06/06/83)**
**L 263, 24/09/83)**
**L** **269, 11/10/85)**
**L 375, 31/12/85)**

**Council Dir. 89/677 (OJ L 398, 30/12/89)**
**Council Dir. 89/678 (OJ L 398, 30/12/89)**
**Council Dir. 91/157** **(OJL** **78, 26/03/91)**
**Council Dir.** **91/173(OJL85,** **05/04/91)**
**Council Dir. 91/338** **(OJL** **186, 12/07/91)**
**Council Dir.** **91/339** **(OJ L 186, 12/07/91)**

Adaptation to technical progress

**Commission** Dir. 91/659 (OJ L **363,** 31/12/91)

Transposition

DK

1

1

1

NN

1

1

1

1

1

NN

Nl

IR

IR

1

1

IRL

1

1

1

NN

1

1

1

1

IR

NN

Nl

IR

IR

IR

IR

EL

1

1

1

NN

1

1

1

1

1

NN

Nl

1

IR

1

1

E

1

1

1

NN

1

1

1

1

1

NN

Nl

1

1

1

IR

D

1

1

1

NN

1

1

1

1

1

NN

Nl

1

1

1

IR

F

1

1

1

NN

1

1

1

1

IR

NN

Nl

IR

IR

IR

IR

1

1

1

1

1

1

1

1

1

IR

NN

Nl

IR

IR

IR

IR

NL

1

1

1

NN

1

1

1

1

IR

NN

Nl

IR

IR

1

IR

P

_ _

NN

Nl

IR

IR

IR

IR

UK

1

1

1

NN

1

1

1

1

IR

NN

Nl

1

1

1

1

L

1

1

1

NN

1

1

1

1

IR

NN

Nl

IR

IR

IR

IR

B

I

I

1

NN

1

1

1

1

IR

NN

Nl

1

IR

IR

IR

Comments

F-NL partial transposition

DK-NL partial transposition

NL application of Art.
100a (4) under examin.
NL application of Art.
100a (4) under examin.

Dir. 76/769

Dir. 79/663

Dir. 82/806

Dir. 82/828

Dir. 83/264

Dir. 83/478

Dir. 85/467

Dir. 85/610

Dir. 89/677.

Dir. 89/678

Dir. 91/157

Dir. 91/173

Dir. 91/338

Dir. 91/339

Dir. 91/659

03/02/78

27/07/80

19/11/84

21/03/86

30/06/86

31/12/87

21/06/91

18/09/92

01/07/92

31/12/92

18/06/92

01/01/93

**77/728/EEC** **: Council Directive of 7 November 1977 on the approximation of the laws, regula-**
**tions and administrative provisions of the Member States relating to the classification, pack-**
**aging and labelling of paints, varnishes, printing inks, adhesives and similar products**

**(OJL** 303, 28/11/77)

Amendments

Council Dir. 79/831 (OJ L 259, 15/10/79)
Council Dir. 83/265 (OJ L 147, 06/06/83)
Council Dir. 88/379 (OJ L 187, 16/07/88)
Council Dir. 92/32 (OJ L 154, 05/06/92)

Transposition

Adaptation to technical progress

Commission Dir. **81/916** (OJ **L 342,** **28/11/81)**
Commission Dir. 86/508 (OJ L 295, 18/10/86)
Commission Dir. 89/451 ((OJ **L216,** 27/07/89)

IRL I

1

1

1

1

1

D EL E F

NI

I

I

I

I

L

Nl

1

1

1

1

NL P

Nl

1

Nl

Nl

Nl

UK Comments

B DK

Nl

I

I

I

I

Dir. 77/728

Dir. 79/831

Dir. 81/916

Dir. 83/265

Dir. 86/508

10/11/79

20/09/81

01/07/83

19/05/84

01/06/88

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**(1**

**ANNEX2** **129**

Dir. 88/379
Dir. 89/451
Dir. 92/32

06/06/91
15/10/89
31/10/93

IR

Nl

78/631/EEC : Council Directive of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations
(pesticides) (OJ L 206, 29/07/78)

Adaptation to technical progress

Commission Dir. 84/291 (OJ L 144, 30/05/84)

## **I**

Amendments

Council Dir. 79/831 (OJ L259, 15/10/79)
Council Dir. 81/187 (OJ L 88, 02/04/81)
Council Dir. 92/32 (OJ L 154, 05/06/92)

Transposition

Dir. 78/631

Dir. 79/831

Dir. 81/187

Dir. 84/291

Dir. 92/32

DK

1

1

NN

1

1

F

1

1

NN

1

D

1

1

NN

1

1

EL

1

1

NN

1

E

1

1

I

1

IRL

1

1

NN

1

L

1

1

I

1

NL

1

1

NN

1

UK

1

1

NN

1

1

P

1

1

NN

1

Comments

B

1

1

NN

1

01/01/81

20/09/81

30/04/85

31/10/93

8.

9.

**79/11** 7/EEC : Council Directive of 21 December **1978** prohibiting the placing on the market and
use of plant protection products containing certain active substances (OJ L 33, 08/02/79)

Amendments

81/437/EEC : Commission Decision of 11 May 1981 laying down the criteria in accordance
with which information relating to the inventory of chemical substances is supplied by the
Member States to the Commission (OJ L 167, 24/06/81)

Accession Treaty / EL
Commission Dir. 83/131 (OJ L 91, 09/04/83)
Commission Dir. 85/298 (OJ L 154, 13/06/85)
Council Reg. 85/3768 (OJ L 362, 31/12/85)
Council Dir. 86/214 (OJ L 152, 06/06/86)
Council Dir. 86/355 (OJ L 212, 02/08/86)

Transposition

Council Dir. 87/181 (OJ L 71, 14/03/87)
Commission Dir. 87/477 (OJ L 273, 26/09/87)
Council Dir. 89/365 (OJ L 159, 10/06/89)
Commission Dir. 90/335 (OJ L 162, 28/06/90)
Council Dir. 90/533 (OJ L 296, 27/10/90)
Commission Dir. 91/188 (OJ L 92, 13/04/91)

'

Dir. 79/117

Dir. 83/131

Dir. 85/298

Dir. 86/214

Dir. 86/355

Dir. 87/181

Dir. 87/477

Dir. 89/365

Dir. 90/335

Dir. 90/533

Dir. 91/188

31/12/80

01/10/84

01/01/86

01/07/87

01/01/88

01/01/88

31/12/89

01/01/91

30/09/91

31/03/92

D

I

I

NN

NN

I

I

I

I

I

I

I

EL

I

I

NN

I

1

1

NN

1

1

1

1

DK

I

I

I

NN

I

NN

NN

NN

NN

NN

I

E F

1

1

1

NN

1

NN

1

NN

1

1

1

IRL

1

1

1

NN

1

1

1

1

1

1

1

L

1

1

1

NN

1

1

1

1

1

1

1

1

1

NN

NN

NN

NN

1

NN

NN

1

1

Nl

NL

1

1
T

NN

1

NN

1

1

1

1

1

UK

1

1

1

NN

1

1

1

1

1

1

1

P

1

1

1

NN

1

1

1

1

1

1

1

Comments

B

I

I

NN

NN

I

I

I

I

I

I

I

l= measures notified; Nl= measures not incorporated; D= derogation; IR= Infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**130** **ANNEX2**

**10.** **87/18/EEC** **: Council Directive 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**
**(OJL 15,17/01/87)**

Transposition

**DK**

**I**

**D**

**I**

EL

I

E | F | IRL

« | . | .

I

I

P

I

L

I

NL

I

UK

I

Comments

I Dir. 87/18 130/06/88

**B**

**I**

**11.** **88/320/EEC** **: Council Directive of 9 June 1988 on the inspection and verification of Good**
**Laboratory Practice (GLP) (OJ** **L145,11/06/88)**

Adaptation to technical progress

Commission Dir. 90/18 (OJ L 11, 13/01/90)

Transposition

DK

**1**

**Nl**

D

1

Nl

EL

1

«

E

Nl

Nl

F

1

NI

IRL

1

1

P

1

Nl

UK

Nl

Nl

1

NI

Nl

NL

NN

Nl

Comments

L

1

1

B

**I**

**Nl**

Dir. 88/320

Dir. 90/18

**01/01/89**

**01/07/90**

**12.**

**13.**

**91/157/EEC** **: Council Directive of 18 March** **1991** **on batteries and accumulators containing**
**certain dangerous substances** (OJ **L 78,** 26/03/91) 

Adaptation to technical progress

Commission Dir. 93/86 (JO L 264, 23/10/93)

Transposition

**88/379/EEC** **: Council Directive of 7 June 1988 on the approximation of the laws, regulations**
**and administrative provisions of the Member States relating to the classification, packaging**
**and labelling of dangerous preparations** (OJ L **187,** 16/07/88)

Adaptation to technical progress

Commission Dir. 89/178 (OJ L 64, 08/03/89)
Commission Dir. 90/492 (OJ L 275, 05/10/90)

Transposition

Implementation

Commission Dir. 90/35 (OJ L 19, 24/01/90)
Commission Dir. 91/155 (OJ L 76, 22/03/91)
Commission Dir. 91/442 (OJ L 238, 27/08/91)

"

D EL E F IRL 1

1

1

1

1

1

1

L

1

1

1

1

IR

1

UK

IR

1

1

IR

IR

IR

NL P

1

1

1

1

IR

IR

**B** **DK**

**I**

**I**

**1**

**1**

**IR**

**1**

Comments

.

Dir. 88/379

Dir. 89/178

_Dir._ 90Q5

Dir. 90/492

_Dir._ _91/155_

_Dir. 91/442_

**06/06/91**

**01/12/90**

**31/12/90**

**01/06/91**

**30/05/91**

**01/08/91**

DK

**I**

**I**

IRL

NI

D

Nl

EL

Nl

F

NI

E

Nl

I

NI

L

I

P

Nl

NL

I

I

UK

Nl

Comments

B-NL : partial transposition

B

**Nl**

Dir. 91/157

Dir. 93/86

**18/09/92**

**14.** **594/91** **(EEC) : Council Regulation of 4 March 1991 on substances that deplete the ozone layer**
(OJL 67,14/03/91)

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX2** **131**

_mmm_ fertilizers

**1.** **76/116/EEC** **: Council Directive of 18 December 1975 on the approximation of the laws of the**
**Member States relating to fertilizers (OJ L** **24,** **30/01/76)**

Amendments

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 88/183 (OJ L 83, 29/03/88)

Transposition

Council Dir. 89/284 (OJ L **111,** 22/04/89)
Council Dir. 89/530 (OJ L281, 30/09/89)

P

1

1

1

1

E

1

1

1

1

IRL

1

1

1

1

1

1

1

1

IR

UK

1

1

1

1

Comments

DK

**I**

**I**

**I**

**1**

D

1

1

1

1

EL

1

1

1

1

F

1

1

1

1

NL

1

1

1

1

L

1

1

1

1

**B**

**I**

**I**

I

**I**

Dir. 76/116

Dir. 88/183

Dir. 89/284

Dir. 89/530

19/12/77

25/03/89

17/04/90

22/03/91

**2.** **77/5357EEC : Commission Directive of 22 June 1977 on the approximation of the laws of the**
**Member States relating to methods of sampling and analysis for fertilizers (OJ L** **213,22/08/77)**

Amendments

Commission Dir. 79/138 (OJ L 39,14/02779)
Commission Dir. 87/566 (OJ L 342, 04/12/87)
Commission Dir. 89/519 (OJ L 265,12/09/89)

Transposition

IRL

1

1

1

1

P

1

1

1

1

UK

1

1

1

1

Comments

D

1

1

1

1

EL

1

1

1

1

E

1

1

1

1

NL

1

1

1

1

DK

**1**

**1**

Nl

**1**

F

1

1

1

1

L

1

1

1

1

B

**I**

**1**

**1**

**1**

Dir. 77/535

Dir. 79/138

Dir. 87/566

Dir. 89/519

19/12/77

31/03/79

31/10/88

01/09/90

**80/876/EEC : Council Directive of 15 July 1980 on the approximation of the laws of the Mem-**
**ber States relating to straight ammonium nitrate fertilizers of high nitrogen content**
**(OJ L 250,** 23/09/80)

Transposition

B DK D EL IRL NL UK Comments

Dir. 80/876 117/01/82

**87/94/EEC : Commission Directive of 8 December 1986 on the approximation of the laws of**
**the Member States relating to procedures for the control of characteristics of, limits for and**
**resistance to detonation of straight ammonium nitrate fertilizers of high nitrogen content**
**(OJ L 38,** 07/02/87)

Amendments

Commission Dir. 88/126 (OJ L 63, 09/03/88)

Transposition

EL

I

I

E

I

I

IRL

I

I

I

I

I

L

I

I

NL

I

I

P

I

I

UK

I

I

DK

I

I

D

I

I

F

I

I

Comments

B

I

I

Dir. 87/94

Dir. 88/126

31/12/87

30/11/88

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

132 **ANNEX2**

**UK**

**Toys**

**i.**

**88/378/EEC : Council Directive of 3 May 1988 on the approximation of the laws of the Member**
**States concerning the safety of toys** (OJ **L187,** 16/07/88)

Transposition

DK EL IRL NL UK **Comments**

**I** **Dir.** **88/378** 130/06/89

**2.1.10** **^Textiles**

**1.** **71/307/EEC** **: Council Directive of 26 July** **1971** **on the approximation of the laws of the Mem-**
**ber States relating to textile names** (OJ **L185,16/08/71)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P

Transposition

Council Dir. 75/36 (OJ L 14, 20/01/75)
Council Dir. 83/623 (OJ L 353, 15/12/83)
Commission Dir. 87/140 (OJ L 56, 26/02787)

DK

1

NN

1

1

D

1

NN

1

1

F

1

NN

1

1

EL

1

NN

1

1

E

1

NN

1

1

IRL

1

NN

1

1

1

1

NN

1

1

NL

1

NN

1

1

UK

1

NN

1

1

L

1

NN

1

1

P

1

NN

1

1

Comments

B

1

NN

1

1

Dir. 71/307

Dir. 75/36

Dir. 83/623

Dir. 87/140

29/01/73

18/12/74

29/11/85

01/09/88

**72/276/EEC** **: Council Directive of 17** **July** **1972 on the approximation of the laws of the Mem-**
**ber States relating to certain methods for the quantitative analysis of binary textile fibre mix-**
**tures (OJ** L 173, 31/07/72)

**Amendments**

Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 81/75 (OJ L 57, 04/03/81)
Commission Dir. 87/184 (OJ L 75, 17/03/87)

Transposition

Adaptation to technical progress

Commission Dir. 79/76 (OJ L 17, 24/01/79)

DK

1

1

1

1

EL

1

1

1

1

D

1

1

1

1

E

1

1

1

1

F

1

1

1

1

IRL

1

1

1

NN

L

1

1

J

1

UK

1

1

1

1

NL

1

1

1

1

P

1

1

1

1

Comments

B

I

I

1

1

Dir. 72/276

Dir. 79/76

Dir. 81/75

Dir. 87/184

18/01/74

29/06/79

27/02/82

01/09/88

**73/44/EEC** **: Council Directive of 26 February 1973 on the approximation of the laws of the**
**Member States relating to the quantitative analysis of ternary fibre mixtures**
**(OJ L 83,** 30/03/73)

Transposition

DK

I

D

I

F

I

EL

I

E

I

IRL

I

L

I

I

I

NL

I

P

I

UK

I

Comments

I Dir. 73/44 128/08/74

B

I

I» measures notified; Nl= measures not incorporated; D» derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX **2** **133**

**2.1.11** **Cosmetics**

**1.** **76/768/EEC** **: Council Directive of 27 July 1976 on the approximation of the laws of the Mem-**
**ber States relating to cosmetic products** (OJ **L** **262,27/09/76)**

Amendments

Accession Treaty / DK-IRL-UK
Accession Treaty / EL
Accession Treaty / E-P
Council Dir. 79/661 (OJ L 192, 31/07/79)

Adaptation to technical progress

Commission Dir. 82/147 (OJ L 63, 06703/82)
Commission Dir. 83/191 (OJ L109, 26704/83)
Commission Dir. 83/341 (OJ L188,13/07/83)
Commission Dir. 63/496 (OJ L 275, 08/10783)
Commission Dir. 84/415 (OJ L 228, 25708/84)
Commission Dir. 867391 (OJ L 224, 22/08/85)
Commission Dir. 86/179 (OJ L 138, 24/05/86)
Commission Dir. 867199 (OJ L 149, 03/06/86)

Transposition

Council Dir. 82/368 (OJ L 167,15706782)
Council Dir. 83/574 (OJ L 332, 28/11/83)
Council Dir. 887667 (OJ L 382, 21/12/88)
Council Dir. 89/679 (OJ L 398, 30/12/89)

Commission Dir. 87/137 (OJ L 56, 26/02/87)
Commission Dir. 8S7233 (OJ L 105, 26704/88)
Commission Dir. **89/174** (OJ L **64,** 08703/89)
Commission Dir. 90/121 (OJ L 71, 17/03/90)
Commission Dir. 91/184 (OJL 91, 12/04/91)
Commission Dir. 92/8 (OJ L 70,17/03/92)
Commission Dir. 92/86 (OJL 325, 11/11/92)

DK

**1**

**NN**

1

**1**

1

**1**

1

1

1

1

1

**1**

1

1

**1**

1

NN

1

**1**

1

1

E

IR

NN

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

1

D

1

NN

NN

EL

1

NN

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

Nl

F

IR

NN

NN

IRL

1

NN

NN

1

1

NN

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

1

L

1

NN

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

Nl

NL

1

NN

NN

P

1

NN

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

Nl

UK

1

NN

1

1

1

1

1

1

1

1

1

1

1

1

1

1

NN

1

1

1

Nl

Comments

B

**1**

**NN**

NN

Dir. 76/768

Dir. 79/661

Dir. 82/147

Dir. 82/368

Dir. 83/191

Dir. 83/341

Dir. 83/496

Dir. 83/574

Dir. 84/415

Dir. 85/391

Dir. 867179

Dir. 867199

Dir. 87/137

Dir. 88/233

Dir. 88/667

Dir. 89/174

Dir. 89/679

Dir. 90/121

Dir. 91/184

Dir. 92/8

Dir. 92/86

30701/78

31/12/82

31/12/83

31/12/84

31/12/84

31/12/84

31/12/84

31/12/85

31/12/86

31/12/86

31/12/86

31/12/87

30/09/88

31/12/89

31/12/89

31/12/90

31/12/91

31/12/92

30/06793

**2.** **80/1335/EEC : First Commission Directive of 22 December** **1980** **on the approximation of the**
**laws of the Member States relating to methods of analysis necessary for checking the com-**
**position of** cosmetic **products** (OJ L 383, 31/12/80)

Amendments

Commission Dir. 87/143 (OJ L 57, 27/02/87)

Transposition

D

1

1

F

1

1

IRL

1

1

1

1

1

L

1

1

DK

1

1

EL

1

1

E

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

I

I

Dir. 80/1335

Dir. 87/143

31/12/82

01/07/88

11» measures notified; Nl= measures not incorporated; D= derogation; IR« Infringement proceedings under way; NN« no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**134** **ANNEX2**

**3.**

**4.**

**5.**

**85/490/EEC** **: Fourth Commission Directive of** **11** **October 1985 on the approximation of the**
**laws of the Member States relating to methods of analysis necessary for checking the com-**
**position of cosmetic products (OJ L 295,** **07/11/85)**

Transposition

**82/434/EEC** **: Second Commission Directive of 14 May 1982 on the approximation of the laws**
**of the Member States relating to methods of analysis necessary for checking the composition**
**of cosmetic products** (OJ **L 185,** 30/06/82)

Amendments

Commission Dir. 90/207 (OJ L 108, 28/04/90)

Transposition

E

1

1

DK

1

1

IRL

1

1

D

1

1

EL

1

1

F

1

1

L

1

1

1

1

1

P

1

Nl

UK

1

1

NL

1

1

Comments

B

**I**

1

Dir. 82/434

Dir. 90/207

31/12/83

31/12/90

**83/514/EEC** **: Third Commission Directive of 27 September 1983 on the approximation of the**
**laws of the Member States relating to methods of analysis necessary for checking the com-**
**position of cosmetic products (OJ L** **291,** **24/10/83)**

Transposition

**DK**

**1**

**D**

**1**

EL

1

E

1

F

1

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

I Dir. 83/514 131/12/84

**B**

**1**

IRL

1

**DK**

**I**

**D**

**I**

EL

1

E

1

F

1

1

1

UK

1

L

1

NL

1

P

1

Comments

I Dir. 85/490 131/12/86

**B**

**I**

_**2AA2***_ **Terminal equipment**

**1.** **91/263/EEC : Council Directive of 29 April 1991 on the approximation of the laws of the Mem-**
**ber States concerning telecommunications terminal equipment, including the mutual recogni-**
**tion of their conformity** (OJ L 128, 23/05/91)

Amendments

Council Dir. 93/97 (OJ L 290, 24/11/93)

Transposition

EL

IR

F

1

DK

I

D

1

IRL

IR

1

1

L

IR

E

IR

NL

IR

P

1

UK

1

Comments

B

IR

Dir. 91/263

Dir. 93/97

06/11/92

01/05/95

**2,1.13.** **Energy consumption**

**1.** **85/536/EEC : Council Directive of 5 December 1985 on crude-oil** savings **through the** use **of**
**substitute fuel** components **in** **petrol** (OJ L 334,12/12/85 )

Amendments

Commission Dir. 87/441 (OJ L 238, 21/08/87)

Transposition

IRL

1

NN

DK

I

NN

E

1

1

F

1

NN

P

1

1

D

I

NN

1

1

NN

NL

1

NN

UK

1

NN

EL

1

NN

L

1

NN

Comments

B

I

I

Dir. 85/536

Dir. 87/441

01/01/88

**l«** **measures** notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

ANNEX2 135

**2,1.14.** **General measures relating to technical barriers to trade**

**1.** **83/189/EEC : Council Directive of 28 March 1983 laying down a procedure for the provision of**
**infonnation in the field of technical standards and regulations** (OJ **L** 109, 26/04/83)

Amendments

Accession Treaty / E-P
Council Dir. 88/182 (OJ L 81, 26703/88)

Transposition

D

1

1

DK

1

1

EL

1

1

E

1

1

F

1

1

IRL

1

1

1

1

1

L

1

1

NL

1

1

P

1

1

UK

1

1

Comments

B

1

1

Dir. 83/189

Dir. 88/182

31/03/84

01/01/89

l« measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

136 ANNEX 2

SCwfe* **Special free-movement arrangements**

**2.2.1.** **Weapons**

**1.** **91/477/EEC** **:** **Council Directive** **of** **18 June 1991 on control of the acquisition and possession**
**of weapons** (OJ L256, **13/09/91)**

Transposition

1 B | DK
**I** **Dir. 91/477** 101/01/93 | IR ] I IR

llilliHIiB^lliili

EL **IRL**

IR **IR**

NL

IR IR

**1.** **93/7/EEC:** **Council Directive** **of 15** **March 1993** **on** **the return** **of** **cultural objects unlawfully**
**removed from the territory of a Member State (OJ L 74, 27/03/93)**

Transposition

I **Dir.** **93/7** _\_ 23/03/93"

DK EL NL UK Comments

**2.** **3911/92** **(EEC ): Council Regulation of 9 December** **1992** **on the export of cultural goods**

**(OJL** 395, 31/12/92)

Amendments

Commission Reg. 752/93 (OJ L 77, 31/03/93)

**:!£•:£«%)•:;:** _mÊÊÈMBË_

**1.** **93/15/EEC** **:** **Council Directive of 5 April 1993 on the harmonization of the provisions relating**
**to the placing on the market and supervision of explosives for civil uses**

**(OJL** **121,** 15/05/93)

Transposition

D EL E F IRL I L NL P UK

I

Comments

| Dir. 93/15 30/06/94

B DK

I

**2.2.4.** **Drugs and precursors**

**1.** **92/109/EEC** **:** **Council Directive** **of** **14 December 1992 on the manufacture and the placing** **on**
**the market** **of** **certain substances used** **in** **the illicit manufacture** **of** **narcotic drugs and psy-**
**chotropic substances** (OJ L 370, **19/12/92)**

Amendments

Commission Dir. 93/46 (OJ L 159, 01/07/93)

Transposition

EL

Nl

DK

I

D

Nl

E

Nl

IRL

NI

F

NI

I

NI

L

Nl

NL

NI

P

Nl

UK

I

Comments

B

Nl

Dir. 92/109

Dir. 93/46

01/07/93

01/07/93

I [s] measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET                             - 1993 ANNUAL

ANNEX 2 137

**FREE MOVEMENT OF SERVICES AND FREEDOM OF ESTABLISHMENT**

**3.1,** **Financial services**

**3.1*1.** **Banks**

**3,1,1•1<** **Coordination of the provisions** **governing freedom** **of establishment and**
**freedom to provide services**

**1.** **73/183/EEC : Council Directive of 28 June 1973 on the abolition of restrictions on freedom of**
**establishment and freedom to provide services in respect of self-employed activities of banks**
**and other** financial institutions (OJ L 194,16/07/73)

Transposition

DK

I

D

I

EL

I

E

1

F

1

IRL

1

1

1

L

1

NL

1

P

1

UK

1

Comments

I Dir. 73/183 02/01/75

B

I

**77/780/EEC: First Council Directive of 12 December 1977 on the coordination of the laws,**
**regulations and administrative provisions relating to the taking up and pursuit of the busi-**
**ness of credit institutions** (OJ L 322,17/12/77)

Amendments

Access Treaty / EL
Access Treaty / E-P
Council Dir. 85/345 (OJ L 183, 16/07/85)

Transposition

Council Dir. 86/524 (OJ L 309, 04/11/86)
Council Dir. 89/646 (OJ L 386, 30/12/89)

DK

**I**

NN

NN

**I**

D

I

NN

NN

I

EL

Nl

NN

NN

I

E

1

NN

NN

IR

F

1

NN

NN

1

IRL

1

NN

NN

1

1

1

NN

NN

1

L

1

NN

NN

1

NL

1

NN

NN

1

P

1

NN

NN

1

UK

1

NN

NN

1

Comments

E: partial transposition

B

I

NN

NN

I

Dir. 77/780

Dir. 85/345

Dir. 86/524

Dir. 89/646

16/12/79

15/07/85

31/12/86

01/01/93

**89/646/EEC :** Second Council Directive **of 15 December 1989 on the** coordination **of** laws,
**regulations** and administrative provisions relating to **the** taking up and pursuit of the business **of** credit institutions and amending Directive 77/780/EEC (OJ L 386, 30/12/89)

Amendments

Council Dir. 92/30 (OJ L 110, 05/02/93)

Transposition

DK

I

I

D

I

IR

EL

I

IR

E

IR

I

F

I

TR

IRL

I

I

I

I

I

L

I

I

P

1

1

NL

1

1

UK

1

1

Comments
transposition Art.3:
01/01/90

B

I

I

Dir. 89/646

Dir. 92/30

01/01/93

01/01/93

**3.1.1.2,** Conditions and prudential rules

1. 89/299/EEC : Council Directive of 17 April 1989 on the own funds of credit institutions
(OJL 124, 05/05/89)

Amendments

Council Dir. 91/633 (OJ L 339, 11/12/91)
Council Dir. 92/16 (OJ L 75, 21/03/92)
Council Dir. 92/30 (OJ L 110, 05/02/93)

l« measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

138 ANNEX 2

Transposition

Dir. 89/299 01/01/91

Dir. 91/633 01/01/93

Dir. 92/16 01/01/93

Dir. 92/30 01/01/93

B

1

1

NN

1

DK

1

1

NN

1

D

1

1

NN

IR

IRL

1

1

NN

1

1

1

1

NN

1

EL

1

1

NN

IR

E

1

1

NN

1

F

1

1

NN

IR

L

1

1

NN

1

NL

1

1

NN

1

P

1

1

NN

1

UK

1

NN

NN

1

Comments

**89/647/EEC : Council Directive of** **18** **December** **1989** **on a solvency ratio for credit institutions**
**(OJL386.** **30/12/89)**

Amendments

Council Dir. 92/301 (OJ L 110, 05/02/93)

Transposition

Dir. 89/647 01/01/91

Dir. 92/30 01/01/93

B

I

1

DK

1

1

D

1

IR

EL

1

IR

E

1

1

F

1

IR

IRL

1

1

1

1

1

NL

1

1

P

1

1

UK

1

1

L

1

1

Comments
derogation DK-D-EL
01/01/96+ EL
01/01/2000 (Ratio 8%)

**91/31/EEC :** **Commission Directive of 19 December** **1990** **adapting the technical definition of '**
**multilateral development** **banks'** **in Council Directive 89/647/EEC of 18 December 1989 on a**
**solvency ratio for credit institutions (OJ L 17, 23/01/91)**

Transposition

DK

NN

EL

NN

E

NN

D

NN

F

NN

IRL

NN

I

NN

L

NN

NL

NN

P

NN

UK

NN

Comments

| Dir. 91/31 31/03/91

B

NN

**4.**

**92/30/EEC** **: Council Directive of 6 April 1992 on the supervision of credit institutions on a**
**consolidated basis (OJ L** **110,** **28/04/92)**

Transposition

DK

1

D

IR

EL

IR

E

1

F

IR

IRL

1

1

1

L

I

NL

1

P

1

UK

1

Comments

| Dir. 92/30 |01/01/93

B

1

3,1,1.3. Supervision and accounts

**1.** **86/635/EEC : Council Directive of 8 December 1986 on the annual accounts and consolidated**
**accounts of banks and other financial institutions (OJ** **L** **372,** **31/12/86)**

Amendments

Council Dir. 92/30 (OJ L 110, 28/04/92)

Transposition

DK

I

I

D

1

IR

EL

IR

IR

E

1

1

F

1

IR

IRL

1

1

L

1

1

1

1

1

NL

1

1

UK

1

1

P

1

1

Comments

B

I

I

Dir. 86/635

Dir. 92/30

31/12/90

01/01/93

1= measures notified; Nl= measures not incorporated; D= derogation; IR* infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX2 139

89/117/EEC: Council Directive of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head
offices outside that Member State regarding the publication of annual accounting documents
(OJL 44, 16/02/89)

Transposition

DK

I

D

1

EL

IR

E

1

F

1

UK

1

IRL

1

1

1

NL

1

P

1

L

1

Comments

| Dir. 89/117 |01/01/91

B

I

**3.**

**91/308/EEC** : Council Directive **of 10** June **1991** on prevention of the use of the financial system **for** the purpose of money laundering (OJ L 166,28/06/91)

Transposition

DK

1

D

IR

EL

IR

E

IR

IRL

IR

1

1

F

1

P

1

UK

IR

L

1

NL

IR

Comments

I Dir. 91/308 131/12/92

B

1

4. 92/121/EEC : Council Directive of 21 December 1992 on the monitoring and control of large
exposures of credit institutions (OJ L 29, 05/02/93)

Transposition

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

I Dir. 92/121 101/01/94

_**mm**_ **Insurance**

iliin lîsïôniîfë Insurance

**1.** **64/225/EEC** **: Council Directive of 25 February** **1964** **on the abolition of restrictions on freedom**
**of establishment and freedom to provide services in respect of reinsurance and retrocession**
**(OJ L** **56,** 04/04/64)

Amendments

Access Treaty / DK-IRL-UK

Transposition

DK

NN

D

I

EL

I

E

I

IRL

NN

F

I

I

I

L

I

NL

I

P

I

UK

NN

Comments

Dir. 64/225 26/02/64

B

I

**73/239/EEC : First Council Directive of 24 July 1973 on the coordination of laws, regulations**
**and administrative provisions relating to the taking-up and pursuit of the business of direct**
**insurance other than life assurance (OJ L** **228,16/08/73)**

Amendments

Access Treaty / EL
Access Treaty / E-P
Council Dir. 76/580 (OJ L 189, 13/07/76)
Council Dir. 84/641 (OJ L 339, 27/12/84)
Council Dir. 87/343 (OJ L 185, 04/07/87)

Transposition

Council Dir. 87/344 (OJ L 185, 04/07/87)
Council Dir. 88/357 (OJ L 172, 04/07/88)
Council Dir. 90/618 (OJ L 330, 29/11/90)
Council Dir. 92/49 (OJ L 228, 11/08/92)

IRL 1

1

NN

1

1

1

DK

I

NN

1

1

1

EL E F

1

NN

1

1

1

L

1

NN

1

1

1

NL P UK Comments

B

I

NN

I

I

I

D

1

NN

1

1

1

Dir. 73/239

Dir. 76/580

Dir. 84/641

Dir. 87/343

Dir. 87/344

27/01/75

31/12/76

30/06/87

01/01/90

01/01/90

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**140** ANNEX 2

Dir. 88/357

Dir. 90/618

Dir. 92/49

01/01/90

20/05/92

31/12/93

1

**1**

1

**1**

1

IR

1

IR

IR

IR

1

1

1

1

1

1

1

IR

1

1

1

1

transitional arrangement
E: 01/01/97; EL-IRL-P:
01/01/99

1

1

**73/240/EEC : Council Directive of 24 July 1973 abolishing restrictions on freedom of estab-**
**lishment in the business of direct insurance other than life assurance (OJ L** **228,16/08/73)**

**Transposition**

IRL

**B** **DK** **EL** !-J ! - L . T N T

**Dir 73/240** |27/01/75 **NN** **NN NN** **NN NN NN** **[NN | NN | NN j NN ]**

**B**

**NN**

**DK**

**NN NN**

**EL** !-J ! - L . T N T
**NN NN NN** **[NN | NN | NN j NN ]** **NN**

**UK**

**NN**

Comments

**78/473/EEC : Council Directive of 30 May 1978 on the coordination of laws, regulations and**
**administrative provisions relating to Community co-insurance**
**(OJL** **151,** **07/06/78)**

Transposition

**DK**

**1**

EL

1

E

1

F

I

1

1

**D**

**Nl**

IRL

1

NL

1

P

1

UK

1

L

1

Comments

| Dir. 78/473 03/12/79

**B**

**I**

**5.** **84/641/EEC** **: Council Directive of 10 December** **1984** **amending, particularly as regards tourist**
**assistance, the First Directive (73/239/EEC) on the coordination of laws, regulations and**
**administrative provisions relating to the taking-up and pursuit of the business of direct**
**insurance other than life assurance (OJ L 339,** **27/12/84)**

Transposition

D

**I**

EL

I

F | IRL | I | L

I I I I I I

NL | P

I I

DK

**I**

E

I

UK

I

Comments

Dir. 84/641 130/06/87

B

**I**

**87/343/EEC : Council Directive of 22 June 1987 amending, as regards credit insurance and**
**suretyship insurance, First Directive 73/239/EEC on the coordination of laws, regulations and**
**administrative provisions relating to the taking-up and pursuit of the business of direct**
**insurance other than life assurance (OJ L** **185,** **04/07/87)**

Transposition

E

1

**DK**

**1**

EL

Nl

**D**

**1**

F | IRL | 1 I L I NL

1 | Nl | Nl | 1 | 1

P

1

UK

1

Comments

| Dir. 87/343 01/01/90

**B**

**I**

**8.**

**87/344/EEC : Council Directive of 22 June 1987 on the coordination of laws, regulations and**
**administrative provisions relating to legal expenses insurance** (OJ **L 185, 04/07/87)**

Transposition

B DK EL IRL NL UK Comments

**Dir. 87/344** 101/01/90 | I I I

**88/357/EEC : Second Council Directive of 22 June 1988 on the coordination of laws, regula-**
**tions and administrative provisions relating to direct insurance other than life assurance and**
**laying down provisions to facilitate the effective exercise of freedom to provide services and**
**amending Directive 73/239/EEC** (OJ **L 172,** 04/07/88)

Amendments

Council Dir. 90/618 (OJ L 330, 29/11/90)
Council Dir. 92/49 (OJ L228, 11/08/92)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

Transposition

Dir. 88/357 30/12/89

Dir. 90/618 20/05/92

Dir. 92/49 31/12/93

B

I

I

DK

I

1

D

1

Nl

EL

IR

Nl

E

1

Nl

F

1

1

IRL

1

1

1

1

1

L

1

Nl

P

1

1

ANNEX2 141

Comments
transitional arrangement
E: 01/01/97; EL-IRL-P:
01/01/99

NL

1

1

UK

1

1

**9.** **92/49/EEC** **: Council Directive of 18 June 1992 on the coordination of laws, regulations and**
**administrative provisions relating to direct insurance other than life assurance and amending**
**Directives 73/239/EEC and 88/357/EEC (third** **non-life** **insurance Directive) (OJ L** **228,11/08/92)**

**Transposition**

I L NL P UK Comments

| Dir. 92/49 131/12/93

B DK D EL E F [IRL

|

3/1 J2.2, Motor vehicle insurance

**1.** **72/166/EEC** **: Council Directive of 24 April** **1972** **on the approximation of the laws of Member**
**States relating to insurance against civil liability in respect of the use of motor vehicles, and**
**to the enforcement of the obligation to insure against such liability (OJ L** **103,** **02/05/72)**

Amendments

**Council Dir.** **72/430** **(OJ** **L** **291,** **28/12/72)**
**Council Dir. 84/5I (OJ** **L** **8,** **11/01/84)**

Transposition

Commission Dec 91/323 (OJ L 177, 05/07/91)
Commission Dec. 93/43 (OJ L 16, 25/01/93)

DK

**1**

1

1

D

1

NN

1

EL

1

NN

1

IRL

1

NN

1

E

1

NN

1

F

1

NN

1

1

1

NN

1

UK

NN

NN

1

L

1
NN [N ]

1

NL

1

NN

1

P

1

1

1

Comments

B

**I**

NN

**1**

Dir. 72/166

Dir. 72/430

Dir. 84/5

31/12/73

01/01/73

31/12/87

**84/5/EEC** **: Second Council Directive of 30 December 1983 on the approximation of the laws of**
**the Member States relating to insurance against civil liability in respect of the use of motor**
**vehicles** **(OJL8,** **11/01/84)**

Amendments

Access Treaty / E-P
Council Dir. 90/232 (OJ L 129, 19/05/90)

Transposition

DK

**1**

**1**

D

1

1

EL

1

IR

E

1

IR

F

1

1

IRL

1

1

1

1

1

NL

1

1

UK

1

1

L

1

IR

P

1

IR

Comments

transitional arrangement
IRL: 31/12/98 et 31/12/95

B

1

IR

Dir. 84/5

Dir. 90/232

31/12/87

31/12/92

**90/618/EEC** **: Council Directive of 8 November 1990 amending, particularly as regards motor**
**vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC which concern the**
**coordination of laws, regulations and administrative provisions relating to direct insurance**
**other than life assurance** (OJ L 330, 29/11/90)

Transposition

DK

I

D

IR

EL

IR

F

I

IRL

I

E

IR

I

I

L

IR

NL

I

P

I

UK

I

Comments

Dir. 90/618 20/05/92

B

I

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary]

THE COMMUNITY INTERNAL MARKET -1993 REPORT

142 ANNEX2

**4.** **90/232/EEC** **: Third Council Directive of 14 May** **1990** **on the approximation of the laws of the**
**Member States relating to insurance against civil liability in respect of the use of motor vehi-**
**cles (OJ L 129,** **19/05/90)**

**Transposition**

DK

**I**

D

I

E

IR

F

I

IRL

I

I

I

EL

IR

L

IR

UK

I

Comments
transitional arrangement
IRL: 31/12/98 et 31/12/95

NL

I

P

IR

Dir. 90/232 **31/12/92**

B

**IR**

3,12.3» Lifo assurance

**1.** **79/267/EEC : First Council Directive of 5 March 1979 on the coordination of laws, regulations**
**and administrative provisions relating to the taking up and pursuit of the business of direct**
**life assurance (OJ L** **63,13/03/79)**

Amendments

Access Treaty / EL
Access Treaty / E - P

Transposition

Council Dir. 90/619 (OJ L 330, 29/11/90)
Council Dir. 92/96 (OJ L 360, 09/12/92)

DK

I

IR

D

I

IR

E

1

IR

EL

I

IR

F

1

1

IRL

1

IR

1

1

1

L

1

IR

UK

1

1

NL

1

1

P

1

IR

Comments

transitional arrangement
E:31/12/95/EL-P:
31/12/98

B

I

I

Dir. 79/267

Dir. 90/619

Dir. 92/96

15/09/80

20/11/92

31/12/93

**90/619/EEC** **: Council Directive of 8 November 1990 on the coordination of laws, regulations**
**and administrative provisions relating to direct life assurance, laying down provisions to**
**facilitate the effective exercise of freedom to provide services and amending Directive**
**79/267/EEC** (OJ **L** 330, 29/11/90)

Amendments

Council Dir. 92/96 (OJ L 360, 09/12/92)

Transposition

DK

IR

E

IR

D

IR

EL

IR

F

1

IRL

IR

1

1

L

IR

NL

1

P

IR

UK

1

Comments
transitional arrangement
E: 31/12/95/EL-P:
31/12/98

B

I

Dir. 90/619

Dir. 92/96

20/11/92

31/12/93

**92/96/EEC** **: Council Directive of 10 November 1992 on the coordination of laws, regulations**
**and administrative provisions relating to direct life assurance and amending Directives**
**79/267/EEC and** **90/619/EEC** **(third life assurance Directive) (OJ L 360,** 09/12/92)

Transposition

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

Dir. 92/96 31/12/93

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX 2 143

_**ZAJZA,**_ Other fields

**1.** **77/92/EEC** **: Council Directive of 13 December** **1976** **on measures to facilitate the effective**
**exercise of freedom of establishment and freedom to provide services in respect of the activi-**
**ties of insurance agents and brokers (ex** **ISIC** **Group 630) and, in particular, transitional**
**measures in respect of those activities** (OJ **L** 26, 31/01/77)

Amendments

Access Treaty / EL
Access Treaty / E-P

Transposition

DK

**1**

D

**1**

EL

1

E

1

F

1

IRL

1

1

1

NL

1

L

1

P

1

UK

1

Comments

I Dir. 77/92 17/06/78

B

1

**2.** **91/674/EEC** **: Council Directive of 19 December** **1991** **on the annual accounts and consolidated**
**accounts of insurance undertakings** (OJ L 374, 31/12/91)

Transposition

B DK EL IRL NL UK Comments

**I** **Dir. 91/674** 101/01/94

**3,1,3,** - **Stock exchanges** **and** **securities**

3/L3X Admission, securities to official stock-exchnage listing and stock-exchange
. ' transactions

**79/279/EEC : Council Directive of 5 March 1979 coordinating the conditions** **for** **the admission**
**of securities to official stock exchange listing** (OJ **L** 66,16/03/79)

Amendments

Access Treaty / EL.
Access Treaty / E-P
Council Dir. 82/148 (OJ L 62, 05/03/82)

Transposition

DK

**I**

NN

D

I

NN

EL

I

NN

E

I

NN

F

I

NN

IRL

Nl

NN

I

I

NN

P

I

I

UK

I

NN

NL

I

NN

Comments

L

I

NN

B

**I**

NN

Dir. 79/279

Dir. 82/148

30/06/83

**80/390/EEC : Council Directive of 17 March 1980 coordinating the requirements for the draw-**
**ing up, scrutiny and distribution of the listing particulars to be published for the admission**
**of securities to official stock exchange listing** (OJ L 100,17/04/80)

Amendments

Council Dir. 82/148 (OJ L 62, 05/03/82)
Council Dir. 87/345 (OJ L 185, 04/07/87)
Council Dir. 90/211 (OJ L 112, 03/05/90)

Transposition

DK

1

NN

1

1

D

1

NN

1

1

E

1

NN

1

1

EL

1

NN

1

IR

F

1

NN

1

1

IRL

1

NN

1

1

L

1

NN

1

1

1

1

NN

1

1

NL

1

NN

1

1

P

1

1

1

1

UK

1

NN

1

1

Comments

derogation: E: 01/01/91P: 01/01/92

B

I

1

1

1

Dir. 80/390

Dir. 82/148

Dir. 87/345

Dir. 90/211

30/06/83

01/01/90

17/04/91

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

144 ANNEX **2**

3. 82/121/EEC : Council Directive of 15 February 1982 on information to be published on a regular basis by companies the shares of which have been admitted to official stock-exchange
listing (OJ L 48, 20/02/82)

Transposition

DK

**I**

D

I

E

I

EL

I

F

I

IRL

I

L

I

I

I

NL

I

UK

I

P

I

Comments

I Dir. 82/121 130/06/83

B

**I**

**87/345/EEC** : Council Directive of 22 June 1987 amending Directive 80/390/EEC coordinating
the requirements for the drawing-up, scrutiny and distribution of the listing particulars to be
published for the admission of securities to official stock exchange listing
(OJ L 185, 04/07/87)

Transposition

**Dir. 87/345** **01/01/92**

**B** | DK **D** **EL** | **E** | **F** **|IRL|** **I** **L** **I** **NL** | **P l U K** **Comments**
**derogation:** **E:** **01/01/91-**
**P:** **01/01/92**

**88/627/EEC : Council Directive of 12 December 1988 on the infonmation to be published when**
**a major holding in a listed company is acquired or disposed of (OJ L** **348,17/12/88)**

Transposition

"" **B** ' **DK** ' ' **EL** ' " " **IRL** " " ~" **NL** " T **UK** Comments

**Dir. 88/627** 01/01/91 **IR** **I** **I**

**B** ' **DK**

**EL**

**IRL**

**NL** **UK**

**IR**

**I**

**I**

**6.** **89/298/EEC : Council Directive of 17 April 1989 coordinating the requirements for the**
**drawing-up, scrutiny and distribution of the prospectus to be published when transferable**
**securities are offered to the public (OJ L 124, 05/05/89)**

Transposition

**DK**

**1**

E

1

F

1

**D**

**1**

EL

1

IRL

1

L

1

1

1

NL

1

P

1

UK

1

Comments

| Dir. 89/298 17/04/91

**B**

**I**

**89/592/EEC** **: Council Directive of 13 November 1989 coordinating regulations on insider**
**dealing (OJ L** 334, **18/11** **/89)**

Transposition

**DK**

**I**

**D**

**IR**

EL

I

E

I

F

1

IRL

1

L

1

1

1

NL

1

P

1

UK

IR

Comments

| Dir. 89/592 01/06/92

**B**

**I**

**90/211/EEC** **: Council Directive of 23 April 1990 amending Directive 80/390/EEC in respect of**
**the mutual recognition of** **public-offer** **prospectuses as stock-exchange listing particulars**

**(OJL** **112,** 03/05/90)

Transposition

DK

I

F

I

D

I

EL

IR

E

I

L

I

IRL

I

I

I

NL

I

P

I

UK

I

Comments

Dir. 90/211 17/04/91

B

I

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

**:i£**

**ANNEX 2** 145

3.1*3.2 k Undertakings for collective investment in transferable securities (UCITS)

**1.** **85/611/EEC** **: Council Directive of 20 December 1985 on the coordination of laws, regulations**
**and administrative provisions relating to undertakings for collective investment in transfer-**
**able securities (UCITS)** (OJ L 375, 31/12/85)

Amendments

Council Dir. 88/220 (OJ L 100, 19/04/88)

Transposition

DK

**1**

**NN**

D

1

NN

EL

IR

NN

E

1

NN

F

1

NN

IRL

1

NN

1

1

NN

L

1

NN

NL

1

NN

P

IR

NN

UK

1

NN

Comments
derogation EL-P:
01/04/92
derogation EL-P:
01/04/92

B

**1**

NN

Dir. 85/611

Dir. 88/220

**01/10/89**

01/10/89

**2.** **93/6/EEC : Council Directive of 15 March** **1993** **on the capital adequacy of investments finns**
**and credit institutions** (OJ L **141,** 11/06/93)

Transposition

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

I Dir. 93/6 101/07/95

**3.** **93/22/EEC** **: Council Directive of 10 May 1993 on investment services in the securities field**
**(OJL 141,** 11/06/93)

Transposition

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

Dir. 93/22 101/07/95

- I I I

_**mm**_

**Transport**

SinSrilll

**1.** **62/308/EEC** **: Council Decision instituting a procedure or prior examination and consultation**
**in respect of certain** **laws,** **regulations and administrative provisions concerning transport**
**proposed in Member States (OJ L 23, 03/04/62)**

**Amendments**

**Council Dec. 73/402** **(OJ** **L 347,** **17/12/73)**

**4060/89 (EEC) : Council Regulation of 21 December 1989 on the elimination of controls per-**
**formed at the frontiers of Member States in the field of road and inland waterway transport**

**(OJL390,** **30/12/89)**

Amendments

Council Reg. 3356/91 (OJ L 318, 20/11/91)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessaryj

THE COMMUNITY INTERNAL MARKET -1993 REPORT

146 ANNEX2

**3925/91 (EEC) : Council Regulation of 19 December** **1991** **concerning the elimination of** **con-**
**trols and formalities applicable to the cabin and hold baggage of persons taking an intra-**
**Community flight and the baggage of persons making an intra-Community sea crossing**
**(OJL** **374,** **31/12/91)**

Implementation

Commission Reg. 1823/92 (OJ L 185, 04/07/92)

**3912/92** **(EEC) : Council Regulation of 17 December 1992 on controls carried out within the**
**Community in the field of road and inland waterway transport in respect of means of trans-**
**port registered or put into circulation in a third country (OJ** **L** **395,** **31/12/92)**

3,2,1 - 1 > Road transport

**1.**

**2.**

**3237/76** **(EEC) : Council Regulation of** **21** **December 1976 on the advance implementation of**
**the Technical Annexes and the advance use of the specimen TIR carnet of the Customs Con-**
**vention on the international transport of goods under cover of TIR carnets (TIR Convention)**
**of 14 November** **1975,** **Geneva (OJ** **L** **368,** **31/12/76)**

**84/647/EEC : Council Directive of 19 December 1984 on the use of vehicles hired without**
**drivers for** **the** **carriage of goods by road (OJ L 335,** **22/12/84)**

Amendments

Council Dir. 90/398 (OJ L 202, 31/07/90)

Transposition

Amendments

Council Reg. 3020/81 (OJ L 302, 23/10/81)

Implementation

Council Reg. 2112/78 (OJ L 252, 14/09/78)
Council Reg. 3690/86 (OJ L 341, 04/12/86)

DK

I

Nl

EL

Nl

1

D

1

Nl

E

1

Nl

F

1

NI

IRL

1

NI

1

1

Nl

NL

1

Nl

P

1

Nl

UK

NN

Nl

L

Nl

Nl

Comments

B

I

Nl

Dir. 847647

Dir. 90/398

30/06/86

31/12/90

**1593/91** **(EEC) : Commission Regulation of 12 June** **1991** **providing for the implementation of**
**Council Regulation (EEC) No 719/91 on the use in the Community of TIR carnets and ATA carnets**
**as** **transit documents (OJ L** **148,13/06/91)**

**3648/91 (EEC) : Council Regulation of** **11** **December** **1991** **laying down the methods of using**
**form 302 and repealing Regulation (EEC) No 3690/86 concerning the abolition, within the**
**framework of the TIR Convention, of customs formalities on exit from a Member State at a**
**frontier between two Member States and Regulation (EEC) No 4283/88 on the abolition of cer-**
**tain exit formalities at internal Community frontiers - introduction of common border posts**
**(OJL** **348,** **17/12/91)**

**93/629EEC : Council Decision of 29 October 1993 on the creation of a trans-European road**
**network (OJ** **L** **305,** **10/12/93)**

11= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

**ANNEX 2** **147**

3.2,1.2. **Raîl** transport

**1.** **91/440/EEC : Council Directive of 29 July 1991 on the development of the** **Community*** **s** **rail-**
**ways** (OJ **L** 237, 24/08/91)

Transposition

B DK D EL E F IRL 1 L NL P UK Comments

I Dir. 91/440 101/01/93

**3,2,13.** **Airtransport**

**1.** **80/50/EEC** **: Council Decision of 20 December 1979 setting up a consultation procedure on**
**relations between Member States and third** **countries** **in the field of air transport and on**
**action relating to such matters within international organizations (OJ** **L18,24/01/80)**

**2.** **294/91** **(EEC) : Council Regulation No of 4 February 1991 on the operation of air cargo serv-**
**ices between Member States (OJ L** **36,** **08/02/91)**

**3.2,1** **A** **Inland** **waterway transport**

**1.** **93/630/EEC** **: Council Decision of 29 October 1993 on the creation of a trans-European inland**
**waterway network (OJ L** **305,10/12/93)**

**3J2/1.&** **' Combined transport**

**1.** **93/628/EEC** **: Council Decision of 29 October 1993 on the creation of a trans-European com-**
**bined transport network** **(OJ** **L** **305,10/12/93)**

**3.2.2,** **pompétitïph rules**

**1.** **141/62 (EEC) : Council Regulation exempting transport from the application of Council Regu-**
**lation No** **1** 7 (OJ L 124, 28/11 /62)

Amendments

Access Treaty / DK-IRL-UK
Council Reg. 165/65 (OJ L 210, 11/12/65)
Council Reg. 1002/67 (OJ L 306, 16/12/67)

Implementation

Commission Dec. 91/480 (OJ L 258, 16/09/91)
Commission Dec. 91/481 (OJ L258, 16/09/91)

**65/271/EEC: Council Decision of 13 May 1965 on the hanmonisation of certain provisions**
**affecting competition in transport by** **rail,** **road and inland waterway (OJ L** **88,24/05/65)**

**1017/68 (EEC) : Regulation of the Council of 19 July 1968 applying rules of competition to**
**transport by** **rail,** **road and inland waterway (OJ L 175,** 23/07/68)

Derogation

Access Treaty / DK-IRL-UK

Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL

11« measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

148 ANNEX2

Implementation

Commission Reg. 1629/69 (OJ L 209, 21/08/69)
Commission Reg. 1630/69 (OJ L 209, 21/06769)
Commission Dec. 85/383 (OJ L 219, 17/08/85)

**2988/74** **(EEC) : Regulation of the Council of 26 November 1974 concerning limitation periods**
**In** **proEECdings and the enforcement of sanctions under the rules of the European Economic**
**Community relating to transport and competition (OJ L** **319,29/11/74)**

**85/121/EEC** **: Commission Decision of 23 January 1985 relating to a proEECding under Article**
**11 (5) of Council Regulation No 17** **(IV/C/31.163)** **(OJ L** **46,** 15/02/85)

**6.** **4056/86 (EEC) : Council Regulation** **of** **22 December 1986 laying down detailed rules for the**
**application of Articles 85 and 86 of the Treaty to maritime transport (OJ L 378, 31/12/86)**

Implementation

Commission Reg. 4260/88 (OJ L 376, 31/12/88)
Council Reg. 479/92 (OJ L 55, 29/02/92)
Commission Dec. 93/47 (OJ L 20, 28/01/93)

**3975/87 (EEC) : Council Regulation of 14 December 1987 laying down the procedure for the**
**application of the rules on competition to undertakings in the air transport sector**
**(OJL374,** 31/12/87)

Amendments

Council Reg. 1284/91 (OJ L 122, 17/05/91)
Council Reg. 2410/92 (OJ L 240, 24/08/92)

Transposition

Implementation

Commission Reg. 4261/88 (OJ L 376, 31/12/88)

DK| D

**" I** **«**

EL

I

F

1

IRL

1

E

I

1

IR

UK

1

L

IR

NL

IR

P

IR

Comments

| Reg. 3975/87 |

B

I

**3976/87 (EEC) : Council Regulation of 14 December** **1987** **on the application of Article 85 (3) of**
**the Treaty to certain categories of agreements and concerted practices in the air transport**
**sector** (OJ L 374, 31/12/87)

Amendments _f_

Council Reg. 2344/90 (OJ L 217, 11/08/90)
Council Reg. 2411/92 (OJ L 240, 24/08/92)

Implementation

Commission Reg. 2671/88 (OJ L 239, 30/08/88)
Commission Reg. 2672/88 (OJ L 239, 30/08/88)
Commission Reg. 2673/88 (OJ L 239, 30/08/88)

Commission Reg. 82/91 (OJ L 10, 05/01/91)
Commission Reg. 83/91 (OJ L 10, 05/01/91)
Commission Reg. 84/91 (OJ L 10, 06/01/91)

**2299/89 (EEC) : Council Regulation of 24 July 1989 on a code of conduct for computerized**
**reservation systems** (OJ L 220, 29/07/89)

**10.** **3916/90** **(EEC)** **rCouncil** **Regulation of** **21** **December 1990 on measures to be taken in the event**
**of a crisis in the market in the carriage of goods by road** (OJ L 375, 31/12/90)

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 ANNUAL

**ANNEX2** **149**

**11.** **83/91** **(EEC) : Commission Regulation of 5 December 1990 on the application of Article 85 (3)**
**of the Treaty to certain categories of agreements between undertakings relating to computer**
**reservation systems for** **airtransport** **services (OJ** **L10,15/01/91)**

**12.** **84/91** **(EEC) : Commission Regulation of 5 December 1990 on the application of Article 85 (3)**
**of the Treaty to certain categories of agreements, decisions and concerted practices concern-**
**ing OJint planning and coordination of capacity, consultations on passenger and cargo tar-**
**iffs rates on scheduled air services and slot allocation at airports (OJ** **L10,15/01/91)**

**13.** **95/93** **(EEC) : Council Regulation No of 18 January** **1993** **on common rules for the allocation of**
**slots at Community airports (OJ** **L14,22/01/93)**

**3,2,3.** **Government intervention**

**1.** **1191/69 (EEC) : Regulation No of the Council of 26 June 1969 on action by Member States**
**conceming the obligations inherent in the concept of a public service in transport by** **rail,**
**road and inland waterway** (OJ L156,28/06/69)

Derogations

Council Dec 72/378 (OJ L 257,15/11/72)

Amendments

**Access Treaty** / DK-IRL-UK
**Access Treaty / EL**
**Access** **Treaty** / E-P

Council Dec. 73/101 (OJ L 2, 01/01/73)
Council Reg. 3572/90 (OJ L 353,17/12/90)
Council Reg. 1893/91 (OJ L 169, 26/06/91)

**1192/69** **(EEC) : Regulation No of the Council of 26 June 1969 on common rules for the nor-**
**malisation of the accounts of railway undertakings** (OJ **L** 156,28/06/69)

Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL
Access Treaty / E-P

Council Dec. 73/101 (OJ L 2, 01/01/73)
Council Reg. 3572/90 (OJ L 353,17/12/90)

3. **1107/70** **(EEC) : Regulation of the Council of 4 June** **1970** **on the granting of aids for transport**
**by** **rail,** **road and inland waterway** (OJ L130,15/06/70)

Derogations

Access Treaty / DK-IRL-UK

Amendments

Council Reg. 1473/75 (OJ L 152, 12/06/75)
Council Reg. 1656782 (OJ L 184, 29/06/82)

Council Reg. 1100/89 (OJ L 116, 28/04/89)
Council Reg. 3578/92 (OJ L 364,12/12/92)

**2830/77 (EEC): Council Regulation of 12 December 1977 on the measures necessary to**
**achieve comparability between the accounting systems and annual accounts of railway**
**undertakings** (OJ L 334, 24/12/77)

Amendments

Access Treaty / EL
Access Treaty / E-P
Council Reg. 3572/90 (OJ L 353, 17/12/90)

11* measures notified; _H\~_ measures not Incorporated; D« derogation; IRs infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**150** **ANNEX 2**

5. **2183/78** (EEC) : Council Regulation No of 19 September 1978 laying down uniform costing
principles for railway undertakings (OJ L 258,21/09/78)

Amendments

Access Treaty / EL
Access Treaty / E-P

Council Reg. 3572/90 (OJ L 353,17/12/90)

**6.** **83/41** 8/EEC : Council Decision of 25 July 1983 on the commercial independence of the railways in the management of their international passenger and luggage traffic
(OJL 237, 06/08/83)

Amendments

Access Treaty / E-P

Council Reg. 3572/90 (OJ L 353,17/1^/90)

**7.** **1101/89** (EEC) : Council Regulation of 27 April 1989 on structural improvements in inland
waterway transport (OJ L 116,28/04/89)

Amendments Implementation

Council Reg. 3572/90 (OJ L 353,17/12/90) Council Reg. 1102/89 (OJ L 116, 26704/89)

8. 1102/89 (EEC) : Commission Regulation of 27 April 1989 laying down certain measures for implementing Council Regulation (EEC) No 1101/89 on structural improvements in inland waterway
transport (OJ L 116, 28/04/89)

Amendments

Commission Reg. 3685/89 (OJ L 360, 09/12/89)
Commission Reg. 347/91 (OJ L 37, 09/02/91)
Commission Reg. 3690/92 (OJ L 374, 22/12/92

3,2,4. Transport infrastructure

3;2A 1, Coordination, investment and B I W B B W

1. **66/1** 61/EEC : Council Decision of 28 February 1966 instituting a procedure for consultation in
respect of transport infrastructure investment (OJ L 42, 08/03/66)

2. 3359/90 (EEC) : Council Regulation of 20 November 1990 for an action programme in the field
of transport infrastructure with a view to the completion of an integrated transport market in
1992 (OJL 326, 24/1 **1/90)**

3. 93/45/EEC : Commission Decision of 22 December 1992 concerning the granting of financial
support for pilot schemes to promote combined transport (OJ L 16, 25/01/93)

I* measures notified; Nl= measures not incorporated; _D-_ derogation; IR= infringement proceedings underway, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX2 **151**

3,2.4.2. User tariffs

1. 1108/70 (EEC): Council Regulation of 4 June 1970 introducing an accounting system for
expenditure on infrastructure in respect of transport by rail, road and inland waterway
(OJL 130,15/06/70)

**Amendments**

**Access Treaty / DK-IRL-UK**
**Access Treaty / EL**
**Access Treaty / E-P**
**Council Dec.** **73/101** **(OJ L2,** **01/01/73)**

**Implementation**

**Commission Reg.** **2598/70** **(OJ L 278, 23/12/70)**
**Commission Reg.** **281/71** **(OJ L** **33,10/02/71)**

**Council Reg.** **1384/79** **(OJ L 167,** **05/07/79)**
**Council Reg.** **3021/81** **(OJ L 302, 23/10/81)**
**Council Reg.** **3572/90** **(OJ L 353, 17/12/90)**

2. 93/89/EEC : Council Directive 93/89/EEC of 25 October 1993 on the application by Member
States of taxes on certain vehicles used for the carriage of goods by road and tolls and
charges for the use of certain infrastructures (OJ L 279,12/11/93)

Transposition

**B** **DK** **D** EL E F IRL 1 L NL P UK Comments

I Dir. 93/89 101/01/95

**K & ^** **y ' ' lTrah$p6rt pricey and** **terms**

**1.** **4058/89** (EEC) :Council Regulation of 21 December 1989 on the fixing of rates for the carriage
of goods by road between Member States (OJ L 390, 30/12/89)

2. 2342/90 (EEC) : Council Regulation of 24 July 1990 on fares for scheduled air services
(OJL 217.11/08/90)
Implementation

Commission Dec. 92/8(OJ L 5,10/01/92)
Commission Dec. 92/398 (OJ L 220, 05/08/92)

3. 295/91 (EEC) : Council Regulation of 4 February 1991 establishing common rules for a
denied-boarding compensation system in scheduled airtransport (OJ L 36, 08/02/91)

4. 2409/92 (EEC) : Council Regulation of fares and rates for air services (OJ L 240, 24/08/92)

**3&6»** **:;** **Market access** **and capacity control**

3.2.6.1* Road haulage

1. 62/2005/EEC : First Council Directive on the establishment of certain common rules for international transport (carrying of goods by road for hire or reward) (OJ L 70, 06/08/62)

**Amendments**

**Access Treaty /** **DK-IRL-UK**
**Council Dir.** **72/426** **(OJ L** **291,** **28/12/72)**
**Council Dir. 74/149 (OJ L 84, 29/03/74)**
**Council Dir.** **77/158 (OJ** **L 48, 19/02/77)**
**Council Dir.** **78/175** **(OJ L 54,** **25/02/78)**

**Council Dir.** **80/49** **(OJ L 18, 24/01/80)**
**Council Dir.** **82/50** **(OJ L 27,** **04/02/82)**
**Council Dir. 83/572 (OJ L 332,** **28/11/83)**
**Council Dir.** **84/647** **(OJ L 335, 22/12/84)**
**Council Reg. 881/92 (OJ L 95, 09/04/92)**

**I» measures** **notified;** **Nl=** **measures** **not** **Incorporated;** **D=** **derogation;** **IR=** **Infringement** **proceedings under** **way,** **NN=** **no measures** **necessary**

**THE** COMMUNITY INTERNAL MARKET - 1993 REPORT

152 ANNEX2

Transposition

Dir. 62/2005

Dir. 72/426

Dir. 74/149

Dir. 77/158

Dir. 78/175

Dir. 80/49

Dir. 82/50

Dir. 83/572

Dir. 84/647

E

— j —

DK

Nl

I

1

1

1

1

Nl

1

1

D

Nl

IRL 1

NI

L

Nl

NN

NI

Nl

NL

Nl

Comments

- ; - - ' - —

EL

Nl

Nl

F

NI

UK

~T"~

NN

P

Nl

1

31/12/62

01/07/74

30/06/77

01/07/78

01/07/80

01/01/83

01/01/84

30/06/86

B

Nl

**74/561/EEC** **: Council Directive of 12 November 1974 on admission to the occupation of road**
**haulage operator in national and international transport operations (OJ L** **308,19/11/74)**

Amendments

Council Dir. 80/1178 (OJ L 350, 23/12/80)
Council Dir. 85/578 (OJ L 372, 31/12/85)

Transposition

Council Dir. 89/438 (OJ L 212, 22/07/89)
Council Reg. 3572/90 (OJ L 353, 17/12/90)

Comments

D

1

NN

NN

1

1

1

NN

NN

1

NL

1

NN

NN

1

P

1

NN

1

1

UK

1

NN

NN

1

L

NN

NN

1

EL

1

NN

NN

1

E

1

NN

1

1

F

1

NN

NN

Nl

IRL

1

NN

NN

Nl

DK

I

NN

NN

. . .

B

I

NN

NN

Nl

Dir. 74/561

Dir. 80/1178

Dir. 85/578

Dir. 89/438

01/01/77

01/01/81

01/01/86

01/01/90

**77/796/EEC** **: Council Directive of 12 December 1977 aiming at the mutual recognition of**
**diplomas, certificates and other evidence of formal qualifications for goods haulage opera-**
**tors and road passenger transport operators, including measures intended to encourage**
**these operators effectively to exercise their right to freedom of establishment**
**(OJL** **334,** 24/12/77)

Amendments

Council Dir. 80/1180 (OJ L 350, 23/12/80)
Council Dir. 89/438 (OJ L 212, 22/07/89)

Transposition

1

NN

1

- NL

NN

1

P

NN

1

UK

NN

1

L

NN

1

IRL

NN

Nl

Comments

D

NN

1

EL

NN

1

E

NN

1

F

NN

Nl

DK

NN

I

B

NN

Nl

Dir. 77/796

Dir. 80/1180

Dir. 89/438

31/12/78

01/01/81

01/01/90

**82/470/EEC** **: Council Directive of 29 June 1982 on measures to facilitate the effective exercise**
**of freedom of establishment and freedom to provide services in respect of activities of** **self-**
**employed persons in certain services incidental to transport and travel agencies (ISIC Group**
**718) and in storage and warehousing (ISIC Group 720)** (OJ **L** 213, 21/07/82)

Transposition

UK Comments

Dir. 82/470 05/01/84

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

I I

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX 2 153

**4059/89 (EEC) : Council Regulation (EEC) No 4059/89 of 21 December 1989 laying down the**
**conditions under which non-resident carriers may operate national road haulage services**
**within a Member** State (OJ L 390, 30/12/89)

Amendments

Council Reg. 296/91 (OJ L 36, 08702/91)
Commission Dec. 91/232 (OJ L 102, 25/04/91)
Commission Dec. 92/258 (OJ L 128, 14/05/92)

6. **881/92 (EEC) : Council Regulation of 26 March** **1992** **on access to the market in the carriage of**
**goods by road within the Community to or from the territory of a Member State or passing**
**across the territory of one or more Member States (OJ L 95, 09/04/92)**

**7.** **3118/93** **(EEC) : Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the**
**conditions under which non-resident carriers may operate national road haulage services**
**within a Member State (OJ L** 279,12/1 **1/93)**

iSé^^^WfWIWfisliiiiuWfiWB

**1.** **117/66** **(EEC) : Regulation No** **117/66/EEC** **of the Council of 28 July** **1966** **on the introduction of**
**common rules for the international carriage of passengers by coach and bus**

**(OJL** **147,** 09/08/66)

Amendments Implementation

Commission Reg. 212/66 (OJ L 234, 21/12/66) Commission Reg. 1016/68 (OJ L 173, 22/07/68)
Commission Reg. 2485/82 (OJ L 265, 15/09/82)

**2.** **1016/68 (EEC) Regulation (EEC) No** **1016/68** **of the Commission of 9 July** **1968** **prescribing the**
**model control documents referred to in Articles 6 and 9 of Council Regulation No** **117/66/EEC**
(OJ **L** **173,** 22/07/68)

Amendments

Access Treaty / DK-IRL-UK
Commission Reg. 2485/82 (OJ L 265, 15/09/82)
Commission Reg. 1839/92 (OJ L 187, 07/07/92)

**3.** **516/72** **(EEC) : Regulation of the Council of 28 February 1972 on the introduction of common**
**rules for shuttle** services **by coach and bus between Member States** (OJ L 67, 20/03/72)

Derogations Implementation

Council Reg. 2442/72 (OJ L 265, 24/11/72) Commission Reg. 1172/72 (OJ L 134, 12/06/72)

Amendments

Commission Reg. 2778/72 (OJ L292, 29/12/72)
Council Reg. 2778/78 (OJ L 333, 30/11/78)

**4.** **517/72** **(EEC) : Regulation of the Council of 28 February** **1972** **on the introduction of common**
**rules for regular and special regular services by coach and bus between** Member States
(OJ L 67, 20/03/72)

Derogations Implementation

Council Reg. 2442/72 (OJ L 265, 24/11/72) Commission Reg. 1172/72 (OJ L 134, 12/06/72)

I [s] measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

154 ANNEX 2

Amendments

Commission Reg. 2778/72 (OJ L 292, 29/12/72)
Council Reg. 3022/77 (OJ L 358, 31/12/77)
Council Reg. 1301/78 (OJ L 158, 16/06/78)

**1172/72** **(EEC) : Regulation of the Commission of 26 May** **1972** **prescribing the form of the docu-**
**ments referred to in Council Regulation (EEC) No 517/72 and Council Regulation (EEC) No 516/72**
**(OJL** **134,** **12/06/72)**

**Amendments**

Access **Treaty** / EL
Access Treaty / E-P

Commission **Reg.** **2778/72** **(OJ L 292, 29/12/72)**
Council **Reg.** 1839/92 **(OJ** **L** **187,** **07/07/92)**

**6.**

**74/562/EEC** **: Council Directive of 12 November 1974 on admission to the occupation of road**
**passenger transport operator** **in** **national and international transport operations**
**(OJL** **308,** **19/11/74)**

Amendments

Council Dir. 80/1179 (OJ L 350, 23/12/80)
Council Dir. 85/579 (OJ L 372, 31/12/85)

Transposition

Council Dir. 89/438 (OJ **L 212, 22/07/89)**
Council **Reg.** 3572/90 **(OJ L** 353, **17/12/90)**

D

I

NN

NN

I

DK

I

NN

NN

I

E

I

NN

I

I

F

I

NN

NN

Nl

IRL

I

NN

NN

Nl

EL

Nl

NN

NN

I

L

NN

NN

I

I

Nl

NN

NN

I

NL

I

NN

NN

I

P

Nl

NN

I

1

UK

1

NN

NN

1

Comments

B

I

NN

NN

Nl

Dir. 74/562

Dir. 80/1179

Dir. 85/579

Dir. 89/438

01/01/77

01/01/81

01/01/86

01/01/90

**76/914/EEC** **: Council Directive of 16 December 1976 on the minimum level of training for**
**some road transport drivers (OJ** **L** **357,** **29/12/76)**

Transposition

DK

1

D

1

IRL

Nl

EL

1

E

1

F

1

1

1

NL

1

P

1

L

Nl

UK

Nl

Comments

| Dir. 76/914 120/12/78

B

1

**77/796/EEC** **: Council Directive of 12 December 1977 aiming at the mutual recognition of**
**diplomas, certificates and other evidence of formal qualifications for goods haulage opera-**
**tors and road passenger transport operators, including measures intended to encourage**
**these operators effectively to exercise their right to freedom of establishment**

**(OJL** **334, 24/12/77)**

Amendments

Council Dir. 80/1180 (OJ L 350, 23/12/80)
Council Dir. 89/438 (OJ L 212, 22/07/89)

Transposition

DK

NN

I

D

NN

I

EL

NN

I

E

NN

I

F

NN

Nl

IRL

NN

Nl

I

NN

I

L

NN

I

NL

NN

I

P

NN

1

UK

NN

1

Comments

B

NN

Nl

Dir. 77/796

Dir. 80/1180

Dir. 89/438

31/12/78

01/01/81

01/01/90

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary j

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX2 155

**827470/EEC : Council Directive of 29 June 1982 on measures to facilitate the effective exercise**
**of freedom of establishment and freedom to provide services in respect of activities of self-**
**employed persons in certain services incidental to transport and travel agencies (ISIC Group**
**718) and in storage and warehousing (ISIC Group 720) (OJ L** **213,** **21/07/82)**

**Transposition**

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

| Dir. 82/470 03/01/84

**10.** **82/505/EEC** **: Council Decision of 12 July 1982 concluding the Agreement on the International**
**Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR)**
**(OJL** **230, 05/08/82)**

**Implementation**

**Council Reg. 56/83 (OJ L 10, 13/01/83)**
**Council Dec.** **86/286 (OJ** **L** **143,** **03/06/87)**

**11.** **684/92** **(EEC) : Council Regulation of 16 March 1992 on common rules for the international**
**carnage of passengers by coach and bus (OJ L 74, 20/03/92)**

**Amendments**

**Commission** **Reg.** **1839/92 (OJ L 187, 07/07/92)**
**Commission** **Reg.** **2944 (OJ** **L** **266,** **27/10/93)**

**12.** **2454/92** **(EEC) : Council Regulation of 23 July 1992 laying down the conditions under which**
**non-resident** **carriers may operate national road passenger transport services within a Mem-**
**ber State (OJ L** **251,** **29/08/92)**

3.2.6.3, Inland waterway transport

**1.** **2919/85** **(EEC) : Council Regulation of 17 October 1985 laying down the conditions for access**
**to the arrangements under the Revised Convention for the navigation of the Rhine relating to**
**vessels belonging to the Rhine Navigation (OJ L 280, 22/10/85)**

**1101/89 (EEC): Council Regulation of 27 April 1989 on structural improvements in inland**
**waterway transport** (OJ **L** 116, 28/04/89)

Amendments

Council Reg. 3572 (OJ L 353, 17/12/90)
Commission Reg. 317/91 (OJ L 37, 09/02/91)

Implementation

Commission Reg. 1102/89 (OJ L 116, 08/04/89)
Commission Reg. 3685/89 (OJ L 360, 09/12/89)

**91/672/EEC** **: Council Directive of 16 December** **1991** **on the reciprocal recognition of national**
**boatmasters'** **certificates for the carriage of goods and passengers by inland waterway**
**(OJL** 373, 31/12/91)

Transposition

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

Dir. 91/672 01/01/93

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**156** **ANNEX2**

**4.** **3921/91** **(EEC) : Council Regulation of 16 December** **1991** **laying down the conditions under**
**which** **non-resident** **carriers may transport goods or passengers by inland waterway within a**
**Member State (OJ L** **373,** **31/12/91)**

3.2.6:4* Maritime transport

**1.** **4055/86** **(EEC) : Council Regulation of** **22** **December 1986 applying the principle of freedom to**
**provide services to maritime transport between Member States and between Member States**
**and third countries (OJ L** **378,** **31/12/86)**

**Amendments**

**Council Dec 87/475 (OJ L 272, 25/09/87)**
**Council Reg.** **3573/90** **(OJ L** **353,17/12/90)**

**2.** **4058/86(EEC)** **:** **Council Regulation of 22 December 1986 concerning coordinated action to**
**safeguard free access to cargoes in ocean trades (OJ L** **378,** **31/12/86)**

**3.** **3577/92 (EEC) : Council Regulation of 7 December 1992 applying the principle of freedom to**
**provide** **services to maritime transport within Member** **States** **(maritime cabotage)**
**(OJL 364,12/12/92)**

**Amendments**

**Commission Dec.** **93/125** **(OJ L 49, 27/02/93)**

3.2.6,5. Combined transport

**1.** **92/106/EEC** **: Council Directive of 7 December 1992 on the establishment of common rules for**
**certain types of combined transport of** **goods** **between Member** **States** **(OJ** **L 368,17/12/92)**

**Transposition**

**B** **DK** **EL** **IRL** **I** **NL** **UK** **Comments**

**Dir.** **92/106** j 01/07/93

3.2,6.6. Air transport

**1.** **2343/90 (EEC) : Council Regulation of 24 July 1990 on access for air carriers to scheduled**
**intra-community** **air service routes and on the sharing of passenger capacity between air**
**carriers on scheduled air services between Member-states (OJ** **L 217,11/08/90)**

Amendments

Commission Dec. 92/552 (OJ L 353, 03/12/92)

**2.** **91/670/EEC** **: Council Directive of 16 December 1991 on mutual acceptance of personnel**
**licences for the exercise of functions in civil aviation (OJ L** **373,** **31/12/91)**

Transposition

DK

I

D

I

IRL

1

EL

1

E

1

F

1

1

1

NL

1

P

IR

UK

1

L

1

Comments

| Dir. 91/670 01/01/92

B

I

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way, NN= no measures necessary |

THE COMMUNITY INTERNAL MARKET -1993 ANNUAL

**ANNEX2** **157**

**92/14/EEC** **: Council Directive of 2 March 1992 on the limitation of the operation of aeroplanes**
**covered by Part II, Chapter** **2,** **Volume 1 of Annex 16 to the Convention on Intemational Civil**
**Aviation,** **second edition** **(1988)** **(OJ L** **76,23/03/92)**

Transposition

**DK**

**1**

**D j EL**
**IR |** **1**

E

1

F

IR

IRL

IR

L

IR

1

IR

P

1

UK

1

Comments
NL partial notification

NL

1

| Dir. 92/14 101/07/92

**B**

**1**

**2407/92 (EEC) : Council Regulation of 23 July** **1992** **on licensing of air carriers**
**(OJ L 240, 24/08/92)**

**5.** **2408/92 (EEC) : Council Regulation of 23 July 1992 on access for Community air carriers to**
**intra-Community** **air routes (OJ L** **240,24/08/92)**

**3.2.7.** **Technical harmonization and safety**

**3,2.7*1*** **Road transport**

**1.**

**2.**

**80/1263/EEC** **: First Council Directive of 4 December 1980 on the introduction of a Community**
**driving licence** (OJ **L** 375, **31/12/80)**

Amendments

Access Treaty / E-P
Council Reg. 3572/90 (OJ L 353, 17/12/90)

Transposition

**77/143/EEC** **: Council Directive of 29 December 1976 on the approximation of the laws of the**
**Member States relating to roadworthiness tests for motor vehicles and their trailers**
**(OJL 47,** 18/02/77)

Amendments

Council Dir. 88/449 (OJ L 222, 12/08/88)
Council Dir. 91/225 (OJ L 103, 23/04/91)
Council Dir. 91/328 (OJ L 178, 06/07/91)

Transposition

Council Dir. 92/54 (OJ L 225, 10/08/92)
Council Dir. 92/55 (OJ L 225, 10/08/92)

DK

1

1

EL

1

1

D

1

1

F

1

1

IRL

1

1

1

I

1

E

1

1

1

NL

1

1

P

1

1

UK

1

1

L

1

1

1

Comments

B

**I**

Nl

Dir. 77/143

Dir. 88/449

Dir. 91/225

Dir. 91/328

Dir. 92/54

Dir. 92/55

31/12/77

27/07/90

01/01/92

01/07/93

21/06/93

21/06/93

DK

**I**

IRL

I

D

**I**

EL

I

E

I

F

I

I

I

L

I

NL

I

UK

I

P

I

Comments

Dir. 80/1263 30/06/82

B

Nl

**85/3/EEC : Council Directive of 19 December 1984 on the weights, dimensions and certain**
**other technical characteristics of certain road vehicles (OJ L 2, 03/01/85)**

Amendments

Council Dir. 86/360 (OJ L 217, 05/08/86)
Council Dir. 88/218 (OJ L 98, 15/04/88)
Council Dir. 89/338 (OJ L 142, 25/05/89)
Council Dir. 89/460 (OJ L 226, 03/08/89)

Council Dir. 89/461 (OJ L 226, 03/08/89)
Council Dir. 91/60 (OJ L 37, 09/02/91)
Council Dir. 92/7 (OJ L 57, 02/03/92)

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

158 ANNEX2

Transposition

D

I

I

I

Nl

EL E

I

I

I

I

I

F

I

I

I

I

DK

I

I

I

I

IRL

I

I

I

Nl

I

I

I

Nl

I

I

L

I

I

Nl

Nl

NL

1

1

1

1

Nl

P

1

1

1

1

Nl

UK

1

1

1

Nl

Comments

B

I

I

I

I

Dir. 85/3

Dir. 86/360

Dir. 89/338

Dir. 89/460

Dir. 89/461

Dir. 91/60

Dir. 92/7

01/01/90

01/07/86

01/01/93

31/12/98

01/01/91

01/10/91

01/01/93

**3821/85 (EEC) : Council Regulation of 20 December 1985 on recording equipment in road**
**transport** (OJ **L** 370, 31/12/85)

Amendments

Council Dir. 88/599 (OJ L 325, 29/11/88)
Commission Reg. 3314/90 (OJ L 318, 17/11/90)

Transposition

Council Reg. 3572/90 (OJ L 353, 17/12/90)
Commission Reg. 3688792 (OJ L 374, 22/12/92)

DK

I

D

I

EL

I

E

1

F

1

IRL

1

1

Nl

NL

Nl

p

1

Comments

L

Nl

UK

1

| Dir. 88/599 01/01/89

B

Nl

**5.** **86/364/EEC : Council Directive of 24 July** **1986** **relating to proof of compliance of vehicles with**
**Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of**
**certain road vehicles (OJ L** 221, **07/08/86)**

Transposition

E

1

F

1

IRL

1

1

1

DK

1

D

1

EL

1

NL

1

P

1

UK

1

Comments

L

1

| Dir. 86/364 29/07/86

B

I

**89/459/EEC : Council Directive of 18 July 1989 on the approximation of the laws of the Mem-**
**ber States relating to the tread depth of tyres of certain categories of motor vehicles and their**
**trailers (OJ L** 226, 03/08/89)

Transposition

DK

Nl

D

Nl

EL

Nl

E

Nl

F

I

IRL

I

I

Nl

L

I

NL

I

P

I

UK

I

Comments

| Dir. 89/459 01/01/92

B

Nl

**89/684/EEC :Council Directive of 21 December 1989 on vocational training for certain drivers**
**of vehicles carrying dangerous goods by road** (OJ L 398, 30/12/89)

Transposition

D

Nl

EL

Nl

E

I

DK

Nl

F

I

IRL

Nl

I

I

L

I

NL

Nl

P

Nl

UK

Nl

Comments

Dir. 89/684 01/01/90

B

Nl

**8.** **91/439/EEC** **: Council Directive of 29 July** **1991** **on driving licences (OJ L 237, 24/08/91)**

Transposition

F IRL I L NL P UK Comments

Dir. 91/439 01/07/96

B DK D EL I E

|

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX 2 159

**9.** **91/671/EEC** **: Council Directive of 16 December** **1991** **on the approximation of the laws of the**
**Member States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes**
**(OJL373,** **31/12/91)**

Transposition

IRL 1 L

1

NL P UK Comments

I Dir. 91/671 101/01/93

B DK D EL E F

1

**10.** **92/6/EEC** **: Council Directive of 10 February** **1992** **on the installation and use of speed limita-**
**tion devices for certain categories of motor vehicles in the Community** (OJ L **57,** 02/03/92)

Transposition

NL P UK Comments

I Dir. 92/6 101/10/93

B DK D EL E F IRL I L

1

**11.** **92/24/EEC** **: Council Directive of** **31** **March** **1992** **relating to speed limitation devices or similar**
**speed limitation on-board systems of certain categories of motor vehicles**
**(OJL 129,14/05/92)**

Transposition

**D** EL

I

E

I

F IRL

I

I

I

L I NL

j I

P

I

UK

I

Comments

I Dir. 92/24 101/01/93

**B** **DK**

**I**

3„2J.2. Inland waterway transport

**1.** **71/349/EEC** **: Council Directive of 12 October 1971 on the approximation of the laws of the**
**Member States relating to the calibration of the tanks of vessels (OJ L** 239, 25/10/71)

Transposition

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

I Dir. 71/349 115/04/73

**2.** **76/135/EEC : Council Directive of 20 January 1976 on reciprocal recognition of navigability**
**licences for inland waterway vessels** (OJ L 21, 21/01/76)

Amendments

Council Dir. 78/1016 (OJ L 349, 13/12/78)

Transposition

Implementation

Commission Dec. 77/527 (OJ L 209, 17/08/77)

DK

NN

NN

D

I

NN

EL

NN

NN

E

NN

NN

F

I

NN

IRL

NN

NN

L

I

NN

I

NN

NN

NL

I

NN

UK

NN

NN

P

NN

NN

Comments

B

I

NN

Dir. 76/135

Dir. 78/1016

23/01/77

01/01/80

**82/714/EEC** **: Council Directive of 4 October 1982 laying down technical requirements for**
**inland waterway vessels** (OJ L 301, 28/10/82)

Transposition

DK

I

D

I

EL

NN

F

I

IRL

NN

E

NN

I

I

NL

I

P

NN

L

I

UK

NN

Comments

| Dir. 87/714 101/01/85

B

Nl

l= measures notified; Nl= measures not incorporated; D= derogation; IR [S] infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

160 ANNEX2

**4.** **91/672/EEC** **: Council Directive of** **16** **December** **1991** **on the reciprocal recognition of national**
**boatmasters'** **certificates for** **the** **carriage of goods and passengers by inland waterway**
**(OJL373,** **31/12/91)**

Transposition

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

I Dir. 91/672 101/01/93

3.2.7*3. Maritime transport

**1.** **79/115/EEC** **: Council Directive of** **21** **December** **1978** **concerning pilotage of vessels by deep-**
**sea pilots in the North Sea and English Channel (OJ** **L** **33, 08/02/79)**

Transposition

F

1

E

1

P

_>_ 1

UK

1

L

NN

DK

1

D

1

EL

1

IRL

1

1

1

NL

1

Comments

Dir. 79/115 131/12/79

B

1

**79/116/EEC** **: Council Directive of** **21** **December 1978 concerning minimum requirements for**
**certain tankers entering or leaving Community ports (OJ L** **33,** **08/02/79)**

Amendments

Council Dir. 79/1034 (OJ L 315, 11/12/79)

Transposition

D

1

1

E

1

1

DK

1

1

EL

1

1

F

1

1

IRL

1

1

NL

1

1

P

1

1

L

NN

NN

1

1

1

UK

1

1

Comments

B

I

1

Dir. 79/116

Dir. 79/1034

31/12/79

31/12/80

**3.** **613/91 (EEC) : Council Regulation of 4 March 1991 on the transfer of ships from one register**
**to another** **within** **the Community (OJ** **L 68,13/03/91)**

**4.** **92/143/EEC** **: Council Decision of** **25** **February 1992 on radionavigation systems for Europe**
**(OJ L** **59,** **04/03/92)**

3,2.7.41 Air transport

**1.** **80/51/EEC** **: Council Directive of 20 December 1979 on the limitation of noise emissions from**
**subsonic aircraft (OJ L 18, 24/01/80)**

Amendments Implementation

Council Dir. 83/206 (OJ L 117, 04/05/83)

Transposition

Council Dir. 89/629 (OJ L 363, 13/12/89)
Council Dir. 92/14 (OJ L 76, 23/03/92)

IRL

1

1

1

IR

DK

1

1

1

1

D

1

1

1

IR

EL

1

1

1

1

E

1

1

1

1

F

1

1

1

IR

1

1

1

IR

IR

NL

1

1

1

1

P

1

1

1

1

L

1

1

IR

IR

UK

1

1

1

1

Comments

NL: partial notification

B

I

I

I

1

Dir. 80/51

Dir. 83/206

Dir. 89/629

Dir. 92/14

21/06/80

26/04/84

30/06/90

01/07/92

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary J

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

(19

ANNEX2 161

**80/1266/EEC : Council Directive of** **16** **December** **1980** _**on future**_ **cooperation and mutual assis-**
**tance between the Member** **States** **in the field of air accident investigation (OJ L 375, 31/12/80)**

**Transposition**

DK| D

**1** **Nl**

EL

1

F

NI

IRL

NI

NL

Nl

P

NN

1

Nl

L

Nl

UK

Nl

Comments

| Dir. 80/1266 01/07/81

B

**Nl**

E

1

**89/629/EEC : Council Directive of 4 December 1989 on the limitation of noise emission from**
**civil subsonic jet aeroplanes (OJ** **L 363,13/12/89)**

Transposition

**DK**

**1**

**D**

**1**

EL 1 E

1 | 1

F

1

IRL

1

1

IR

NL

1

P

1

L

IR

UK

1

Comments

I Dir. 86/629 130/06/90

**B**

**1**

**4.** **3922/91** **(EEC) : Council Regulation of 16 December 1991 on the harmonization of technical**
**requirements and administrative procedures in the field of civil aviation (OJ L 373, 31/12/91)**

**3.3.** **T^eebmmùnîcàtîohs** **services**

**1.**

**2.**

**3.**

**87/372/EEC** **: Council Directive of 25 June 1987 on the frequency bands to be reserved for the**
**coordinated introduction of public pan-European cellular digital land-based mobile commu-**
**nications in the Community (OJ L** **196,17/07/87)**

Transposition

**90/388/EEC : Commission Directive of 28 June 1990 on competition in the markets for tele-**
**communications services (OJ L** **192,** **24/07/90)**

Transposition

**DK**

**1**

**D**

**1**

EL

IR

IRL

1

E

1

F

1

1

1

L

1

NL

1

P

IR

UK

1

Comments

Dir. 87/372 27/12/88

**B**

**I**

**90/387/EEC : Council Directive of** **28** **June** **1990** **on the establishment of the internal market for**
**telecommunications services through the implementation of open network provision**

**(OJL** **192, 24/07/90)**

Transposition

DK

**1**

D

**1**

EL

IR

E

1

F

1

IRL

1

1

1

NL

1

P

1

L

1

UK

1

Comments

Dir. 90/387 01/01/91

B

**1**

DK

**I**

EL

IR

D

**I**

E

I

F

I

I

IR

L

I

IRL

I

NL

I

P

1

UK

1

Comments

Dir. 90/388 31/12/90

B

**I**

**90/544/EEC : Council Directive of** **9** **October on the frequency band designated for the coordi-**
**nated introduction of** **pan-european** **land-based public radio paging in the Community**
**(OJL** **310,** **09/11/90)**

Transposition

F

I

**DK**

**I**

**D**

**I**

IRL

IR

EL

I

E

I

L

I

I

I

NL

I

P

IR

UK

I

Comments

| Dir. 90/544 18/10/91

**B**

**I**

I» measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

162 ANNEX2

**91/287/EEC** **: Council Directive of** **3** **June** **1991** **on the frequency band to be designated for the**
**coordinated introduction of digital European cordless telecommunications (DECT) into the**
**Community (OJ L 144, 08/06/91)**

Transposition

DK

1

D

1

EL

1

F

1

E

1

IRL

IR

1

IR

NL

1

UK

1

L

1

P

IR

Comments

I Dir. 90/287 131/12/91

B

1

**6.**

**92/44/EEC** **: Council Directive of 5 June 1992 on the application of open network provision to**
**leased lines (OJ L** **165,19/06/92)**

Transposition

DK

IR

D

IR

EL

IR

F

1

IRL

IR

NL

IR

E

IR

1

IR

P

IR

UK

IR

L

IR

Comments

| Dir. 92/44 105/06/93

B

IR

111 **Audiovisual services**

**1.** **89/552/EEC** **: Council Directive of 3 October 1989 on the coordination of certain provisions**
**laid down by law, regulation or administrative action in Member States concerning the** **pur-**
**suit of** **television** **broadcasting activities (OJ** **L 298,17/10/89)**

Transposition

DK

IR

D

IR

EL

IR

E

IR

I

IR

F

IR

IRL

IR

NL

IR

UK

IR

L

IR

P

IR

Comments

I Dir. 89/552 103/10/91

B

IR

**4,** iB9ËËMÔMMlNWeïS^lli

**1.** **88/361/EEC** **: Council Directive of 24 June 1988 for the implementation of Article 67 of the**
**Treaty** **(OJ** **L** **178,** **08/07/88)**

Implementation

Council Dir. 92/122 (OJ L 409, 31/12/92)

Transposition

DK

I

NN

EL

I

NN

D

I

NN

E

I

NN

F

1

NN

IRL

1

NN

1

1

NN

UK

1

NN

L

1

NN

NL

1

NN

P

1

NN

Comments

EL: application of Article
6.2 of Dir. 88/361

B

I

NN

Dir. 88/361

Dir. 92/122

01/07/90

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

**ANNEX2** **163**

& ïittMfëiR60.UREMËNÈ

**1** . **71/305/EEC : Council Directive of 26 July** **1971** **concerning the co-ordination of procedures for**
**the award of public works contracts** (JO **L** **185,16/08/71)**

Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL
Access Treaty / E-P

Council Dec. 73/101 (JO L 2, 01/01/73)
Council Dir. 89/440 (JO L 210, 21/07/89)

Transposition

Council Dir. 90/531 (JO L 297, 29/10/90)
Commission Dec. 92/456 (JO L 257, 03/09/92)
Council Dir. 92/50 (JO L 209, 24/07/92)
Council Dir. 93/4 (JO L 38, 16/02/93)

**DK**

**I**

**I**

**I**

**I**

**NN**

D

I

IR

IR

IR

NN

EL

1

IR

D

IR

NN

E

IR

IR

0

IR

NN

L

1

1

1

Nl

NN

F

IR

IR

1

Nl

NN

IRL

1

1

1

1

NN

NL

IR

1

1

1

NN

1

1

1

1

IR

NN

P

1

IR

O

IR

NN

UK

1

1

1

Nl

NN

**B**

**I**

**I**

**Nl**

**Nl**

**NN**

Comments

NL* non-conformity

D-F: non-conformity

E-EL-P: derogation
01/01/96

Dir. 71/305

Dir. 89/440

Dir. 90/531

Dir. 92/50

Dir. 93/4

**30/07/92**

**19/07/90**

**01/07/92**

**01/07/93**

**01/07/93**

**77/62/EEC** **: Council Directive of 26 July 1971 concerning the co-ordination of procedures for**
**the award of public works contracts (JO** **L13,** 15/01/77)

Amendments

Access Treaty / EL
Access Treaty / E-P

Council Dir. 88/295 (JO L 127, 20/05/88)
Council Dir. 90/531 (JO L 297, 29/10/90)
Council Dir. 92/50 (JO L 209, 24/07/92)

Transposition

Implementation

Council Dir. 80/767 (JO **L** 215, 18/08/80)

EL

1

Nl

IR

0

IR

IRL

1

1

1

1

1 IR

DK

**1**

**1**

**1**

**1**

**1**

D

1

1

IR

IR

IR

E

IR

Nl

IR

D

IR

F

1

1

IR

1

Nl

L

1

1

1

1

Nl

NL

1

1

1

1

NN

P

1

1

1

D

IR

UK

1

1

1

1

Nl

Comments

D-F: non-conformity
E-EL-P: derogation
01/01/96

B

**I**

**I**

**I**

**Nl**

**Nl**

Dir. 77/62

Dir. 80/767

Dir. 88/295

Dir. 90/531

Dir. 92/50

**24/06/78**

**01/01/81**

**01/01/89**

**01/07/92**

**01/07/93**

**89/665/EEC : Council Directive of 21 December 1989 on the coordination of the laws, regula-**
**tions and administrative provisions relating to the application of review procedures to the**
**award of public supply and public works contracts** (JO L 395, 30/12/89)

Amendments

Council Dir. 92/50 (JO L 209, 24/07/92)

Transposition

DK

**I**

**I**

D

IR

IR

EL

IR

Nl

E

I

IR

F

I

Nl

IRL

I

I

I

I

IR

L

1

Nl

NL

1

NN

UK

1

Nl

P

1

IR

Comments

EL: partial transposition

B

**I**

**Nl**

Dir. 89/665

Dir. 92/50

**21/12/91**

**01/07/93**

l« measures notified; Nl= measures not incorporated; D« derogation; IRs infringement proceedings under way; NN= no measures necessary]

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**164** **ANNEX2**

**90/531/EEC : Council Directive of 17 September 1990 on the procurement: procedures of**
**entities operating in the water, energy, transport and telecommunications sectors**
**(JO L 297,29/10/90)**

Derogation

Commission Dec. 93/18 (JO L 12, 20/01/93)

Transposition

DK

1

D

IR

EL

0

E

D

F

1

IRL

1

1

IR

L

1

NL

1

P

D

UK

1

Comments
derogation E: 01/01/96 ;
EL-P: 01/01/98

Dir. 90/531 01/07/92

B

Nl

**92/13/EEC** **: Council Directive of 25 February** **1992** **coordinating the laws, regulations and**
**administrative provisions relating to the application of Community rules on the procurement**
**procedures of entities operating in the water, energy, transport and telecommunications sec-**
**tors (JO** **L** **76, 23/03/92)**

Transposition

E

D

IRL

I

**DK**

**I**

D

IR

EL

D

I

IR

L

I

NL

IR

P

0

UK

I

Comments
derogation E: 01/01/96 ;
EL-P: 01/01/98

F

NI

Dir. 92/13 01/01/93

**B**

**IR**

**92/50/EEC** **: Council Directive of 18 June 1992 relating to the coordination of procedures for**
**the award of public service contracts** (JO **L** **209,** 24/07/92)

Transposition

B DK D EL E F IRL I L NL P UK Comments
**Dir 92/50** 01/07/93 Nl IR I IR I IR I Nl I JR | Nl I IR Nl

l« measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way, NN= no measures necessary

THE COMMUNITY INTERNAL MARKET                            - 1993 ANNUAL

ANNEX 2 165

90/377/EEC : Council Directive of 29 June 1990 concerning a Community procedure to
improve the transparency of gas and electricity prices charged to industrial **end** users
(OJL 185, 17/07/90)

Transposition

D

1

EL

1

IRL

1

DK

1

F

1

UK

1

E

IR

1

1

NL

1

P

1

Comments

EL-F: partial transposition

L

1

| Dir. 90/377 101/07/91

B

I

2.

3.

90/547/EEC : Council Directive of 29 October 1990 on the transit of electricity through transmission grids (OJ L 313,13/11/90)

91/296/EEC : Council Directive of 31 May 1991 on the transit of natural gas through grids
(OJL 147, 12/06/91)

Transposition

Transposition

| Dir. 90/547 01/07/91

1

D

1

1

1

Comments

B

I

DK

I

E F

1 1

1 J.NI

IRL

NL

1

P

1

UK

I

L

1

EL

1

IRL

I

F

IR

I

IR

L

1

UK

1

Comments

DK

I

D

IR

EL

I

E

IR

NL

1

P

IR

! Dir. 91/296 01/01/92

B

I

il SKffiiiraM^rapffiSiBiai^^R;

**2349/84 (EEC) : ommission Regulation of 23 July 1984 on the application of Article 85 (3) of**
**the Treaty to certain categories of patent licensing agreements** (OJ L 219, **16/08/84)**

Amendments

Access Treaty / E-P
Commission Reg. 151/93 (OJ L 21, 29/01/93)
Council Reg. 1768 (OJ L 182, 02/07/92)

2. **3842/86** **(EEC) : Council Regulation of** **1** **December 1986 laying down measures to prohibit the**
**release for free circulation of counterfeit goods (OJ L** 357,18/12/86)

Implementation

Commission Reg. 3077/87 (OJ L 291, 15/10/87)

**87/54/EEC : Council Directive of 16 December 1986 on the legal protection of topographies of**
**semiconductor products (OJ L 24,** 27/01/87)

Implementation

Council Dec. 90/510 (OJ L 285, 17/10/90)
Council Dec. 93/16 (OJ L 11, 19/01/93)

Transposition

Council Dec. 93/17 (OJ L 11, 19/01/93)
Council Dec. 93/217 (OJ L 94, 20/04/93)

E

1

IRL

1

EL

IR

F

1

1

1

P

1

UK

1

L

1

DK

I

D

1

NL

1

Comments

EL: not properly incorporated

Dir. 87/54 07/11/87

B

I

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

166 ANNEX 2

**4.** **89/104/EEC : First Council Directive of 21 December 1988 to approximate the laws of the**
**Member States relating to trade marks** (OJ **L** 40,11/02/89)

Amendments

Council Dec. 92/10 (OJ L 6, 11/01/92)

Transposition

DK

**I**

D

**Nl**

EL

I

E

I

F

I

I

I

IRL

Nl

L

Nl

NL

Nl

P

Nl

UK

Nl

Comments

Dir. 89/104 31/12/92

B

**Nl**

**91/250/EEC** **: Council Directive of 14 May** **1991** **on the legal protection of computer programs**
(OJL 122, 17/05/91)

Transposition

F

NI

IRL

1

P

Nl

UK

1

DK

**1**

D

**1**

EL

1

E

Nl

1

1

L

Nl

NL

Nl

Comments

I Dir. 91/250 101/01/93

B

**Nl**

6. **1768/92 (EEC) : Council Regulation of 18 June** **1992** **concerning the creation of a supplemen-**
**tary protection certificate for medicinal products** (OJ **L** 182, 02/07/92)

**7.** **92/100/EEC** **: Council Directive of 19 November 1992 on rental right and lending right and on**
**certain rights related to copyright in the field of intellectual property** (OJ L 346, 27/11/92)

Transposition

B DK **D** EL IRL NL UK Comments

**Dir. 92/100** 01/07/94

**93/83/EEC : Council Directive of 27 September 1993 on the coordination of certain rules** **con-**
**cerning copyright and rights related to copyright applicable to satellite broadcasting and**
**cable retransmission** (OJ L **248,** 06/10/93)

Transposition

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

Dir. 93/83 101/01/95

**9.** **93/98/EEC: Council Directive of 29 October 1993 harmonizing the term of protection of**
**copyright and certain related rights** (OJ L 290, 24/11/93)

Transposition

B DK D EL ^ E ^ F IRL I L NL P UK Comments

Dir. 93/98 01/07/95

**10.** **40/94 (CE) : Council Regulation of 20 December 1993 on the** Community **trade mark**
**(OJL** **11,** **14/01/94)**

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 ANNUAL

ANNEX2 167

#### il BBBH

**i.**

**2.**

**77/91/EEC: Second Council Directive of 13 December 1976 on coordination of safeguards**
**which,** **for the protection of the interests of members and others, are required by Member**
**States of companies within the meaning of the second paragraph of Article 58 of the Treaty,**
**in respect of the formation of public limited liability companies and the maintenance and**
**alteration of their** **capital,** **with a view to making such safeguards equivalent**
**(OJL** **26,** **31/01/77)**

Amendments

**Access Treaty** / EL
Access Treaty / E-P
**Council** Dir. 92/101 (OJ L 347, 28/11/92)

Transposition

**68/151/EEC** : **First Council Directive of 9 March 1968 on co-ordination of safeguards which,**
**for the protection of the interests of members and others, are required by Member States of**
**companies within the meaning of the second paragraph of Article 58 of the Treaty, with a**
**view to making such safeguards equivalent throughout the Community** (OJ **L** **65,14/03/68)**

Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL
Access Treaty / E-P

Transposition

D

IR

DK

1

EL

1

E

1

F

1

IRL

1

1

1

L 1 NL

1 j 1

P

1

UK

1

Comments

I Dir. 68/151 111/09/69

B

I

D

I

I

EL

1

Nl

F

1

NI

DK

I

Nl

E

1

Nl

IRL

1

NI

L

1

Nl

1

1

Nl

NL

1

1

P

1

Nl

UK

1

Nl

Comments

B

I

Nl

Dir. 77/91

Dir. 92/101

17/12/78

01/01/94

**78/660/EEC : Fourth Council Directive of 25 July** **1978** **based on Article 54 (3) (g) of the Treaty**
**on the annual accounts of** certain **types of companies** (OJ L 222, **14/08/78)**

Amendments

Access Treaty / EL
Access Treaty / E-P

Council Dir. 83/349 (OJ L 193, 18/07/83)
Council Dir. 84/569 (OJ L 314, 04/12/84)

Transposition

Council Dir. 89/666 (OJ L 395, 30/12/89)
Council Dir. 90/604 (OJ L 317, 16/11/90)
Council Dir. 90/605 (OJ L 317, 16/11/90)

DK

I

I

NN

I

NN

I

D

I

I

NN

I

NN

IR

EL

I

I

NN

I

NN

IR

E

I

I

NN

I

NN

IR

IRL

I

I

NN

IR

NN

IR

F

I

I

NN

I

NN

IR

I

I

I

NN

I

NN

NN

L

I

I

NN

I

NN

IR

NL

I

I

NN

I

NN

I

P

I

I

NN

I

NN

IR

Comments

B: partial transposition

UK

I

I

NN

I

NN

I

B

I

I

NN

IR

NN

I

Dir. 78/660

Dir. 83/349

Dir. 84/569

Dir. 89/666

Dir. 90/604

Dir. 90/605

31/07/80

01/01/88

01/01/92

31/12/92

31/12/92

**78/855/EEC: Third** Council Directive **of 9 October 1978 based** on **Article 54 (3) (g) of the**
**Treaty** concerning mergers **of public limited liability** companies (OJ L 295, 20/10/78)

Amendments

Access Treaty / EL
Access Treaty / E-P

Is measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1.993 REPORT

168 ANNEX 2

Transposition

| Dir. 78/855 113/10/81

B

I

DK

I

D

I

EL

I

E

1

NL

1

UK

1

L

1

F

1

IRL

1

1

1

P

1

Comments

**82/891/EEC** **: Sixth Council Directive of 17 December** **1982** **based on Article 54 (3) (g) of the**
**Treaty, concerning the division of public limited liability companies (OJ L 378, 31/12/82)**

Transposition

DK| D

**i** | **NN**

EL

**1**

E

1

F

1

IRL

1

1

1

NL

NN

L

1

P

1

UK

1

Comments

Dir. 82/891 101/01/86

B

**1**

**83/349/EEC : Seventh Council Directive of 13 June 1983 based on the Article 54 (3) (g) of the**
**Treaty on consolidated accounts (OJ L** **193,18/07/83)**

Amendments

Access Treaty / E-P
Council Dir. 89/666 (OJ L 395, 30/12/89)

Transposition

Council Dir. 90/604 (OJ L 317, 16/11/90)
Council Dir. 90/605 (OJ L 317, 16/11/90)

DK

**1**

**1**

NN

**1**

D

1

1

NN

IR

EL

1

1

NN

IR

E

1

1

NN

IR

F

1

1

NN

IR

1

Nl

1

NN

NN

L

1

1

NN

IR

IRL

1

IR

NN

IR

NL

1

1

NN

1

UK

1

1

NN

1

P

1

1

NN

IR

B

I

IR

NN

1

Comments

B : partial transposition

Dir. 83/349

Dir. 89/666

Dir. 90/604

Dir. 90/605

01/01/88

01/01/92

31/12/92

31/12/92

**84/253/EEC** **: Eighth Council Directive of 10 April 1984 based on Article 54 (3) (g) of the Treaty**
**on the approval of persons responsible for carrying out the statutory audits of accounting**
**documents** (OJ L 126, 12/05/84)

Transposition

NL UK Comments

**Dir. 84/253** 01/01/88

B DK EL IRLX I
311

**89/666/EEC : Eleventh Council Directive of 21 December** **1989** **concerning disclosure require-**
**ments in respect of branches opened in a Member State by certain types of company**
**governed by the law of another State** (OJ **L** 395, 30/12/89)

Transposition

DK

I

D

**1**

E

1

IRL

IR

EL

1

F

1

1

1

NL

1

P

1

UK

1

L

1

Comments
B : partial transposition

Dir. 89/666 01/01/92

B

IR

**89/667/EEC : Twelfth Council company law Directive of 21 December 1989 on single-member**
**private limited-liability companies** (OJ L 395, 30/12/89)

Transposition

DK EL

IR

NL UK Comments
B : partial transposition

Dir. 89/667 01/01/92

B

IR

IRL

IR

l= measures notified; Nl= measures not incorporated; p^ejogation;jR= infringement proceedings under way; NN= no measures necessary j

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX2 **169**

**II** _mmmmm_

**9.1.** **indirect taxation**

**9.1.1.** **Indirect** **taxation**

**9.1.1.1** **VAT**

**1.** **67/227/EEC** **: First Council Directive of 11 April 1967 on the harmonisation of legislation of**
**Member States concerning turnover** **taxes** **(OJ** **L 71,14/04/67)**

Amendments

Access Treaty / DK-IRL-UK
Council Dir. 69/463 (OJ L 320, 20/12/69)
Council Dir. 71/401 (OJ L 283, 24/12/71)

Transposition

Council Dir. 72/250 (OJ L 162, 16707/72)
Council Dir. 77/388 (OJ L 145, 13/06777)

DK

I

NN

NN

NN

I

D

I

I

NN

NN

I

EL

I

Nl

NN

NN

1

E

1

1

NN

NN

1

F

1

1

NN

NN

1

IRL

1

NN

NN

NN

1

L

1

1

NN

NN

1

NL

1

1

NN

NN

1

P

NN

1

NN

NN

1

UK

1

NN

NN

NN

1

Comments

B

I

I

NN

NN

I

Dir. 67/227

Dir. 69/463

Dir. 71/401

Dir. 72/250

Dir. 77/388

01/01/70

01/01/87

01/01/73

01/10/72

31/12/78

**77/388/EEC** **: Sixth Council Directive of 17 May 1977 on the harmonization of the laws of the**
**Member States relating to turnover** **taxes -** **Common system of value added tax: uniform basis**
**of assessment (OJ L** **145,13/06/77)**

Derogations/Simplifications

92/545 (OJ
92/546 (OJ
92/614 (OJ
92/615 (OJ
92/616 (OJ
92/617 (OJ
92/618 (OJ
92/619 (OJ
92/620 (OJ
92/621 (OJ
93/109 (OJ
93/110(O J
93/111 (OJ
93/204 (OJ

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

83/333 (OJ L 181, 06/07/83)
84/468 (OJ L 264, 05/10/84)
84/469 (OJ L 264, 05/10/84)
84/517 (OJ L 285, 30/10/84)
86/356 (OJ L 212, 02/08/86)
88/498 (OJ L 269, 29/09/88)
89/466 (OJ L 226, 03/08/89)
89/487 (OJ L239, 16/08/89)
89/534 (OJ L 280, 29/09/89)
89/683 (OJ L 398, 30/12/89)
90/127 (OJ L 73, 20/03/90)
90/497 (OJ L 276, 06/10/90)
92/543 (OJ L 351, 02/12/92)
92/544 (OJ L 351, 02/12/92)

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

Council Dec.

L 351, 02/12/92)
L 351, 02/12/92)
L 408, 31/12/92)
L 408, 31/12/92)
L 408, 31/12/92)
L 408, 31/12/92)
L 408, 31/12/92)
L 408, 31/12/92)
L 408, 31/12/92)
L 408, 31/12/92)
L 43, 20/02/93)
L 43, 20/02/93)
L 43, 20/02/93)
L 88, 08/04/93)

Amendments

Access Treaty / EL
Access Treaty / E-P
Council Dir. 80/368 (OJ L 90, 03/04/80)
Council Dir. 83/648 (OJ L 360, 23/12/83)
Council Dir. 84/386 (OJ L 208, 03/08/84)

Implementation

Council Dir. 83/181 (OJ L 105, 23/04/83)

Council Dir. 86/247 (OJ L 164, 20/06/86)
Council Dir. 89/465 (OJ L 226, 03/08/89)
Council Dir. 91/680 (OJ L 376, 31/12/91)
Council Dir. 92/77 (OJ L 316, 31/10/92)
Council Dir. 92/111 (OJ L 384, 30/12/92)

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary ]

THE COMMUNITY INTERNAL MARKET -1993 REPORT

170 **ANNEX2**

Transposition

Dir. 77/388 **31/12/78**

Dir. 78/583 **01/01/79**

Dir. 80/368 **-**

Dir. 83/648 **01/01/86**

Dir. 84/386 **01/07/85**

Dir. 86/247 **01/01/87**

Dir. 89/465 **01/01/90**

Dir. 91/680 **01/01/93**

Dir. 92/77 **31/12/92**

Dir. 92/111 **-**

E

1

NN

NN

Nl

1

Nl

NN

1

1

1

D

1

NN

NN

Nl

1

Nl

1

1

NN

1

F

1

NN

NN

Nl

1

Nl

1

1

NN

1

IRL

1

NN

NN

Nl

1

Nl

1

1

1

1

**B**

**1**

**NN**

**NN**

**Nl**

**1**

**Nl**

**1**

**1**

**NN**

**1**

**DK**

**1**

**1**

**NN**

**Nl**

**1**

**Nl**

**1**

**1**

**NN**

**1**

EL

1

NN

NN

Nl

1

Nl

NN

1

1

1

UK

1

NN

NN

Nl

1

Nl

1

1

NN

1

Comments

D-EL-F-P: applied by
administrative instruction

1

1

NN

NN

Nl

Nl

Nl

1

1

1

1

P

1

NN

NN

Nl

1

Nl

NN

1

1

1

NL

1

NN

NN

Nl

1

Nl

1

1

NN

1

L

1

NN

NN

Nl

1

Nl

1

1

1

1

**79/1072/EEC** **: Eighth Council Directive of** **6** **December** **1979** **on the harmonization of the laws**
**of** **the** **Member States relating to turnover** **taxes -** **Arrangements for the refund of value added**
**tax to taxable persons not established in the territory of** **the** **country (OJ** **L 331,27/12/79)**

Amendments

Access Treaty / E-P

Transposition

I Dir. 79/1072101/01/81

**B**

**I**

**DK**

**I**

E

I

IRL

I

**D**

**I**

EL

I

F

I

I

I

L

I

NL

I

P

I

UK

1

Comments

**80/368/EEC : Eleventh Council Directive of 26 March 1980 on the harmonization of** **the** **laws of**
**the Member States relating to turnover taxes - exclusion of the French overseas departments**
**from the scope of Directive 77/388/EEC (OJ** **L** **90,** **03/04/80)**

Transposition

**DK**

**NN**

E

NN

F

NN

IRL

NN

**D**

**NN**

EL

NN

I

NN

L

NN

NL

NN

P

NN

UK

NN

Comments

Dir. 80/368 | 

**B**

**NN**

**5.**

**83/181/EEC** **: Council Directive of 28 March 1983 determining the scope of Article 14 (1) (d) of**
**Directive** **77/388/EEC** **as regards exemption from value added tax on the final importation of**
**certain goods (OJ L** **105,** **23/04/83)**

Amendments

Council Dir. 85/346 (OJ L 183, 16/07/85)
Council Dir. 88/331 (OJ L 151, 17/06/88)
Commission Dir. 89/219 (OJ L 92, 05/04/89)

Transposition

**DK**

**1**

**NN**

**1**

**NN**

D

1

1

1

1

E

1

1

1

1

EL

1

1

1

NN

F

1

1

1

NN

IRL

1

NN

Nl

NN

L

1

1

1

NN

1

1

NN

1

NN

NL

1

1

1

NN

P

1

1

1

NN

UK

1

1

1

1

Comments

Without effect between

Member States since

31/12/92

**B**

**1**

**NN**

**1**

**NN**

Dir. 83/181

Dir. 85/346

Dir. 88/331

Dir. 89/219

**01/07/84**

**01/10/85**

**01/01/89**

**01.07/89**

**l=** measures notified; Nl= measures not incorporated; D= derogation; **IR=** infringement **proceedings** **underway;** **NN= no measures necessary**

**THE COMMUNITY INTERNAL MARKET -** **1993** **ANNUAL**

ANNEX2 **171**

**6.** **84/386/EEC : Tenth Council Directive of** **31** **July 1984 on the harmonization of the laws of the**
**Member States relating to turnover taxes, amending Directive 77/388/EEC - Application of**
**value added tax to the hiring out of movable tangible property (OJ L** **208,** **03/08/84)**

Transposition

**DK**

**1**

**D**

**1**

EL | E
-TTT

F

1

L

1

IRL

1

1

Nl

NL

1

P

1

UK

1

Comments

| Dir. 84/386 101/07/85

**B**

**I**

**7.** **86/560/EEC : Thirteenth Council Directive of 17 November 1986 on the harmonization of the**
**laws of the Member States relating to turnover taxes - Arrangements for the refund of value**
**added tax to taxable persons not established in Community territory (OJ L 326,** **21/11/86)**

Transposition

**D**

**NN**

**DK**

**NN**

EL

1

E

1

IRL

1

F

1

1

1

UK

1

L

1

NL

1

P

1

Comments

| Dir. 86/560 101/01/88

**B**

**1**

**218/92 (EEC) : Council Regulation ( EEC ) No** **218/92** **of 27 January 1992 on administrative**
**cooperation in the field of indirect taxation ( VAT )** **(OJ** **L 24,** 01/02/92)

ati2 Excise duties

**1.** **72/464/EEC** **: Council Directive of 19 December** **1972** **on taxes other than turnover taxes which**
**affect the consumption of manufactured tobacco** (OJ L 303, 31/12/72)

Amendments

Access Treaty / E-P
Council Dir. 74/318 (OJ L 180, 03/07/74)
Council Dir. 75/786 (OJ L 330, 24/12/75)
Council Dir. 76/911 (OJ L 354, 24/12/76)
Council Dir. 77/805 (OJ L 338, 28/12/77)
Council Dir. 80/369 (OJ L 90, 03/04/80)
Council Dir. 80/1275 (OJ L 375, 31/12/80)

Transposition

Council Dir. 81/463 (OJ L 183, 04/07/81)
Council Dir. 82/2 (OJ L 5, 09/01/82)
Council Dir. 82/877 (OJ L 369, 29/12/82)
Council Dir. 84/217 (OJ L 104, 17/04/84
Council Dir. 86/246 (OJ L 164, 20/06/86)
Council Dir. 92/78 (OJ L 316, 19/10/92)

D

I

NN

NN

NN

I

NN

NN

Nl

DK

I

NN

**NN**

NN

**I**

**NN**

NN

Nl

EL

I

NN

NN

NN

Nl

NN

NN

Nl

E

I

NN

NN

NN

1

NN

NN

Nl

F

1

NN

NN

NN

1

NN

NN

Nl

NN

IRL

1

NN

NN

NN

1

NN

NN

Nl

1

1

NN

NN

NN

NN

NN

NN

Nl

NL

1

NN

NN

NN

1

NN

NN

Nl

P

1

NN

NN

NN

1

NN

1

1

UK

1

NN

NN

NN

1

NN

NN

Nl

L

1

NN

NN

NN

1

NN

NN

Nl

Comments

B

**I**

NN

**NN**

NN

**I**

NN

NN

Nl

Dir. 72/464

Dir. 74/318

Dir. 75/786

Dir. 76/911

Dir. 77/805

Dir. 80/369

Dir. 80/1275

Dir. 81/463

Dir. 82/2

Dir. 82/877

Dir. 84/217

Dir. 86/246

Dir. 92/78

01/07/73

30/09/81

31/12/92

**79/32/EEC** **: Second Council Directive of 18 December** **1978** **on taxes other than turnover taxes**
**which affect the consumption of manufactured tobacco** (OJ L 10,16/01/79)

Amendments

Access Treaty / E-P

Council Dir. 80/369 (OJ L 90, 03/04/80)
Council Dir. 92/78 (OJ L 316, 19/10/92)

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 REPORT

**172** ANNEX **2**

Transposition

Dir. 79/32 (31/12/79

Dir. 80/369    
Dir. 92/78 131/12/92

B

NN

NN

DK

NN

NN

D

I

NN

EL

Nl

NN

F

1

NN

NN

L

1

NN

E

1

NN

IRL

1

NN

1

1

NN

NL

1

NN

P

1

NN

UK

1

NN

Comments

**88/245/EEC** **:** **Council Decision of** **19** **April 1988 authorizing the French Republic to apply in** **its**
**overseas departments and in metropolitan France, by way of derogation from Article 95 of the**
**Treaty,** **a** **reduced rate** **of** **the revenue duty imposed on the consumption** **of** **'traditional'** **rum**
**produced** **in** **those departments (OJ L** **106,27/04/88)**

Transposition

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

| Dir. 88/245 |

**92/12/EEC** **:** **Council Directive** **of** **25 February 1992 on the general arrangements** **for** **products**
**subject to excise duty and on the holding, movement and monitoring of** **such** **products**
**(OJ** **L** **76,** **23/03/92)**

**Amendments**

**Council Dir.** **92/108** **(OJ L 390, 31/12/92)**

Transposition

IRL

NI

D

Nl

I

EL

Nl

E

Nl

F

NI

I

NI

I

L

Nl

NL

Nl

P

Nl

UK

Nl

Comments

all MS: partial notification

B

Nl

I

DK

Nl

Dir. 92/12

Dir. 92/108

01/01/93

31/12/92

**92/79/EEC** **:** **Council Directive** **of** **19 October 1992 on the approximation of taxes on cigarettes**
**(OJL316,** **31/10/92)**

Transposition

IRL I L NL P UK Comments

| Dir. 92/79 131/12/92

B DK D EL E F

I

**92780/EEC** **:** **Council Directive** **of** **19 October 1992 on the approximation** **of** **taxes** **on** **manufac-**
**tured tobacco other than cigarettes (OJ** **L** **316,** **31/10/92)**

Transposition

IRL I L NL P UK Comments

| Dir. 92/80 31/12/92

B DK D EL E F

NN

**7.** **92781/EEC** **:** **Council Directive** **of** **19 October 1992** **on the** **harmonization** **of** **the structures** **of**
**excise duties on mineral oils (OJ** **L** **316,** **31/10/92)**

Amendments Implementation

Council Dir. 92/108 (OJ L 390, 31/12/92) Council Dec. 92/510 (OJ L 316, 31/10/92)

Transposition

DK D

1

IRL 1

1

EL E F

1

L NL P UK Comments

B

1

Dir. 92/81

Dir. 92/108

31/12/92

31/12/92

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 ANNUAL

ANNEX 2 **173**

**92/82/EEC** **: Council Directive of 19 October** **1992** **on the approximation of the rates of excise**
**duties on mineral oils (OJ L 316, 31/10/92)**

Transposition

IRL 1 L NL P UK Comments

| Dir. 92/82 131/12/92

**B** **DK** **D** EL E F

1

**9.**

**92/83/EEC** **: Council Directive of 19 October 1992 on the harmonization of the structures of**
**excise duties on alcohol and alcoholic beverages (OJ L 316, 31/10/92)**

**Transposition**

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

| Dir. 92/83 31/12/92

**10.** **92/84/EEC** **: Council Directive of 19 October** **1992** **on the approximation of the rates of excise**
**duty on alcohol and alcoholic beverages (OJ L** **316,** **31/10/92)**

**Transposition**

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

I Dir. 92/83 |31/12/92

**11.** **2719/92 (EEC) : Commission Regulation of** **11** **September** **1992** **on the accompanying adminis-**
**trative document for the movement under duty-suspension arrangements of products subject**
**to excise duty (OJ L** **276,19/09/92)**

**Amendments**

**Commission** **Reg.** **2225/93 (OJ L 198, 07/08/93)**

**12.** **3649/92 (EEC) :Commission Regulation of 17 December 1992 on a simplified accompanying**
**document for the intra-Community movement of products subject to excise duty which have**
**been released for consumption in the Member State of dispatch (OJ L** **369,18/12/92)**

**9.1,2.** **Raising of capital**

**69/335/EEC : Council Directive of 17 July 1969 concerning indirect taxes on the raising of**
**capital (OJ L** 249, **03/1** 0/69)

Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL
Access Treaty / E-P

Council Dec. 73/101 (OJ L2, 01/01/93)

Transposition

Council Dir. 73/79 (OJ L 103, 18/04/73)
Council Dir. 74/553 (OJ L 303, 13/11/74)
Council Dir. 85/303 (OJ L 156, 15/06/85)

E

1

1

NN

1

DK

1

1

NN

1

D

1

1

NN

1

EL

1

1

NN

1

F

1

1

NN

Nl

IRL

1

1

NN

1

1

1

1

NN

1

NL

1

1

NN

1

L

1

1

NN

1

P

1

1

1

1

UK

1

1

NN

NN

Comments

B

I

1

NN

1

Dir. 69/335

Dir. 73/79

Dir. 74/553

Dir. 85/303

01/01/72.

01/01/86

I» measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

174 ANNEX2

**9,1.3;** ii^SMŒolîilMlIlïlI

**1.** **69/169/EEC** **: Council Directive of 28 May** **1969** **on the harmonisation of provisions laid down**
**by law, regulation or administrative action relating to exemption from turnover tax and excise**
**duty on imports in international travel** (OJ **L** **133,** 04/06/69)

Derogations/Amendments

Access Treaty / DK-IRL-UK
Access Treaty / EL
Council Dir. 72/230 (OJ L 139, 17/06/72)
Council Dir. 76/134 (OJ L 21, 29/01/76)
Council Dir. 77/82 (OJ L 23, 27/01/77)
Council Dir. 77/800 (OJ L 336, 27/12/77)
Council Dir. 78/1032 (OJ L 366, 28/12/78)
Council Dir. 78/1033 (OJ L 366. 28/12778)
Council Dir. 81/933 (OJ L 338, 25/11/81)
Council Dir. 82/443 (OJ L 206, 14/07/82)
Council Dir. 83/2 (OJ L 12, 14/01/83)

Transposition

Council Dir. 83/651 (OJ L 370, 31/12/83)
Council Dir. 84/231 (OJ L 117, 03/05/84)
Council Dir. 85/348 (OJ L 183, 16/07/85)
Council Dir. 87/198 (OJ L 78, 20/03/87)
Council Dir. 88/664 (OJ L 382, 31/12/88)
Council Dir. 89/194 (OJ L 73, 17/03/89)
Commission Dir. 89/220 (OJ L 92, 05/04/89)
Council Dir. 91/191 (OJ L 94, 16/04/91)
Council Dir. 91/673 (OJ L 373, 31/12/91)
Council Dir. 92/111 (OJ L 384, 30/12/92)

E

I

1

NN

NN

1

1

1

1

1

1

1

1

1

Nl

IRL

1

1

NN

NN

1

1

NN

NN

1

1

NN

NN

1

Nl

DK

I

I

NN

I

I

I

NN

NN

I

I

NN

NN

I

Nl

D

I

I

NN

NN

I

I

NN

I

I

I

I

NN

I

Nl

EL

I

Nl

NN

NN

Nl

Nl

NN

NN

I

I

NN

NN

I

Nl

F

1

1

NN

NN

1

1

1

1

1

1

NN

NN

1

Nl

1

1

1

NN

NN

1

1

1

1

1

1

NN

NN

1

Nl

NL

1

1

NN

NN

1

1

1

1

1

1

NN

NN

1

Nl

P

1

1

NN

NN

1

1

1

1

1

1

NN

1

1

Nl

UK

1

1

NN

NN

1

1

NN

Nl

1

1

1

1

1

Nl

Comments

sec Dir. 77/388

L

1

1

NN

NN

1

1

1

1

1

1

NN

NN

1

Nl

B

I

I

NN

NN

I

I

I

I

I

I

NN

NN

I

Nl

Dir. 69/169

Dir. 72/230

Dir. 76/134

Dir. 77/82

Dir. 77/800

Dir. 78/1032

Dir. 78/1033

Dir. 81/933

Dir. 82/443

Dir. 83/2

Dir. 83/651

Dir. 84/231

Dir. 85/348

Dir. 87/198

Dir. 88/664

Dir. 89/194

Dir. 89/220

Dir. 91/191

Dir. 91/673

Dir. 92/111

01/01/70

01/07/72

01/01/79

01/01/79

01/01/82

01/01/83

01/10/85

01/01/87

01/07/89

01/07/89

01/07/89

01/07/91

01/01/92

**78/1035/EEC** **: Council Directive of 19 December 1978 on the exemption from taxes of imports**
**of small consignments of goods of a** **non-commercial** **character from third countries**
(OJL 336, 28/12/78)

Amendments

Council Dir. 81/933 (OJ L 338, 25/11/81)
Council Dir. 85/576 (OJ L 372, 31/12/85)

Transposition

IRL

1

NN

1

D

1

NN

1

EL

Nl

NN

1

E

1

1

1

F

1

1

1

1

1

1

1

DK

1

NN

1

L

1

1

1

NL

1

1

1

UK

1

NN

1

P

1

1

1

Comments

B

1

1

1

Dir. 78/1035

Dir. 81/933

Dir. 85/576

01/01/79

01/01/82

01/07/86

1= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 ANNUAL

ANNEX2 175

**83/182/EEC** **: Council Directive of 28 March 1983 on tax exemptions within the Community for**
**certain means of transport temporarily imported into one Member State from another**
**(OJL** 105, 23/04/83)

Amendments

Access Treaty / E-P

Transposition

D

**1**

DK

**1**

EL

1

E

Nl

F

1

IRL

1

1

1

NL

1

P

1

UK

1

L

1

Comments

| Dir. 83/182 101/01/84

B

**I**

**9,2.** **Direct taxation**

**$.2.1.** **Mutual assistance** **in** **tax matters**

**1.** **77/799/EEC** **: Council Directive of 19 December 1977 concerning mutual assistance by the**
**competent authorities of the Member States in the field of direct taxation**
**(OJ L** **336,** **27/12/77** **and OJ L** 76, 23/03/92)

Amendments

Access Treaty / EL
Access Treaty / E-P

Transposition

Council Dir. 79/1070 (OJ L 331, 27/12/79)
Council Dir. 92/12 (OJ L 76, 23/03/92)

EL

1

1

1

DK

1

1

1

D

1

1

1

E

1

1

1

IRL

1

1

1

F

1

1

1

L

1

1

1

1

1

1

1

NL

1

1

1

P

1

1

1

UK

1

1

1

Comments

B

1

1

1

Dir. 77/799

Dir. 79/1070

Dir. 92/12

01/01/79

01/01/81

01/01/93

**i.2;£** **Company** **taxation**

**90/434/EEC : Council Directive of 23 July** **1990** **on the common system of taxation applicable**
**to mergers, divisions, transfers of assets and exchanges of shares concerning companies of**
**different Member States** (OJ L 225, 20/08/90)

Transposition

DK

I

D

1

EL

IR

E

1

IRL

1

F

1

NL

1

L

1

1

1

P

1

UK

1

Comments

| Dir. 90/434 101/01/92

B

**I**

**2.**

**90/435/EEC : Council Directive of 23 July 1990 on the common system of taxation applicable**
**in the case of parent companies and subsidiaries of different Member States**
**(OJ L** 225, 20/08/90)

Transposition

DK

**I**

D

I

EL

I

E

I

F

I

IRL

I

I

I

L

I

NL

I

P

I

UK

I

Comments

| Dir. 90/435 01/01/92

B

I

**l=** measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**176** **ANNEX2**

III **SAFETY** **AND** **PROTECTION OF THE ECONOMIC INTERESTS OF**
**CONSUMERS**

**10.1.** **Protection of** **economic** **Interests**

**1.**

**2.**

**85/374/EEC : Council Directive of 25 July 1985 on the approximation of the laws, regulations**
**and administrative provisions of the member States concerning liability for defective**
**products (OJ L** 372, **31/12/85)**

Transposition

**84/450/EEC : Council Directive of 10 September 1984 relating to the approximation of the**
**laws,** **regulations and administrative provisions of the Member States concerning misleading**
**advertising (OJ L** **250,19/09/84)**

**Transposition**

Comments

**Dir. 84/450** _**\**_ **01/10/86**

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

**I** **I** **I**

**DK**

**I**

EL

I

E

IR

IRL

1

1

1

NL

1

L

1

**D**

**I**

F

IR

P

1

UK

1

Comments

| Dir. 85/74 13/07/88

**B**

**I**

**3.** **85/577/EEC : Council Directive of 20 December 1985 to protect the consumer in respect of**
**contracts negotiated away from business premises** (OJ **L 372, 31/12/85)**

Transposition

B DK EL IRL NL UK Comments

| **Dir. 85/577** 124/12/87

**4.** **87/102/EEC** **: Council Directive of 22 December** **1986 for** **the approximation of the laws, regula-**
**tions and administrative provisions of the Member States concerning consumer credit**
**(OJL 42,** 12/02/87)

Amendments

Council Dir. 90/88 (OJ L 61, 10/03/90)

Transposition

D

I

I

F

1

IR

IRL

IR

IR

DK

I

**I**

EL

I

1

E

IR

IR

1

1
T

UK

1

1

L

1

IR

NL

1

1

P

1

1

Comments

B

I

**I**

Dir. 87/102

Dir. 90/88

01/01/90

31/12/92

**88/314/EEC** **: Council Directive of 7 June 1988 on consumer protection in the indication of the**
**prices of non-food products** (OJ L 142, 09/06/88)

Transposition

D

I

F

I

IRL

I

DK

**I**

EL

I

E

I

NL

I

I

I

L

I

P

I

UK

I

Comments

Dir. 88/314 07/06/90

B

I

**90/314/EEC** **: Council Directive of 13 June 1990 on** package **travel,** package **holidays** and
**package tours** (OJ **L** **1** 58, 23/06/90)

Transposition

DK

IRL

Nl Nl

NL UK Comments

**Dir. 90/314** 31/12/92 Nl

Nl

EL

Nl Nl I

l= measures notified; Nl= measures not Incorporated; D= derogation; IR= infringement proceedings underway; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET -1993 ANNUAL

{2C

ANNEX 2 177

**7.** **93/13/EEC** **: Council Directive of 5 April** **1993** **on unfair terms in consumer contracts**
**(OJ** L 95, 21/04/93)

Transposition

**D** **EL** E F IRL I L NL P UK Comments

| Dir. 93/13 31/12/94

B | DK

**I**

**10.Z** **Consumer** **safety**

**1.**

**2.**

**89/45/EEC: Council Decision of 21 December 1988 on a Community system for the rapid**
**exchange of infonmation on dangers arising from the use of consumer products**
**(OJL** **17, 21/01/89)**

**Amendments**

**Council Dec. 90/352 (OJ L** **173,** **06/07/90)**

**87/357/EEC : Council Directive of 25 June 1987 on the approximation of the laws of the** **Mem-**
**ber States concerning products which, appearing to be other than they are, endanger the**
**health or safety of consumers (OJ L** **192,11/07/87)**

Transposition

**DK**

**I**

**D**

**1**

EL

1

IRL

1

E

1

F

1

L

1

1

1

NL

1

P

1

UK

1

Comments

| Dir. 87/357 26/06/89

**B**

**I**

**3.** **92/59/EEC** **: Council Directive of 29 June** **1992** **on general product safety** **(OJ** **L** **228,11/08/92)**

**Transposition**

P UK Comments

Dir. 92/59 29/06/94

B DK D EL E F IRL I L NL

I

**4.** **93/580/EEC : Council Decision of 25 October 1993 concerning the institution of a Community**
**system for the exchange of information in respect of certain products which may jeopardize**
**consumers' health or safety (OJ L** **278,11/11/93)**

l= measures notified; Nl= measures not incorporated; D= derogation; IR= infringement proceedings under way; NN= no measures necessary

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

_**<L**_

**Annex 3 - Court of Justice decisions not implemented by**
**Member States infringement procedure initiated under**
**Article** **171** **of the Treaty**

MEMBER LEGAL BASIS SUBJECT OF INFRINGEMENT PROCEDURE

STATE

BELGIQUE Dir. 82/891, 78/855 Divisions and mergers of public limited compaCase 46/88 nies

Art. 7,48,128 of EC Discrimination in public financing; non-university
Treaty - Reg. 1612/68 higher education
Case 42/87

Dir.87/540 Access to the occupation of carrier of goods by
Case C-90/377 waterway

Dir. 82/714 Technical specifications for inland waterway
Case 19/91 vessels

Art. 30 of EC Treaty Limits to the use of food gelatin in certain food
Case C-74/92 products

DEUTSCHLAND Dir. 69/169 Butter ships - tax aspects
Case 325/82

Art. 30 of EC Treaty "Beer purity law" 0)
Case 178/84

Art. 30 of EC Treaty Milk and dairy substitutes _0)_
Case 76/86

Art. 30 of EC Treaty Difficulties in importing pâté ( [1] )
Case 274/87

ELLAS Art. 30 of EC Treaty Rules requiring beer to be malt-based ( [1] )
Case 176/84

Art. 59 of EC Treaty Tourist guides
Case 198/89

Art. 52, 59 of EC Treaty         - Nationality requirements for access to certain
Case 328/90 professions: engineers, agronomists

                      - Nationality requirements for the establishment
of language schools

FRANCE Dec. 80/1186, 86/283, Refusal of right of establishment and freedom to
Dir. 75/362, 75/363 provide services in overseas territories
Case C-88/263

Art. 59 of EC Treaty Restrictions on tourist guides freedom to provide
Case C-89/154 services

(1 ) Measures notified; conformity check in progress

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**ANNEX3**

i i . » i i m i i
MEMBER LEGAL BASIS SUBJECT OF INFRINGEMENT PROCEDURE
STATE

ITAUA otr. 87/53 Physical Inspections In respect of carriage of
Case C-90/69 goods

Dir. 77/388 Exemption from VAT in the case of earthquakes
Case 203/87

Reg. 1035/72,2638/69, Quality standards for fruits and vegetables
2150/80-Case 69/86

Dir. 83/183 Tax allowances on final import of personal propj Case 124/861 erty ___ ___ _^_

Dir. 83/181 Exemption from VAT on final import of certain
Case 125/86; goods

Case C-45/89 Common rules on combined carriage of goods
by rail/road

! i m ^ — —               - i
LUXEMBOURG Art. 48, 52 of EC Treaty Refusal of right to establish a joint dental praoCase C-90/351 tice

I i I ? i I - I

**THE** **COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

##### **_±_**

**con-**
**Annex 4 - State of ratification of intergovernmental**
**ventions**

**key:** **S** **=** **signed;** **R =** **ratified;** **N** *** neither signed nor** **ratified;** **X = not applicable**

***"1>K'0** **€L,** **&»>*** **IRL^r>|'t^L** **> '** **UK**

**1.** **Jurisdiction and enforcement of** **judgments**
**in** **civil and commercial matters** **[72/454/EEC]**
**(Brussels,** **27.9.68)**

**• Jurisdiction of the Court of Justice** **[71/603/EEC]**
**(Protocol of** **3.6.71)**

**• Accession of** **Denmark,** **Ireland and United** **King-**
**dom** **[76/884/EEC]** **(9.10.78)**

**• Accession of Greece** **[82/972/EEC]** **(25.10:82)**

**• Accession of Spain and Portugal** **[89/535/EEC]**

**2.** **Law applicable to contractual obligations**

**[80/934/EEC]** **(Rome,** **19.6.80)**

**• Accession of Greece** **[84/297/EEC]** **(10.4.84)**

**• Jurisdiction of the Court of Justice**
**(1st Protocol of 19.6.80)** **[89/128/EEC]**

**• Jurisdiction of the Court of Justice**
**(2nd Protocol of** **19.6.80) [89/129/EEC]**

**• Accession of Spain and Portugal (18.5.92)**

**3. Community patent [89/695/EEC]**
**(Luxembourg, 15.12.89)**

**4. Arbitration procedure conceming the elimi-**
**nation of double** **taxation [90/436/EEC]**
**(Brussels, 23.7.90)**

**5.** **Recovery of maintenance claims (Rome,**
**6.11.92)**

**6. Abolition of legalization of documents**
**(Brussels, 25.5.87)**

```
R R R R R R R R R R R R

R R R R R R R R R R R R

R R R R R R R R R R R R

S S S R R R R R R R R R

R R R R X R R R R R X R

S S S R X S S R R R X R

S S S R X S R R R R X R

S S S S S S S S S R S S

```

**s** **s** **s** **s** **s**

```
S S S S N N S S S R S S

  R S S N R N R S R S S

```

**7.** **Right** **of** **Asylum (Dublin, 15.6.90)** **S** **R** **S** **R** **S** **S** **S** **R** **R** **R** **R**

**8.** **"Ne bis in idem** (Brussels, 25.5.87)** **S** **R** **N** **S** **N** **R** **N** **R** **S** **S** **S** **S**

**9.** **Transfer of sentenced persons**
**(Brussels, 25.5.87)**

**10.** **Transmission of requests for extradition**
**(San** **Sebastian,** **26.5.89)**

**11.** **Transmission of authority for prosecution**
**(Rome,** **6.11.90)**

**12.** **Enforcement of foreign criminal** **sentences**
**(Brussels,** **13.11.91)**

THE COMMUNITY INTERNAL MARKET - **1993** **REPORT**

**R** **R** **N** **R** **R** **S** **S** **R** **s** **s** **s**

```
S S N S R S N S S S S

```

**S** **S** **N** **S** **S** **S** **N** **S** **S** **S** **N**

**S** **S** **S** **S** **S** **S** **N** **S** **S** **N** **N**

###### **A**

**Abbreviations and acronyms**

**ACA**

**ACP**

**Altener**

**ATA**

**BCCI**

**accession compensatory amount**
**African,** **Caribbean and Pacific countries party to the** **Lomé** **Convention**
**Alternative Energy (programme for the development of alternative energies)**
**air transport agents**

**B**

**Bank of Credit and Commerce Intemational**

**CCD** **Committee on Commerce and Distribution**

**Cedefop** **Centre européen pour le développement de la formation professionnelle**
**(European Centre** **for the** **Development of Vocational Training)**
**CEN** **Comité** **européen** **de normalisation (European Committee for Standardiza-**
**tion)**
**Cenelec** **Comité européen de** **nomnalisation** **électrotechnique (European Committee**
**for Electroteçhnical Standardization)**
**CIS** **customs infonnation system**
**COM** **common organization of the market**
**Coreper** **Comité des Représentants permanents des États membres de la Commu-**
**nauté (Permanent Representatives Committee)**
**CPA** **classification of products by activity (for statistical purposes)**
**CPS** **Consumer Policy Service**

**EAEC**

**ECU**

**EDI**

**Edicom**

**EEA**

**EEC**

**EEIG**

**EFTA**

**EIB**

**EIS**

**EMS**

**ESC**

**ETSI**

**European Atomic Energy Community (Euratom)**
**European Currency Unit**
**Electronic data interchange**
**Electronic Data Interchange in Commerce**
**European Economic Area**
**European Economic Community**
**European Economic Interest Grouping**
**European Free Trade Association**
**European Investment Bank**
**European information system**
**European Monetary System**
**Economic and Social Committee**

**European Telecommunications Standards Institute**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

Euratom

Eurostat

**ABBREVIATIONS AND ACRONYMS**

see EAEC

Statistical Office of the European Communities

GATS General Agreement on Trade in Services
GATT General Agreement on Tariffs and Trade
GDP gross domestic product

I

IDA Interchange of Data between Administrations
IFCME Industrial finance company for managers and employees
Interreg Community initiative conceming border areas
ISD Investment Services Directive

ISDN integrated services digital network
ITG Intemal Trade Group

M

MAG mutual assistance group
Matthaeus Programme for the exchange of customs officials
MCA monetary compensatory amount
MFN mostfavourednation

N

NACE General Industrial Classification of Economic Activities within the European
Communities

NARIC National Academic Recognition Infonnation Centres
NATO North Atlantic Treaty Organization

OJ

ONP

OOPEC

Official Journal of the European Communities
Open network provision
Official for Official Publications of the European Communities

Prodcom Community survey of industrial production

SAD

SAVE

SCENT

SE

SEDOC

SIMAP

SMEs

STM

Soficatra

single administrative document
Special action programme for vigorous energy efficiency
System Customs Enforcement Network
Societas Europasa (European company)
système européen de diffusion des offres et des demandes d'emploi enregistrées en compensation Internationale (European system for the international
clearing of vacancies and applications for employment)
Information system on public procurement
small and medium-sized enterprises
supplementary trade mechanism
Société financière d'initiative industrielle pour les cadres et les travailleurs

TARIC tarif intégré communautaire (integrated customs tariff of the European Communities)

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

ABBREVIATIONS AND ACRONYMS

TEU Treaty on European Union
TIR intemational carriage of goods by road

U

UCITS Undertakings for Collective Investment in Transferable Securities
UNCED United Nations Conference on Environment and Development

**VAT** value added tax
VIES VAT information exchange system

W

Welmec Western European Legal Metrology Cooperation
WPIBD Working Party on the interpretation of the banking Directives

THE COMMUNITY INTERNAL MARKET -1993 REPORT

_**SL**_

**Community provisions cited**

**1.** **ECSC Treaty**

_Article 71_

**The** powers of the Governments of Member States in matters of commercial policy shall not be
affected by this Treaty, save as otherwise provided therein

**The** powers conferred on the Community by this Treaty in matters of commercial policy towards
**third countries** may not exceed those accorded to Member States under international agreements to
**which they are** parties, subject to the provisions of Article 75.

**The** Governments of Member States shall afford each other such mutual assistance as is necessary to implement measures recognized by the High Authority as being in accordance with this Treaty
**and** with existing international agreements. The High Authority is empowered to propose to the Member
States concerned the methods by which this mutual assistance may be provided.

_Article 74_

In the cases set out below, the High Authority is empowered to take any measure which is in
accordance with this Treaty, and in particular with the objectives set out in Article 3, and to make to
Governments any recommendation which is in accordance with the second paragraph of Article 71:

1° if it is found that countries not members of the Community or undertakings situated in such
countries are engaging in dumping or other practices condemned by the Havana Charter;

2° if a difference between quotations by undertakings outside and by undertakings within the
jurisdiction of the Community is due solely to the fact that those of the former are based on conditions of
competition contrary to this Treaty;

3° if one of the products referred to in Article 81 of this Treaty is imported into the territory of one
or more Member States in relatively increased quantities and under such conditions that these imports
cause or threaten to cause serious injury to production within the common market of like or directly
competing products.

However, recommendations for the introduction of quantitative restrictions under subparagraph 2
may be made only with the assent of the Council, and under subparagraph 3 only under the conditions
laid down in Article 58.

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**COMMUNITY PROVISIONS CITED**

**2.** **EC Treaty (1)**

_**Article**_ _**2**_

_**The**_ _**Community shaM**_ _**have as its**_ _**task,**_ _**by**_ _**establishing**_ _**a**_ _**common**_ _**market and an economic and**_
_**monetary union**_ _**and by**_ _**implementing**_ _**the**_ _**common policies**_ _**or**_ _**activities**_ _**referred to in**_ _**Articles**_ _**3 and 3a, to**_
_**promote throughout the**_ _**Community**_ _**a**_ _**harmonious**_ _**and balanced**_ _**development**_ _**of economic**_ _**activities,**_
_**sustainable**_ _**and**_ _**non-inflationary**_ _**growth**_ _**respecting**_ _**the**_ _**environment,**_ _**a high degree of**_ _**convergence**_ _**of**_
_**economic**_ _**performance,**_ _**a**_ _**high**_ _**level of**_ _**employment**_ _**and of**_ _**soda/**_ _**protection,**_ _**the**_ _**raising of the**_ _**standard of**_
_**tving**_ _**and**_ _**quality**_ _**of life, and**_ _**economic**_ _**and**_ _**social cohesion**_ _**and**_ _**soëdarity among**_ _**Member**_ _**States.**_

_**Article**_ _**3b**_

_**The**_ _**Community shall**_ _**act**_ _**within**_ _**the**_ _**fmits of**_ _**the**_ _**powers conferred upon M**_ _**by**_ _**this**_ _**Treaty and of**_ _**the**_
_**objectives assigned**_ _**to it**_ _**therein.**_

_**In**_ _**areas which do not fat**_ _**within Ms exclusive**_ _**competence,**_ _**the**_ _**Community shat**_ _**take action,**_ _**h**_
_**accordance with**_ _**the**_ _**principle**_ _**of**_ _**subsidiarity,**_ _**only**_ _**V**_ _**and**_ _**in**_ _**so**_ _**far**_ _**as the**_ _**objectives**_ _**of**_ _**the**_ _**proposed**_ _**action**_
_**cannot**_ _**be**_ _**sufficiently achieved**_ _**by**_ _**the**_ _**Member**_ _**States**_ _**and**_ _**can**_ _**therefore,**_ _**by**_ _**reason of**_ _**the scale or**_ _**effects**_
_**of**_ _**the**_ _**proposed**_ _**action,**_ _**be better**_ _**achieved**_ _**by**_ _**the**_ _**Community.**_

_**Any**_ _**action**_ _**by the**_ _**Community shat**_ _**not go**_ _**beyond**_ _**what is**_ _**necessary**_ _**to achieve the**_ _**objectives**_ _**of**_
_**this**_ _**Treaty.**_

_**Article**_ _**6**_

**therein,** **any discrimination on grounds of nationality shall be prohibited.**

_**The**_ _**Council,**_ _**acting**_ _**in**_ _**accordance with**_ _**the**_ _**procedure**_ _**referred to in**_ _**Article**_ _**169c, may adopt**_ _**rules**_
_**designed to prohiba such**_ _**discrimination.**_

_**Article**_ _**7a**_

**The Community shall adopt measures with the aim of progressively establishing the internal**
**market over a period expiring on 31 December 1992, in accordance with the provisions of** **mis** **Article and**
**of Articles** **7b,** **7c, 28,** **57(2),** **59,** **70(1),** **84, 99, 100a and 100b and without prejudice to the other** **provi-**
**sions of** **this** **Treaty.**

**The internal market shall comprise an area without internal frontiers in which the free movement**
**of** **goods,** **persons, services and capital is ensured in accordance with** **thé** **provisions of** **this** **Treaty.**

_**Article**_ _**30**_

**Quantitative restrictions** **on** **imports and all measures having equivalent effect** **shall,** **without**
**prejudice to the following provisions, be prohibited between Member** **States.**

_**Article**_ _**31**_

**Member States shall refrain from introducing between themselves any new quantitative restric-**
**tions or measures having equivalent effect.**

**This obligation** **shall,** **however, relate only to the degree of liberalization attained in pursuance of**
**the decisions of the Council of** **the** **Organization for European Economic Cooperation of 14 January 1955.**
**Member States shall supply the Commission, not later than six months after the entry into force of this**
**Treaty, with lists of the products liberalized by them in pursuance of these decisions. These lists shall be**
**consolidated between Member** **States.**

**( )** **As amended by the Treaty** **on** **European Union (amendments or insertions are printed in Italics)**

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**COMMUNITY PROVISIONS** **CITEO**

_Article 32_

In their trade with one another Member States shall refrain from making more restrictive the quotas and measures having equivalent effect existing at the date of the entry into force of this Treaty.

These quotas shall be abolished by the end of the transitional period at the latest. During that
period, they shall be progressively abolished in accordance with the following provisions.

_Article 33_

_1._ One year after the entry into force of this Treaty, each Member State shall convert any bilateral
quotas open to any other Member States Into global quotas open without discrimination to all other
Member States.

On the same date, Member States shall increase the aggregate of the global quotas so established in such a manner as to bring about an increase of not less than 20% in their total value as
compared with the preceding year. The global quota for each product, however, shall be increased by not
less than 10%.

The quotas shall be increased annually in accordance with the same rules and in the same
proportions in relation to the preceding year.

The fourth increase shall take place at the end of the fourth year after the entry into force of this
Treaty; the fifth, one year after the beginning of the second stage.

_2._ Where, in the case of a product which has not been liberalized, the global quota does not amount
to 3% of the national production of the State concerned, a quota equal to not less than 3% of such
national production shall be introduced not later than one year after the entry into force of this Treaty.
This quota shall be raised to 4% at the end of the second year, and to 5% at the end of the third. Thereafter, the Member State concerned shall increase the quota by not less than 15% annually.

Where there is no such national production, the Commission shall take a decision establishing an
appropriate quota.

3. At the end of the 10th year, each quota shall be equal to not less than 20% of the national
production.

_4._ If the Commission finds by means of a decision that during two successive years the imports of
any product have been below the level of the quota opened, this global quota shall not be taken into
account in calculating the total value of the global quotas. In such case, the Member State shall abolish
quota restrictions on the product concerned.

_5._ In the case of quotas representing more than 20% of the national production of the product
concerned, the Council may, acting by a qualified majority on a proposal from the Commission, reduce
the minimum percentage of 10% laid down in paragraph 1. This alteration shall not, however, affect the
obligation to increase the total value of global quotas by 20% annually.

6. Member States which have exceeded their obligations as regards the degree of liberalization
attained in pursuance of the decisions of the Council of the Organization for European Economic Cooperation of 14 January 1955 shall be entitled, when calculating the annual total increase of 20% provided
for in paragraph 1, to take into account the amount of imports liberalized by autonomous action. Such
calculation shall be submitted to the Commission for its prior approval.

7. The Commission shall issue directives establishing the procedure and timetable in accordance
with which Member States shall abolish, as between themselves, any measures in existence when this
Treaty enters into force which have an effect equivalent to quotas.

8. If the Commission finds that the application of the provisions of this Article, and in particular of the
provisions concerning percentages, makes it impossible to ensure that the abolition of quotas provided
for in the second paragraph of Article 32 is carried out progressively, the Council may, on a proposal
from the Commission, acting unanimously during the first stage and by a qualified majority thereafter,
amend the procedure laid down in this Article and may, in particular, increase the percentages fixed

_Article 34_

_1._ Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited
between Member States.

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**COMMUNITY PROVISIONS CITED**

**2.** **Member States shall, by the end of the first stage at the latest, abolish all quantitative restrictions**
**on exports and any measures having equivalent effect** **which** **are in existence when this Treaty enters into**
**force.**

_**Article**_ _**35**_

**The Member States declare their readiness to abolish quantitative restrictions on imports from**
**and** **exports** **to other Member States more rapidly than is provided for in the preceding Articles, if their**
**general economic situation and the situation of the economic sector concerned so permit**

**To this end, the Commission shall make recommendations to the Member States concerned.**

_**Article**_ _**36**_

**The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports,**
**exports or goods in transit** **justified** **on grounds of public morality, public policy** **or** **public** **security;** **the**
**protection of health and life of humans, animals or** **plants;** **the protection of national treasures possessing**
**artistic, historic or archaeological value; or the protection of industrial and commercial property. Such**
**prohibitions or restrictions shall not however, constitute a means of arbitrary discrimination or a**
**disguised restriction on trade between Member States.**

_**Article**_ _**46**_

**Where in a Member State** **a** **product is subject to a national market organization or to internal**
**rules having equivalent effect which affect the competitive position of similar production in another**
**Member State, a countervailing charge shall be applied by Member States to imports of this product**
**coming from the Member State where such organization or rules exist unless that State applies a**
**countervailing** **charge on export.**

**The Commission shall fix the amount of these charges at the level required to redress the**
**balance; it may also authorize other measures, the conditions and details of** **which** **it shall determine.**

_**Article**_ _**48**_

_**1.**_ **Freedom of movement for workers shall be** **secured** **within** **the** **Community by the end of the**
**transitional period at the latest.**

_**2.**_ **Such freedom of movement shall entail the abolition of any discrimination based on nationality**
**between workers of the Member States as regards employment remuneration and other conditions of**
**work and employment.**

_**3.**_ **It** **shall entail the right, subject to limitations justified on grounds of public policy, public security or**
**public health:**

_**a)**_ **to accept offers of employment actually made;**

_**b)**_ **to move freely within the territory of Member States for this purpose;**

_**c)**_ **to stay in a Member State for the purpose of employment in accordance with the provisions**
**governing the employment of nationals of that State laid down by law, regulation or administrative action;**

_**d)**_ **to remain in the territory of a Member State after having been employed in that State, subject to**
**conditions which shall be embodied in implementing regulations to be drawn up by the Commission.**

_**4.**_ **The provisions of** **this** **Article** **shall** **not apply to employment in the public service.**

_**Article**_ _**52**_

**Within the framework of the provisions set out below, restrictions on the freedom of establishment**
**of nationals of a Member State in the territory of another Member State** **shatl** **be abolished by progressive**
**stages in the course of the transitional period. Such progressive abolition shall also apply to restrictions**
**on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in**
**the territory of any Member State.**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

**COMMUNITY PROVISIONS CITED**

Freedom of establishment shall include the right to take up and pursue activities as self-employed
persons and to set up and manage undertakings, in particular companies or firms within the meaning of
the second paragraph of Article 58, under the conditions laid down for its own nationals by the law of the
country where such establishment is effected, subject to the provisions of the Chapter relating to capital.

_Article 54_

_1._ Before the end of the first stage, the Council shall, acting unanimously on a proposal from the
Commission and after consulting the Economic and Social Committee and the European Pariiament,
draw up a general programme for the abolition of existing restrictions on freedom of establishment within
the Community. The Commission shall submit its proposal to the Council during the first two years of the
first stage.

The programme shall set out the general conditions under which freedom of establishment is to
be attained in the case of each type of activity and in particular the stages by which it is to be attained.

_2._ _In_ _order to implement this general programme or, in the absence of such a programme, in order to_
_achieve a stage in attaining freedom of establishment as regards a particular activity, the_ _Council,_ _acting_
_in accordance with the procedure referred to in Article_ _169b_ _and after consulting the Economic and Social_
_Committee, shat act by means of directives._

_3._ The Council and the Commission shall carry out the duties devolving upon them under the
preceding provisions, in particular

_a)_ by according, as a general rule, priority treatment to activities where freedom of establishment
makes a particulariy valuable contribution to the development of production and trade;

_b)_ by ensuring close cooperation between the competent authorities in the Member States in order
to ascertain the particular situation within the Community of the various activities concerned;

_c)_ by abolishing those administrative procedures and practices, whether resulting from national
legislation or from agreements previously concluded between Member States, the maintenance of which
would form an obstacle to freedom of establishment;

_d)_ by ensuring that workers of one Member State employed in the territory of another Member
State may remain in that territory for the purpose of taking up activities therein as self-employed persons,
where they satisfy the conditions which they would be required to satisfy if they were entering that State
at the time when they intended to take up such activities;

_e)_ by enabling a national of one Member State to acquire and use land and buildings situated in
the territory of another Member State, in so far as this does not conflict with the principles laid down in
Article 39(2);

_f) by_ effecting the progressive abolition of restrictions on freedom of establishment in every branch
of activity under consideration, both as regards the conditions for setting up agencies, branches or
subsidiaries in the territory of a Member State and as regards the conditions governing the entry of
personnel belonging to the main establishment into managerial or supervisory posts in such agencies,
branches or subsidiaries;

_g)_ by coordinating to the necessary extent the safeguards which, for the protection of the interests
of members and others, are required by Member States of companies or firms within the meaning of the
second paragraph of Article 58 with a view to making such safeguards equivalent throughout the
Community;

_h)_ by satisfying themselves that the conditions of establishment are not distorted by aids granted
by Member States.

_Article 59_

Within the framework of the provisions set out below, restrictions on freedom to provide services
within the Community shall be progressively abolished during the transitional period in respect of nationals of Member States who are established in a State of the Community other than that of the person for
whom the services are intended.

The Council may, acting by a qualified majority on a proposal from the Commission, extend the
provisions of the Chapter to nationals of a third country who provide services and who are established
within the Community.

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

**COMMUNITY PROVISIONS CITED**

_**Article**_ _**85**_

_**1.**_ **The following shall be prohibited as incompatible with the common market: all agreements**
**between undertakings, decisions by associations of undertakings and concerted practices which may**
**affect trade between Member States and which have as their object or effect the prevention, restriction or**
**distortion of competition within the common market and in particular those which:**

_**a)**_ **directly or indirectly fix purchase or selling prices or any other trading conditions;**

_**b)**_ **limit or control production, markets, technical development or investment;**

_**c)**_ **share markets or sources of supply;**

_**d)**_ **apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing**
**them at a competitive disadvantage;**

_**e)**_ **make the conclusion of contracts subject to acceptance by the other parties of supplementary**
**obligations** **which,** **by their nature or according to commercial usage, have no connection with the subject**
**of such contracts.**

**2.** **Any agreements or decisions prohibited pursuant to this Article shall be automatically void.**

**3.** **The provisions of paragraph 1 may, however, be declared inapplicable in the case of:**

**- any agreement or category of agreements between undertakings;**

**- any decision or category of decisions by associations of undertakings;**

**- any concerted practice or category of concerted practices;**

**which contributes to improving the production or distribution of goods or to promoting technical or eco-**
**nomic progress, while allowing consumers a fair share of the resulting benefit and which does not**

_**a)**_ **impose on the undertakings concerned restrictions which are not indispensable to the attain-**
**ment of these objectives;**

_**b)**_ **afford such undertakings the possibility of eliminating competition in respect of a substantial**
**part of** **the** **products in question.**

_**Article**_ _**86**_

**Any abuse by one or more undertakings of a dominant** **posrtion** **within the common market or in a**
**substantial part of it shall be prohibited as incompatible with the common market in so far as it may**
**affect trade between Member States.**

**Such abuse may, in particular, consist in:**

_**a)**_ **directly or indirectly imposing unfair purchase or selling prices or other unfair trading condi-**
**tions;**

_**b)**_ **limiting production, markets or technical development to the prejudice of consumers;**

_**c)**_ **applying dissimilar conditions to equivalent transactions with other trading parties, thereby**
**placing them at a competitive disadvantage;**

_**d)**_ **making the conclusion of contracts subject to acceptance by the other parties of supplementary**
**obligations which, by their nature or according to commercial usage, have no connection with the subject**
**of such contracts.**

_**Article**_ _**93(1)**_

**The Commission shall, in cooperation with Member States, keep under constant review all sys-**
**tems of aid existing in those States.** **It** **shall propose to the latter any appropriate measures required by**
**the progressive development or by the functioning of** **the** **common market.**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

COMMUNITY PROVISIONS CITED

_Article_ _100_

_The Council_ _shatt,_ _acting unanimously on a proposal from the Commission and after consulting the_
_European Parliament and the Economic and Social_ _Committee,_ _issue directives for the approximation of_
_such_ _laws,_ _regulations or administrative provisions of the Member States as directly affect the establish-_
_ment or functioning of the common market._

_Article 100a_

_1._ _By way of derogation from Article 100 and save where otherwise provided in this_ _Treaty,_ _the_
_following provisions shall apply for the achievement of the objectives set out in Article 7a. The Council_
_shall, acting in accordance with the procedure referred to in Article_ _189b_ _and after consulting the_
_Economic and Sodal Committee, adopt the measures for the approximation of the provisions laid down by_
_law, regulation or administrative action in Member States which have as their object the establishment_
_and functioning of the internal market._

_2._ Paragraph 1 shall not apply to fiscal provisions, to those relating to the free movement of persons
nor to those relating to the rights and interests of employed persons.

3. The Commission, in its proposals envisaged in paragraph 1 concerning health, safety, environmental protection and consumer protection, will take as a base a high level of protection.

_4._ If, after the adoption of a harmonization measure by the Council acting by a qualified majority, a
Member State deems it necessary to apply national provisions on grounds of major needs referred to in
Article 36, or relating to protection of the environment or the working environment, it shall notify the
Commission of these provisions.

The Commission shall confirm the provisions involved after having verified that they are not a
means of arbitrary discrimination or a disguised restriction on trade between Member States.

By way of derogation from the procedure laid down in Articles 169 and 170, the Commission or
any Member State may bring the matter directly before the Court of Justice if it considers that another
Member State is making improper use of the powers provided for in this Article.

_5._ The harmonization measures referred to above shall, in appropriate cases, include a safeguard
clause authorizing the Member States to take, for one or more of the non-economic reasons referred to in
Article 36, provisional measures subject to a Community control procedure.

_Article 100b_

_1._ During 1992, the Commission shall, together with each Member State, draw up an inventory of
national laws, regulations and administrative provisions which fall under Article 100a and which have not
been harmonized pursuant to that Article.

The Council, acting in accordance with the provisions of Article 100a, may decide that the provisions in force in a Member State must be recognized as being equivalent to those applied by another
Member State.

_2._ The provisions of Article 100a(4) shall apply by analogy.

_3._ The Commission shall draw up the inventory referred to in the first subparagraph of paragraph 1
and shall submit appropriate proposals in good time to allow the Council to act before the end of 1992.

_Article_ _100c_

_1._ _The Council, acting unanimously on a proposal from the Commission and after consulting the_
_European Pariiament, shall determine the third countries whose nationals must be in possession of a visa_
_when crossing the external borders of the Member States._

_2._ _However,_ _in the event of an emergency situation in a third country posing a threat of a sudden_
_inflow of nationals from that country into the Community, the Council, acting by a qualified majority on a_
_recommendation from the Commission, may introduce, for a period not exceeding six months, a visa_
_requirement for nationals from the country in question. The visa requirements established under this_
_paragraph may be extended in accordance with the procedure referred to in paragraph 1._

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**COMMUNITY PROVISIONS CITED**

**3.** _**From 1 January 1996, the Cound shat**_ _**adopt**_ _**the**_ _**decisions**_ _**referred to in paragraph 1 by a**_ _**quali-**_
_**fied**_ _**majority.**_ _**The Cound**_ _**shat,**_ _**before that date,**_ _**acting**_ _**by a**_ _**qualified majority**_ _**on a proposal from the**_
_**Commission**_ _**and after**_ _**consulting**_ _**the**_ _**European**_ _**Parliament,**_ _**adopt measures**_ _**relating**_ _**to a**_ _**uniform**_ _**format**_
_**for**_ _**visas.**_

_**4.**_ _**In**_ _**the areas referred to**_ _**m**_ _**this**_ _**Article,**_ _**the**_ _**Commission**_ _**shat examine any request made by a**_
_**Member State that it**_ _**submit**_ _**a proposal to the**_ _**Cound.**_

_**5.**_ _**This Article shat be**_ _**without prejudice**_ _**to the exercise of the**_ _**responsibBities**_ _**incumbent upon the**_
_**Member**_ _**States with**_ _**regard to the**_ _**maintenance of**_ _**tow**_ _**and**_ _**order**_ _**and the**_ _**safeguarding**_ _**of intemal**_ _**security.**_

_**6.**_ _**This Article**_ _**shat apply to other areas if**_ _**so deckled pursuant**_ _**to**_ _**Article**_ _**K.9**_ _**of the**_ _**provisions**_ _**of**_ _**the**_
_**Treaty on**_ _**European Union which**_ _**relate to**_ _**cooperation**_ _**in the**_ _**fields**_ _**of justice and home**_ _**affairs,**_ _**subject**_ _**to**_
_**the**_ _**voting conditions determined**_ _**at the same**_ _**time.**_

_**7.**_ _**The**_ _**provisions**_ _**of the**_ _**conventions**_ _**in force between the Member States goveming areas covered**_
_**by this Article shat remain in**_ _**force untii**_ _**their content has been replaced by**_ _**directives**_ _**or measures**_
_**adopted pursuant**_ _**to**_ _**this**_ _**Article.**_

_**Article**_ _**115**_

_**In**_ _**order to ensure that the**_ _**execution**_ _**of**_ _**measures**_ _**of**_ _**commercial policy**_ _**taken in accordance**_ _**with**_
_**this Treaty by any Member State is not**_ _**obstructed**_ _**by**_ _**deflection**_ _**of**_ _**trade,**_ _**or where**_ _**differences**_ _**between**_
_**such**_ _**measures lead to**_ _**economic difficulties**_ _**in one or**_ _**more**_ _**Member**_ _**States,**_ _**the**_ _**Commission**_ _**shat**_ _**recom-**_
_**mend**_ _**the**_ _**methods for the**_ _**requisite cooperation**_ _**between Member States.**_ _**Fatfng**_ _**this, the**_ _**Commission**_
_**may**_ _**authorize**_ _**Member States**_ _**to**_ _**take the**_ _**necessary protective**_ _**measures, the**_ _**conditions**_ _**and detats of**_
_**which**_ _**it shat determine.**_

_**m**_ _**case of**_ _**urgency.**_ _**Member States shat**_ _**request authorization**_ _**to**_ _**take**_ _**the necessary**_ _**measures**_
_**themselves**_ _**from the**_ _**Commission,**_ _**which**_ _**shat take**_ _**a decision**_ _**as soon as**_ _**possible;**_ _**the Member States**_
_**concemed shat then notify the**_ _**measures**_ _**to the other Member States. The**_ _**Commission**_ _**may**_ _**decide**_ _**at**_
_**any**_ _**time**_ _**that the Member**_ _**States concerned**_ _**shat**_ _**amend**_ _**or**_ _**abolish**_ _**the**_ _**measures**_ _**in**_ _**question.**_

_**In**_ _**the**_ _**selection**_ _**of**_ _**such**_ _**measures,**_ _**priority**_ _**shat be given to those which cause the least**_ _**distur-**_
_**bance of the**_ _**functioning**_ _**of the**_ _**common**_ _**market.**_

_**Article 118a**_

_**1.**_ **Member States shall pay particular attention to encouraging improvements, especially in the**
**working environment, as regards the health and safety of workers, and shall set as their objective the**
**harmonization of conditions in this** **area,** **while maintaining the improvements made.**

_**2.**_ _**In**_ _**order to help achieve the**_ _**objective laid down**_ _**in**_ _**the**_ _**first**_ _**paragraph,**_ _**the**_ _**Cound,**_ _**acting**_ _**in**_ _**accor-**_
_**dance with the procedure referred to in**_ _**Article**_ _**189c and after**_ _**consulting**_ _**the Economic and Social**_
_**Committee,**_ _**shat**_ _**adopt**_ _**by**_ _**means**_ _**of**_ _**directives,**_ _**minimum requirements**_ _**for**_ _**gradual**_ _**implementation,**_ _**having**_
_**regard to the**_ _**conditions**_ _**and**_ _**technical rules obtaining in**_ _**each of the Member States.**_

**Such directives shall avoid imposing administrative, financial and legal constraints in a way which**
**would hold back the creation and development of small and** **medium-steed** **undertakings.**

_**3.**_ **The provisions adopted pursuant to this Article shall not prevent any Member State from** **maintain-**
**ing or introducing more stringent measures for the protection of working conditions compatible with this**
**Treaty.**

_**Article**_ _**126**_

_**1.**_ _**The**_ _**Community**_ _**shat**_ _**contribute**_ _**to the**_ _**development**_ _**of**_ _**quality education**_ _**by**_ _**encouraging**_ _**coopera-**_
_**tion**_ _**between Member States and. if**_ _**necessary,**_ _**by**_ _**supporting**_ _**and**_ _**supplementing**_ _**their**_ _**action,**_ _**whte**_ _**fully**_
_**respecting**_ _**the**_ _**responsibility**_ _**of the Member States for the content of**_ _**teaching**_ _**and the**_ _**organization**_ _**of**_
_**education systems**_ _**and**_ _**their cultural**_ _**and**_ _**Snguistic**_ _**diversity.**_

_**2.**_ _**Community action**_ _**shat be**_ _**aimed**_ _**at:**_

_**-**_ _**developing**_ _**the European**_ _**dimension**_ _**in**_ _**education,**_ _**particularly through**_ _**the teaching and**_ _**dissemi-**_
_**nation of**_ _**the**_ _**languages of**_ _**the Member**_ _**States;**_

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

**COMMUNITY PROVISIONS CITED**

     _encouraging mobility of students and_ _teachers,_ _inter alia by encouraging the academic recogni-_
_tion of diplomas and periods of_ _study;_

_- promoting cooperation between educational establishments;_

     - _developing exchanges of_ _infonnation_ _and experience on_ _Issues_ _common to the education sys-_
_tems of the Member States;_

_- encouraging the development of youth exchanges and of exchanges of_ _socio-educational_ _Instruc-_
_tors;_

_- encouraging the development of distance education._

_3._ _The Community and the Member States shall foster cooperation with third countries and the_
_competent international organizations in the field of education, in particular the Cound of Europe._

_4._ _In_ _order to contribute to the achievement of the objectives referred_ _to_ _in this_ _Article,_ _the Cound:_

     _acting in accordance with the_ _procedure_ _refened to in Article 189b, efter consulting the Economic_
_and Social Committee and the Committee of the Regions, shat adopt incentive measures, excluding any_
_harmonization of the laws and regulations of the Member_ _States;_

     - _acting by a qualified majority on a proposal from the Commission,_ _shall_ _adopt recommendations._

_Article 127_

_1._ _The Community shall implement a vocational training policy which shall support and supplement_
_the action of the Member States, while fully respecting the responsibility of the Member States for the_
_content and organization of vocational training._

_2._ _Community action shall aim to:_

     _facilitate adaptation to industrial changes, in particular through vocational training and_ _retraining;_

     _improve initial and continuing vocational training in order to facilitate vocational integration and_
_reintegration into the labour market;_

_-faditate_ _access to vocational training and encourage mobility of instructors and trainees and_
_particulariy young people;_

_- stimulate cooperation on training between educational or training establishments and finns;_

     _develop exchanges of information and experience on issues common to the training systems of_
_the Member States._

_3._ _The_ _Community and the Member States shall foster cooperation with third countries and the_
_competent international organizations in the sphere of vocational training._

_4._ _The Cound, acting in accordance_ _with_ _the_ _procedure_ _referred_ _to_ _in Article_ _189c_ _and after consult-_
_ing the Economic and Social Committee, shall adopt measures to contribute to the achievement of the_
_objectives referred to in this_ _Article,_ _excluding any harmonization of the laws and regulations of the_
_Member States._

_Article 130d_

_Without prejudice to Article 130e, the Cound. acting unanimously on a proposal from the_
_Commission and after obtaining the assent of the European Parliament and consulting the Economic and_
_Social Committee and the Committee of the_ _Regions,_ _shall define the tasks, priority objectives and the_
_organization of the Structural Funds, which may involve grouping the Funds. The Cound, acting by the_
_same procedure, shall also define the general rules applicable to them and the provisions necessary to_
_ensure their effectiveness and the coordination of the Funds with one another and with the other existing_
_financial instruments._

_The Cound, acting in accordance with the same procedure, shall before 31 December_ _1993_ _set_
_up a Cohesion Fund to provide a financial contribution to projects in the fields of environment and trans-_
_European networks in the area of transport infrastructure._

**THE COMMUNITY INTERNAL MARKET - 1993 REPORT**

**10** **COMMUNITY PROVISIONS CITED**

_**Article**_ _**130r**_

_**1.**_ _**Community policy on**_ _**the**_ _**environment**_ _**shat**_ _**contribute**_ _**to**_ _**pursuit**_ _**of the**_ _**following**_ _**objectives:**_

**-** _**preserving,**_ _**protecting**_ _**and**_ _**improving the quality**_ _**of the**_ _**environment;**_

**-**
_**protecting human**_ _**health;**_

_**-**_ _**prudent**_ _**and**_ _**rational utXzation**_ _**of**_ _**natural**_ _**resources;**_

_**-promoting measures at**_ _**intemational**_ _**level to deal with regional or woridwide environmental**_
_**problems.**_

_**2.**_ _**Community policy**_ _**on the**_ _**environment**_ _**shat**_ _**aim**_ _**at a**_ _**high**_ _**level of**_ _**protection taking into account**_ _**the**_
_**diversity**_ _**of**_ _**situations in**_ _**the**_ _**various regions**_ _**of the**_ _**Community.**_ _**It**_ _**shat be based on the**_ _**precautionary**_
_**principle**_ _**and**_ _**on**_ _**the**_ _**prindples**_ _**that**_ _**preventive action shouki**_ _**be taken, that**_ _**environmental**_ _**damage**_ _**should**_
_**as a**_ _**priority**_ _**be**_ _**rectified**_ _**at**_ _**source**_ _**and**_ _**that**_ _**the**_ _**poButer should**_ _**pay.**_ _**Environmental**_ _**protection requirements**_
_**must**_ _**be**_ _**integrated into**_ _**the**_ _**definition and implementation**_ _**of**_ _**other**_ _**Community**_ _**poBcies.**_

_**In**_ _**this**_ _**context,**_ _**harmonization measures answering these requirements shat include, where**_
_**appropriate,**_ _**a**_ _**safeguard clause allowing**_ _**Member**_ _**States**_ _**to take**_ _**provisional**_ _**measures,**_ _**for**_ _**non-economic**_
_**environmental reasons,**_ _**subject**_ _**to a Community**_ _**inspection**_ _**procedure.**_

_**3.**_ _**In preparing its policy on**_ _**the**_ _**environment,**_ _**the**_ _**Community**_ _**shat take**_ _**account**_ _**of:**_

**-** _**avatable scientific**_ _**and**_ _**technical**_ _**data;**_

**-** _**environmental conditions in**_ _**the**_ _**various regions of**_ _**the**_ _**Community;**_

**-** _**the potential benefits**_ _**and**_ _**costs**_ _**of**_ _**actions**_ _**or**_ _**lack**_ _**of action;**_

**-** _**the economic**_ _**and**_ _**social development**_ _**of**_ _**the CommunHy**_ _**as a whole and the balanced**_ _**develop-**_
_**ment**_ _**of its**_ _**regions.**_

_**4.**_ _**Within weir respective spheres of**_ _**competence,**_ _**the**_ _**CommunHy**_ _**and the Member States**_ _**shat**_
_**cooperate**_ _**with third countries**_ _**and**_ _**with**_ _**the**_ _**competent intemational**_ _**organizations.**_ _**The arrangements for**_
_**CommunHy cooperation**_ _**may be the**_ _**subject**_ _**of**_ _**agreements**_ _**between the**_ _**CommunHy and**_ _**the**_ _**third parties**_
_**concemed,**_ _**which**_ _**shat be**_ _**negotiated**_ _**and**_ _**concluded in accordance with Article**_ _**228.**_

_**The previous subparagraph**_ _**shat be**_ _**without prejudice**_ _**to Member States'**_ _**competence**_ _**to**_ _**negotiate**_
_**in international bodies and**_ _**to**_ _**conclude international**_ _**agreements.**_

_**Artide**_ _**155**_

**In** **order to ensure the proper functioning and development of the common market the Commis-**
**sion** **shall:**

**- ensure that the provisions of this Treaty and the measures taken by the institutions pursuant**
**thereto are** **applied;**

**-**
**formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressly**
**so provides or if the Commission considers it** **necessary;**

**- have its own power of decision and participate in the shaping of measures taken by the Council**
**and by the European Parliament in the manner provided for** **in** **this** **Treaty;**

**- exercise the powers conferred on it by the Council for the implementation of the rules laid down**
**by the latter.**

_**Article**_ _**169**_

**If** **the Commission considers that a Member State has failed to fulfil an obligation under this** **•**
**Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity**
**to submit its observations.**

**If the State concerned does not comply with the opinion within the period laid down by** **the**
**Commission, the latter may bring the matter before the Court of Justice.**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

COMMUNITY PROVISIONS CITED 11

_Artide 171_

_1._ _If_ _the Court of Justice finds that a Member State has failed to fulfil an obligation under this Treaty,_
_the State shall be required to take the necessary measures to comply_ _with_ _the judgment of the Court of_
_Justice._

_2._ _If_ _the Commission considers that the Member State concerned has not taken such measures it_
_shat, after giving that State the opportunity to submit its observations, issue a reasoned opinion specifying_
_the points on which the Member State concerned has not complied with the judgment_ _of_ _the_
_Court of Justice._

_If the Member State concemed fails to take the necessary measures to comply with the Court's_
_judgment within the time-limH laid down by the Commission, the latter may bring the case before the_
_Court of Justice._ _In_ _so doing_ _H shat_ _specify the amount of the lump sum or penalty payment to be paid by_
_the Member State concemed which_ _H_ _considers appropriate in the drcumstances._

_If_ _the Court of Justice finds that the Member State concerned has not complied_ _with its_ _judgment_ _it_
_may impose a lump sum or penalty payment on_ _H._

_This procedure shall be without prejudice to Artide 170._

_Article 175_

_Should the European Pariiament, the Cound_ _or_ _the_ _Commission,_ _in infringement of this Treaty, fail_
_to act, the Member States and the other institutions of the CommunHy may bring an action before the_
_Court of Justice to have the infringement_ _estabSshed._

_The adion shall be admissible_ _only_ _if the institution concerned has first been called upon to ad. If,_
_within two months_ _of_ _being so called upon, the institution concerned has not defined Hs position, the_
_action may be brought within a further period of two months._

_Any natural or legal person may, under the conditions laid down in the preceding paragraphs,_
_complain to the Court of Justice than an institution of the_ _CommunHy_ _has faffed to address to that person_
_any ad other than a recommendation or an_ _opinion._

_The Court of Justice shall have jurisdiction, under the same conditions, in actions or proceedings_
_brought by the ECB in the areas falling_ _wHhin_ _the tatter's field of competence and in actions or proceed-_
_ings brought against the_ _latter._

_Artide 177_

_The Court of Justice shall have jurisdiction to give preliminary rulings concerning:_

_a) the interpretation of this Treaty;_

_b) the validity and interpretation of acts of the institutions of the CommunHy and of the ECB;_

_c) the interpretation of the statutes of bodies estabSshed by an ad of the Cound, where those_
_statutes so provide._

_Where such a question is raised before any court of tribunal of a Member State, that court or_
_tribunal may, if_ _H_ _considers that a dedsion on the question is necessary to enable H to give judgment,_
_request the Court of Justice to give a ruling thereon._

_Where any such question is raised in a case pending before a court or tribunal of a Member State_
_against whose dedsions there is no judidal remedy under national law, that court or tribunal shall bring_
_the matter before the Court of Justice._

_Article_ _189_

_In order to carry out their task and in accordance_ _with_ _the provisions of this Treaty, the European_
_Pariiament acting jointly with the_ _Cound,_ _the Cound and the Commission shall make regulations and_
_issue directives, take decisions, make recommendations or deliver opinions._

A regulation shall have general application. It shall be binding in its entirety and directly applicable
in all Member States.

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**12** **COMMUNITY PROVISIONS CITED**

**A** **directh/eshall** **be** **binding,** **as to the result to be** **achieved,** **upon each Member State to which it is**
**addressed, but shall leave to the national authorities the choice of** **form** **and methods.**

**A decision shall be binding in its entirety upon those to whom it is addressed.**

**Recommendations and opinions shall have no binding** **force.**

_**Artide 189b**_

_**1.**_ _**Where reference is made in this Treaty to this Artide for the**_ _**adoption**_ _**of an ad, the**_ _**following**_
_**procedure**_ _**shat**_ _**apply.**_

**2.** **The** _**Commission**_ _**shat**_ _**submit**_ _**a proposal to the**_ _**European Parliament**_ _**and the**_ _**Cound.**_

_**The**_ _**Cound.**_ _**acting**_ _**by a**_ _**quaffied majority**_ _**after**_ _**obtaining**_ _**the**_ _**opinion**_ _**of the European**_ _**Pariiament,**_
_**shat**_ _**adopt**_ _**a**_ _**common**_ _**position.**_ _**The common position**_ _**shat be**_ _**communicated**_ _**to the**_ _**European**_ _**Pariiament.**_
_**The Cound shat**_ _**inform**_ _**the European**_ _**Pariiament fuffy**_ _**of the reasons**_ _**which**_ _**led i to adopt**_ _**Hs**_ _**common**_
_**position.**_ _**The**_ _**Commission**_ _**shat**_ _**inform**_ _**the**_ _**European Pariiament futty ofHs**_ _**position.**_

_**If,**_ _**wHhin**_ _**three**_ _**months**_ _**of**_ _**such**_ _**communication,**_ _**the**_ _**European**_ _**Pariiament:**_

_**a)**_ _**approves**_ _**the**_ _**common**_ _**posHion,**_ _**the Cound shat**_ _**definHivety adopt**_ _**the ad in**_ _**question**_ _**in**_ _**accor-**_
_**dance**_ _**wHh**_ _**that**_ _**common**_ _**posHion;**_

_**b) has not taken a dedsion, the Cound shat adopt the ad in**_ _**question**_ _**in accordance**_ _**wHh**_ _**Hs**_
_**common**_ _**position:**_

_**c)**_ _**indicates,**_ _**by an absolute**_ _**majorHy**_ _**of its component members, that H intends to rejed the**_
_**common**_ _**position,**_ _**H shat**_ _**immediately inform**_ _**the**_ _**Cound.**_ _**The Cound may convene a meeting of the**_
_**Condiation**_ _**Committee**_ _**referred to**_ _**in paragraph**_ _**4 to**_ _**explain further Hs**_ _**position.**_ _**The**_ _**European Pariiament**_
_**shat thereafter either**_ _**confirm,**_ _**by**_ _**an absolute majority**_ _**of**_ _**Hs component**_ _**members, Hs rejection of the**_
_**common**_ _**posHion,**_ _**in**_ _**which**_ _**event the**_ _**proposed**_ _**ad shat be deemed**_ _**not**_ _**to have been**_ _**adopted,**_ _**or propose**_
_**amendments in accordance with subparagraph**_ _**(d) of**_ _**this**_ _**paragraph;**_

_**d)**_ _**proposes**_ _**amendments to the common**_ _**posHion**_ _**by an absolute majority of Hs component**_
_**members,**_ _**the**_ _**amended**_ _**text shat be**_ _**forwarded**_ _**to the Cound and to the**_ _**Commission,**_ _**which**_ _**shat detver**_
_**an**_ _**opinion**_ _**on**_ _**those**_ _**amendments.**_

_**3.**_ _**If.**_ _**wHNn**_ _**three**_ _**months**_ _**of**_ _**the***_ _**matter**_ _**being**_ _**referred to**_ _**H,**_ _**the**_ _**Cound,**_ _**acting**_ _**by a**_ _**quaSfied**_ _**majority,**_
_**approves**_ _**at**_ _**the amendments**_ _**of**_ _**the European**_ _**Pariiament,**_ _**H**_ _**shat**_ _**amend Hs common posHion accordingly**_
_**and**_ _**adopt**_ _**the ad**_ _**in**_ _**question;**_ _**however,**_ _**the Cound shat ad**_ _**unanimously**_ _**on the**_ _**amendments**_ _**on**_ _**which**_
_**the**_ _**Commission**_ _**has**_ _**delivered**_ _**a**_ _**negative**_ _**opinion.**_ _**If the**_ _**Cound**_ _**does**_ _**not**_ _**approve**_ _**the ad**_ _**in**_ _**question,**_ _**the**_
_**President of the**_ _**Cound,**_ _**in**_ _**agreement**_ _**with the President of the European Pariiament, shat**_ _**forthwith**_
_**convene**_ _**a**_ _**meeting of the**_ _**Condiation**_ _**Committee.**_

_**4.**_ _**The Condiation**_ _**CommHtee,**_ _**which shat be composed of the members of the Cound or their**_
_**representatives**_ _**and an equal**_ _**number**_ _**of**_ _**representatives**_ _**of**_ _**the European**_ _**Pariiament,**_ _**shat have the task**_
_**of**_ _**reaching agreement**_ _**on a joint**_ _**text,**_ _**by a**_ _**quaSfied majority**_ _**of**_ _**the members**_ _**of**_ _**the**_ _**Cound or**_ _**their**_ _**repre-**_
_**sentatives**_ _**and by a**_ _**majority**_ _**of the**_ _**representatives**_ _**of the**_ _**European**_ _**Pariiament.**_ _**The**_ _**Commission**_ _**shat**_
_**take part in the Condiation**_ _**CommHtee's proceedings**_ _**and shat take at the necessary**_ _**kutiatives wHh**_ _**a**_
_**view to**_ _**reconding the**_ _**positions of**_ _**the**_ _**European Pariiament**_ _**and**_ _**the**_ _**Cound.**_

_**5.**_ _**If,**_ _**within**_ _**six weeks of**_ _**Hs**_ _**being**_ _**convened,**_ _**the Condiation**_ _**CommHtee**_ _**approves a joint**_ _**text,**_ _**the**_
_**European**_ _**Pariiament.**_ _**ading by an absdute**_ _**majority**_ _**of the votes**_ _**cast,**_ _**and the**_ _**Cound,**_ _**acting by a**_
_**quaSfied**_ _**majorHy,**_ _**shat**_ _**have**_ _**a**_ _**period**_ _**of**_ _**six weeks from**_ _**that**_ _**approval in which**_ _**to adopt the ad in**_ _**question**_
_**in**_ _**accordance wHh thejdnt**_ _**text.**_ _**If one**_ _**of**_ _**the two institutions faffs**_ _**to**_ _**approve**_ _**the**_ _**proposed**_ _**ad, H shat be**_
_**deemed**_ _**not**_ _**to have been**_ _**adopted.**_

_**6.**_ _**Where the Condiation**_ _**CommHtee does**_ _**not**_ _**approve**_ _**a joint**_ _**text,**_ _**the**_ _**proposed**_ _**ad shat be deemed**_
_**not to have been adopted**_ _**unless**_ _**the**_ _**Cound,**_ _**ading by a**_ _**quaSfied majority within six weeks**_ _**of**_ _**expiry**_ _**of**_
_**the**_ _**period granted**_ _**to the Condiation**_ _**CommHtee,**_ _**confirms**_ _**the**_ _**common posHion**_ _**to**_ _**which H**_ _**agreed before**_
_**the**_ _**condiation procedure**_ _**was**_ _**initiated,**_ _**possibly with amendments proposed**_ _**by the European**_ _**Pariiament.**_
_**In this**_ _**case, the ad**_ _**in question**_ _**shat be**_ _**finally adopted unless**_ _**the**_ _**European**_ _**Pariiament,**_ _**wHhin**_ _**six weeks**_
_**of the date of**_ _**confirmation**_ _**by the**_ _**Cound,**_ _**rejeds the text by an absolute majority of**_ _**Hs**_ _**component**_
_**members,**_ _**in**_ _**which**_ _**case the**_ _**proposed**_ _**ad shat be deemed**_ _**not**_ _**to have been**_ _**adopted.**_

_**7.**_ _**The**_ _**periods**_ _**of**_ _**three months**_ _**and**_ _**six weeks**_ _**referred**_ _**to**_ _**in**_ _**this Article**_ _**may be extended by a**_ _**maxi-**_
_**mum of one**_ _**month**_ _**and two weeks**_ _**respedivefy**_ _**by**_ _**common**_ _**accord of the**_ _**European Pariiament**_ _**and the**_
_**Cound.**_ _**The period of three**_ _**months**_ _**referred to in paragraph 2 shat be automaticaty extended by**_
_**two**_ _**months where paragraph**_ _**2(c)**_ _**appSes.**_

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

**COMMUNITY PROVISIONS CITED** **13**

_8._ _The scope_ _of_ _the procedure under this_ _Artide_ _may be_ _widened,_ _in_ _accordance with_ _the_ _procedure_
_provided_ _for_ _in_ _Artide N(2) of_ _the Treaty on European_ _Union,_ _on the_ _basis_ _of a report to be_ _submitted_ _to_
_the Cound by_ _the Commission_ _by_ _1996_ _at_ _the_ _latest._

**3.** **Treaty on European Union**

_Artide_ _K.1_

For the purposes of achieving the objectives of the Union, in particular the free movement of
persons, and without prejudice to the powers of the European Community, Member States shall regard
the following areas as matters of common interest

_1)_ asylum policy;

_2)_ rules governing the crossing by persons of the external borders of the Member States and the
exercise of controls thereon;

_3)_ immigration policy and policy regarding nationals of third countries:

_a)_ conditions of entry and movement by nationals of third countries on the territory of
Member States;

_b)_ conditions of residence by nationals of third countries on the territory of Member States,
including family reunion and access to employment;

_c)_ combating unauthorized immigration, residence and work by nationals of third countries
on the territory of Member States;

_4)_ combating drug addiction in so far as this is not covered by (7) to (9);

_5)_ combating fraud on an international scale in so far as this is not covered by (7) to (9);

_6)_ judicial cooperation in civil matters;

_7)_ judicial cooperation in criminal matters;

_8)_ customs cooperation;

_9)_ police cooperation for the purposes of preventing and combating terrorism, unlawful drugtrafficking and other serious forms of international crime, including if necessary certain aspects of
customs cooperation, in connection with the organization of a Union-wide system for exchanging information within a European Police Office (Europol).

_Artide_ _K.4_

1. A Coordinating Committee shall be set up consisting of senior officials. In additions to its coordinating role, it shall be the task of the Committee to:

    - give opinions for the attention of the Council, either at the Council's request or on its own initiative;

     - contribute, without prejudice to Article 151 of the Treaty establishing the European Community,
to the preparation of the Council's discussions in the areas referred to in Article K.1 and, in accordance
with the conditions laid down in Article 100d of the Treaty establishing the European Community, in the
areas referred to in Article 100c of that Treaty.

2. The Commission shall be fully associated with the work in the areas referred to in this Title.

3. The Council shall act unanimously, except on matters of procedure and in cases where Article K.3
expressly provides for other voting rules.

Where the Council is required to act by a qualified majority, the votes of its members shall be
weighted as laid down in Article 148(2) of the Treaty establishing the European Community, and for their
adoption, acts of the Council shall require at least 54 votes in favour, cast by at least eight members.

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

**14** **COMMUNITY** **PROVISIONS CITED**

**4.** **Official Journal - references ft**

linn

**Council Directive** **67/548/EEC** **of 27 June 1967 on the approximation of laws, regulations and** **adminis-**
**trative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196,**
_**16108167)**_

**iy.i:i.v.** **:** **.'.** **:** **.-.-.v|**

**Council Regulation (EEC) No** **802/68** **of 27 June 1968 on the common definition of the concept of the**
**origin of goods** **(OJL** **148,** **28/06/68)**

**Council Regulation (EEC) No** **827/68** **of 28 June 1968 on the common organization of the market in**
**certain products listed in Annex II to the Treaty (OJ** **L151,** **30/06/68)**
**mi**

**Commission Directive 70/50/EEC of 22 December 1969 based on the provisions of Article 33(7), on the**
**abolition of measures which have an effect equivalent to quantitative restrictions on imports and are not**
**covered by other provisions adopted in pursuance of the EEC Treaty (OJ** **L13,19/01/70)**

**Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member**
**States relating to the** **type-approval** **of motor vehicles and their trailers (OJ L** **42,23/02/70)**

**Council Directive 70/524/EEC of** **23November 1970** **conceming additives in feedingstuffs** **(OJL270,**
**14/12/70)**

**Council Regulation (EEC) No** **1023/70** **of 25 May 1970 establishing a common procedure for adminis-**
**tering quantitative quotas (OJ L 124,** **08/06/70)**

_WW®_

**Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award**
**of public works contracts** **(OJ** **L** **185,16708/71** **)**

**Council Directive** **71/307/EEC** **of 26 July** **1971** **on the approximation of the laws of the Member States**
**relating to textile names (OJ L** **185,16/08/71)**

**tl972j**

**Council Directive** **72/166/EEC** **of 24 April 1972 on the approximation of the laws of Member States**
**relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement**
**of** **the** **obligation to insure against such liability (OJ L** **103,** **02/05/72)**

**Council Directive** **72/276/EEC** **of 17 July 1972 on the approximation of the laws of the Member States**
**relating to certain methods for the quantitative analysis of binary textile fibre mixtures (OJ L 173,**
**31/07/72)**

**BH**

**Council Directive** **75/324/EEC** **of 20 May 1975 on the approximation of the laws of the Member States**
**relating to aerosol dispensers (OJ** **L147,** **09/06/75)**

**Council Directive** **76/116/EEC** **of 18 December 1975 on the approximation of the laws of the Member**
**States relating to fertilizers (OJ L 24, 30/01/76)**

**Council Directive** **76/768/EEC** **of 27 July 1976 on the approximation of the laws of the Member States**
**relating to cosmetic products (OJ L 262, 27/09/76)**

**Council Directive** **76/769/EEC** **of 27 July 1976 on the approximation of the laws, regulations and admin-**
**istrative** **provisions** **of the Member States relating to restrictions on the marketing and use of certain**
**dangerous substances and preparations** **(OJL 262,27/09/76)**

**(2)** **To provide** **clarity,** **the references** **are cited in numerical** **order;** **regulations** **follow upon other types** **of measures**

**THE COMMUNITY INTERNAL MARKET -** **1993** **REPORT**

COMMUNITY PROVISIONS CITED 15

_**mm**_

Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public
supply contracts (OJ L 13,15/01/77)

Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent
authorities of the Member States in the field of direct taxation (OJ L 336, 27/12/77)

First Council Directive 77/780/EEC of 12 December 1977 on the coordination of the laws, regulations
and administrative provisions relating to the taking up and pursuit of the business of credit institutions
(OJL 322,17/12/77)

_**mm**_

Council Directive 78/473/EEC of 30 May 1978 on the coordination of laws, regulations and administrative provisions relating to Community co-insurance (OJ L 151, 07/06/78)

iiS79i

Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member
States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate
consumer (OJ L 33, 08/02/79)

Council Directive 79/1070/EEC of 6 December 1979 amending Directive 77/799/EEC concerning
mutual assistance by the competent authorities of the Member States in the field of direct taxation
(OJL331, 27/12/79)

Mil

Council Directive 80/767/EEC of 22 July 1980 adapting and supplementing In respect of certain
contracting authorities Directive 77/62/EEC coordinating procedures for the award of public supply contracts (OJ L 215,18/08/80)

Council Directive 80/836/Euratom of 15 July 1980 amending the Directives laying down the basic
safety standards for the health protection of the general public and workers against the dangers of ionizing radiation (OJ L 246, 17/09/80)

**19821**

Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports (OJ L 35,
09/02/82)

Council Regulation (EEC) No 1766/82 of 30 June 1982 on common rules for imports from the People's
Republic of China (OJ L 195, 05/07/82)

**$883!**

Council Directive of 83/189/EEC 28 March 1983 laying down a procedure for the provision of information In the field of technical standards and regulations (OJ L 109, 26/04/83)

Council Regulation (EEC) No 3420/83 of 14 November 1983 on import arrangements for products
originating in State-trading countries, not liberalized at Community level (OJ L 346, 08/12/83)

**19841**

Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the
Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ L 8,
11/01/84)

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 (OJ L 326,13/12/84)

_Msm_

Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption
(OJ L 176, 06/07/85)

Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications
between the Member States of the European Community (OJ L 199, 31/07/85)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**16** **COMMUNITY PROVISIONS CITED**

**Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts**
**negotiated away from business premises (OJ L** **372,** **31/12/85)**

_**mm**_

**Council Regulation (EEC) No 3842/86 of 1 December** **1986 laying** **down measures to prohibit the**
**release for free circulation of counterfeit goods (OJ L** **357,18/12/86)**

**Council Regulation (EEC) No** **4055/86** **of 22 December 1986 applying the principle of freedom to**
**provide services to maritime transport between Member States and between Member States and third**
**countries (OJ L 378, 31/12/86)**

**Council Regulation (EEC) No** **4056/86** **of 22 December 1986 laying down detailed rules for the** **applica-**
**tion of** **Articles** **85 and 86 of the Treaty to maritime transport (OJ L 378, 31/12/86)**

**Council Regulation (EEC) No** **4057/86** **of 22 December 1986 on unfair pricing practices in maritime**
**transport** **(OJL** **378,** **31/12/86)** **'**

**Council Regulation (EEC) No** **4058/86** **of 22 December 1986 concerning coordinated action to safe-**
**guard free access to cargoes in ocean trades (OJ L 378, 31/12/86)**

_**mm**_

**Council Directive** **87/102/EEC** **of 22 December 1986 for the approximation of the laws, regulations and**
**administrative provisions of the Member States concerning consumer credit (OJ L** **42,12/02/87)**

**Council Decision** **87/327/EEC** **of** **15** **June 1987 adopting the European Community Action Scheme for**
**the Mobility of University Students** **(Erasmus)** **(OJ** **L166,25/06/87)**

**Council Directive** **87/328/EEC** **of 18 June** **1987** **on the acceptance for breeding purposes of** **pure-bred**
**breeding animals of** **the** **bovine species (OJ** **L167,26/06/87)**

**Commission Decision** **87/433/EEC** **of 22 July 1987 on surveillance and protective measures which**
**Member States may be authorized to take pursuant to Article** **115** **of** **the** **EEC Treaty (OJ L** **238,21/08/87)**

**Commission Recommendation** **87/598/EEC** **of 8 December 1987 on a European Code of Conduct**
**relating to electronic payment (Relations between financial institutions, traders and service** **establish-**
**ments,** **and consumers) (OJ L 365, 24/12/87)**

**1968** **j**

**Council Directive** **88/182/EEC** **of 22 March 1988 amending Directive** **83/189/EEC** **laying down a** **proce-**
**dure for the provision of information in the field of technical standards and regulations** **(OJL81,**
**26703/88)**

**Council Directive 88/295/EEC of 22 March 1988 amending Directive** **77/62/EEC** **relating to the** **coordi-**
**nation of procedures on the award of public supply contracts and repealing certain provisions of Directive**
**80/767/EEC** **(OJ L 127, 20/05/88)**

**Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and**
**administrative provisions relating to direct insurance other than life assurance and laying down provi-**
**sions to facilitate the effective exercise of freedom to provide services and amending Directive**
**73/239/EEC** **(OJ L 172, 04/07/88)**

**Council Directive** **88/361/EEC** **of 24 June 1988 for the implementation of Article 67 of the Treaty**
**(OJ** **L178,** **08/07/88)**

**Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States**
**concerning the safety of** **toys** **(OJ L** **187,16/07/88)**

**Council Directive** **88/379/EEC** **of 7 June 1988 on the approximation of the laws, regulations and** **admin-**
**istrative provisions of the Member States relating to the classification, packaging and labelling of danger-**
**ous preparations (OJ L** **187,** **16/07/88)**

**Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable**
**to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species**
**(OJ L 194, 22/07/88)**

**Commission Recommendation 88/590/EEC of 17 November** **1988** **concerning payment systems, and**
**in particular** **the** **relationship between cardholder and card issuer (OJ L** **317,** **24/11/88)**

**Council Directive 88/661/EEC of 19 December on the zootechnicai standards applicable to breeding**
**animals of the porcine species (OJ L 382, 31/12/88)**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

COMMUNITY PROVISIONS CITED 17

3989;

Council Decision 89/45/EEC of 21 December 1988 on a Community system for the rapid exchange of
information on dangers arising from the use of consumer products (OJ L 17, 21/01/89)

Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of highereducation diplomas awarded on completion of professional education and training of at least three years'
duration (OJ L 19, 24/01/89)

**Council** Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and
administrative provisions of the Member States relating to construction products (OJ L 40,11/02/89)

Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member
States concerning food additives authorized for use in foodstuffs intended for human consumption (OJ L
40.11/02/89)

Council Directive 89/299/EEC of 17 April 1989 on the own funds of credit institutions (OJ L 124,
05/05/89)

**Council** Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States
relating to electromagnetic compatibility (OJ L 139, 23/05/89)

**Council** Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the Member States
relating to machinery (OJ L 183, 29/06789)

**Council** Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ L 186, 30/06/89)

**Council** Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States
relating to foodstuffs intended for particular nutritional uses (OJ L 186, 30/06/89)

**Council** Directive 89/440/EEC of 18 July 1989 amending Directive 71/305/EEC concerning coordination
of procedures for the award of public works contracts (OJ L 210, 21/07/89)

**Council** Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by
law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17/10/89)

**Second** Council Directive 89/646/EEC of 15 December 1989 on the coordination of laws, regulations
and administrative provisions relating to the taking up and pursuit of the business of credit institutions
and amending Directive 77/780/EEC (OJ L 386, 30/12/89)

Council Directive 89/647/EEC of 18 December 1989 on a solvency ratio for credit institutions
(OJ L 386, 30/12/89)

Council Decision 89/663/EEC of 14 December 1989 amending Decision 87/327/EEC adopting the
European Community action scheme for the mobility of university students (Erasmus) (OJ L 395,
30/12/89)

Council Regulation (EEC) No 1101/89 of 27 April 1989 on structural improvements in inland waterway
transport (OJ L 116, 28/04/89)

Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at
the frontiers of Member States in the field of road and inland waterway transport (OJ L 390, 30/12/89)

Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between
undertakings (OJ L 395, 30/12/89)

**1990]**

Council Directive 90/88/EEC of 22 February 1990 amending Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer
credit (OJL 61, 10/03/90)

Commission Recommendation 90/109/EEC of 14 February 1990 on the transparency of banking
conditions relating to cross-border financial transactions (OJ L 67, 15/03/90)

Council Directive 90/118/EEC of 5 March 1990 on the acceptance of pure-bred breeding pigs for
breeding (OJ L 71, 17/03/90)

Council Directive 90/119/EEC of 5 March 1990 on the acceptance of hybrid breeding pigs for breeding
(OJL 71, 17/03/90)

Council Directive 90/120/EEC of 5 March 1990 amending Directive 88/407/EEC laying down the animal
health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (OJ L 71, 17/03/90)

Council Directive 90/366/EEC of 28 June 1990 on the right of residence for students (OJ L 180,
13/07/90)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**18** **COMMUNITY PROVISIONS CITED**

**Council Directive 90/377/EEC of 29 June 1990 concerning a. Community procedure to improve the**
**transparency of gas and electricity prices charged to industrial end-users (OJ L** **185,17/07/90)**

**Council Directive 90/385/EEC of 20 June** **1990** **on the approximation of the laws of the Member States**
**relating to active implantable medical devices (OJ** **L189,** **20/07/90)**

**Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for** **tele-**
**communications services through the implementation of open network provision (OJ** **L192,24/07/90)**

**Commission Directive** **90/388/EEC** **of 28 June** **1990** **on competition in the markets for telecommunica-**
**tions services (OJ** **L192,** **24/07/90)**

**Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operat-**
**ing in the water, energy, transport and telecommunications sectors (OJ L 297, 29/10/90)**

**Council Directive 90/547/EEC of 29 October 1990 on the transit of electricity through transmission grids**
**(OJL 313,13/11/90)**

**Council Directive 90/618/EEC of 8 November 1990 amending, particularly as regards motor vehicle**
**liability insurance, Directive** **73/239/EEC** **and Directive** **88/357/EEC** **which concern the coordination of**
**laws,** **regulations and administrative provisions relating to direct insurance other than life assurance**
**(OJL** **330, 29/11/90)**

**Council Directive** **90/618/EEC** **of 8 November 1990 amending, particularly as regards motor vehicle**
**liability insurance, Directive** **73/239/EEC** **and Directive** **88/357/EEC** **which concern the coordination of**
**laws,** **regulations and administrative provisions relating to direct insurance other than life assurance**
**(OJL330,** **29/11/90)**

**Council Directive** **90/619/EEC** **of 8 November** **1990** **on the coordination of** **taws,** **regulations and admin-**
**istrative provisions relating to direct fife assurance, laying down provisions to facilitate the effective exer-**
**cise of** **freedom** **to provide services and amending Directive** **79/267/EEC** **(OJ L 330,** **29/11/90)**

**Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organiza-**
**tion of veterinary checks on products entering the Community from third countries (OJ L 373, 31/12/90)**

**Council Regulation (EEC) No** **3677/90** **of 13 December 1990 laying down measures to be taken to**
**discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and**
**psychotropic** **substances (OJ L 357,** **20/12/90)**

**Ï991**

**Council Directive** **91/173/EEC** **of** **21** **March 1991 amending for the ninth time Directive** **767769/EEC** **on**
**the approximation of the laws, regulations and administrative provisions of the Member States relating to**
**restrictions on the marketing and use of certain dangerous substances and preparations (OJ L 85,**
**05/04/91)**

**Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States**
**conceming telecommunications terminal equipment, including the mutual recognition of their conformity**
**(OJL** **128, 23/05/91)**

**Council Directive** **91/296/EEC** **of 31 May 1991 on the transit of natural gas through grids (OJ L 147,**
**12/06/91)**

**Council Decision** **91/341/EEC** **of 20 June 1991 on the adoption of a programme of Community action**
**on the subject of the vocational training of customs officials (Matthaeus programme) (OJ L** **187,**
**13/07/91)**

**Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways**
**(OJL** **237, 24/08/91)**

**Commission Decision** **91/453/EEC** **of 30 July 1991 setting up an Advisory Committee on Customs and**
**Indirect Taxation (OJ L** **241,** **30/08/91** **)**

**Council Directive 91/477/EEC of 18** **June,** **1991** **on control of the acquisition and possession of weapons**
**(OJL** **256, 13/09/91)**

**Council Directive** **91/675/EEC** **of 19 December 1991 setting up an Insurance Committee (OJ L** **374,**
**31/12/91)**

**Council Directive** **91/680/EEC** **of 16 December 1991 supplementing the common system of value added**
**tax and amending Directive** **77/388/EEC** **with a view to the abolition of fiscal frontiers (OJ L 376,**
**31/12/91)**

**Council Regulation (EEC) No** **3185/91** **of** **22** **October 1991 adopting measures** **for** **the import of fruit and**
**vegetables from certain countries affected by cholera (OJ L 303,** **01/11/91** **)**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

COMMUNITY PROVISIONS CITED 19

Council Regulation (EEC) No 3356/91 of 7 November 1991 amending Regulation (EEC) No 4060/89 on
the elimination of controls performed at the frontiers of Member States in the field of road and inland
waterway transport (OJ L 318, 20/11/91)

1992:

Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of
radioactive waste between Member States and into and out of the Community (OJ L 35,12/02/92)

Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to
excise duty and on the holding, movement and monitoring of such products (OJ L 76, 23/03/92)

Council Directive 92/30/EEC of 6 April 1992 on the supervision of credit institutions on a consolidated
basis (OJL 110, 28/04/92)

Council Directive 92/32/EEC of 30 April 1992 amending for the seventh 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 (OJ L 154, 05/06/92)

Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired
with liquid or gaseous fuels (OJ L 167, 22/06/92)

**Council Directive** **92/49/EEC** of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC
and 88/357/EEC (third non-life insurance Directive) (OJ L 228, 11/08/92)

Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of
public service contracts (OJ L 209, 24/07/92)

**Council** Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of
professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24/07/92)

Council Directive 92/53/EEC of 18 June 1992 amending Directive 70/156/EEC on the approximation of
the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 225,
10/08/92)

Council Directive 92/59/EEC of 29 June 1992 on general product safety (OJ L 228,11/08/92)

Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor
vehicles (OJ L 225, 10/08/92)

Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product
information of the consumption of energy and other resources by household appliances (OJ L 297,
13/10/92)

Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added
tax and amending Directive 77/388/EEC (approximation of VAT rates) (OJ L 316, 31/10/92)

Council Directive 92/78/EEC of 19 October 1992 amending Directives 72/464/EEC and 79/32/EEC on
taxes other than turnover taxes which are levied on the consumption of manufactured tobacco (OJ L 316,
31/10/92)

Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and
90/619/EEC (third life assurance Directive) (OJ L 360, 09/12/92)

Council Directive 92/108/EEC of 14 December 1992 amending Directive 92/12/EEC on the general
arrangements for products subject to excise duty and on the holding, movement and monitoring of such
products and amending Directive 92/81/EEC (OJ L 390, 31/12/92)

Council Directive 92/109/EEC of 14 December 1992 on the manufacture and the placing on the market
of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances
(OJL 370, 19/12/92)

Council Directive 92/111/EEC of 14 December 1992 amending Directive 77/388/EEC and introducing
simplification measures with regard to value added tax (OJ L 384, 30/12/92)

Council Directive 92/121/EEC of 21 December 1992 on the monitoring and control of large exposures of
credit institutions (OJ L 29, 05/02/93)

Council Directive 92/122/EEC of 21 December 1992 authorizing the Hellenic Republic to defer liberalization of certain capital movements pursuant to Article 6(2) of Directive 88/361/EEC (OJ L 409,
31/12/92)

Council Decision 92/326/EEC of 18 June 1992 establishing a two-year programme (1992 to 1993) for
the development of European statistics on services (OJ L 179, 01/07/92)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**20** **COMMUNITY PROVISIONS CITED**

**Council Decision** **92/421/EEC** **of 13 July 1992 on a Community action plan to assist tourism (OJ L** **231,**
**13/08/92)**

**Council Decision** **92/481/EEC** **of 22 September** **1992** **on the adoption of an action plan for the exchange**
**between Member State administrations of national officials who are engaged in the implementation of**
**Community legislation required to achieve the internal market (OJ L 286.** **01/10/92)**

**Council Decision** **92/510/EEC** **of 19 October 1992 authorizing Member States to continue to apply to**
**certain mineral oils when used for specific purposes, existing reduced rates of excise duty or exemptions**
**from excise duty, in accordance with the procedure provided for in Article 8(4) of Directive 92/81/EEC**
**(OJL316.** **31/10/92)**

**Council** **Resolution 92/1218/EEC** **of 7 December 1992 on making the single market work (OJ C 334,**
**18/12/92)**

**Council Regulation (EEC) No** **218/92** **of 27 January 1992 on administrative cooperation in the field of**
**indirect taxation (VAT) (OJ L** **24,** **01/02/92)**

**Council Regulation (EEC) No 684792 of 16 March 1992** **on** **common rules for the intemational carriage**
**of passengers by coach and bus (OJ L** **74.20/03/92)**

**Council Regulation (EEC) No** **881/92** **of 26 March 1992 on access to the market in the carriage of**
**goods by road within the Community to or from the territory of a Member State or passing across the**
**territory of one or more Member States (OJ L 95, 09/04/92)**

**Council Regulation (EEC) No** **900/92** **of** **31** **March 1992 amending Regulation (EEC) No** **3677/90** **laying**
**down measures to be taken to disoourage the diversion of certain substances to the illicit manufacture of**
**narcotic drugs and psychotropic substances (OJ L** **96,10/04/92)**

**Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and**
**designations of origin for agricultural products and foodstuffs (OJ L 208, 24/07/92)**

**Council Regulation (EEC) No** **2407/92** **of 23 July 1992 on licensing of air carriers (OJ L** **240.24/08/92)**

**Council Regulation (EEC) No** **2408/92** **of 23 July 1992 on access for Community air carriers to intra-**
**Community air** **routes** **(OJ L** **240,** **24/08/92)**

**Council Regulation (EEC) No** **2409/92** **of 23 July 1992 on tares and rates for air services (OJ** **L240,**
**24/08/92)**

**Council Regulation (EEC) No 2410/92 of 23 July 1992 amending Regulation (EEC) No** **3976787** **laying**
**down the procedure for the application of the rules on competition to undertakings in the air transport**
**sector (OJ L** **240, 24/08/92)**

**Council Regulation (EEC) No** **2454/92** **of 23 July 1992 laying down the conditions under which** **non-**
**resident carriers may operate national road passenger transport services within a Member State (OJ L**
**251,** **29/08/92)**

**Commission Regulation (EEC) No 2719/92 of** **11** **September 1992 on the accompanying administrative**
**document for the movement under duty-suspension arrangements of products subject to excise duty**
**(OJ L 276, 19/09/92)**

**Council Regulation (EEC) No 3577/92 of 7 December** **1992** **applying the principle of freedom to provide**
**services to maritime transport within Member States (maritime cabotage) (OJ L** **364,12/12/92)"**

**Commission Regulation (EEC) No** **3649/92** **of 17 December 1992 on a simplified accompanying**
**document for the** **intra-Community** **movement of products subject to excise duty which have been**
**released for consumption in the Member State of dispatch (OJ L** **369,18/12/92)**

**Commission Regulation (EEC) No** **3769/92** **of** **21** **December 1992 implementing and amending Council**
**Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain**
**substances to the illicit manufacture of narcotic drugs and psychotropic substances (OJ L 383,** **29/12/92)**

**Council Regulation (EEC) No** **3818/92** **of 28 December 1992 amending Regulation (EEC) No** **3210/89**
**laying down general rules for applying the supplementary trade mechanism to fresh fruit and vegetables**
**(OJ L 387,** **31/12/92)**

**Council Regulation (EEC) No 3904/92 of 17 December 1992 on measures to adapt the profession of**
**customs agent to the internal market (OJ L 394, 31/12/92)**

**Council Regulation (EEC) No** **3911/92** **of 9 December 1992 on the export of cultural goods (OJ L 395,**
**31/12/92)**

**Council Regulation (EEC) No** **3912/92** **of 17 December 1992 on controls carried out within the**
**Community in the field of road and inland waterway transport in respect of means of transport registered**
**or put into circulation in a third country (OJ L 395, 31/12/92)**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

**COMMUNITY PROVISIONS CITED** **21**

1993

Commission Directive 93/1/EEC of 21 January 1993 amending Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers
(Analysis methods for trace elements) (OJ L 113, 07/05/93)

Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by
the Member States in the scientific examination of questions relating to food (OJ L 52, 04/03/93)

Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from
the territory of a Member State (OJ L 74, 27/03/93)

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21/04/93)

Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses (OJ L 121,15/05/93)

Council Directive 93/35/EEC of 14 June 1993 amending for the sixth time Directive 76/768/EEC on the
approximation of the laws of the Member States relating to cosmetic products (OJ L 151, 23/06/93)

Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply
contracts (OJ L 199, 09/08/93)

Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award
of public works contracts (OJ L 199, 09/08/93)

Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities
operating in the water, energy, transport and telecommunications sectors (OJ L 199, 09/08/93)

Council Dirctive 93/39/EEC of 14 June 1993 amending Directives 65/65/EEC, 75/318/EEC and
75/319/EEC in respect of medicinal products (OJ L 214, 24/08/93)

Council Directive 93/40/EEC of 14 June 1993 amending Directives 81/851/EEC and 81/852/EEC on the
approximation of the laws of the Member States relating to veterinary medicinal products (OJ L 214,
24/08/93)

Council Directive 93/41/EEC of 14 June 1993 repealing Directive 87/22/EEC on the approximation of
national measures relating to the placing on the market of high-technology medicinal products, particularly those derived from biotechnology (OJ L 214, 24/08/93)

Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12/07/93)

Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (OJ L 175, 19/07/93)

Council Directive 93/44/EEC of 14 June 1993 amending Directive 89/392/EEC on the approximation of
the laws of the Member States relating to machinery (OJ L 175,19/07/93)

Commission Directive 93/45/EEC of 17 June 1993 concerning the manufacture of nectars without the
addition of sugars or honey (OJ L 159, 01/07/93)

Council Directive 93/68/EEC of 22 July 1993 amending Directives 87/404/EEC (simple pressure
vessels), 88/378/EEC (safety of toys), 89/106/EEC (construction products), 89/336/EEC (electromagnetic
compatibility), 89/392/EEC (machinery), 89/686/EEC (personal protective equipment), 90/384/EEC (nonautomatic weighing instruments), 90/385/EEC (active implantable medicinal devices), 90/396/EEC
(appliances burning gaseous fuels), 91/263/EEC (telecommunications terminal equipment), 92/42/EEC
(new hot-water boilers fired with liquid or gaseous fuels) and 73/23/EEC (electrical equipment designed
for use within certain voltage limits) (OJ L 220, 31/08/93)

Commission Decision 93/72/EEC of 23 December 1992 on the setting-up of an Advisory committee for
Coordination in the Internal Market Field (OJ L 26, 03/02/93)

Council Directive 93/77/EEC of 21 September 1993 relating to fruit juices and certain similar products
(OJ L 244, 30/09/93)

Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning
copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ
L 248, 06/10/93)

Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students (OJ L 317,
18/12/93)

Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the
official control of foodstuffs (OJ L 290, 24/11/93)

Commission Directive 93/102/EEC of 16 November 1993 amending Directive 79/112/EEC on the
approximation of the laws of the Member States relating to the labelling, presentation and advertising of
foodstuffs for sale to the ultimate consumer (OJ L 291, 25/11/93)

Council Directive 93/113/EC of 14 December 1993 concerning the use and marketing of enzymes,
micro-organisms and their preparations in animal nutrition (OJ L 334, 31/12/93)

THE COMMUNITY INTERNAL MARKET - 1993 REPORT

**22** **COMMUNITY PROVISIONS CITED**

**Council Decision** **93/580/EEC** **of 25 October 1993 conceming the institution of a Community system for**
**the exchange of information in respect of certain products which may jeopardize consumers'** **hearth** **or**
**safety** **(OJ** **L 278,11/11/93)**

**Council Decision** **93/588/EEC** **of 29 October 1993 on the adoption of a programme of Community**
**action on the subject of the vocational training of indirect taxation officials** **(Matthaeus-Tax)** **(OJ L 280,**
**13/11/93)**

**Council Regulation (EEC) No** **259/93** **of** **1** **February 1993 on the supervision and control of shipments of**
**waste** **within,** **into and out of** **the** **European Community (OJ L 30,** **06/02/93)**

**Council Regulation (EEC) No** **315/93** **of 8 February 1993 laying down Community procedures for**
**contaminants in food (OJ L** **37,13/02/93)**

**Council Regulation (EEC) No** **339/93** **of 8 February 1993 on checks for conformity with the rules on**
**product safety in the case of products imported from third countries (OJ L** **40,17/02/93)**

**Council Regulation (EEC) No** **404/93** **of 13 February 1993 on the common organization of the market in**
**bananas (OJ L** **47,** **25/02/93)**

**Commission Regulation (EEC) No** **752/93** **of 30 March 1993 laying down provisions for** **the** **implemen-**
**tation of Council Regulation (EEC) No** **3911/92** **on the export of cultural goods (OJ L 77. 31/03/93)**

**Council Regulation (EEC) No** **792/93** **of 30 March 1993 establishing a cohesion financial instrument**
**(OJ L 79. 01/04/93)**

**Council Regulation (EEC) No** **793/93** **of 23 March 1993 on the evaluation and control of the risks of**
**existing substances (OJ L 84.** **05/04/93)**

**Commission Regulation (EEC) No** **1068/93** **of 30 April 1993 on detailed rules for determining and**
**applying the agricultural conversion rates (OJ** **L108,01/05/93)**

**Council Regulation (Euratom) No 1493/93 of 8** **June** **1993 on shipments of radioactive substances**
**between Member States (OJ** **L148.19/06793)**

**Council Regulation (EEC) No** **2080/93** **of 20 July 1993 laying down provisions for implementing Regu-**
**lation (EEC) No** **2052/88** **as regards the** **financial** **instrument of** **fisheries** **guidance (OJ** **L193,** **31/07/93)**

**Council Regulation (EEC) No 2081/93 of 20 July 1993 amending Regulation (EEC) No 2052/88 on the**
**tasks of the Structural Funds and their effectiveness and on coordination of their activities between**
**themselves and with the operations of the European Investment Bank and the other existing financial**
**instruments (OJ L 193, 31/07/93)**

**Council Regulation (EEC) No** **2082/93** **of 20 July 1993 amending Regulation (EEC) No** **4253/88** **laying**
**down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities**
**of the different Structural Funds between themselves and with the operations of the European investment**
**Bank and the other existing financial instruments (OJ** **L193,** **31/07/93)**

**Council Regulation (EEC) No** **2083/93** **of 20 July 1993 amending Regulation (EEC) No 4254/88 laying**
**down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional**
**Development Fund (OJ** **L193.** **31/07/93)**

**Council Regulation (EEC) No** **2084/93** **of 20 July 1993 amending Regulation (EEC) No** **4255/88** **laying**
**down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund**
**(OJ L 193, 31/07/93)**

**Council Regulation (EEC) No** **2085/93** **of 20 July 1993 amending Regulation (EEC) No 4256/88 laying**
**down provisions for implementing Regulation (EEC) No** **2052/88** **as regards the European Agricultural**
**Guidance** **and** **Guarantee Fund (EAGGF) Guidance Section (OJ** **L193,** **31/07/93)**

**Council Regulation (EEC) No** **2309/93** **of 22 July 1993 laying down Community procedures for the**
**authorization and supervision of medicinal products for human and veterinary use and establishing a**
**European Agency for the Evaluation of Medicinal Products (OJ L 214, 24/08/93)**

**Council Regulation (EEC) No** **3118/93** **of 25 October 1993 laying down the conditions under which** **non-**
**resident carriers may operate national road haulage services within a Member State (OJ L** **279,12/11/93)**

**1994**

**Decision** **94/1/ECSC,** **EC of the Council and the Commission of 13 December 1993 on the conclusion of**
**the Agreement on the European Economic Area between the European Communities, their Member**
**States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of**
**Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation (OJ L 1,**
**03/04/94)**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

**COMMUNITY PROVISIONS CITED** **23**

**Decision 94/2/ECSC, EC of the Council and the Commission of 13 December 1993 on the conclusion of**
**the Protocol adjusting the Agreement on the European Economic Area between the Euro-**
**pean Communities, their Member States and the Republic of Austria, the Republic of Finland, the**
**Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of**
**Sweden (OJ L** **1,** **03/04/94)**

**Council Regulation (EC) No** **40/94** **of 20 December 1992 on the Community trade mark (OJ L** **11,**
**14/01/94)**

**THE COMMUNITY INTERNAL MARKET** **-1993** **REPORT**

ISSN 0254-1475

**CO M** **(94) 55 final**

### **DOCUMENTS**

E N 10

Catalogue number : CB-CO-94-063-EN-C

ISBN 92-77-65723-5

Office for Official Publications of the European Communities

L-2985 Luxembourg