Source: EURLEX
Language: en
Format: md

**à** _**te**_

_**•à**_ _**-it**_

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.06 1995

COM(95) 238 final

REPORT FROM THE COMMISSION TO THE COUNCIL

AND THE EUROPEAN PARLIAMENT

###### **THE SINGLE MARKET IN 1994**

**A**

NOTE

References in the body of the report to Council or Commission legislation and to Treaty articles
are followed by an asterisk* without a footnote. Full titles and references of legislation and the
text of Treaty articles are given in Annex 2 to the report.

Annexes to the 1993 Report have been replaced by an independent publication _"State of_
_Community law conceming the Internal_ _Man\et\_ which is updated twice yeariy and which is
available from DG XV.

Byl

**Outline of contents**

Introduction 1

Part One - General Review 3

Part Two - Detailed Review 23

Part Three - Future Priorities 99

Annexes 101

**ft** _**V**_

**Contents**

INTRODUCTION 1

PART ONE - GENERAL REVIEW 3

**Section 1 -Overall assessment of the operation of the single market** **3**

**Section 2 -** **Progress** **in implementing the Strategic** **Programme** **5**

**§ 1 -** **Completion of the basic legal framework** 6

_A._ _Free movement of people and Union citizenship_ _6_

_B. Taxation_ _7_

_C. Other areas_ _7_

**§ 2 - Managing the Single Market** **8**

_A._ _Implementation of Community law: transposition_ _9_

_B._ _Enforcement_ _of Community law_ _10_

a) A framework for administrative cooperation 10
b) Support for administrative cooperation 14
c) Penalties for infringements of Community law 15

C. _Access to justice and judicial cooperation_ _15_
a) Training and information provided for the legal professions in the 16
field of Community law
b) Access to justice for consumers 16
c) Free movement of judgments 16

_D. Evaluation of the effectiveness of the legislation_ _17_

a) Objectives and scope of the report 17

b) Launching of background research 18

_E. Statistics_ _19_

a) Assessment of the impact of the single market 19

b) Intrastat 19

**§** 3 - **Developing the Single Market** **19**

_A._ _Introduction_ _19_

_B. Regulatory policy_ _20_
_C._ _Deregulation/simplification of_ _legislation_ _20_
_D. Legislative and declaratory consolidation_ _20_

_E. Communication and information policy_ _29_

§ 4 - External aspects 21

THE SINGLE MARKET IN 1994

CONTENTS

PART TWO - DETAILED REVIEW 23

Introduction 23

**Section 1**  - **Free movement of** **persons** **23**

**§ 1 - Abolition of controls at internal frontiers** **23**

**§ 2 - Free movement of persons in the Community** **24**
_A._ _Right of residence_ _24_
_B. Recognition of qualifications_ _24_

**Section 2**  - **Free movement of** **goods** **26**

**§** **1-Instruments** **provided for** **by** **Community** **law for** **ensuring** free **26**
**movement of goods**

_V Articles 30 to 36_ _of_ _the EC Treaty_ _26_

_A._ _Introduction_ _26_

_B. The main fields in which the Commission acted to eliminate_ _27_

_obstacles to trade in 1994_

a) Foodstuffs 27
b) Pharmaceutical and medical products 28
c) Road vehicles 29
d) Other fields and sectors 29

           - construction 28

         - Chemicals 29

          - Energy 30

C. _The main judgments of the Court of Justice_ _30_
a) Name under which a cosmetic product is sold 30
b) Approval procedure laid down for the marketing of radiocom- 30
munication transmitters/receivers

c) Ban on carrying out certain commercial activities on Sundays 31
d) Systematic frontier checks on exports of skimmed-milk powder 31
e) Free movement of articles made of precious metal - compulsdty 31
hallmarking

2 [C] _Technical_ _harmonization and standardization_ _31_

_A._ _Adoption and implementation of_ _legislation_ _in the various sectors_ _31_

a) Agricultural products 32

           - Veterinary legislation 32
. Plant health 33

          - Complaints 36
b) Foodstuffs 36
c) Mechanical and electrical engineering, pressure vessels, 38
medical equipment and measuring instruments
d) Construction products 39
e) Motor vehicles 39

0 Pharmaceuticals 40

g) Narcotic drugs and psychotropic substances 40
h) Chemical products 41
i) Explosives 42
j) Toys 43
k) Footwear 43
I) Cosmetics 44
m) Cableway installations 44
n) Recreational craft 44

THE SINGLE MARKET IN 1994

CONTENTS

_B. Standardization policy_

_C._ _Quality,_ _certification, and conformity marking policy_

_3' Prevention and control instruments_

_A._ _Prevention_ _**of new**_ _**obstacles**_ _- Procedure_ _**83/189/EEC***_

_.)_ Information procedure in the field of technical standards and
rules

B. _Control procedures_

a) General product safety
b) Enforcement of the mutual recognition principle

_45_

_46_

_47_

_47_

47

_48_

48

49

**49**

**50**

50

51

_51_

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52

53

54

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_55_

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55

56

56

57

57

58

58

60
```

_**sf**_

_61_

_62_

_64_

_64_

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64

66

```

_67_

_67_

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69

```

_70_

_70_

_70_

_70_

_71_

_71_

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72

72

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_72_

_73_

**§** **[2]** **;**

**Section**

**§ 1 -**

**§ 2 -**

Section

Section

§ 1 

§ 2 

§ 3 

§ 4 

§ 5 

**§6**

Special free **movement arrangements applicable to the new**
**member countries in the** **agricultural** **sphere**

**3 - Freedom to provide services and right of establishment**

Introduction

Regulated areas

_A._ _Financial services_

a) Credit institutions
b) Insurance services and pension funds
c) Stock exchanges and securities
6. _Transport_

a) Airtransport
b) Road transport
c) River transport
d) Railways

4 - Free movement of capital

5 - The business environment

Competition policy

Cross-border payments

Intellectual and industrial property

_A._ _Intellectual property_
_B._ _Industrial_ _property_
_C. Measures against counterfeiting_

_D. Case-law of the Court of Justice_

Company law and financial information

Taxation

_A._ _Indirect taxation_

_B. Direct taxation_

Small and medium-sized enterprises

_**A.**_ _Information_

_B. Cooperation_

C. _Support measures_

_D. Commerce_

_E. Access to finance_

_F. Transfer of businesses_

§ 7 - Commercial communication

§ 8 - Media

_A._ _Media ownership_

_B. Legal protection for coded radio signals_

THE SINGLE MARKET IN 1994

CONTENTS

C. _Audiovisual policy_ _73_

**§ 9 - Protection of personal data** **74**

**Section 6 - Public procurement** **75**

**§ 1 - Development and application of the new legislative framework** **75**
_A._ _Application of the Community rules_ _75_
**a) Action by the Commission** **76**
**b) Decisions by the Court of Justice** **77**

**§ 2- Community financing** **78**

**§ 3 - Advisory Committees** **79**

**§ 4 - Information systems for public procurement** **(SIMAP)** **80**

**§ 5 - Other activities** **81**

**Section** **7 - Building the internal market** **in** **the regulated** **sectors** **82**

**§ 1 - Energy** **82**
_A._ _Legislative developments_ _82_
**a) Exploration and production of hydrocarbons** **82**
**b) Gas and electricity markets** **82**
_B. Implementation and enforcement of the legislation_ _83_
**a) State aid** **83**
**b) Free movement of goods** **83**
**c) Competition rules** **83**
**d) Standardization** **84**
**e) Specific energy legisaltion** **84**
**0 Transport of and traffic in nuclear products** **84**

**§ 2 - Telecommunications** **85**

**Section 8** **-Trans-European** **Networks** **87**

**§ 1 - Introduction** **87**

**§ 2 - Telecommunications and the information society** **87**

**§ 3 - Transport and energy** **88**

**§ 4 - Financing** **89**

**Section 9 -** **The** **Internal Market and other** **Community policies** **89**

**§ 1 - Social dimension of the internal market** **89**

**§ 2 - Consumer policy** **90**

**§ 3 - Education and training** **91**

**§ 4 - Research** **92**

**Section 10 - External aspects** **92**

**§ 1 - Implementation of the European Economic Area** **92**

**§ 2 - Common** **Commercial** **Policy** **93**

_A._ _Import Regime_ _93_

_B. Commercial Defence instruments_ _93_

_C. Mutual Recognition Agreements_ _93_
_D. Export Regime_ _94_
_E. Export Credit Insurance_ _94_
_F. Transport_ _94_
_G. Development of the Community legal framework for public_ _94_
_procurement following the conclusion of the_ _G_ _A TT agreement_

THE SINGLE MARKET IN 1994

CONTENTS

_H. Development of_ _the_ _Community legal framework for_ _financial_ _95_
_services following the conclusion of_ _the_ _GATT agreement_
_**I.**_ _**External**_ _aspects of intellectual property_ _95_

**§ 3 - Customs Union** **96**

_**A.**_ _**Administrative cooperation between customs authorities in**_ _general_ _**96**_
_**B.**_ _**Mutual assistance**_ _**on**_ _**customs**_ _**and**_ _**agriculture**_ _**98**_
_**C.**_ _**Customs penalties**_ _**98**_

**PART THREE - FUTURE PRIORITIES** **99**

**ANNEXES** **101**

**1** **-** **Abbreviations** **and acronyms** **• • - ' ' - .**

**2** **-** **Community provisions cited**

**A. EC Treaty**

**B. Official Journal - references**

**3 - Judgements of the Court of Justice cited**

**4 - Recent reports, studies and surveys on the single market**

**5 - Organizations which provided contributions**

THE SINGLE MARKET IN 1994

**^1**

**Introduction**

For our citizens and European business the completion of the single market and the steady
improvement of its operating effectiveness are crucial to the competitiveness and political
credibility of the Union. The single market remains at the heart of our efforts to safeguard the
competitiveness of our industry, to create jobs and to stimulate economic growth. Its creation
and consolidation is a continual and dynamic process which constitutes a cornerstone of the
achievement of the convergent economic environment essential to the creation of EMU.

**The key** message from the Commission in this, its second Annua! Report on the Community
Single Market, is that, taken as a whole, **the** single market is working, but there are still
problems in several areas. It is therefore necessary to improve and reinforce the legal and
administrative framework both at Community and at national level in the interests of citizens
and business. The removal of border controls on the movement of goods is being reflected in
greater efficiency and lower costs for European business, capital is moving freely between
Member States, service providers are operating in new markets and more firms are competing
for public contracts. Individuals, too, are availing themselves of the opportunities offered by the
single market for working in other Member States. Where barriers persist, administrative
machinery is being developed to resolve problems quickly without the need for infringement
proceedings.

The central importance of the single market has been reflected in repeated political endorsements from successive European Councils. However, such expressions of political
commitment now need to be matched by action. During 1994, little progress was made in
adopting the few (but important) legislative measures needed; in particular, no progress was
made on the elimination of border controls on people, in some areas, adopted measures are
not being implemented in national legislation in accordance with the agreed timetables; a
further crucial issue is how the measures which have already been transposed are actually
applied. Business and consumer interests have confirmed that, for a number of key sectors,
delays in implementation and the inadequate enforcement of Community law remain the greatest threat to the single market.

Consolidation of the internal market requires the Commission and the Member States to ensure
strict observance of the existing rules. This should involve stricter monitoring of Community
regulations to ensure that national implementing legislation is fully effective and that citizens
have the necessary means of action to assert their rights. The completion of the internal market
can be pursued, on the one hand, by ensuring that the principle of mutual recognition is applied
as broadly as possible, and, on the other hand, by adopting measures, in keeping with the
principle of proportionality, designed to eliminate any obstacles that prevent citizens from fully
benefiting from the new economic and legal environment.

The single market is one of the most important achievements of the Community, which has led
individuals and businesses to expect tangible benefits from Community action. The necessary
political effort of the past needs to be renewed to reap the economic and political rewards.
Faster and more substantial progress in making the single market work is needed to match
expectations.

THE SINGLE MARKET IN 1994

CONTENTS

The Commission continues to work to ensure that the rules of the game are not only in
place but also applied in practice. It is pressing on with the Strategic Programme _"Making_
_the Most of the Internal_ _Market'_ (1), which it adopted in December 1993 and which was
endorsed by the Council. In particular, the Commission has been vigorously pursuing legal
proceedings against any Member State which has fallen behind in implementing single market
legislation. A lot of progress has been made in identifying and tackling outstanding trade barriers by the development of contact-point networks between the Member State administrations
and the Commission for the rapid solution of practical problems as they arise.

The European Council decided at its Brussels meeting in 1993 that the Annual Report on the
Internal Market should be considered as part of the follow up to the action plan for employment.
A summary report was therefore forwarded to the European Council for its Essen meeting in
December 1994. In its conclusions the presidency of the European Council stressed the importance of the internal market arid the need for uniform and effective application of the rules.

The Commission intends this Annual Report to be an increasingly useful tool for individuals and
businesses. It is intended not only to keep them informed of legislative and other developments
designed to enhance the operation of the single market, but to provide a basis for discussion
and debate on its practical advantages and remaining problems. This was a particular concern
of the European Parliament arid of the Economic and Social Committee in their reactions to the
1993 report. The Commission has included more concrete information on outstanding problems, although it has not been possible to respond in full to these requests. Representative
organizations have also been encouraged to contribute their views on the operation of the
single market in the course of the preparation of this report, and contributions from interested
parties will continue to be welcome for future reports. The Commission intends to incorporate
more economic analysis of the single market in future reports, as the instruments which will
facilitate such analysis are developed and data from the major study to be published in 1996
become available (see paras 39 to 42).

The analysis of the state of the single market in this report shows that much still remains to be
done to make a really open area in which persons, goods, services and capital move freely and
effectively. Existing Community rules must be enforced, the application of the principle of
mutual recognition of national legislation must be strengthened, the adoption of the relatively
limited number of legislative measures still required must be speeded up.

Among the key issues where progress will have to be made over the next few years, as
mentioned in the Commission's annual programme for 1995, are the following:

     - completing the single market for citizens, so that they will see the advantages of
European integration in their daily lives;

     - achieving full freedom of movement of people, through the elimination of border
controls within the Union;

     - further harmonising tax legislation;

     - promoting a more effective single market for business, in particular in the field of
company law and intellectual property rights;

     - ensuring equivalent enforcement of Community law, including access to justice and
effective penalties in the case of infringements;

     - preparing the appropriate basic regulatory framework for services relating to the
infonnation society;

     - liberalizing public utilities;

     - assisting the Central and Eastern European countries to adapt to single market
requirements, giving priority to the preparation of the White Paper on the subject.

(1) COM(93) 632 final or 22 December 1993.

HIE SINGLE MARKET IN 1994

**3**

**PART ONE**

**General Review**

**Section** **1** **- Overall assessment of the operation of the single**
**market**

**1.** **The Commission has drawn on** various sources **for** this secc;;d assessment **of the**
**operation of the single market.**

It increased its own information-gathering activity during 1994. It commissioned enquiries
among small and medium-sized enterprises in cooperation with a number of Euro Info Centres
in February and November, and a public opinion survey in each Member State in October.
During the second half of the year it organized "Internal Market Weeks" in every Member State,
in which teams of Commission officials presented policy to audiences in various locations and
invited comments, complaints and questions; in most countries widely-advertised telephone
hot-lines or radio programmes also provided an opportunity for comment from a wider public.
Public hearings were also organized on such subjects as the future development of the value
added tax system or intellectual and industrial property protection.The Commission aiso
received a substantial number of formal complaints from national authorities and individual
businesses or citizens.

Other institutions and organizations have also helped to shape the Commission's assessment
of how the single market is working. The Economic and Social Committee, for example, organized its own hearing on the operation of the internal market in June 1994, for which over forty
organizations prepared written submissions. Some fifty organizations responded to the
Commission's invitation to contribute their own assessments in time for the drafting of this
report. In addition some national administrations have commissioned studies on particular
subjects relating to the single market, such as the Danish Ministry of Industry survey on technical barriers to trade and the report of the Spanish Ministry of Commerce and Tourism on problems experienced by Spanish business, or have submitted reports from the departments which
have particular responsibility for dealing with complaints conceming the operation of the internal market. The Advisory Committee for coordination on internal market affairs has also
provided a forum for regular assessment of the operation of the market.

Although these information flows are incomplete they provide a useful basis for a provisional
evaluation of the state of the single market. A more complete view will be obtained from the
studies which the Commission is currently launching as part of its preparation of a report on the
effectiveness and impact of single market legislation to be sent to the Council in 1996, in
accordance with Council resolution 92/1218/EEC* of 7 December 1992 on making the internal
market work.

2. There is now clear evidence that **many benefits of the 1992 legislative programme**
**are already being widely felt** as the practical effects of legislative measures feed through to
the marketplace, although surveys tend to focus on remaining problems rather than on benefits
already being enjoyed.

THE SINGLE MARKET IN 1994

PART ONE - GENERAL REVIEW

For example:

     - the elimination of border controls for goods has considerably improved the efficiency
of transport services and reduced costs and delivery times for the distribution of
goods within the Community. The Euro Info Centre surveys of small and
medium-sized companies (2) and the report of the Committee of Enquiry on road
freight transport (3), for example, offer plentiful evidence of significant savings in
international journey times and greater flexibility in distribution as a result of these
measures. This view receives wide support from business sources;

     - as regards the opening-up of public procurement, many companies are winning new
contracts following the entry into force of the Community legislation but delays in
transposition and inadequate enforcement of the legislation by the Member States are
still causing major difficulties in some cases;

   - the removal of tax barriers: most companies trading across frontiers find the current
system for value added tax has brought them considerable savings in terms of reduction of transport costs, abolition of the pre-payment of VAT on intra-Community
imports and elimination of charges related to the accomplishment of customs formalities. Smaller firms in particular, however, have found that the system imposed extra
accounting costs when it was introduced, and other implementation problems have
also arisen (see paras.226 to 230);

   - the operation of mutual recognition in the field of the professions: the number of official complaints to the authorities is low, although experience of direct contacts with
the interests concerned reveals that some individual problems can be difficult to
resolve.

3. In other areas there is a consensus that much more has to be done before the single
market can be said to be a reality.

First, there are the serious problems that stem from the Member States' _failure to implement_
_existing Community law on time or to implement it correctly,_ or from _difficulties in obtaining_
_redress quickly_ when a problem is encountered. Among the subjects which have aroused
greatest concern in the past year are:

   - the uncertainty in law which results from any significant delays in national transposition of Community rules and from differences of interpretation of those rules at
national level. In some cases, over-bureaucratic implementation of Community rules
at national level can appear to maintain the barriers that Community legislation was
intended to remove. Significant differences in the severity of application of the law
and of sanctions are also widely perceived to be a problem. Among the areas where
there are significant delays in transposition are public procurement, intellectual property and new technologies and services. The fact that the General Product Safety
Directive also falls into this category shows that individual citizens, as well as businesses, are potentially affected;

   - the apparent persistence of technical barriers to trade, in particular those which result
from the lack of implementation of the principle of mutual recognition of legislation by
national authorities in areas which have not been the subject of harmonized legislation. Many traders and manufacturers are concerned that mutual recognition, a
central principle of the internal market much publicized before 1992, is proving to be
difficult to apply in practice. Problems have been noted in particular with regard to
road vehicles, foodstuffs and pharmaceuticals. Further, the adoption of excessive or
unnecessary legislation by Member States serves to aggravate this problem. Delay in
the preparation of _European standards_ to make existing Community rules work effectively has also been cited as a problem for business in the single market;

(2) 1994. Copies available from European Commission, Directorate-General for the Internal Market and Financial
Services, rue de la Loi 200. B-1049 Brussels.

(3) July 1994. Copies available from European Commission. Directorate-General for Transport, rue de la Loi, 200,
B-1049 Brussels.

THE SINGLE MARKET IN 1994

**PART ONE - GENERAL REVIEW**

   - the difficulty in resolving problems which have been brought to the attention of
national authorities or the Commission. The informal means of redress, through relevant national authorities, are not sufficiently well known in many cases; only a few
Member States have instituted a central point for enquiries and complaints on single
market issues. Formal procedures for redress are apparently not often used by potential complainants because they are seen as cumbersome and ineffective.

A second category of problems derives from _gaps in Community law_ which inhibit the development of a truly single market. These include:

   - the failure to complete the single market by adopting the measures necessary to
remove border controls on people;

     - the absence of tax harmonization in some fields, particularly in the tax treatment of
. businesses operating in more.than one. Member State;.. . . . . . . .

     - delays in adapting company law to single market requirements;

     - insufficient liberalization of certain sectors, particularly energy and telecommunications, which are perceived as serious distortions of competition and a barrier to European and international competitiveness. The European Council at Corfu emphasized
the importance of these two sectors, but while progress has been made in setting a
timetable for liberalization in the area of telecommunications, progress in the Council
on gas and electricity liberalization has been minimal;

     - consumers believe that further action is called for if they are to reap the full benefits
of the single market. These include the question of access to justice and guarantees
and after-sales service;

     - business surveys also continue to show that the absence of European monetary union
is perceived as a significant limitation on the benefits of a single market, particularly
for smaller businesses;

     - difficulties of gaining access to the market, particularly for SMEs.

4. Thus while a few areas of the internal market programme can already be said to have
yielded their fruit and others have made important progress, in most a considerable amount
of work remains to be done before the impact of already-agreed rules is widely
perceived in the market. We do not yet have a European market within which business can
operate in the same conditions as within a national market, as UNICE has rightly commented.
This must remain our goal. Hence the Commission's insistence on the need to follow a clear
and widely publicized programme of work to ensure that implementation of the internal market
becomes a reality. The 1993 Strategic Programme (4) forms a basis for action: additional
elements may be needed to meet the challenge.

**Section 2 - Progress in implementing the Strategic Programme**

5. The Strategic Programme presented by the Commission in December 1993 identified
four main priorities for action to ensure the success of the internal market, namely:

     - completion of the basic legal framework

     - managing the single market

   - developing the single market and

     - a dynamic and open external policy.

Detailed targets, with an indicative timetable, were proposed under each of these headings.

**(4)** **COM(93)** **632 final of 22 December** **1993** .

THE SINGLE MARKET IN 1994

PART ONE GENERAL REVIEW

**§** **1** **-Completion of the basic legal framework**

6. Overall, progress during **1994 has been disappointing,** despite the Commission's call
in the Strategic Programme for the Council to make a particular effort to complete the outstanding proposals from the 1985 White Paper (s). In fact, only two of the remaining proposals
were adopted, namely the **Seventh VAT Directive** on secondhand goods, antiques and works
of art (94/5/EC*) and Regulation (EC) No 2100/94* on **plant variety rights.** Eleven proposals
from the original White Paper remain on the Council table.

Little or no progress was made in key areas such as free movement of people, company law
and company taxation.

The main features of 1994 are summarized below.

**A.** **Free** movement **of people and Union citizenship**

7. The failure to remove border controls on persons means that a major component of
the single market (as defined in Article 3* of the EC Treaty) is missing. The Commission
followed up its two 1993 proposals -on controls at the external frontier and the list of countries
whose citizens require a visa (6)- with a proposal in July 1994 for a uniform model of visa (7).
These proposals form part of a coherent approach, outlined in the 1993 Annual Report on the
Internal Market (8), designed to bring about freedom of movement for people, as required
under Article 7a* of the Treaty. AH remain under discussion in the Council, although Parliament
has given a favourable opinion, subject to some amendments.

In 1993 the European Parliament brought an action before the Court of Justice under Article
175* of the EC Treaty against the Commission for alleged failure to act to eliminate controls on
persons at internal frontiers. The Court will probably deliver its judgment in the course of 1995.

Progress has nevertheless been achieved within the context of the Schengen Agreement; the
Executive Committee of the Schengen group decided on 22 December 1994 to apply the
Schengen Convention irreversibly as from 26 March 1995 for seven of the nine signatory countries which meet all the preconditions.

8. In the report on citizenship of the Union which it published in December 1993 (9), the
Commission stressed the role played in European integration by Article 8b* of the EC Treaty,
which confers on citizens of the Union the right to vote and to stand as candidates in municipal
and European elections in the Member State where they live.

An initial Directive (93/109/EËC*), on the right to vote and stand as a candidate in elections to
the European Parliament for citizens of the Union residing in a Member State of which they are
not nationals, has been implemented and enabled Community nationals living in another
Member State to take part in elections to the European Parliament for the first time in
June 1994.

Participation by non-nationals in their Member State of residence varied between 2% and 24%
of the non-national electorate. A single non-national candidate was elected in her Member
State of residence. There appear to be a number of reasons for the low turnout by non-national
voters in comparison with national voters: these include the fact that the right to vote was a
fairly recent innovation, that insufficient information was provided on the topic and that many
voters preferred to vote for candidates in their Member State of origin rather than for candi

(5) COM(85) 310 final of 14 June 1985

(6) COM(93) 684 final of 10 December 1993 (OJ C **11**, **15.1.1994).**

(7) COM(94) 287 final of 13 July **1994** (OJ C 238, **26.8.1994).**

(8) **COM(94)** 55 final of 14 March 1994.

(9) COM(93) 702 final of 21 December 1993

THE SINGLE MARKET IN 1994

PART ONE                           - GENERAL REVIEW

dates in their Member State of residence. In the course of 1995 the Commission will present a
report on application of the Directive during the 1994 elections.

A second Directive, laying down detailed arrangements for the exercise of the right to vote and
to stand as a candidate in municipal elections by citizens of the Union residing in a Member
State of which they are not nationals, was proposed in February 1994 and adopted by the
Council on 19 December 1994 (Directive 94/80/EC*).

**B.** **Taxation**

9. Business operations in the single market continue to be inhibited by the lack of progress
on key issues in the field of company taxation. The Council has failed after four years to reach
an agreement on the proposal designed to avoid double taxation of interest and royalty
payments between parent companies and subsidiaries (10), and the Commission has therefore
withdrawn the proposal.

As mentioned above, the Seventh VAT Directive on secondhand goods, antiques and works of
art (94/5/EC*) (which was one of the original White Paper measures) was adopted in February
1994.

**C.** **Other areas**

10. Regulation (EC) No 2100/94* on plant variety rights provides for a new intellectual
property right with effect throughout the Union, to be administered by a future Community Plant
Variety Office. However, the last remaining White Paper proposal in the intellectual property
field, on the legal protection of biotechnological inventions (n), has been rejected by the
European Parliament.

There has been no real progress in the field of company law, where the proposal for a European Company Statute (12) is still blocked. However, the adoption of Directive 94/45/EC* of 22
September 1994, which provides for the establishment of European Works Councils or procedures in Community-scale undertakings and groups of undertakings, represents a positive
contribution in this area.

The proposal for a Directive on freedom of management and investment for pension funds
was withdrawn in December 1994. The Commission decided instead to publish a communication setting out its interpretation of the applicability to institutions for retirement provision of the
EC Treaty rules on freedom to provide services and free movement of capital. The Commission will now undertake a comprehensive review of the proposal taking account of the discussions held in the Council of Ministers and the Treaty rules.

11. As regards other legislative proposals (not in the 1985 White Paper), a number of
proposals in the area of technical harmonization, in particular with regard to food additives,
dangerous substances and preparations, the maximum speed of two- and three-wheel motor
vehicles, footwear labelling and recreational craft, were adopted. The extension of the scope of
Directive 83/189/EEC* on notification procedures for draft national technical standards
and regulations represents an important contribution to preventing the emergence of new
technical barriers to trade.

**(10)** **COM(90) 571** **final** **of 28 November** **1990 (OJ** **C** **53,28.2.1991** **),** **as amended by** **COM(93) 196** **final** **of** **10** **June** **1** 993
**(OJC** **178, 30.6.1993).**

**(11)** **COM(88)** **496 final of 28 September 1988 (OJ C** **10,13.1.1989),** **as amended by** **COM(92)** **589** **final** **of 16** December
1992 (OJ C **44.** 16.2.1993) **and** COM(94) 245 final **of** 9 **June** **1994.**

(12) **COM(89)** 268 **final** **of 24** August 1989 (OJ C 263.16.10.1989). as amended by COM(91) **174** final of 6 May 1991
(OJ C 138. 29.5.1991 and C 176. 8.7.1991).

THE SINGLE MARKET IN 1994

PART ONE - GENERAL REVIEW

12. Significant progress was made in the area of financial services with the adoption of
Directive 94/19/EC* on **deposit guarantee** schemes and of Directive 94/18/EC* modifying
Directive 80/390/EEC* on admission prospectuses for **stock-exchange** listings. A common
position was reached on a Directive on the **prudential supervision of financial institu-**
**tions** (13) and an amended proposal for **a** Directive on **investor** **compensation** **schemes** (14)
was presented following the opinions of the Parliament and the Economic and Social Committee. An important milestone was reached with the entry into force **on** 1 July 1994 of the **Third**
**Directives on life and** **non-life** **insurance** (Directives 92/96/EEC* and 92/49/EEC*), thereby
completing the legislative framework for **a** single market in insurance.

The adoption in February 1995 of a common position on the Directive on the **protection of**
**personal data** (15) is an important step towards the removal of obstacles to the exchange of
data given the increase in the flows of personal data in the private and public sector as a
consequence of the operation of the single market.

13. With regard to accompanying measures for the **elimination of** frontier controls important instruments were adopted. Council Regulation (EC) No 3295/94* of 22 December 1994
lays down measures to prohibit the release for free circulation, export or transit of counterfeit
and pirated goods in the single market. This Regulation replaces Council Regulation (EEC)
No 3842/86* laying down measures to prohibit the release for free circulation of counterfeit
goods. An integrated system of controls on the export of dual use goods, to be introduced with
effect from July 1995, was established by the adoption of Council Regulation (EC) No 3381/94*
of 19 December 1994 and Council Decision 94/942/CFSP*. Council Decision 94/445/EC* of 11
July 1994 on the data communications network between administrations (Comedi system)
takes account of the need to collect statistical data after the elimination of physical frontiers.

14. Energy and telecommunications are perhaps the areas in which the Union is furthest
from achieving a single market. Progress in the energy sector has been particularly slow. With
regard to telecommunications, the Council resolution of 17 November 1994 on the liberalization
of infrastructure on 1 January 1998 means that there is now agreement on the principle of
liberalization of the whole sector. This provides a clear signal to industry, as well as to the
Commission, which must now address the regulatory issues in order to achieve effective
competition. In December 1994 the Council adopted common positions concerning a Decision
on a series of guidelines for the development of ISDN as a trans-European network (16) and a
Directive on the use of standards for the transmission of television signals (17).

15. The Commission's proposal for a Directive on access to the market in the field of ground
handling facilities at airports (18), presented in December 1994, represents a step towards
greater liberalization of the air **transport** sector.

**§ 2 - Managing the** **Single** **Market**

16. Now that the major legislative programme under the 1985 White Paper has been
substantially completed, the Strategic Programme underlines the importance of ensuring the

(13) COM(93) 363 final of 28 July 1993 (OJ C 229. 25.8.1993) as amended by COM(94) 170 final of 2 May 1994 and
COM(94) 549 of 29 November 1994.

(14) COM(93) 381 finalof 22 September 1993 (OJ C 321, 27.11.1993) as amended by COM(94) 585 final of 13 December 1994 (OJ C 382. 31.12.1994).

(15) COM(9Q) 314 final of 18 July 1990 (OJ C 277. 5.11.1990) as amended by COM(92) 422 final of 15 October 1992
(OJC 311. 27.11.1992).

(16) COM(93) 347 final of 1 September 1993 (OJ C 259.23.9.1993) as amended by COM(94) 483 final of 17 November
1994 (OJ C 353, 13.12.1994).

(17) COM(93) 556 final of 15 November 1993 (OJ C 341.18.12.1993) as amended by COM(94) 455 final of 25 October
1994 (OJC 321,18.11.1994)

(18) COM(94) 590 final of 13 December 1994.

THE SINGLE MARKET IN 1994

PART ONE - GENERAL REVIEW

practical operation **of** the **internal** market This emphasis continues to receive strong support
from business and consumer Interests. "Management of the internal market" covers such key
issues as:

     - implementation of Community legislation (transposition of directives into national
law); i

     - application **and enforcement**     - principally the responsibility of the Member States, with
the Commission in a monitoring role. The key issues for effective enforcement are
administrative **cooperation** between the responsible authorities in each Member State
and provision **for** **penalties** for infringements;

     - ensuring **effective** **means** of redress for citizens and companies, by easier access to
justice and **judicial** **cooperation;**

    - . evaluating the **legislation** in terms of whether it is actually working as intended.

**A.** **Implementation of Community law: transposition**

17. For the Internal Market Council in December 1994 the Commission prepared a report
that gives an indication of **the state of play in national transposition of the White Paper**
**measures** and other legislation that is critical for the functioning of the internal market (19). This
report was the first of a series intended to ensure that Member State transposition becomes
fully effective as soon as **ppssible.**

Taken as a whole, the **Member** States had by the end of November 1994 adopted 89.9% of the
national measures required in order to implement internal market legislation. The performance
of the Member States **ranges** **from** substantially higher than average (Denmark: 96.3%; France,
the Netherlands and **Luxemtjoufç:** 93,6%) to significantly below it (Germany: 85.4%; Greece:
80.4%). Table I summarizes **thte** situation.

18. Most infringements **are** the result of failure to incorporate Community directives into
national law in time. **Procedural** problems related to the national decision-making process or
the technical complexity of **the** texts are often the reason for the delays. The Commission
carries out a systematic examination of the state of national implementation of each directive
once it has entered into force. In addition it assesses the national legislation notified to it, within"
the limits of its resources, **and** vigorously pursues infringements through both consultation with
the Member States concerned and. when necessary, formal infringement proceedings.

19. The level of national transposition varies considerably from sector to sector (see
Table II). In some sectors the process of transposition has been completed. In others, however,
the delays in transposition in a number of Member States are giving cause for concern:

     - In the area of public procurement (51% of national measures correctly adopted),
where there are **nine** Directives already in force, there are still 26 cases where there
has been no communication of national transposition measures although the deadline
passed several **months** ago. This is in particular the case for the Service Contracts
Directive (92/50/EEC*). the Supplies Directive (93/36/EEC*) and the Utilities Directive
(93/38/EEC*) **(20). There** are numerous infringement procedures for incorrect transposition and noncommunication of the national transposition measures (altogether 21
cases). In very **few** cases is transposition fully in conformity with the requirements of

(19) It should be noted that **tht** **basis** for statistical calculation of the implementation of White Paper measures was
modified by the report. **Changes** hiwe occurred in the course of the years to the original 282 White Paper measures;
some became obsolete and **were** abandoned or replaced. Furthermore, each measure proposed did not necessarily
lead to the adoption of one **legislative** text. If this was true in the majority of cases, in others several legislative texts
were required to implement a single White Paper proposal, or. conversely, one legislative text allowed the adoption of
several White Paper measures at once. The total number of legislative texts related to the White Paper Programme is
now 271. The re-establishment of a more accurate reference point does not markedly change the level of
performance of transposition among the Member States.

(20) Spain has a derogation until 1 January 1997, Greece and Portugal until 1 January 1998.

THE SINGLE MARKET IN 1994

10 PART ONE - GENERAL REVIEW

Community law; only three Member States (Denmark. Luxembourg and the Netherlands) have, with the exception of some small points of minor importance, completely
fulfilled their transposition obligations.

In the insurance sector, too, there are considerable delays in transposition (76% of
measures adopted). This is the case for the second life assurance Directive
(90/619/EEC*) as well as the so-called "third generation Directives", the non-life
insurance (92/49/EEC*) and the life assurance Directives (92/96/EEC*), which should
have been applied from 1 July 1994. Infringement proceedings have been started
against the Member States concerned. The Commission is still examining the
conformity of Member State measures concerning the two principal directives on
insurance against civil liability in respect of the use of motor vehicles (72/166/EEC*
and 84/5/EEC*) as well as the second non-life insurance Directive (88/357*).

Concerning intellectual and industrial property <67% of measures adopted) the
Member States have tended to transpose the directives in this sector after long delays
and often only after infringement proceedings have been initiated. In the case of
Directive 89/104/EEC* on trade marks, which entered into force on 31 December
1992, so far five Member States (Belgium, Germany, Ireland, Luxembourg, the Netherlands and Portugal) have not communicated any national implementing measures.

Considerable progress has been achieved in transposing the Directives relating to
pharmaceutical products (85% of measures adopted), although technical difficulties
are causing serious delays in the fields of veterinary pharmaceuticals and homeopathic medicines.

In the field of veterinary and plant-health checks the Member States have transposed
most of the directives into national legislation. The average transposition level is
91.5%; although this is satisfactory the performance of Member States varies considerably (whereas Belgium and Spain have communicated transposition of every directive except one, Greece has still to do so in 18 cases, Ireland in 13 and Germany in
10). Most non-communications concern the Directives on marketing of plant protection products (91/414/EEC*), poultrymeat (92/110/EEC*). and veterinary derogations
(92/120/EEC*).

**B.** **Enforcement of Community law**

_a)_ _A framework for administrative_ _cooperation_

20. The internal market cannot be said to be truly complete unless application and
enforcement of the rules in the Member States (and not merely transposition into national
legislation) are reasonably homogeneous and seen to be so. If Member States' enforcement authorities do not have confidence in their opposite numbers elsewhere in the Community, they are likely to take measures which create technical barriers to the free movement of
goods.

Effective enforcement depends to a large extent on the development of administrative cooperation between the enforcement authorities in each Member State. The aim of such cooperation should be to minimize bureaucratic obstacles which create barriers to the free movement
of goods, services, persons and capital by applying and enforcing internal market legislation
evenly throughout the Union.

In some areas, such as customs. VAT and agriculture, the Council has adopted legislation
which requires coordination of enforcement. For foodstuffs this goes as far as setting up a
Community foodstuffs inspectorate within the Commission, which will be coming into operation
in 1995. However, the Council has been reluctant to pass further legislation requiring particular
forms of cooperation, and in view of this the Commission has been conducting a campaign to
promote more informal types of cooperation between administrations in the Member States for
enforcement purposes. Substantial progress towards this goal was made during 1994.

THE SINGLE MARKET IN 1994

TABLE I

OK

F - •

NL

L

UK

B

P

E

1

IRL

0

EL

Measures

notified

**209**

**,** **.** **-205**

**204**

**201**

**202**

**194**

**188**

**190**

**190**

**190**

**184**

**169**

PART ONE - GENERAL REVIEW 11

**State of Iniplementation of the White Paper Measures**

**Breakdown of Situation by Member State**
**(31 December 1994)**

Derogations

**0**

**•** **JO**

**0**

**0**

**0**

**0**

**3**

**3**

**0**

**0**

**0**

**3**

partial

notification

2

. ;. 4

2

0

3

8

2

1

1

2

5

1

Not

applicable

**2**

**.** **0-** **..**

**1**

**4**

**1**

**1**

**4**

**1**

**4**

**3**

**3**

**4**

Measures not

notified

5

-. . 9 

11

14

12

14

18

21

22

23

23

39

Infringement for

non-conformity

1

1

1

0

1

2

4

3

-2

1

4

3

**C3** **Derogations**

**• Not applicable**

**•** **Measures** notified

**OK**

**F**

**NL**

**L**

UK

B

**96.3%**

**93.6%**

**93.6%**

**93.6%**

**92,7%**

**89.0%**

**89.0%**

**88.6%**

**88.6%**

**88.1%**

**85.4%**

**80.4%**

**P**

**E**

**I**

IRL

D

EL

**0** EU 89.9%

**O Infringement** **for** **non-conformity**

**•** **partiel** **notification**

**•Measures** **not notified**

THF SINGLE MARKET IN 1994

**273 provisions in force /** **219** **requiring national implernenting measures**

220 **-il**

**2004**

**180**

**160**

**OK** **F** **M.** **L** **UK** **B** **I** **IRL** **D** **EL**

**D** **K** **F** **N** **L** **L** **U** **K** **6** **P** **E** **I** **I** **R** **L** **O** **E** **L** **Eu**

12 PART ONE - GENERAL REVIEW

TABLE II

State of Implementation of the White **Paper** Measures

**Situation by sector**

**(31 December** **1994)**

**physical barriers**

**veterinary controls**

**enytosanttary oontrote**

**controls on MMduals**

**apecKc controls (fuel** **tanks,** **«vaste)**

**technical barriers**

**tax harriers**

**10%** **20%** **30%** **40%** **50%** **€0%** **70%** **80%** **90%** **100%**

**THE** SINGLE MARKET IN 1994

**PART ONE-GENERAL** **REVIEW** **13**

21. The Commission communication of 16 February 1994 (21) and the Council resolution of
16 June 1994(22) on the development of administrative cooperation for the implementation
and enforcement of Community legislation on the internal market provide a framework for
development in this area. The resolution endorsed the Commission's approach, stressing the
need to avoid any increase in red tape, and specifically calling for Member States to notify to
the Commission a series of sectoral contact points for communication among national administrations, and between them and the Commission, on enforcement questions. It also called on
the Commission to continue the programme of sectoral discussions between the Commission
and the Member States on administrative cooperation, which was begun in 1993, then restarted
in 1994.

The objectives of the programme of discussions are fourfold:

    - . .:to identify the need for mutual, assistance .in .each sector or area of activities
Onformation requirements, means for satisfying them);

     - to determine how far these needs have already been satisfied;

     - where necessary, to encourage participants in the discussions to introduce or extend
administrative cooperation;

   - where this has not been done already, to compile lists of contact points for enforcement purposes and information on enforcement structures in the different Member
States and ensure that these lists are available to all the administrations concerned.

22. These issues are raised in meetings of committees and working groups organized by
the Commission and involving representatives of the Member States' administrations with
responsibilities in the area concerned. In parallel, the Advisory Committee for Coordination in
the Internal Market Field has been asked to notify contact points in areas where no sectoral
committee exists, or where it is difficult to obtain this information for other reasons.

The specialist committees or other bodies consulted fall into three categories:

     - those whose sole purpose is to conduct administrative cooperation, (e.g., the Standing Committee in the field of Indirect Taxation)

     - those with a regulatory or advisory role, but which spend part of their time on administrative cooperation <(e.g., the Standing Veterinary Committee) and

     - those which only deal with policy issues rather than enforcement, but which may
provisionally act as a channel of information between national enforcement authorities, and between them and the Commission (e.g., the Advisory Committee for Public
Procurement).

A minimum requirement is for all administrations involved to have the particulars of their counterparts in each Member State who can quickly relay their messages to the enforcement official
concerned. Another means of communication which is used in some areas is computerized
networks, and the lessons learnt from those which already exist should be applied to future
projects.

The Member States' permanent representatives were asked at the end of 1994 to confirm the
provisional lists of contact points received so far and to complete them for all areas of internal
market legislation.

23. Both national and Community officials in most of these areas are keenly aware of the
need for administrative cooperation, but in many cases have more pressing needs. This is
especially true for the technical harmonization directives based on the new approach, some of
which are not yet fully in forqe,>3 [s] transitional periods have not yet expired. For many of them
discussion has been centred on finding common interpretations of the legislation, not allowing
much scope for other enforcement questions. A lack of resources has also delayed progress in

some areas.

**(21** **)** **COM(94)** **29 final of** **16** **February** **1994.**

**(22)** **OJ C** **179** **of** **1** **July** **1994.**

THE SINGLE MARKET IN 1994

14 PART ONE-GENERAL REVIEW

Those areas where administrative cooperation is well established are almost exclusively those
where it is provided for by legislation. The Commission will persist with efforts to facilitate
effective and equivalent enforcement in other areas by promoting mutual assistance between
administrations, establishing contact points and continuing its support measures such as
exchange programmes and seminars. However, **the** effectiveness of this approach ultimately
relies upon Member States' readiness **to** use **the instruments which the** Commission is **trying** to
place at their disposal, if, after **a period, there is still a feeling that unacceptable differences** in
enforcement remain, other measures could be envisaged, such as infringement proceedings or
further legislation.

24. Discussions will continue in 1995, and the arrangements for mutual assistance between
administrations will be kept under review as a permanent feature of enforcement of single
market Ailes. Tne Commission will keep the Council and Parliament informed, of progress. .

_b)_ _**Support**_ _for administrative_ _cooperation_

25. Mutual trust between national administrations is being developed by Community-level
cooperation, in particular through **exchange** **programmes for officials concerned with**
**implementation of single market legislation.** The **Karolus programme** is one of the foundations of administrative cooperation. Launched in 1993 for a five-year period, it organizes
exchanges of officials between Member-State administrations involved in managing the single
market, enabling participants to work for around two months alongside their counterparts in
another Member State. The aim of the programme is to arrive at more uniform interpretation
and application of Community legislation.

26. Out of over two hundred applications accepted so far, 124 exchanges have taken place,
as well as a number of induction and assessment seminars (23 in 1993 and 101 in 1994). The
programme has made for better understanding between officials in different Member States
working in the same field, fruitful exchanges of experience and the creation of networks of
contacts for effective, practical cooperation.

Of the priority areas selected for the programme, public procurement, foodstuffs, conformity
assessment and market surveillance, pharmaceutical products, banking and insurance,
plant-health products and road transport have accounted for the largest number of exchanges.

27. All Member States have taken part in the Karolus programme as home and/or host countries. Participants mostly come from the national administrations, although local administrations
are also well represented, particularly in the case of Spain (autonomous communities) and
Germany _(Lender)._ The number of exchanges is, however, lower than expected. There are
several reasons for the programme's slow startup: language problems, payment by the home
Member State of 50% of the. participant's subsistence expenses, difficulty for an administration
to part with a skilled member of staff for some two months. Given the importance of this
method of improving administrative cooperation, every effort should be made to facilitate these
exchanges.

28. Other exchange programmes in specific areas - Matthaeus, Matthaeus-Tax and the
exchange programme for veterinary officials - are dealt wfth in Part two, paragraphs 94, 228
and 340.

29. The communication from the Commission to the European Parliament and the Council
on **trans-European data communications networks between administrations** (23) and the
accompanying proposals for Council Decisions gave rise to lengthy discussions within the
Council. In November 1994 the Council (telecommunications) reached agreement on a Decision conceming the networks for the interchange of data between administrations (IDA). This
Council Decision, which will probably be formally adopted in 1995, fixes the Community's
contribution to certain priority projects aimed at facilitating cooperation between administrations

(23) COM(93) 69 final of 12 March 1993.

THE SINGLE MARKET IN 1994

PART ONE-GENERAL REVIEW 15

through data interchange. Budget funding was pre-allocated in 1994 to meet the most pressing
requirements and avoid any interruption of work under projects already in hand.

By way of example, the information system for public procurement (SIMAP) and several applications in support of administrative cooperation in customs and agriculture received Community funding under IDA in 1994.

The first phase of the project to establish an electronic mail network linking the administrations
involved in managing the single market was completed, using existing communications
networks. This involved setting in place a support structure with a view to introducing the use of
electronic mail within several committees, including the Internal Market Advisory Committee.

30. The bodies involved in the application and enforcement of legislation are not necessarily

- public administrations,.but also include private bodies such as the notified bodies which provide
type approval and certification services under the new approach directives. A symposium of
notified bodies was held as part of efforts to improve coordination between these bodies.
Another symposium, which brought together representatives of the industry and other bodies,
was held on the type approval of motor vehicles in November 1994.

_c)_ _Penalties for_ _infringements_ _of Community law_

31. The Commission pursued its work on the role of penalties in the implementation of
Community legislation in the context of the internal market. In particular, the Commission and
the Member States continued their informal discussions on penalties in the customs field (see
para. 342).

In accordance with the Strategic Programme, the Commission considered how to improve the
transparency of national sanctions, for example by the inclusion in its future proposals for
regulations and directives of a clause providing explicitly for the notification of the system of
penalties applicable to breaches of the provisions regarding the single market. This has been
the subject of a Communication to the Council and the European Parliament (24).

C. A c c e s s t o j u s t i c e and judicial cooperation

32. If businesses and individuals are to operate confidently in the single market, they need to
know that there are adequate means of redress available to them should they run into problems. In a single Community market covering different national jurisdictions, this cannot be
taken for granted. Hence the importance given in the Strategic Programme to improving
access to justice and judicial cooperation within the single market.

33. The Commission launched a number of measures in 1994 to:

     - improve the training and information provided for members of the legal professions
(chiefly judges and practising lawyers) in the field of Community law;

     - afford consumers easier access to justice;

     - speed up the conclusion of conventions aimed at overcoming the fragmentation of
the European legal area.

**(24)** **COM(95)** **162** **final, 3.5.95**

THE SINGLE MARKET IN 1994

16 PART ONE-GENERAL REVIEW

_a)_ _Training and information provided for the legal professions in the field of Com-_
_munity law_

34. The Strategic Programme for the internal market assigns a **key role** to judges, practising
lawyers and, in general, all members of the legal professions in **the application** of **Commu-**
**nity law and the smooth operation** of **the single market.**

The Commission's aim is thus to present the Council at the end of 1995 with a joint programme
for providing the legal professions with training and information in the field of Community law.

35. With this in mind, the following measures were set in train in 1994:

     - a survey was commissioned in all Member States to pinpoint the difficulties and
needs experienced by lawyers as regards training and information-in the field of
Community law;

     - a tripartite expert group (composed of one judge, one lawyer and one academic
involved in the training of future judges or lawyers from each Member State) was set
up _inter alia_ to help the Commission determine the possible scope for Community
action to improve training and information for the legal professions in the field of
Community law and to assist it in drawing up specific proposals for action;

   - the Commission intends to send the Council in late 1995 a proposal for a recommendation on generalizing the obligation to undergo training in Community law before
entering certain legal professions.

_b)_ _Access to justice for consumers_

36. The Commission has embarked on wide-ranging discussions on ways and means of
affording consumers better access to justice in the single market.

The Green Paper on access to justice for consumers and the settling of consumer disputes in
the single market (25), adopted in November 1993, was commented on by Parliament, the
Council, the Economic and Social Committee and the Committee of the Regions. Above all, it
prompted a large number of written submissions (more than 100) from interested parties which
were developed at a public hearing held in Brussels on 22 July 1994.

37. During the consultation, a fairly broad consensus emerged on three of the conclusions
set out in the Green Paper, namely the need to:

     - harmonize the proceedings that can be brought in Member States to put a stop to
certain unlawful commercial practices, and ensure the mutual recognition of the
parties entitled to initiate such proceedings;

     - promote methods of out-of-court settlement for individual disputes, which should be
made more effective by setting minimum criteria at European level;

     - create machinery for following up cross-border complaints, in conjunction with
cross-border cooperation between consumer associations.

The Commission intends to propose during 1995 the necessary measures for putting these
ideas into practice.

_c)_ _Free movement of judgments_

38. The **Brussels** Convention on jurisdiction and enforcement of judgments in civil and
commercial matters is a fundamental feature of the European law-enforcement area. Several
projects aimed at consolidating the law-enforcement area are being developed in the context of
the Convention:

(25) COM(93) 576 final of 16 November 1993.

THE SINGLE MARKET IN 1994

**PART ONE - GENERAL REVIEW** **17**

headway was thus made during the year towards adoption of a European convention
on insolvency proceedings, which will lay down rules on jurisdiction for the
purposes of the intra-Community effects of insolvency proceedings, establish uniform
rules on the conflict of laws for such proceedings and ensure that decisions taken in
this area are recognized and enforced;

discussions are continuing on a draft protocol extending the Brussels Convention to
family law;

work is already well in hand on drawing up a new legal instrument to simplify the
international transmission of judicial and other documents in civil and commercial
matters within the European Union.

**D.** **Evaluation of the effectiveness of the legislation**

39. Although the single market is still in its infancy, much attention has already focused on
the extent to which this initiative has delivered on its promise. In a resolution adopted in
December 1992(26) the Member States called on the Commission to prepare a thorough
evaluation of these issues, by providing, during 1996,

_"an overall analysis of the effectiveness of measures taken in creating the_
_single market, taking particular account of promoting 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_
_social protection, the raising of the standard of living and quality of life, and_
_economic and social cohesion, and solidarity among Member States. This_
_analysis could, in addition, consider the impact on improving the competitive-_
_ness of_ _European_ _business in world markets._ _"_

This analysis must take into account the fact that the single market is still not fully in place.
Nevertheless, as a first overall assessment, it should serve as a navigational aid to help steer
Community action in this field.

_a)_ _Objectives and scope of the report_

40. The scientific and theoretical difficulties of the exercise are considerable. The
analysis must come to grips with the problem of disentangling the impact of the single market
from other driving-forces for change which have been operating simultaneously on the
Community economy - notably globalization and multilateral trade liberalization, technological
change, the opening-up of Central and Eastern Europe, the global economic climate, the
economic consequences of German unification, and developments specific to individual
Member States.

41. The Commission's analysis will have a twin focus:

    - _the effectiveness of legislation_     - It is hoped that extensive field research will shed light
on the strengths and weaknesses of the legislative and administrative framework, and
identify areas where further fine-tuning is required to eradicate non-tariff barriers and
other obstacles to free circulation.

This analysis constitutes a "bottom-up" quest for problems and solutions. Detailed
research in about twenty sectors, supplemented by business surveys (and by additional research on specific issues such as public procurement, technical barriers or
monetary integration) is designed to deliver a "grass-roots" perspective on progress to
date and remaining shortfalls. The findings from this analysis can then be drawn upon

**(26)** **Resolution** **92/C** **334/01 of 7 December 1992 (OJ C** **334/1,** **18.12.1992).**

THE SINGLE MARKET IN 1994

!8 PARI ONE - GENERAL REVIEW

to adjust and develop the legislative and administrative framework with a view to
delivering the full benefits of a single market.

The study is intended to focus primarily on the consequences of measures taken to
liberalize the four freedoms. However, it will inevitably address other Community and
national policies which influence the business dynamics and adjustment mechanisms
unleashed by the single market. Foremost amongst these policies will be progress
towards monetary integration and national and Community measures which affect
competition

me _impact of the single market_ _~_ As required by the Council resolution, the report will
attempt to determine whether market integration has made the expected contribution
to overcoming the Community's perceived competitiveness problems, fostering job
creation and promoting regionally balanced economic growth.

The analysis will at best only be "able to deliver partial and largely qualitative
responses to these broad macroeconomic questions, as many of these issues do not
lend themselves to the formulation of testable hypotheses.

Studies will tend to concentrate on changes at the level of individual economic operators and markets     - trying to ascertain whether market integration has resulted in
access to wider marketplaces and increased competition, and whether and how "it has
shaped corporate strategies and behaviour. From the information gathered at
microeconomic level, the study will attempt to build up a picture of the broader effects
of the internal market programme.

_b)_ _Launching of background_ _research_

42. Market studies are under way on the following sectors: food and drink processing
machinery, pharmaceuticals, textiles and clothing, telecommunications value-added services,
construction site equipment, road freight transport, airtransport, banking, insurance and distribution.

Additional market studies are envisaged for the following sectors: telecommunications equipment, boilers and metal containers, advertising services, chemicals, motor vehicles, processed
foodstuffs, audio-visual services and a single information market.

A series of studies is also under way on wider issues, including the abolition of tax and customs
formalities at internal frontiers, the dismantling of technical trade barriers, the evolution of
pan-European markets, the achievement of economies of scale, capital market liberalization,
trends in foreign direct investment and trade flows, the costs of multi-currency management,
the liberalization of public procurement, and competition policy.

Other issues that may be considered include: protection of industrial property rights, the external dimension of the single market, trans-European transport networks, the regional consequences of market integration and a quantaîive analysis of the implications for the labour
market.

A wide-ranging survey of business perceptions of the impact of single market measures and
corporate strategies within the single market will also be undertaken. This will be supplemented
by a review of representative bodies and industry opinion leaders

Results from these studies will become available in early 1996 and will provide the input for the
Commission report which will be finalized in mid-1996.

"THE SINGLE MARKET IN 1994

PART ONE-GENERAL REVIEW 19

**E.** **Statistics**

_a)_ _Assessment of the impact of the single market_

43. In the light of the demands being made on the statistical system to provide reliable and
up-to-date statistics for an assessment of the impact of the single market programme, Eurostat
has responded by proposing an approach which distinguishes between what can be provided in
the short term and in the long term.

In the short term, work has begun on the provision of data which will be used as input for the
1996 study. This data collection is based on three pillars:

    - thé exploitation of existing information af the level of Eurostat and at the level of the
national statistical institutes;

     - the use of longitudinal analysis, especially in evaluating enterprise performance and
behaviour in response to the single market;

     - specific studies for the remaining data needs which cannot be satisfied either by existing data or by the longitudinal study.

These three exercises are being organized in close cooperation with the Member States.

44. In the longer term, appropriate measures are being taken to adapt the existing statistical
programme to satisfy the statistical requirements of the internal market. An examination is
taking place into areas where current data collection is weak and could be profitably extended.
For example there is a significant imbalance between the availability of manufacturing and
services statistics, an imbalance which needs to be rectified over the coming years. Similarly
there is a recognition that statistics on public procurement are inadequate.

_b)_ _Intrastat_

45. Intrastat, the system for collecting statistics on intra-Community trade in goods, entered
its third year of operation. There were many signs of improvement in most Member States, in
terms of not only the availability of data (a Commission Regulation laying down time-limits for
transmission was adopted), but also their quality, essentially when aggregated. Further
progress is expected, particularly through the Edicom (electronic data interchange in
commerce) project, which was given strong legal backing and allocated considerable financial
resources by a Council decision, and through the development of checks carried out by the
national administrations.

In the short term, Eurostat will focus its efforts chiefly on improving the rate of response from
businesses and seeking further simplifications (a new threshold per transaction, enabling
results for low-value operations to be grouped together, has already been introduced). It will
begin looking into the options for intrastat II by sending out a questionnaire and organizing a
seminar to be attended by both suppliers and users of statistics.

**§ 3 -Developing the Single Market**

**A.** **Introduction**

46. The section of the Strategic Programme on "Developing the single market" announced a
number of actions designed to improve the quality of single market legislation and public
awareness of it. These are described below. Part Two deals with other actions announced in
the same section of the Strategic Programme, designed, in particular, to improve the environment for business and consumers in the single market

THE SINGLE MARKET IN 1994

20 PART ONE-GENERAL REVIEW

B. **Regulatory policy**

47. In line with the undertakings it gave in the Strategic Programme and to fulfil its obligations under the Treaty on European Union, the Commission is endeavouring to define a new
approach to its future legislative and regulatory activity. Rather than devising new procedures,
the aim here is to **follow** a **strictly** **orthodox regulatory approach** at each stage in the
Community decision-making procedure. These new policy lines should be adopted by the
Commission in 1995.

48. Draft general regulatory policy guidelines are currently being drawn up by Commission
staff in order to codify the procedures to be followed to achieve this objective.

**C.** **Deregulation/simplification of legislation**

49. Community legislation completing the single market is by nature a deregulation exercise,
since it is aimed at eliminating national measures that create barriers to trade. In the "new
approach" directives in particular, the choice offered to businesses between compliance with
essential requirements or voluntary use of harmonized standards, or the possibility open to
manufacturers of choosing between several certification procedures, bears witness to a
long-standing concern for simplification. The Commission's commitment to simplification can
also be seen in legislative proposals designed to streamline existing Community rules, e.g. in
the foodstuffs sector.

The Commission has voiced its concern to the Member States at the growing number of regulatory initiatives taken by national authorities, either centrally or at local level, as reflected in
the statistics produced by information-exchange procedures such as the one operating under
Directive 83/189/EEC*. It has called upon Member States to apply to their own legislative
activities the same principles of caution and restraint which the Community legislator has to
observe; it hopes that they will thereby refrain from adopting unnecessary national rules and
regulations that are superimposed on Community rules during transposai.

50. The Commission has asked a group of independent experts chaired by Mr Bemhard
Molitor (the "Molitor Group") to look into the scope for simplifying legislative and administrative
provisions at both national and Community level. This exercise includes some areas of the
single market. The Group is to report to the Commission by June 1995.

A Committee on the simplification of the business environment has also been established, with
the objective of focusing, on a longer term basis, on the possibilities for easing the burden on
business, especially small and medium-sized enterprises, through legislative and administrative
simplification.

**D.** **Legislative and declaratory consolidation**

51. in the interests of transparency and simplification of the Community rules, legislative and
declaratory consolidation work was speeded up and diversified. The adoption on 20 December
1994 of an interinstitutional agreement on an accelerated procedure for the consolidation of
legislation marked a major step forward: the agreement streamlines the decision-making
machinery for legislative consolidation. Consolidation work in progress on legislation relating to
credit institutions, life and non-life insurance, and stock exchanges and transferable securities
should be completed in 1995. As far as declaratory consolidation is concerned, compendiums
of coordinated legislation on pharmaceuticals and company Jaw have been produced.

THE SINGLE MARKET IN 1994

PART ONE - GENERAL REVIEW 21

**E.** **Communication and information policy**

52. The Strategic Programme emphasized the importance of **communication and informa-**
**tion policy** for the further development of the single market. Businesses and individuals need
to know about their rights and about the possibilities open to them in **a** frontier-free Union. But
information needs to flow also from businesses and citizens to the Community and national
authorities, if they are to know how the single market is working out in practice.

53. For this reason, the Commission, in conjunction with Member States, and in many cases
with the active participation of Euro Info Centres, held during 1994 a series of **"Internal Market**
**weeks"** in all Member States. The exact form of the events varied, to take account of local
circumstances and special areas.of. interest. Generally, a telephone "hotline" or a series of
radio "phone-ins" was set up, to allow callers to express their views or make enquiries regarding the single market. Business people and other interests were invited to participate in seminars and discussions around each country, attended by Commission officials. The overall
outcome of the initiative was satisfactory, both quantitatively (use of freephone lines and attendance at meetings) and qualitatively (feedback received on the operation of the single market).

Most of those attending the 106 conferences that took place were representatives of the business community. Some 3 000 people used the freephone lines set up during the Weeks: these
were mainly members of the public, who preferred, and greatly appreciated, this method of
obtaining information and expressing their views.

54. In addition to the programme of Internal Market Weeks, single-market information policy
focused on the following activities in 1994:

     - a conference held in March 1994 and attended by over 250 representatives of trade
associations, at which Mr Vanni d'Archirafi, then Member of the Commission with
special responsibility for the single market, took stock of how the single market was
working and presented the Strategic Programme;

     - publication and distribution of the first annual report on the internal market;

     - sectoral conferences, notably on intellectual property and public procurement;

     - sectoral publications.

55. A survey was conducted of users of the INFO 92 database to find out who was using it,
and what their information needs were. The 341 respondents, divided approximately equally
between the EU institutions (mostly the Commission) and outside users, included a high
proportion of intermediaries - information officers, Euro Info Centres, consultants and the like.
The completed questionnaires received showed that INFO 92 provided a useful contribution to
meeting the needs of this group of users, although much of the information they require can
also be obtained from other databases, such as CELEX. The very simple search procedure
used in INFO 92 clearly contributes to this. However, very few SMEs or individuals other than
in-house users answered, indicating a gap in the provision of on-line services on the single
market. It was decided to concentrate the scarce resources available for this type of information on this more general user group in future.

**§ 4 - External aspects**

56. The Strategic Programme for the internal market stressed that if firms were to reap the
full benefits of the single market, it was necessary to ensure both a dynamic commercial policy
and the effective management of external borders. 1994 saw a number of important developments in both these areas, a detailed account of which may be found in Part Two, Section 10.

THE SINGLE MARKET IN 1994

**PART TWO**

**Detailed Review**

**Introduction**

57. Part Two of the Report reviews the year 1994 in each major area of the single market,
starting with the **"four freedoms". It** describes developments on the legislative front as well as
other initiatives designed to improve the operation of the internal market, such as administrative cooperation. As far as possible, it indicates how the single market is functioning in practice
in the area concerned and responds to major preoccupations which have been brought to the
Commission's attention.

**Section 1 - Free movement of persons**

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

58. The accompanying measures necessary for abolishing controls on individuals at internal
frontiers have not yet been implemented. The Member States have not officially abolished
such controls at Union level, although seven of them have agreed to do so at Schengen Group
level (Belgium, Germany, France, Spain, Luxembourg, the Netherlands and Portugal).

However, systematic checks on individuals have been abandoned at most frontier posts,
particularly at land frontiers, and controls have actually been entirely eliminated at some
border-crossing points.

At airports and ports, by contrast, systematic checks have been maintained almost everywhere
on passengers on intra-Community flights and sea-crossings.

As almost all Member States have also introduced legislation on carrier liability, checks made
by carriers on travel documents have been stepped up, even in respect of intra-Community
travellers.

THE SINGLE MARKET IN 1994

24 PART TWO-DETAILED REVIEW

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

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

59. Member States' **transposai** of the last three directives on the residence of
non-economically active Community nationals (27) does not seem to the Commission to be
satisfactory. Although these directives have now been transposed into national law by all the
Member States, except Germany, the Commission's examination of the transposai measures
has led it to initiate infringement proceedings against nine Member States. In most cases, the
incorrect transposai relates.tq the .condition regarding students', resources and to the period, of
validity of the first residence permit issued to beneficiaries of Directives 90/364/EEC* and
90/365/EEC*.

**60.** **The** application **of Community law** in this field also gives some cause for concern. The
administrative difficulties encountered by Community nationals exercising their right to freedom
of movement which have given rise to complaints to the Commission relate mainly to two
points:

     - possession of a residence permit - Even though the residence permit issued to individuals setting up residence under the right to freedom of movement on the territory
of a Member State other than their own is simply a material expression of the rights
directly conferred on Community nationals by the Treaty and the legislation adopted
pursuant to it, Member States are continuing to subject the granting of certain benefits
(in particular social assistance or services) to presentation of that permit. Furthermore, obtaining the residence permit in the first place sometimes constitutes a real
obstacle course for Community nationals.

     - proof of sufficient resources - Although the resources condition is laid down only in
the two Council directives on retired persons, pensioners or other non-economically
active persons, proof of sufficient resources is sometimes required of Community
nationals carrying out a self-employed activity and their families and of members of
the families of Community wage- and salary-earners.

61. A final point should be emphasized regarding the effects on Community nationals of
expulsion measures (deportation, entry ban, etc.). As some Member States do not provide for
a subsequent review of measures taken - and this contrary to Community case-law) (28) - the
individuals concerned are permanently denied access to those States.

**B.** **Recognition of qualifications**

62. In order to simplify the updating of the specializations in Council Directive 93/16/EEC*
facilitating the free movement of **doctors** and the mutual recognition of their qualifications,
the Commission proposed (29) in December 1994 that it be given the power to carry out this
updating through a committee procedure involving the Committee of Senior Officials on Public
Health set up by Council Decision 75/365/EEC*.

**(27)** **Directives** **on the** **right** **of residence for persons** **Who** **have ceased their occupational activity** (90/365/EEC* and
93/96/EEC*) and for persons not covered by **other** provisions **of** Community **law** (90/364/EEC*).

(28) See in particular joined Cases 115/81 (Adoui) **and** 116/81 (Comauille) - judgment of 18 **May** 1982 (1982] ECR
1665-1713.

(29) COM(94) 626 final of 16 December 1994.

THE SINGLE MARKET IN 1994

PART TWO - **DETAILED** REVIEW 25

63. A proposal for a Directive to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (30) was
presented to the European Parliament and the Council. The proposal seeks to permit practice
of the profession under the home-country professional title for a given period with a view to
eliminating or possibly simplifying the aptitude test required by Member States for access to the
profession in the host Member State under the general system for the recognition of qualifications (Directive 89/48/EEC*). The proposal also aims to facilitate practice of the profession of
lawyer on a joint basis. The main difference compared with the text proposed by the Consultative Committee of the Bars and Law Societies of the European Community (CCBE) is that
establishment under the home-country title is conceived not as an unlimited means of practising the profession but as a period designed to facilitate full integration into the profession in the
host Member State.

64. A Vade mecum has been produced to facilitate application of the general system for
the recognition of qualifications (Directives 89/48/EEC* and 92/51/EEC*), thereby helping to
solve the problems of interpretation referred to in the 1993 annual report (point 63). It is
accompanied by a small guide for migrant workers. In addition, some training courses have
been classified at a higher level: that of the diploma within the meaning of Directive
92/51/EEC*, at the request of Germany and Italy through Directive 94/38/EC*.

65. With regard to the state of progress in transposing legislation in this field, two Member
States (Greece and Belgium) have still not notified the Commission of national measures
transposing Directive 89/48/EEC* into national law, and the matter has been referred to the
Court of Justice. As to transposais already carried out, difficulties have arisen in particular
conceming the recognition of teachers' qualifications, especially in the State sector. However,
there has been an improvement in the situation for paramedics. With regard to Directive
92/51/EEC*. which came into force on 18 June 1994, only three Member States have notified
the Commission of transposai measures (Luxembourg, Italy and the Netherlands).

66. As regards training acquired in third countries, the Court has confirmed (31) that a
Member State's recognition of qualifications awarded by a third country does not commit the
other Member States in respect of Directives 78/686/EEC* and 78/687/EEC* concerning
dentists. This case-law may also apply to other similar directives (doctors, nurses, etc.). The
Court also stressed the obligation on the host Member State to take account of the professional
experience which Mr Haïm, the applicant, had acquired in another Member State.

67. Many obstacles still have to be overcome regarding access to non-regulated activities
and employment.

In December 1994 the Commission presented a communication on the recognition of qualifications for academic and professional purposes (32). This communication analyses differences,
similarities and complementarity between the various types of recognition. While continuing to
respect their specific characteristics, it should be possible to develop a series of synergies to
further a real European area for the professions and for training. Four main areas for action are
identified in the communication: information, the creation of academic and professional
networks, jointly agreed adaptation of training, and quality assessment. The communication
aims to promote discussion on appropriate measures within the Community institutions and at
all levels in the Member States (competent authorities, academic and professional circles).

68. In April 1994 the Commission invited proposals for promoting initiatives relating to the
mutual recognition of professional and vocational qualifications.

The Commission's aim was to encourage model cross-border cooperation initiatives relating to
the comparison of professional and vocational qualifications and their mutual recognition by
market operators. To do that, it asked market operators - public bodies, employers, trade

(30) **COM(94) 572 of** **21** **December** **1994.**

**(31 )** **Judgments given on 9 February** **1994** **in Cases** **C-319/92** **(Haim)** **and** **C-154/903** **(Tawil) (1994]** **ECR** **I-0425** **and**

**1-0451** **.**

**(32)** **COM(94) 596 of** **13** **December** **1994.**

THE SINGLE MARKET IN 1994

26 PART TWO - DETAILED REVIEW

unions, trade associations, professional organizations, training establishments - to inform it of
agreements concluded and of cooperation projects in progress or envisaged in the fields in
question. It provided for grants to be made for the launching or carrying out of cross-border
cooperation projects which it considered to be particularly worthwhile.

Of the **171** proposals received, 29 were finally adopted. These figures provide proof - if there is
need of such proof - of the multiplicity **and variety** of initiatives **taken by** market operators in
connection with the mutual recognition of qualifications.

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

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

**1°** **Articles 30 à 36 du Traité CE**

**Introduction**

**69.** Articles 30 et seq.* of the EC Treaty **prohibit quantitative restrictions on imports and**
**exports and measures having equivalent effect** (33).

In 1994 the Commission recorded 232 new cases complained of by economic operators or
trade associations or detected by it in the course of its work, which proves that non-tariff barriers to trade still exist. This was further emphasized by economic operators at the "Internal
Market Weeks" organized in Member States and at the Copenhagen conference held in
September 1994 on technical obstacles to trade.

During the year:

    - 217 cases were terminated;

   - only two cases were referred to the Court of Justice.

The difference between these figures shows the Commission's wish to settle cases submitted to
it through dialogue with Member States rather than through legal proceedings. This partnership
takes the form of "package" meetings held periodically with the Member States. In 1994 such
meetings were held with Germany, Spain, Italy, Greece, Portugal and, for the first time, the
Netherlands. Of the **217** cases terminated, 74 were terminated as a result of "package" meetings.

70. This approach, which is designed to solve problems through transparency, also underlies
the proposal for a European Parliament and Council Decision establishing a procedure for the
exchange of information on national measures derogating from the principle of free movement
of goods within the Community (34) (see para. 161).

**(33)** **See** **the** **1993 report on the internal market (points 70** **to** **85).**

**(34)'** **COM(93)670** **final** **of** **15** **December** **1** 993 **(OJ C** **18.21.1.1994).** **as amended** **by COM(94)** **250 final of** **15** **June** **1994**
(OJC 200, 22.7.1994)

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 27

**B.** **The main fields in which the** C o m m i s s i o n acted **to eliminate obsta-**

**cles to trade in** **1994**

**71.** As the statistics relating to the 202 complaints received from economic operators in 1994
show (see Table III), government measures taken with the aim of, or having the effect of,
directly or indirectly restricting intra-Community trade, whether actually or potentially, were
particularly prevalent in the foodstuffs, pharmaceuticals and medical products, and road vehicles sectors. All the Member States are involved, albeit to varying degrees. The kinds of
obstacles encountered by economic operators and the objectives pursued by Member States
vary from one field to another but are not substantially different from those outlined by the
Commission in 1993.

**TABLE** **HI** **- COMPLAINTS CONCERNING OBSTACLES TO TRADE RECORDED** **IN** **1994** **(ARTICLES** **30 ET** **SEQ.Ï**

Commercial
legislation
(advertising,
sales ban)

0

1

1

2

3

2

0

1

0

1

0

0

11

Construction

0

0

1

1

1

3

0

4

0

0

0

0

10

Pharma
ceutical and

medical
products

**0**

**4**

**6**

**1**

**0**

**3**

**0**

**15**

**0**

**0**

**0**

**0**

**31**

Chemicals

0

1

4

0

1

3

0

3

0

1

0

0

13

Other

7

1

14

5

1

20

1

4

0

0

1

3

57

Public

procurement

0

0

1

1

0

0

0

3

0

0

0

0

5

Telecommu
nications

0

0

0

0

0

1

0

1

0

0

1

0

3

TOTAL

14

7

44

19

11

53

1

36

2

6

5

4

202

Member

Slate

B

DK

D

EL

E

F

IRL

I

L

NL

P

UK

TOTAL

Foodstuffs

**2**

**0**

**11**

**5**

**1**

**9**

**0**

**2**

**1**

**4**

**0**

**0**

**35**

Road

vehicles

**5**

**0**

**1**

**4**

**4**

**11**

**0**

**3**

**1**

**0**

**3**

**1**

**33**

Waste

0

0

3

0

0

1

0

0

0

0

0

0

_A_

_a)_ _Foodstuffs_

72. The foodstuffs sector is the main field in which commercial rules are introduced that
can be assessed in the light of Articles 30 et seq.* of the EC Treaty. The Court of Justice
has delivered many judgments in this field, notably the Rewe judgment known under the name
"Cassis de Dijon" (35).

73. In 1994 the Commission found that the principal obstacle was, the requirement
conceming national prior **authorization** procedures, whether or not involving the issuing of
certificates designed to control the composition of foodstuffs and in particular the presence of
food supplements (nutrients, vitamins) and/or additives.

The cases terminated in 1994 included the following:

     - the requirement that an accompanying note be produced when sugar is imported into
Italy, this in order to control its use in wine;

e the requirement imposed by the Spanish authorities that an official health certificate
of the country of origin be produced as evidence that products have been manufactured in accordance with the rules in force in the country of origin and that their
consumption presents no health risks;

     - the ban in France on the use of sorbic acid in milk chocolate fillings;

**(35)** **Judgment of the Court of 20 February** **1979** **in Case** **120-78 (1979]** **ECR 649-665.**

THE SINGLE MARKET IN 1994

28 PART TWO-DETAILED REVIEW

   - the ban on the importation and marketing in Germany of syrups coloured with
tartrazine (E 102).

The Commission pointed out in this connection that a marketing ban or a prior authorization for
importation or sale constitutes a barrier which can be justified only by such imperatives as the
need to protect public health. Furthermore, it should be appropriate and proportionate to the
aim in view.

74. Some obstacles also stem from legislation governing the names under which foodstuffs are sold. Cases which were terminated in 1994 included the following:

     - names such as "saucisse", "terrine" and "pâté" could be used in France only if the
conditions laid down by law as to the composition of such products were fulfilled;

    -     - in the Netherlands legislation required lemonades to contain at least 10% fruit juice in

order to qualify as authentic fruit lemonades.

The Commission had to remind the Member States concerned that a State may not prohibit
products from other Member States from being marketed on its territory under the same
generic name as that used for its domestic products. However, where the characteristics of the
imported product do not correspond to those of the domestic product, the importer must inform
the consumer of the nature of the product by means of appropriate labelling.

75. Finally, the Commission recorded obstacles stemming from government legislation relating to origin marking or to labelling imposed in the interests of consumer protection (36).

The origin marking of products is likely to impede trade in that it imposes additional costs or
may devalue the imported product. Moreover, the Court has ruled that such provisions cannot
be justified on consumer protection grounds since they are bound to be regarded as being
clearly applicable to imported products alone (37).

Though an imperative need protected by Community law, consumer protection by no means
entails banning the marketing of products on the grounds that they do not satisfy national
"quality" criteria. Very often, adequate, reasonable and proportionate information for the
consumer is sufficient.

In Italy, for example, the use of the Italian language alone is no longer compulsory for the presentation to the final consumer of products from other Member States, as previously laid down
in Law 126 of 10 April 1991.

_b)_ _Pharmaceutical and medical_ _products_

76. Obstacles to the free movement of pharmaceutical products mainly involve marketing
authorization procedures. In the case of medical products, the obstacles stem from approval
procedures. These were regarded either as excessive in relation to the principle of mutual
recognition or as being carried out in such a way as to present a de facto obstacle to the free
movement of products.

Such authorization procedures are legitimate where they aim to check, for example, that a
product is not harmful. It is the responsibility of Member States to take all necessary measures
to protect public health. However, those measures should not constitute an indirect means of
protecting domestic markets. The Commission therefore examines very carefully whether they
are in fact necessary and proportionate to the aim in view.

77. Some obstacles stem from the failure of the national authorities to reimburse the
cost of imported medicinal products, or even from the need for an import licence in the
case of parallel imports (38). For example, a licence certifying compliance with German rules

**(36)** **See points 79 and 83 of the** **1993** **report on the internal market.**

**(37)** **Origin marking of 25** **April** **1985.**

**(38)** **See point 81 of the** **1993** **report on the internal market.**

THE SINGLE MARKET IN 1994

**PART TWO - DETAILED REVIEW** **29**

was required for all pharmaceutical products entering German territory. This requirement
particularly penalized products marketed following reprocessing.

The Commission had to point out that, while Member States may justifiably prohibit the parallel
importation of products manufactured in another Member State but without the marketing
authorization provided for in the legislation in force having been obtained, the situation is
different where the product in question has already been marketed or where a medicinal product with identical therapeutic characteristics exists on the market.

_c)_ _Road vehicles_

78. National registration procedures, which.will continue to exist until 31 December 1995
alongside the EEC ' type-approval system introduced by 'Council' Directive 92/53/EÉC* of
18 June 1992, call for a certificate of conformity that is sometimes difficult to obtain where
vehicles have been imported. These difficulties stem in particular from the non-recognition of
documents, containing the necessary information, issued in another Member State. Other
problems arise from the public authorities' delegation of certain functions to manufacturers or
their representatives without the speed and low cost that should be associated with such
public-law functions being guaranteed. Difficulties also stem from the non-recognition of technical checks and national technical standards (e.g. towing hooks).

Some cases were terminated in 1994:

     - The Spanish authorities now permit vehicles belonging to Union nationals not in
possession of a Spanish resident's permit to be permanently registered on their territory. Nevertheless, it is necessary for a reference location in Spain to be notified to
the authorities so that the responsibilities arising from the use of the vehicle can be
met.

     - Certain provisions of the new Italian Highway Code (39) laying down mandatory
dimensions for caravans had the effect of prohibiting the use in Italy of caravans
legally manufactured or marketed in other Member States which failed to comply with
those dimensions.

Following the Commission's intervention, the Italian authorities amended the legislative decree in question.

_d)_ _Other fields and sectors_

Construction

79. In the absence of effective measures implementing Community legislation, the problems
encountered in the construction sector stem from the lack of mutual recognition of
certification and control procedures and of environmental protection rules. Such
problems were caused, for example, by a German rule stipulating that materials, components
and equipment could be used in construction only if they carried a mark attesting to the fact
that they had been approved. This rule was a particular handicap to imported products.

Chemicals

80. The obstacles which the Commission had to assess stemmed from the imposition of
approval procedures or the banning of manufacturing or importation. Authorization
procedures sometimes entailed excessive delays or called for a disproportionate amount of
information to be provided. The Member States in question invoked the need to protect public
health and the environment in support of their cases.

**(39)** **Legislative decree No 285/92.**

THE SINGLE MARKET IN 1994

30 PART TWO - DETAILED REVIEW

The cases which were terminated in 1994 included the following:

     - any product containing a higher proportion of dioxin than the level laid down by a
German rule could not be manufactured on, or imported into, German territory. In the
case of recycled products, however, this strict rule applied differently according to
whether the products containing the dioxin had been recycled in another Member
State and then reimported or whether they had been recycled on German territory.

Energy

81. This is a sector which is still largely dominated by importation, marketing and network
management monopolies that are the subject of actions before the Court of Justice. Furthermore, national legislation in some Member States imposes storage obligations on distributors
which in e.ffect tie them to the national refiners - obligations which they are unable to meet
owing to insufficient capacity.

**C.** **The main judgments of the Court of Justice**

82. The Union Treaty does not define the concept of a measure having equivalent effect to a
quantitative restriction. Articles 30 et seq. of the EC Treaty do no more than prohibit such
measures. Hence the importance of Court of Justice case-law in this field for uniform and
effective application of these Articles by national authoities. It also enables the Commission to
clarify and develop, in interpretative communications, the principles of Community law established by it.

_a)_ _Name under which a cosmetic product is sold_ (40)

83. The Court held that a German measure prohibiting the importation and marketing of a
product classified and presented as a cosmetic on the grounds that H bore the name "Clinique"
was incompatible with Articles 30* and 36* of the EC Treaty and with Council Directive
76/768/EEC* on the approximation of the laws of the Member States relating to cosmetic products.

In the Court's view, the ban in question was not a necessary requirement for protecting
consumers or public health. The products in question were presented as cosmetics and not as
medicinal products. Furthermore, such products were regularly marketed in the other Member
States under the name "Clinique" without the use of such a name apparently misleading

consumers.

_b)_ _Approval procedure laid down for the marketing of radiocommunication_ _transmit-_
_ters/receivers_ (41)

84. In line with its case-law, the Court held that a Belgian approval system applied without
distinction to all radiocommunication receivers, with the sole exception of sets designed exclusively to receive radio or television broadcasts, was incompatible with Article 30* of the Treaty
and could not be justified as a mandatory requirement or under Article 36* of the Treaty.

**(40)** **Judgment of** **the** **Court of 2 February** **1994 In** **Case** **C-315/92** **[1 994] ECR** **1-0317.**

**(41 )** **Judgment of** **the** **Court of 24 March** **1994** **in Case** **C-80/92** **(1994]** **ECR** **1-101** 9.

THE SINGLE MARKET IN 1994

PART TWO - DEI AILED REVIEW 31

_c)_ _Ban on carrying out certain commercial activities on Sundays_ (42)

85. The Court held that Article 30 of the Treaty had to be interpreted as not applying to
national legislation governing shop opening hours - in this case in Italy - which covered all
economic operators carrying out activities on national territory and which affected, de jure and
de facto, the marketing of domestic products and products from other Member States in the
same way.

In so doing, the Court applied the conditions laid down in paragraphs 16 and 17 of the abovementioned Keck and Mrthouard judgment (43).

_**d)**_ _•_ _**Systematic**_ _**frontier checks**_ _**on**_ _**exports**_ _of_ _**skimmed-milk**_ _powder_ _(4A)_ _._

**86.** **In** line with its "Simmenthal" case-law, the Court held that Community legislation (45) on
arrangements for the payment of aid for skimmed-milk powder intended for animal feedingstuffs on the territory of another Member State had to be interpreted as meaning that it did not
permit the carrying-out of systematic frontier checks - in this case in Germany designed to
ensure compliance with the conditions regarding the composition and quality of skimmed-milk
powder to which the granting of export refunds was subject. However, that legislation did not
prevent sample checks from being carried out

_**e)**_ _**Free**_ _movement of articles made of precious metal_ - _compulsory hallmarking_ (46)

87. In line with its "Robertson" case-law (47), the Court held that a Member State - in this
case the Netherlands - could prohibit the sale of metal articles not stamped with a hallmark
meeting the requirements of the rules it had laid down where such articles had not been
stamped, in the Member State of exportation, with a hallmark containing information equivalent
to that provided by the hallmarking prescribed by the rules of the Member State of importation
and intelligible to consumers of that State.

**Technical harmonization and standardization**

**A.** **Adoption** **and implementation of legislation in the various sectors**

88. The application of the Treaty provisions and of the principle of mutual recognition constitute the foundation of the single market. However, in many areas, they are not, in themselves,
sufficient to guarantee the free movement of goods. For this reason, the Community has
developed a body of secondary legislation designed to eliminate technical barriers and ensure
free movement. In the course of 1994, certain legislative measures required to ensure the
proper functioning of the single market or to adapt existing provisions to technical change were
adopted, while the Commission continued and intensified its activity designed to ensure effec

**(42)** **Judgment of** **the** Court of 2 June 1994 in joined Cases C-69/93 and C-258/93 (1994] ECR I-2355.

**(43)** **Judgment of the** Court of 24 November 1993 in joined Cases C-267/91 and C-268/91 [1993] ECR I 6097; see
**point 77 of** **the** **1993** report.

(44) **Judgment of** **the** Court **of** 22 June 1994 in Case C-426/92 [1994J ECR I-2757

**(45)** **Regulations** (EEC) Nos **1** 624/76*. 1725/79* and 1726/79*.

(46) Judgment of the Court of 15 September 1994 in Case C-293/93 [1994] ECR I-4249.

(47) Judgment of the Court of 22 June 1982 in Case 220/81 [1982] 7349-2363

THE SINGLE MARKET IN 1994

32 PART TWO - DETAILED REVIEW

tive implementation and enforcement of the legislation, including the publication of the first
edition of the "Guide to the new approach directives".

_a)_ _Agricultural_ _products_

89. In the veterinary and zootechnical sector the internal market programme has led to the
establishment of a significant and coherent set of legislation governing animal health,
zootechnics and animal welfare questions relating to live animals and animal products.
Although a number of implementation decisions remain to be adopted, harmonized conditions
already exist for the internal movement and for the import from third countries of live animals
and animal products. A number of proposals to update and/or improve existing legislation are
under examination in the Council. In the field of crop products arid animal nutrHion,<^nrrmunity
regimes, adapted to the requirements of the internal market, exist for seeds and propagating
material, plant health, animal nutrition, pesticides, pesticide residues and organic farming. In
some cases, further measures to refine and update these regimes are under examination in the
Council or in preparation.

Veterinary Legislation

 - _Legislative developments_

90. _Animal health -_ In June the Council adopted Decision 94/370/EEC* comprising a series
of amendments to Council Decision 90/424/EEC* on expenditure in the veterinary sector, which
will permit better strategic planning and utilization of Community funds in combating animal
diseases. The Council also adopted a Directive amending Council Directive 64/432/EEC* on
health problems affecting intra-Community trade in bovine animals and swine.

91. _Public health_ - Harmonized hearth rules on the health requirements for the placing on the
market and importation of animal products (meat, meat-based products, dairy products and
fishery products) are in place. In December the Council adopted Directive 94/65/EC* concerning the placing on the market of minced meat and meat preparations and Directive 94/71/EC*
amending the rules on the production and placing on the market of raw milk, heat-treated milk
and milk-based products.

In December the Council adopted Decision 94/936/EC* amending Decision 90/218/EEC* and
prolonging until 31 December 1999 the moratorium on the administration of bovine somatotrophin to dairy cows, while providing the possibility for Member States to organize limited trials to
obtain further scientific data.

In February the Council adopted Decision 94/117/EC* conceming certain small establishments
to ensure the distribution of fisheries products in Greece.

92. _Zootechnics_ - In June the Council adopted Directive 94/28/EC* fixing the principles for
the zootechnical and genealogical conditions for the import from third countries of animals,
their semen, ova and embryos, and amending Directive 77/504/EEC*.

 - _Implementation_ _and enforcement of legislation_

93. _Transposai_ - In the veterinary field, the situation regarding directives dealing with the
abolition of physical inspections at frontiers has improved considerably since only Ireland has
not yet taken the necessary legislative measures.

The situation conceming the other veterinary directives varies from Member State to Member
State and from directive to directive, but, in general, there are many delays which are difficult
to reduce.

Thus, delays in the transposai by the Netherlands of directives in the field of artificial insemination and reproduction were not resolved until the end of 1994, despite the judgment by the

THE SINGLE MARKET IN 1994

**PART TWO - DETAILED REVIEW** **33**

Court of Justice of 2 August 1993 (48) censuring that Member State for failure to communicate
any measures incorporating Directives 87/328/EEC*. 88/661/EEC*. 89/361/EEC*, 90/118/EEC*
and 90/119/EEC* into national law.

94. _Administrative cooperation_ - The implementing rules in the veterinary and zootechnical
sector are applied within the framework of the Standing Veterinary Committee and the Standing
Committee on Zootechnics. These committees, on which the Member States are represented
by the appropriate experts, meet for at least five days a month and operate in the same way as
regulatory committees. They delivered well over two hundred opinions in 1994. In addition
there are regular technical meetings with representatives of the Member States in legislation or
expert sub-groups addressing particular issues.

The programme for the exchange, of. veterinary officers between trje. Member States has
continued, focusing in particular on harmonizing the inspection techniques used àt the
Community's external frontier posts.

95. _Enforcement of rules on animal health_ - The setting-up of the new regulatory framework
for the veterinary inspection of live animals and the abolition of internal border controls has
been followed by a significant increase in movements of live animals. The ANIMO system,
connecting more than two thousand local units in the twelve Member States, now fully meets its
objectives and provides advance information to the point of destination Of the arrival of animals
in the Member State of destination. The number of messages transmitted through the ANIMO
system rose rapidly during 1994, with 125 000 messages during the second half of the year
from a total of 160 000.

The Commission has continued to apply measures to restrict trade in and import of live animals
and products to avoid the spread of disease, especially foot-and-mouth disease, classical swine
fever and swine vesicular disease. Action was also required to restrict imports from Australia
following an outbreak of a serious equine disease.

96. _Enforcement of rules on public health -_ Following an outbreak of trichinae in France, the
Commission had to take measures to reinforce the testing requirements on horse-meat from
North America pending the results of scientific study. Following an opinion from the Scientific
Veterinary Committee, Directive 94/59/EC* was adopted, amending the trichina testing
arrangements for imported and Community horse-meat.

97. _Scientific Cooperation -_ Scientific cooperation with experts from the Member States is
organized by the Commission within the framework of the Scientific Veterinary Commitfee set
up on 30 July 1981. The Committee comprises three sections: animal health, public health and
animal welfare. In addition to plenary sessions, numerous sub-groups meet at the Commission's request. During 1994 the Committee examined, among other subjects, the testing
requirements for trichinae, and continae, and continued to monitor and advise on the situation
with regard to bovine spongiform encephalopathy (BSE).

98. _Cooperation with Industry_ - The Commission consults the profession via the Advisory
Veterinary Committee, which is made up of representatives of agricultural producers, agricultural cooperatives, industry, commerce, workers' and consumers* organizations and the veterinary profession. Subjects addressed during 1994 included provisions for the placing on the
market of fresh meat and the rules governing small slaughterhouses.

Plant Health

 - _Legislative developments_

99. The new plant health regime was extended to the Canary Islands from 1 January 1995
by Council Directive 94/13/EC* amending Directive 77/93/EEC* establishing the piant health
regime.

**(48)** **Judgment of the Court of 2 August** **1982** **in Case C-303/92, ECR** **I-4739**

THE SINGLE MARKET IN 1994

34 . PART TWO - DETAILED REVIEW

This Directive also adapted the same Directive to provide for derogations from certain plant
health rules in respect of trials, scientific and varietal selection work, the movement of small
quantities of plants, plant products and other objects for personal use, and the growing, production or use of such material in frontier zones between Member and non-Member states.

Commission Directive 94/3/EC* established a procedure for the notification of interception of a
consignment or a harmful organism from third countries presenting imminent phytosanitary
danger.

Consolidation of Community legislation in this area is due to be completed by the end of 1995.

100. _Seeds and Propagating Material_ - Despite early harmonization in this area, certain
aspects of seed quality legislation had to be updated to ensure total compatibility with the internal market-.The Commission made a proposal to the Council to this end which 'was actively
discussed during 1994 and is expected to be adopted early in 1995 (49).

Intensive work has been undertaken throughout the year on the consolidation of the seven
basic directives on the marketing of agricultural and vegetable seed, which should be
completed by the _end_ of 1995.

101. _Pesticides_ - In 1991 the Council adopted Directive 91/414/EEC*. which contains the
basic rules under which pesticides will circulate in future in the European Community. A
number of provisions which were necessary to make the regime fully operational were adopted
in 1994. In particular, in July the Council adopted Directive 94/43/EC* establishing the principles to be applied by Member States in authorizing plant protection products.

Work is being undertaken to harmonize the data requirements for acceptance of active
substances and plant protection products. Proposals are being prepared to include in Directive
91/414/EEC* a fee scheme to cover the costs of evaluating active substances and to include
appropriate genetically-modified organisms in the scope of the Directive.

In June 1994 the Council adopted Directives 94/29/EC* and 94/30/EC*, which provide for the
establishment of maximum pesticide residue levels in a wide range of agricultural products.

On 11 November 1994 the Commission made a further proposal to the Council to develop the
list of pesticide residue levels covered by Community measures (50).

102. _Organic farming_ - With regard to organic farming, the Commission adopted several
implementing measures under the basic Regulation (EEC) No 2092/91* and the Council
continued its examination of the Commission's earlier proposal to improve the regime's functioning in the light of the first year's experience (51). On 20 June the Council adopted Regulation (EC) No 1468/94* delaying for one year the current provisions conceming the labelling of
products under conversion.

A proposal to include animal products in the scope of the Community regime is in preparation
and should be submitted to the Council in 1995.

103. _Plant variety rights -_ In the field of plant variety rights, the Council adopted Regulation
(EC) No 2100/94* on Community plant variety rights. This measure was initiated by the
Commission in the White Paper.

The Regulation provides for an intellectual property right for a new plant variety with effect
throughout the territory of the European Union. Such protection will be granted by the future
Community Plant Variety Office, the location of which has yet to be determined. The Regulation will enter into force on 27 April 1995.

**(49)** **COM(93)** **598 of 26 November** **1993** **(OJ C 29,** **31.12.1994).**

**(50)** **COM(94) 482 of** **11** **November** **1994.**

**(51** **)** **COM(93) 558 of 12 November 1993 (OJ C** **326,3.12.1993)** **as amended by** **COM(94)** **292 of 7 July 1994 (OJ C** **222,**
**108.1994).**

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 35

104. _Animal nutrition_ - On 22 July the Commission adopted Directive 94/40/EC* adapting the
guidelines for the evaluation of additives to cover two new categories of additives, enzymes
and microorganisms, and on 25 July Directive 94/39/EC* establishing a list of intended uses of
feedingstuffs for particular nutritional purposes (commonly referred to as "dietetic feedingstuffs"), to define clearly the intended uses, nutritional characteristics and conditions of use
permitted. A proposal was submitted to Council during the year fixing specific rules for raw
materials used in feedingstuffs (52) and the Council for its part continued its examination of the
Commission's earlier proposals conceming a modified procedure for the admission of certain
classes of additives (53), the officiai inspection of feedingstuffs (54) and the approval of certain
categories of establishments operating in the feedingstuffs sector (55).

The imminent adoption by the Council of three proposals conceming official controls in animal
nutrition*, the licensing pf certain establishments operating in the animal, feed sector.and the.
fifth amendment to Directive 70/524/EEC* conceming additives in animal nutrition,' which
establishes a new procedure for the authorization of additives, will provide a reinforcement of
the safety conditions and an important contribution to the free circulation of all products
intended for animal nutrition.

On 20 July 1994 the Commission submitted a proposal to the Council conceming labelling
declarations on feed materials (56) with a view to preventing the possible distortion of trade due
to the lack of harmonized rules.

A new proposal establishing the rules for authorization and use of particular feed materials
derived from non-conventional products or technologies is anticipated by July 1995 in order to
ensure the safety of use of feedingstuffs.

Discussions are taking place with national experts with a view to submitting a Commission
proposal during 1995 to reformulate and update Directive 70/524/EEC* conceming additives in
feedingstuffs as a result of developments in scientific or technical knowledge.

- _Implementation and enforcement of_ _legislation_

105. _Transposai_ - In the plant-health sector, the new Community rules on protection measures
against the introduction into the Community of organisms harmful to plants and plant products
and against their propagation within the Community have been in force since 1 June 1993.
Apart from a number of recent amending directives, all the essential directives in this field have
been transposed except by Greece.

On the other hand, as regards seeds and seedlings, delays in transposai have become
substantial, except in Denmark, Ireland and the Netherlands, and the Commission has had to
initiate infringement proceedings under Article 169* of the Treaty against the Member States
concerned.

106. _Administrative and scientific_ _co-operation_ _-_ Co-operation is ensured through the relevant
regulatory committees and numerous dependent committees of experts and working groups
(see p. 71 of 1993 Report).

Additionally, in the plant health area, committee work is complemented and supplemented by
the activities of the Community Inspectorate, whose work during 1994 focused on verifying the
correct application by the Member States of the new plant health regime which came into force
on 1 June 1993.

Some difficulties have been encountered in the interpretation of the legislation by a number of
Member States, resulting in further clarification by the Commission of certain definitions used
in the area of plant-health controls

(52) COM(94) 313 of 20 July 1994 (OJC 236, 24.8.1994).

(53) **COM(94)** 372 **of** 3 August 1994 (OJ C 242, 30.8.1994).

(54) **COM(93) 510** **of** 21 October 1993 (OJ C 313.19.11.1993) as amended by COM(94) 371 of 3 August 1994 (OJ C
**242,** **30.8.1994).**

(55) **COM(93)** 587 **of** 26 November 1993 (OJ C 348, 28.12.1993)

(56) COM(94) 313 of 20 July 1994 (OJ C 236, 24.8.1994).

THE SINGLE MARKET IN 1994

36 PART TWO - DETAILED REVIEW

Inspection visits have also been made to various third countries, in particular those known to
have exported material to the Community that did not comply with Community legislation.

107. The third phase of the "Europhyt" project was launched in July 1994 and is scheduled to
end in July 1995. The aim of this project is to:

     - organize and implement a network of mutual notification and exchange of information
conceming the interception, appearance and/or presence of organisms harmful to
plants and plant products;

     - establish a database of technical and biological information for national inspectors
and Community experts.

The pilot database for managing third-country notifications is already operational and statistics
.of notifications received can be generated automatically. At. the end of the.third phase it will be
possible to update and consult the database for managing third-country notifications direct frorh
the Member States and _to_ update the database automatically with statistics on the notifications
exchanged.

Completion of this project will greatly facilitate the joint efforts by national and Community
authorities to combat harmful organisms, thereby helping to ensure the safety and quality of the
fiu'rt, vegetables, flowers and plants sold to the European consumer.

108. _Enforcement of plant health rules -_ Overall the new plant health regime which came into
force in June 1993 has achieved its main objective - to ensure the free movement of plants and
plant products whilst at the same time safeguarding plant health. A need has been identified for
further standardization and clarification of certain implementing measures to ensure uniformity
of application. Key areas of concern are procedures for notification of interception of harmful
organisms, charging systems for plant passporting activities, customs procedures for identification and initial interception of material of plant-health concern from third countries.

109. _Enforcement of rules on pesticides -_ With the completion of the arrangements for the
placing on the market of plant protection products, Member States have started to work on the
first phase of the programme for the re-evaluation of existing active substances contained in
such products.

Remaining differences in Member States' pesticide residue standards, which have not yet been
harmonized, could result in trade problems. The situation will improve with the gradual
harmonization of legislation on pesticide residues. Meanwhile, the Commission has proposed a
conciliation procedure for resolving trade problems which may arise as a result of the absence
of harmonized maximum pesticide residue levels.

Complaints

110. Obstacles to the free movement of agricultural products brought to the Commission's
attention during 1994 consisted, first, of technical barriers such as the fixing at too low a level
by the German authorities of maximum permissible concentrations for certain contaminants in
olive oil, and the fixing by the Italian authorities of limits for pesticide residues for medlars
below those laid down by Community rules and, second, of the retention of administrative
requirements abolished by the "White Paper" directives, such as the requirement by the Italian
authorities for a health certificate for fresh meat, and that for prior authorization for transport on
French territory of live animals from other Member States intended for export to third countries.

_b)_ _Foodstuffs_

_*_ _Legislative Developments_

111. The most significant achievement of 1994 was the adoption by the Council on 30 June
1994 of Directive 94/35/EC* on sweeteners and Directive 94/36/EC* on colours, and the adoption by the Council on 15 December 1994 of the Directive on additives other than colours and

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 37

sweeteners. Implementation of these directives will remove barriers to trade within the internal
market resulting from different national rules conceming the use of additives, which constitute a
significant proportion of the complaints received by the Commission relating to the free movement of foodstuffs. The Council also adopted in June an amended version of the framework
Directive 89/107/EEC* on food additives (Directive 94/34/EC*) in order to allow Member States
to maintain their legislation on the prohibition of use of additives in traditional products subject
to certain conditions.

112. In addition, the Council and Parliament adopted Directive 94/52/EC amending Directive
867344/EC on extraction solvents.

113. During the course of 1994, the Commission continued its review of the detailed provisions of Community food legislation.requested by the Edinburgh summit with a view to rationalizing and simplifying the Community rules applicable to coffee.extracts, sugars, preserved
milks, honey, fruit juices and nectais, chocolate and jams, jellies and marmalades. The
Commission has decided to cease work on the elaboration of certain specific directives relating
to foodstuffs for special nutritional purposes and has proposed to delete the references to
low-sodium foodstuffs, gluten-free foodstuffs, foods for diabetics and high-energy foodstuffs for
sportspersons from the list of specific directives contained in the annex to Directive
89/398/EEC*. In addition, the Commission has presented a proposal to update the provisions of
Directive 80/777/EEC* relating to natural mineral waters.

114. In April, following Parliament's opinion, the Commission presented a revised proposal for
the amendment of Directive 79/112/EEC* relating to food labelling. This proposal contains
several important provisions for the elimination of remaining technical barriers to trade in the
foodstuffs sector, notably in respect of the quantitative labelling of ingredients, and the inclusion of the list of ingredients on the labelling of alcoholic drinks.

 - _Implementation and enforcement of legislation_

115. As in previous years, high priority has been given to the development of administrative
cooperation between the Member States in the foodstuffs sector. A third coordinated
programme for the control of foodstuffs was established on 12 January 1995 on the basis of
Directive 89/397/EEC* on the official control of foodstuffs. Furthermore, the Commission took
the first steps towards the introduction of a system for monitoring and evaluating the equivalence and effectiveness of the official food control systems operated by the Member States; the
first missions to individual Member States were scheduled to take place in early 1995. In addition, it was possible to use the network of contacts established within the framework of the
Standing Committee for Foodstuffs to resolve several questions relating to the implementation
and application of Community law, and, as necessary, bilateral meetings were organized
between Member States to consider specific problems for the functioning of the internal
market.

116. In the field of food hygiene, the Commission used for the first time the powers conferred
by Article 10 of Directive 93/43/EEC* to take measures to protect the Community market from
serious health risks arising in third countries. Following an outbreak of cholera in Albania,
temporary measures were taken to prevent the importation of certain foodstuffs which could act
as a vehicle for transmitting the disease.

117. In order to prevent the emergence of new barriers to trade within the internal
market, Directive 79/112/EEC* on food labelling, Directive 93/43/EEC* on food hygiene and
Regulation (EEC) No 315/93* lay down specific procedures by which Member States are
required to notify draft legislation to the Commission. During 1994, the Commission decided to
block the adoption of several such measures in order to allow time for.appropriate provisions to
be adopted at Community level.

118. The Commission also drew up the first detailed inventory of tasks to be undertaken in the
field of scientific cooperation between the Commission and Member States. Scientific institutes
from the Member States will consequently participate in the examination of questions relating

THE SINGLE MARKET IN 1994

38 PARI TWO DETAILED REVIEW

to flavouring substances and the chemical or microbiological contamination of food, and studies of dietary intakes in the Member States.

119. Finally, the Commission has initiated studies on the implementation of Community food
legislation. The results should make it possible to identify any specific problems resulting from
non-transposal or incorrect implementation of the legislation by Member States.

_c)_ _Mechanical and electrical engineering, pressure vessels, medical equipment_ _and_
_measuring_ _instruments_

- _Legislative developments_

120. Legislative activity was continued and resulted in:

   - the adopiion bv the European Parliament and the Council of:

       - Directive 94/9/EC* conceming equipment and protective systems intended for use
in potentially explosive atmospheres: this Directive replaces the existing 'old
approach' directives (i.e. detailed technical rules) requiring continual adaptations
to technical progress, and extends the scope of Community law beyond electrical
products to include all equipment and protective systems intended for use in
potentially explosive atmospheres;

     - the adoption bv the Commission of:

       - Directive 94/26/EC* adapting to technical progress Council Directive 79/196/EEC*
concerning electrical equipment for use in potentially explosive atmospheres;

       - Directive 94/1/EC* adapting to technical progress Council Directive 75/324/EEC*
on aerosol dispensers

- _Implementation and enforcement of_ _legislation_

121. In 1994 the Commission stepped up its activities relating to the implementation and
enforcement of directives covering these different fields, in particular by increasing the number
of exchanges of experience between the certification bodies designated by the Member States
for the implementation of the directives, and by continuing its work with the Member States with
a view to distributing implementation guides for each directive.

122. It also published lists of notified bodies and harmonized standards in the Official Journal
of the European Communities. Progress on notifications concerning the certification bodies at
the end of January 1995 demonstrates that the bodies are now in place to enable the 'new
approach' directives to be implemented effectively (57).

Although there has been a delay in the adoption of harmonized standards in some sectors
(machinery), this is an isolated occurrence (personal protective equipment). The delays are due
mainly to lack of industry involvement.

123. In addition, consultations with experts in the Member States have continued in each
sector with a view to determining the needs and possible procedures for cooperation between
the authorities responsible for market supervision. Progress has been slow because the 'new
approach' directives are just beginning to enter into force. Thus, national administrations have
focused on the difficulties in interpreting the directives.

(57) Directive 87/404/EEC* - simple pressure vessels
Directive 89/3367EEC*     - electromagnetic compatibility
Directive 89/392/EEC*     - machinery
Directive 89/686/EEC*     - personal protective equipment
Directive 90/384/EEC*     - non-automatic weighing instruments
Directive 90/385/EEC*     - active implantable medical devices
Directive 90/396/EEC*     - gas-burning appliances
Directive 93/42/EEC*     - medical devices

THE SINGLE MARKET IN 1994

PART TWO-DETAILED REVIEW 39

The Commission has also continued its action under Article 169* of the EC Treaty in order to
ensure that the directives are effectively and correctly transposed and properly enforced.

_d)_ _Construction_ _products_

**124.** Directive 89/106/EEC* on construction products has been transposed by eleven Member
States, and Belgium has presented draft legislation which should soon be signed by the Head
of State.

As part of the implementation of this Directive, on 30 January 1994 the Commission, after
obtaining the opinion of the Standing Committee on Construction, adopted a communication
with' regard to the six interpretative documents (58) setting out in detail the six essential
requirements in the Directive.

These documents are neither regulations nor technical specifications. They are information and
reference documents providing the indispensable link between the essential requirements
conceming construction works and technical specifications (harmonized standards and European technical approvals) for construction products. The interpretative documents constitute
the indispensable basis for formulating mandates for standardization and guidelines for European technical approvals.

In addition, in September 1984 the Commission adopted a decision on the classification of
products according to their reaction to fire (59).

These various decisions enabled the Commission to finalize the first mandates for standardization for specific product groups, which have been sent to the European Standards Organizations.

The effective application of this Directive is based on the adoption of European technical
specifications. The standardization bodies are carrying out important work to this end.

_e)_ _Motor vehicles_

**125.** The completion of the internal market in this sector involves the gradual replacement of
a body of national technical rules on construction requirements to ensure the safety of users
and third parties and to protect the environment, by a single body of harmonized rules for the
whole Union. This technical harmonization through specific directives on each vehicle component results in the introduction of a single system of type-approval for vehicles, which will eventually replace all the existing national systems Thus, it will be possible to sell and register
within any Member State a vehicle with a valid certificate of conformity issued under this
system, without any other technical formality.

126. This technical harmonization was completed for private cars in June 1992. The procedure for Community type-approval entered into force on an optional basis on 1 January 1993
for private cars and is scheduled to become compulsory by 1 January 1996. It will be extended
to other categories of vehicle as soon as the last specific directives conceming them are
adopted, a process which is currently under way.

**127.** Following a symposium held in November 1994 on the first applications of the procedure
for Community type-approval, the Commission will prepare a report and will propose, where
appropriate, amendments to rectify any problems in the system.

(58) **OJ** **C 62 of 28 February 1994.**

(59) **OJ L 241 of** **16** **September** **1** 994.

THE SINGLE MARKET IN 1994

40 PART TWO-DETAILED REVIEW

_f)_ _Pharmaceuticals_

128. Completion of the internal market in the pharmaceuticals sector involyed substantial
harmonization of legislation, which was finished at the end of 1992. A major step towards
increased integration of the market was the adoption by the Council in June and July 1993 of
the regulation and the directives concerning the new system of authorization for placing on the
market and the establishment of a European Agency for the Evaluation of Medicinal Products.

The Agency will have its headquarters in London. The Community procedures for authorization
for placing on the market came into force on 1 January 1995. Thus, within a period of eighteen
months, it was necessary to adopt the secondary legislation needed to start the new system
under favourable conditions, not to mention the tasks involved in setting up any new international organization. The Community now has a mechanism providing easier and quicker access
for medicinal products to the single market while guaranteeing patients assessments of medicines of the highest scientific quality.

129. In March 1994 the Commission sent to the Council and to Parliament a communication
on the outlines of an industrial policy for the pharmaceutical sector in the European Community. In so doing, the Commission wished to attract attention to the difficulties currently facing
this industry. The emergence of new technologies, increases in the cost of research and development for new medicines, the international trend to greater concentration of financial
resources and increased global competition are drastically changing this industry's usual
framework for activity.

At the same time, the Member States are increasing the reforms of their pricing and reimbursement systems with a view to controlling health expenditure. If it is legitimate for the
Member States to seek to limit public expenditure in this way and make the best use of limited
financial resources, the question also arises whether these measures are not likely to have a
serious impact on the future of an industry whose performance is largely determined by
investment today in research and development.

A discussion and guideline document, the communication seeks to create a permanent
dialogue enabling national authorities and their socio-economic partners to engage in a
substantive debate on the causes of the decline of the European pharmaceutical industry and
on the measures to be adopted by the Community and by the Member States in order to
remedy the situation. It calls on the Member States, in the fields for which they have direct
responsibility, to take the measures capable of guaranteeing both balance in the systems for
financing pharmaceutical expenditure and the long-term pursuit of therapeutic innovation by
the European pharmaceutical industry.

_g)_ _Narcotic drugs and psychotropic_ _substances_

130. The aim of Council Directive 92/109/EEC* on the manufacture and placing on the market
of certain substances used in the illicit manufacture of narcotic drugs and psychotropic
substances is to set up intra-Community surveillance of these substances in order to prevent
their being diverted from lawful trade.

The Directive includes provisions on the monitoring of the placing on the market of classified
substances, in particular with regard to the documentation accompanying each operation leading to placing on the market, and labelling of substances. It also contains provisions on administrative cooperation between the competent authorities in each Member State.

The deadline for transposing the Directive, and for Directive 93/46/EEC* introducing technical
amendments, was 1 July 1993. To date, Belgium, Greece, Ireland and the United Kingdom
have communicated measures incorporating the two Directives into national law, and Denmark
has notified only the transposai of Directive 92/109/EEC*. The consequences of the delay in
transposai in most of the Member States may be serious. If Member State A, in accordance
with the Directive, makes placing on the market subject to authorization, and the delay in
transposai in Member State B means that these authorizations are not in place, Member State
A will not be able to accept the placing on the market of products from Member State B.

THE SINGLE MARKET IN 1994

**PART TWO - DETAILED REVIEW** **41**

_h)_ _Chemical products_

131. Large and small firms operating in the chemicals, plastics and rubber sectors perceive
that the single market is very much a reality. This single market comprises not only the twelve
Member States but also the EFTA countries so that the effective internal market is the European Economic Area and Switzerland. Some 100 000 substances and several million preparations move freely within this market. The remaining problems concern:

   - the control exercised by governments over exports of precursors for chemical weapons, an area in which industry is disappointed that the Commission was unable to
persuade Member States to have a fully harmonized system at Union level;

     - a very limited number of cases where there are scientific uncertainties leading to

     - ^«disagreement among Member States about the danger posed by certain substances.

 - _Special_ _anrangements_ _for free movement_

132.. Three amendments to Directive 76/769/EEC* limiting marketing and use of dangerous
substances and preparations were adopted during 1994. Their purpose is to maintain the single
market in the goods in question while ensuring a high level of protection for consumers, and, in
the case of the fourteenth amendment, for workers too.

     - The twelfth amendment limiting nickel lays down harmonized rules for the use of
nickel in objects coming into contact with the skin, such as jewellery. It provides a
high level of protection for consumers against nickel allergy whilst maintaining a
single market in the products concerned. It was adopted in June 1994 and will enter
into force when CEN has developed the necessary test methods to be used in
demonstrating the conformity of the products with the Directive.

     - The thirteenth amendment lays down harmonized rules for the use of flammable
gases in aerosol products likely to be accessible to children such as artificial snow,
silly string, etc. It provides a high level of protection against fire, at the same time
maintaining a single market in the products concerned. It was adopted in November
1994 and will enter into force when test methods are available, towards mid-1996.

     - The fourteenth amendment deals with creosote, substances which are carcinogenic,
teratogenic and toxic for reproduction (referred to as CMT substances - carcinogenic,
mutagenic and toxic for reproduction) and certain chlorinated solvents, and lays down
harmonized rules for the marketing of these products. It provides a high level of
protection for consumers, workers and the environment against the risk of cancer
from creosote; by prohibiting the sale to the general public of all chemicals classed as
CMT (categories 1 and 2) and of seven chlorinated solvents, it makes an important
contribution to protecting public health. The Directive was adopted in December 1994
and will enter into force towards mid-1996.

     - A proposed sixteenth amendment would phase out the use of hexachloroethane by
the non-ferrous metals industries. It is a transposai into Community law of two Decisions of the Paris Commission (PARCOM) which have been adopted by some
Member States and not by others. By providing for harmonized rules it will preserve
the single market whilst providing a high level of protection for the environment. The
proposal was adopted by the Commission in December 1994.

 - _Single market problems_

133. There is evidence of problems regarding the single market in toxic and very toxic
substances, substances containing dioxins and asbestos products.

     - Some Member States prohibit the marketing of toxic and very toxic substances to the
general public; the question may be examined by experts in 1995 with a view to a
possible directive.

THE SINGLE MARKET IN 1994

**42** **PART TWO - DETAILED REVIEW**

     - Technical barriers have resulted from German limits on dioxins in chemicals
(Dioxinverbotverordnung) and from bans on asbestos by Germany, Denmark, the
Netherlands, and Italy. The diversity of national approaches in these areas is likely to
make progress difficult.

    - In cases of harmonized rules under Article 100a*. newly adopted on the basis of a
qualified majority, there is an increasing tendency for Member States to seek derogations from the harmonized rules under Art. 100a(4)*. A precedent for such action was
recently established by Commission Decision 94/783/EC* allowing Germany to derogate from Council Directive 91/173/EEC* on the restrictions on marketing and use of
pentachlorophenol.

_i)_ _Explosives'_ . ' " ' " " • _'_ - - • • ' • •

 - _Legislative developments_

**134.** The single market in the field of **explosives for civil uses** was completed with the entry
into force on 1 January 1995 of Council Directive 93/15/EEC* on the harmonization of the
provisions relating to the placing on the market and supervision of explosives for civil uses.

This Directive contains two types of provision:

     - First, it contains provisions on the placing on the market of explosives, using the 'new
approach'. Initial work on standardization began in CEN in September 1993 with a
view to allowing European standards to be drawn up with a presumption of conformity
with the essential requirements.

     - Second, it introduces a mechanism for monitoring transfers of explosives and
ammunition within the Community. These checks are no longer carried out as checks
at internal frontiers but solely as part of the normal checks carried out in a
non-discriminatory way, throughout the Community. In order to transfer explosives,
the recipient must obtain an authorization for the transfer from the competent authority in the place of destination. The competent authority ensures that the recipient is
legally empowered to acquire explosives and that he is in possession of the necessary licences or authorizations. The transit of explosives via the territory of one or
more Member States must be notified by the persons responsible for the transfer to
the competent authorities in that (those) Member State(s), whose approval is
required. The Directive also contains specific instructions for cases where the transfers of explosives must comply with specific safety requirements.

 - _Implementation and enforcement of the legislation_

135. Although all the provisions of Directive 93/15/EC* have been in force only since
1 January 1995, the Member States had to introduce the provisions necessary to comply with
the rules on the transfer of explosives by 30 September 1993, and the provisions transposing
the other aspects of the Directive by 30 June 1994.

So far only Luxembourg, the Netherlands and the United Kingdom have notified the transposai
of all the provisions of the Directive (Belgium, Germany, Denmark, Italy, and Ireland have notified partial transposai). However, a detailed examination of the contents of the transposai in
Luxembourg still has to be carried out.

**136.** The effective operation of Directive 93/15/EC* requires cooperation among the public
authorities involved in its application. The main aspects of this cooperation are:

     - Article 5, which provides that disagreement over whether harmonized standards
satisfy the essential requirements of the Directive shall be brought before the Directive 83/189 Committee;

     - Article 9(4), which provides that where a Member State considers that there is a
problem regarding the verification of the entitlement to acquire explosives, that

THE SINGLE MARKET IN 1994

**PART TWO-DETAILED** **REVIEW** **43**

Member State shall forward the available information on the subject to the Commission, which will put the matter before the Explosives Committee.

Article 12, which sets up an information exchange network on transfers of explosives
and ammunition.

_J)_ _Toys_

**137.** The fifteen Member States have incorporated Directive 88/378/EEC* on the safety of
toys into national law. Its implementation has not given rise to any major problems and it has
achieved its objective of the free movement of products. But the assessment of. the operation
of the market-control mechanisms on the conformity of Joys with, essential safety requirements
must be qualified. The market-control mechanisms were correctly introduced by the Member
States. However, according to the information available to the Commission, market controls
are not being carried out in the same way throughout the European Union, and the consequence is variable effectiveness depending on the Member States concerned.

**138.** This information comes from two sources. First, the Directive requires the Member
States to submit to the Commission every three years a report on the application of the Directive in their country. To date, and despite a reminder from the Commission, only Spain,
Denmark, Germany, the Netheriands, the United Kingdom and Portugal have submitted such a
report. Second, the Commission is notified of certain measures to withdraw or restrict the placing on the market of toys regarded as not complying by the supervisory authorities through
notifications that it receives on a regular basis from some Member States under the safeguard
clause in Directive 88/378/EEC*. During the period 1990-1994, the safeguard clause was used
one hundred times. The Commission considered that ninety-seven times, or almost all cases,
were justified, and it informed all the Member States immediately. Ninety-five notifications were
made by the United Kingdom; one notification was made each by Germany and Denmark.

To these must be added the notifications made under the RAPEX system and dealt with under
the safeguard clause in Directive 88/378/EEC* since the Commission took the view that the risk
represented by the toys in question was not serious and immediate. Seven notifications, one
Danish, two German, two from the United Kingdom and two from Portugal, were also redirected.

139. The Commission finally received notification from Germany under the safeguard clause
in Directive 87/357/EEC* conceming products which, appearing to be other than they are,
endanger the health or safety of consumers _Ç_ Dangerous imitations" Directive), which it also
dealt with under the safeguard clause in Directive 88/378/EEC*.

Cases of toys notified for failing to conform to safety requirements concern essentially imports
from third countries, mainly in Asia.

_k)_ _Footwear_

**140.** Community legislation on footwear labelling was drafted in response to the concerns of
industry; there had been hundreds of complaints due to the serious obstacle to the free movement of footwear in the EC caused by the existence of divergent national laws in France and
Spain, and the likelihood that other Member States would enact similar measures.

After extensive examination and consultation with all parties concerned, it was found that the
varying national laws and practices were likely to create barriers to trade. Neither the application of Articles 30 et seq.* of the Treaty, recognition between Member States of existing legislation, nor voluntary harmonization within the industry (which furthermore would not apply to
imports from third countries, which account for 46% of consumption) seemed able to eliminate
the bamers satisfactorily. The consensus was that a Directive to facilitate the free circulation of
footwear and to provide a high level of consumer protection and information was the most
effective way of resolving the unsatisfactory situation.

THE SINGLE MARKET IN 1994

44 PART TWO - DETAILED REVIEW

The Commission presented a proposal providing for the presentation of information on the
constituent materials of footwear by means of agreed pictograms or a series of harmonized
written indications. The Directive (94/11/EC*) was adopted by the Council on 23 March 1994. It
enjoys the support of consumers and has been publicly welcomed by the footwear and leather
industries, and the retail and distribution sectors. It will enter into force on 23 March 1996.

_**I)**_ _**Cosmetics**_

**141.** Although Directive 76/768/EEC* relating to cosmetic products is one of long standing
which has been regularly amended to take account of technical advances, the situation
conceming. its [inco.rpora.tion](http://inco.rpora.tion) into national law is stijl not entirely satisfactory. Some Member
States' legislation still contains market-control measures which are incompatible with the Directive. Accordingly, the Commission has initiated several infringement proceedings.

Commission Directive 93/47/EEC* of **22** June 1993, adapting to technical progress for the
sixteenth time Directive 76/768/EEC, entered into force on 30 June 1994. The aim of this
Directive is to either prohibit or allow definitively, or allow temporarily, a number of substances,
preservatives and ultra-violet filters in the composition of cosmetic products. A Directive
adapting to technical progress for the seventeenth time Directive 76/768/EEC was adopted in
1994 (Directive 94/32/EC*).

In addition, Directive 93/35/EEC*. amending Directive 76/768/EEC* for the sixth time, which is
not due to enter into force until 14 June 1995, has already been transposed by a number of
Member States.

_m)_ _Cableway installations_

**142.** On 31 January 1994 the Commission adopted the proposal for a European Parliament
and Council Directive relating to cableway installations designed to carry passengers. This
proposal is currently being examined by the Council's Working Party on economic questions.
Parliament has not yet delivered its opinion. A mandate for a programme of standardization is
being earned out by CEN/CENELEC/ETSI.

_n)_ _Recreational craft_

**143.** Directive 94/25/EC* on the approximation of the laws, regulations and administrative
provisions of the Member States relating to recreational craft was adopted on 16 June 1994.

The purpose of the Directive is to abolish the obstacles to trade caused by specific national
laws, and to lay down the essential safety, health and consumer-protection requirements for the
construction of recreational craft. It must be incorporated into national law by 16 December
1995 and the Member States have to apply it with effect from 16 June 1996.

**144.** Harmonized European standards and international standards have a very important role
to play in certifying that products conform to essential requirements. A mandate covering
thirty-three draft standards was given to the CEN in 1993 and 1994, which, for this sector, is
referring to work by the ISO in view of the global nature of the market for recreational craft. A
new package covering some fifteen further draft standards is currently being prepared.

Initially, the recreational craft construction industry strongly encouraged the preparation of a
draft Directive and its adoption by Parliament and the Council. It also played an active part in
technical discussions on standardization.

During the consultations which preceded the Commission proposal, consumer representatives
(owners/users of craft) were in favour of the proposal; following their requests, derogations
were provided for certain traditional' or specific categories of craft, such as house-boats.

THE SINGLE MARKET IN 1994

PART TWO-DETAILED REVIEW 45

**B.** **Standardization policy**

**145.** The continuing development of European standardization remained of importance for the
functioning of the single market. In 1994 some twenty additional mandates were issued, some
completing or revising earlier mandates.

Significant progress has been achieved in the areas of the new approach and public procurement, though much remains to be done. Mandates continue to be issued for new work in both
these areas, though to some extent European standardization is approaching a period of
consolidation here. In information technology and telecommunications a major review of activity is already underway following the issue of the Bangemann Report on the Global Information
Society and the Genval Conference on this topic in November. 1994.

With the development of the single market, European standardization has begun to reach a
critical mass in relation to national and international standardization. Ten years ago, European
standardization was a very small proportion of total work; it now constitutes a significant part of
the activities of the national standards bodies. For instance, ten years ago 80% of new activities taken up by DIN concerned German initiatives, whereas today 80% concern international
or European initiatives. Furthermore, European standards are beginning to be issued on a
substantial scale, with over 300 technical committees working on some 10 000 standardization
projects.

The extent to which European standardization has the support of economic players is indicated
by the fact that, of these 10 000 items, some 3 000 are mandated, the remainder being undertaken at the initiative of European industry. This scale of work is resulting in the issue of
approximately 1 000 European standards per year. While significant progress has been made
on efficiency, and output is impressive, it remains true that issue of standards is still too slow;
further improvement is needed.

**146.** The second amendment to Directive 83/189/EEC* was adopted; it includes an adaptation
to the information system for national standardization activities that will reduce the administrative burden and improve efficiency.

The process of recognition of ETSI as a European standards body is approaching completion
with the listing of the ETSI national standards bodies. The process of designation of these
bodies by the Member States, and the preparation of the necessary further amendment to the_
Annexes to Directive 83/189/EEC*. are under way.

**147.** The Commission has commenced discussions on a review of the way in which European
standardization could be financed over the medium term. This follows up a commitment given
in the Strategic Programme on the Internal Market (60). The review will aim to determine the
nature and extent of the standardization infrastructure that will be needed to meet the needs of
European Union policies, particularly the process of integration of the internal market, and
needs of industry and society as a whole for an open and transparent system for the elaboration of standards, and the way that such an infrastructure should be financed.

**148.** The Commission will shortly issue a communication to the Council and Parliament on the
broader use of standardization in Community policy. The communication will provide an overview of the use of standards in the policies of the European Union, and outline intentions for the
development of the role of standardization in the immediate future. The Council, in a Resolution on the role of standardization in the European economy (61), has encouraged the further
use of standardization as an instrument of European integration and as a technical basis for the
support of legislation, and has called for reference to standards to be used, where appropriate,
in European legislation.

The .Commission has initiated a number of standardization measures outside the main policy
areas in which the use of standards has become established, particularly in energy saving,

**(60)** **COM(93)** **632 final of 22 December** **1993** **(OJ C** **128,** **9.5.1994)**

**(61 )** **OJ C** **173** **of 9 July** **1** 992.

THE SINGLE MARKET IN 1994

46 PART TWO - DETAILED REVIEW

protection of the environment, and analysis of foodstuffs. The development of European standards in these areas will not only advance the European Union's policies in the specific areas
addressed but will also contribute to the integration of the European market through the establishment of commonly accepted specifications.

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

149. A certification policy has been put in place alongside the standardization policy as part of
the process of implementing the Community's technical legislation, in particular the 'new
approach' directives, and to facilitateAhe free movement of good6 generally.

This has had the effect of enhancing the overall consistency of conformity assessment, 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 rules 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.
On 13 July 1993 the Council adopted Decision 93/465/EEC* laying down certain common rules
concerning arrangements for notification and operation.

150. With regard, more specifically, to the problems concerning the affixing of the
common EC conformity mark, in July 1993 the Council adopted Directive 93/68/EEC* introducing a common system of affixing the conformity mark for all the 'new approach' directives.
The Member States had to take the necessary measures to transpose the Directive by 1 July
1994, which was to enter into force on 1 January 1995. In fact, only one Member State, the
Netherlands, has notified the transposition measures amending all twelve directives. Spain had
not notified any measures by 20 January 1995, while Ireland and Greece had each notified a
measure transposing one directive, Luxembourg and Portugal two and the other Member
States (of the twelve) three or four. The necessary infringement proceedings have been initiated.

151. With regard to voluntary certification, Community policy has begun putting into place a
European infrastructure with the aim of ensuring transparency equivalent to that achieved by
the directives, in particular by promoting the same technical instruments. In 1994 the European
Organization for Testing and Certification (EOTC) entered its mature phase. Accordingly, this
organization is now focusing on the promotion of European certification systems to make it
easier to have the results of tests and certificates accepted throughout Europe, where operators
feel that they require such tools to gain access to the market.

In this connection the structural progress should be noted in particular, with the setting-up of
sectoral committees for new sectors such as water, fire and safety of buildings, and the acceptance of new groups of agreement such as for recreational craft. In addition, the EOTC organizes a large number of forums to facilitate discussion of all problems concerning certification,
for example, on the role of accreditation, agreements with third countries and on sources of
information in Europe on testing and certification.

152. These different elements are enabling the Community to establish a uniform and consistent policy towards third countries during current negotiations (see para 330).

153. Quality promotion policy - From now on, the Commission is 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 on a
stronger competitive base.

THE SINGLE MARKET IN 1994

**PART TWO - DETAILED** REVIEW 47

In 1995 the Commission will present a communication, under the White Paper on growth,
competitiveness and employment, on a quality policy for the Community using a two-pronged
approach:

     - improving **the** quality culture of businesses through promotion activities,

    - **redirecting the various activities of public authorities and private services in the qual-**
**ity field towards a common goal under a programme bringing together all the neces-**
**sary tools (finance, budget, infrastructure, etc.).**

**Quality policy for agricultural products and foodstuffs**

**154.** **In** **1992 the Council adopted two regulations which introduced a Community procedure**
**on recognition of the specific character of agricultural products and foodstuffs. The. first deals**
**with products carrying** **designations or** **origin or geographical indications** **(Council Regulation**
**(EEC) No 2081/92*) and the second with certificates of specific character (Council Regulation**
**(EEC) No** **2082/92*).**

**Community work in 1994 relating to the application of these two Regulations was mainly**
**concerned with examining applications for registration of designations of origin and geographi-**
**cal indications notified by the Member States (thirteen hundred cases); the Scientific Commit-**
**tee was** consulted about technical **and legal** questions concerning **these** cases **at** **its** **ten meet-**
**ings and additional information was requested from the Member States.** **With** **regard to certifi-**
**cates of specific character, the Community symbol and indication to be used by producers were**
**defined (Commission Regulation (EC) No** **2515/94*).**

**Prevention and control Instruments**

**A.** **Prevention of new obstacles - Procedure** **83/189/EEC***

_**Information procedure in the field of technical**_ _**standards**_ _**and rules**_

**155.** The information procedure introduced by Directive 83/189/EEC*, in particular with regard
to notification by the Member States of their technical legislation at the draft stage, continues to
prove its worth as basic instrument for preventing obstacles to the exchange of mutual information.

**TABLE IV**

121

88

85

99

Comments

MS COM

184 165

104 80

136 209

137 248

19

4

2

2

Year

1992

1993

1994(62)

1994 (63)

Notifications

362

385

389

442

Detailed opinions
MS COM

66 121

64 88

78 85

79 99

COM

Intention to propose
Art. 9(2) Art. 9(2)a

Art. 9(2)a

25

5

The statistics in the above table show a steady increase in national notifications over the period
since 1992. This sizeable volume of technical legislation is surprising given the activities linked
to the completion of the internal market, with harmonized approaches in strategic areas of the
market. The level of national legislation remains very high. The logical effect of the primacy of
the political objective of the internal market is not evident since Member States are not reducing the number of measures likely to delay or jeopardize the realization of that objective.

**(62)** **Provisional figures calculated on** **1** **March** **1995**

**(63)** **Figures for the** **15** **Member States.**

**THE** SINGLE MARKET IN 1994

48 PART TWO - DETAILED REVIEW

156. In 1994 the Commission's departments continued to ask the national authorities in the
Member States to include mutual recognition clauses in their draft technical legislation affecting
non-harmonized sectors and notified under Directive 83/189/EEC*.

Those requests, which were the subject of detailed opinions under the procedure provided for in
Article 9(1) of the Directive, lead to:

     - clauses on the mutual recognition of national standards, rules and technical specifications;

     - clauses on the mutual recognition of tests and certification stemming from registered
laboratories.

157. On 23 March 1994 the Council and the European Parliament adopted Directive
^/l0/EC* amending for the second time Directive 83/189/EEC*.'It will come info force on

1 July 1995. The amendments are designed to make the instrument more effective by extending the scope of the definition of technical regulations (inclusion of other requirements imposed
on a product after it has been placed on the market, voluntary agreements, tax incentives and
financial measures in the definition of de facto technical regulations), by clarifying certain
procedures (request for application of the emergency procedure) and by extending the duration
of the status quo deadlines (18-month suspension of national measures once the Council has
adopted a common position).

158. In the agricultural sector, 42 draft technical regulations were notified by Member States
and by EFTA countries. The analysis of the draft legislation notified led the Commission to
request in most cases that amendments be made to ensure that its adoption did not create new
obstacles to the free movement of goods. In two cases, a standstill was imposed for 12 months
with effect from the notification, either because of the Commission's intention to present a
proposal to the Council or because the measures proposed were covered by a proposal already
presented.

159. The Commission is continuing to detect, through national publications, technical rules
adopted in violation of the prior notification obligations of Directive 83/189/EEC*. Some 700
items of legislation were analysed to establish whether they should have been notified under
the Directive. Infringement proceedings were initiated in 31 cases in the industrial sphere in
1994. In such cases, Member States normally propose the repeal of the legislation in dispute
and/or notify the Commission, as appropriate, of a new draft However, some refuse to suspend
the legislation in question; four such cases were referred to the Court of Justice in 1994.

**B.** **Control procedures**

_a)_ _General product safety_

160. Directive 92/59/EEC* on general product safety, which is intended to build up confidence
on all sides in the smooth operation of the single market, came into force on 29 June 1994.

Within the framework of the administrative cooperation arrangements, and with a view to
ensuring optimum transposai of the Directive, bilateral meetings were organized with Member
States between November 1993 and February 1994. As a result of those meetings, a seminar
was held on 24 and 25 February, providing an opportunity for experts and representatives from
the Member States and the Commission to hold an informal discussion on the use of the Directive's concepts in national law.

It should be noted, however, that only five Member States (Belgium, Denmark, France, the
Netherlands and the United Kingdom) have so far notified the Commission formally of the
legislation transposing the Directive into national law.

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 49

On 9 August 1994 the Court of Justice rejected the action for annulment brought by Germany
against Article 9 of the Directive under Article 173* of the EC Treaty (64).

_b)_ _Enforcement of the mutual_ _recognition pri_ c v '

161. The Commission considers that the proper operation of the principle of mutual recognition is a fundamental requirement of the internal market if further legislation is to be avoided. It
has therefore put forward a proposal for a procedure to ensure transparency of national measures derogating from the principle of the free movement of goods within the Community (65).
This would result in a requirement for a Member State to notify the Commission and other
Member States..of its decisions taken to refuse free movement to goods.legally manufactured
and/or marketed in another Member State.

The proposal has received a favourable first reading in Parliament but is still under discussion
in the Council. Member States have recently agreed to carry out the procedure on a one-month
trial basis to assess its feasibility in administrative terms.

**§2-Special** **free movement arrangements applicable to the new**
**member countries in the agricultural sphere**

162. In 1993 most of the transitional mechanisms connected with the accession of Spain and
Portugal were dismantled as part of the completion of the single market. However, supplementary trade mechanisms were retained for a very limited number of products and subject to a
system of controls to be carried out other than at frontiers. There is every indication that the
arrangements established have functioned correctly. No complaint has yet been brought to the
Commission's attention.

163. In the case of the accession of Austria, Finland and Sweden, application of the CAP to
the new Member States was arranged for 1 January 1995 specifically to ensure full compliance
with the principle of the single market.

Unlike the systems provided for in the previous Act of Accession, the last Act entails neither a
gradual alignment of the agricultural prices of the new Member States on common prices nor a
gradual abolition of customs duties and other import charges and quantitative restrictions and
equivalent measures in trade between the old and the new Member States. The alignment will
take place instantaneously on 1 January 1995.

Similarly, in trade with third countries the new Member States will apply on that date the import
charge applied by other Member States.

The only transitional arrangements provided for are degressive national aid schemes and the
application, without any frontier checks, of the safeguard clauses in the event of market disruption. These arrangements are to apply for five years for the two countries whose price level
currently exceeds the level of common prices (Austria, Finland).

**(64)** **Judgment of the Court of 9 August** **1994 in** **Case** **C-359/92** **[1994]** **ECR** **1-3681.**

**(65)** **COM(93)** **670 of 15 December** **1993 (OJ** **C** **18.** **21.1.1994),** **as amended by** **COM(94)** **250 of** **15** **June** **1994 (OJ** **C**
**200,22.7.1994).**

THE SINGLE MARKET IN 1994

50 PART TWO - DETAILED REVIEW

**Section 3 - Freedom to provide services and right of establish-**
**ment**

**§** **1** **-Introduction**

164. Services account on average for more than 60% of total GDP (and in some Member
. States for more than two thirds of the national economy) and they employ altogether some 60%

of the Union's labour force. The publication of the Commission's interpretative communication
conceming the free movement of services across frontiers (66) represents both a synthesis of
the main principles so far established by Court of Justice case-law in this field and a basic
instrument for contributing to the development of an internal market in services that is
commensurate with their importance at national economic level, based in particular on Articles 59 et seq* of the Treaty.

165. The basic idea underlying the communication is the affirmation of freedom of movement
throughout Community territory for a service legally provided in the Member State in which the
supplier is established under the principle of mutual recognition between different but
non-antithetical national systems and in line with the principle of subsidiarity. This idea has led
first of all to a steady increase in calls for the Commission to act. It is increasingly requested to
intervene, particularly by initiating infringement procedures, in order to settle cases of State
restrictions which are frequently non-discriminatory but still unjustified or excessive in their
effects on non-national suppliers and therefore inadmissible.

The communication has also provided an opportunity for ever more frequent and coordinated
discussions with trade associations and v/ith operators in the services sector generally (for
example, market, tourist, port, cleaning, rental, security, advisory and public relations services),
who have also attended specific meetings such as the "Internal Market Weeks".

166. In addition to general topics, special atention has been paid to certain non-harmonized
specific fields, including the following:

     - _employment_ _agencies:_ there are major obstacles to the activities of placement-agencies (cross-frontier activity is limited by the existence of monopolies or the need for a
licence in the country of destination of the service) and to those of temporary
employment agencies (licence requirement in the host country or even a ban on
activity in some countries);

     - _private security services:_ some countries still discriminate on grounds of nationality,
and the cross-frontier supply of services is very often made impossible by regulatory
obstacles (need for a licence in the country of destination of the service) or technical
bamers (armour-plating of vehicles);

     - _port_ _activities:_ existence of exclusive rights and restrictions on self-handling;

     - _fairs and exhibitions;_ certain rules or practices may impede the cross-frontier organization of such events or the access of goods and firms to them.

167. On the case-law front, the Court of Justice continued in 1994 to favour a dynamic interpretation of the free movement of services, for example in "its "tourist guides" judgment of
22 March and its Van der Elst judgment of 9 August (67). In the first, it declared the inadmissibility of national legislation requiring a supplier of services to hold a licence issued only on the

(66) O J C **334** of **9 December** **1993**

**(67)** **Judgment of the Court of 22 March** **1994** **in Case** **C-375/92** **J1994]** **ECR** **I-0923** **and judgment of the Court of**
**9 August** **1994** **in Case** **C-43/93** **(1994J** **ECR I-3803.**

THE SINGLE MARKET IN 1994

**PART TWO-DETAILED** REVIEW 51

basis of a given qualification; in the second, it ruled that the requirement that a firm established
in another Member State should have administrative authorization was restrictive.

In the Van der Elst judgment, it also confirmed the principle that a Member State could not
subject the execution of a supply of services to observance of all the conditions required for
establishment, thereby again emphasizing the different nature of these two fundamental freedoms.

In March the Court also delivered an important judgment conceming lotteries, certain aspects
of which touched on the question of gambling generally. This was the judgment in
Case C-275/92 ("Schindler") (68) in which it confirmed that even the organization and promotion
of a lottery was an economic activity and as such was covered by the Treaty, and in particular
by the provisions relating to freedom to supply services. The possibility of applying especially
strict national rules in this entirely distinctive economic sector on social and fraud-prevention
grounds was, whatever the circumstances, subject to the condition that they were riot discrimi-.
natory.

**§ 2 - Regulated areas**

**A.** **Financial services**

**168.** It is still too early to draw conclusions about the functioning of the single market in financial services since the "third generation" insurance Directives have been in force only since
1 July 1994 and the Directive on investment services will come into force only on 1 January
1996.

By contrast, the second banking Directive (89/646/EEC*) has been in force since 1 January
1993. Its application has not caused any major difficulties for the Member States, except that
some of its provisions, in particular those on the supply of services and the concept of the
general good, 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 (GTIAD) and in the Banking Advisory Committee.

**169.** The Commission has examined a number of cases of non-compliance either with the
Treaty (Articles 52* and 59*) or with the directives, the most significant of which is probably the
"SIM" case which stems from Italy's adoption 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 exercise the freedom to supply services and to set up as a branch. This
case is currently before the Court of Justice.

**170.** 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 transposai of the directives in the financial sector without,
however, ruling out the possibility of seeking assistance from outside experts in this task.

The Commission will be particularly vigilant in monitoring the way in which Member States
require Community operators to comply with their rules relating to the general good. It will
ensure in particular that Member States observe the principles established by the Court of
Justice in this area.

**(68)** **Judgment** **of the Court of 24 March** **1994 in** **Case** **C-275/92** **(1994] ECR** **1-1039.**

THE SINGLE MARKET IN 1994

52 PART TWO - DETAILED REVIEW

_a)_ _Credit_ _institutions_

_*_ _Legislative developments_

**171.** On 30 May 1994 the Council and Parliament adopted Directive **94/1** 9/EC* on
deposit-guarantee schemes. This Directive introduces minimum deposit cover of ECU
20 000 throughout the Union. This guarantee is intended to cover all deposits held with a credit
institution on Union territory which has its head office in a Member State, including deposits
with branches established in other Member States. However, Member States remain free to
introduce schemes providing greater cover. In that event, branches from a Member State in
which the cover offered corresponds to the minimum laid down by the Directive or is lower than
that provided for in the host country are entitled to join the scheme in force in the host Member
State. For a five-year transitional period, however, branches established in a host country in
which the level of cover is lower than that provided for in the country of origin will have to limit
their cover to that provided for in the host country in order to avoid market disturbance in the
latter country.

**172.** On 6 June 1994 the Council adopted a common position on the proposal for a Directive designed to strengthen prudential supervision in the field of financial institutions,
including credit institutions (69). This proposal clarifies the concept of groups of financial institutions, requires such groups to have their registered and head offices in the same country,
extends the arrangements for the exchange of information between supervisory authorities
belonging to different categories and requires external auditors to notify the supervisory
authorities of any circumstances likely to undermine the stability of the institutions whose
accounts they audit.

**173.** On 25 April the Commission sent to Parliament and to the Council a proposal for a
Directive amending Council Directive 89/647/EEC* with respect to the recognition by supervisory authorities of contracts for novation and netting agreements (contractual
netting) (70). This proposal provides for the possibility of own funds requirements for covering
certain operations to be calculated on the basis of a net rather than a gross amount. The aim is
to promote this type of contract and agreement with a view, firstly, to reducing the risks
incurred by banks in their off-balance-sheet transactions relating to interest rates and exchange
rates and, secondly, to reinforcing the competitiveness of Union credit institutions vis-à-vis
those from third countries which are already applying a recommendation of the Committee of
Governors of the Group of Ten that only the balance of the abovementioned transactions be
taken into account in calculating the solvency ratio, thereby reducing their own funds requirements.

 - _Transposai and implementation of legislation_

**174.** The situation regarding the transposai of directives is satisfactory. Only three directives
have not been fully transposed by all Member States. These are Directive 91/308/EEC* on
money laundering, which is only partially transposed into Irish and Greek law, and Directive
92/30/EEC* on consolidated supervision and Directive 92/121/EEC* on large exposures, which,
although transposed by Germany, will not apply in that country before 1 January 1996.

During the course of 1994 the Commission analysed national provisions transposing Directive
91/308/EEC* on money laundering. A number of Member States were requested to provide
additional information.

The Commission issued an invitation to tender for the carrying out of a study on the transposai
and application of Directive 82/299/EEC* on own funds and Directive 89/647/EEC* on the
solvency ratio of credit institutions. This study is to be earned out in 1995.

(69) COM(93) 363 final of 28 July 1993 (OJ C 229. 25.8.1993). as amended by COM(94) 170 final of 2 May 1994
(OJC 213. 3.8.1994).

(70) COM (94) 105 final of 27 April! 994 ( O J C 142, 25.5.1994).

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 53

**175.** The dialogue with Member States, established in particular within the framework of the
Working Group on the Interpretation of the Banking Directives (GTIAD) and the Banking Advisory Committee (BAC), continued in 1994. It concentrated mainly on the problems raised by
the interpretation of the concept of the supply of services compared with that of establishment
and on the conditions for applying national rules on the general good. The uncertainties
connected with these two topics are frequently cited by credit institutions as a major obstacle
preventing the mechanisms introduced by the second banking Directive from having full effect.
The Commission plans to initiate wide-ranging consultations and to publish an interpretative
communication on these two topics in 1995.

On 18 April the Commission also convened a meeting of the Committee of Credit Associations,
which is made up of nine European Federations in the credit sector. This Committee, which
provides a useful framework for consultations and the exchange of information, will meet again
in 1995. - ! - - - ' - - •••••

_b)_ _Insurance services and pension_ _funds_

_*_ _Legislative developments_

**176.** On 7 December 1994 the Commission formally withdrew its proposal for a Parliament
and Council Directive relating to the freedom of management and investment of funds held by
institutions for retirement provision (71). At the same time, it adopted a communication on an
internal market for pension funds (72). In this communication the Commission states that the
basic principles underlying freedom to supply services, freedom of establishment and free
movement of capital apply to the management and investment of funds held by institutions for
retirement provision. The Commission will ensure that the restrictions in force in Member
States are compatible with the prudential and legal considerations set out in the communication
and that the principle of proportionality is observed.

 - _Implementation and enforcement of the legislation_

177. There has been considerable delay in some Member States in the transposai of directives in the insurance field into national law, including, for example, Directive 90/619/EEC*
(second life assurance Directive).

Major delays have also occurred in connection with the "third generation" Directives (the
non-life insurance Directive 92/49/EEC* and the life assurance Directive 92/96/EEC*). These
Directives, which have recast the previous main directives and will fully open up the internal
market in insurance, were to have been transposed into national law by 31 December 1993 in
order to be effectively applied as from 1 July 1994. On 23 January 1995 Spain, Greece, Italy
and Luxembourg had still not notified the Commission of their national transposai measures,
while Belgium and France had partially notified theirs.

The Commission is continuing infringement proceedings under Article 169* of the Treaty for
failure to notify national implementing measures.

**178.** The Commission is currently examining the conformity of national measures implementing Directives 72/166/EEC* and 84/5/EEC* (the main Directives on civil liability insurance on
motor vehicles). These Directives have been transposed into national law in all Member States.
In the light of the findings of these studies, the Commission has contacted three Member
States in which the transposai of the Directives has been found not to be correct. The problems
encountered included the incorrect transposai of the obligation on Member States to take any
measure necessary to ensure that civil liability in respect of the movement of vehicles is
covered by insurance and of that requiring the body responsible for repairing damage caused
by an uninsured or unidentified vehicle to justify its action.

(71 ) COM(93) 237 final of 26 May 1993 (OJ C 171. 22.6.1993).

(72) Communication 94/C 360/08 (OJ C 360. 17.12.1994)

THE SINGLE MARKET IN 1994

54 PART TWO - DETAILED REVIEW

179. Directive 88/357/EEC* (second non-life Directive) has been transposed by all Member
States except Greece. On the basis of studies carried out by independent experts, the
Commission is currently carrying out a detailed analysis of the practical effects on the non-life
insurance market.

**180.** The highly complex nature and fundamental importance of the "third generation" Directives have led the Commission to seek external technical assistance through an invitation to
tender for the task of carrying out a comparative law study to facilitate the Commission's
examination of the conformity of national legislation with these Directives.

**181.** With regard to sectoral statistical data, the Commission is finalizing its company statistics instrument. During the course of 1995 Eurostat will be in a position to:

   - submit to Member States a methodology for the compilation of sectoral statistics,
based on a product nomenclature that is as detailed as possible;

     - publish statistics based on data collected from the relevant national authorities in all
the Member States and also the EFTA countries.

_c)_ _Stock Exchanges and Securities_

- _Legislative developments_

182. In order to facilitate multilisting (simultaneous quotation of the same securities on different stock exchanges) in the Community, the Council and Parliament adopted on 30 May 1994 a
new Directive (94/18/EC*) amending the Listing Particulars Directive (80/390/EEC*).

The two main aims of the directive are:

   - to simplify the cross-border listing rr uirements for the securities of companies of
high quality, large size and international standing, listed in the Community for at least
three years and sh wing a good record of compliance with European Union listing
directives. These companies will be able to be listed in other Member States without
publishing a new listing prospectus, a simplified set of documents will be made available to investors;

   - to facilitate the transition to official listing of those companies on certain junior
markets when such Dmpanies are subject to disclosure requirements equivalent in
substance to those imposed on officially listed companies in the same Member State.

The Directive is expected to bring about a more efficient single market in the securities field. In
particular, the simplification of the cross-border requirements will facilitate the launching by the
Federation of European Stock Exchanges of the Eurolist project. This project aims at providing
deeper and more liquid markets for those European Union companies of large size, high quality
and international standing by listing their shares simultaneously in a number of Member States.

183. Work continued in the course of the year on the Commission proposal for a Directive on
investor compensation schemes (73). The Economic and Social Committee and Parliament
delivered their opinions in January and April respectively. Both opinions were broadly supportive of the Commission proposal.

In December 1994 the Commission tabled its amended proposal. This takes account of most of
Parliament's amendments and of a number of suggestions made by the Economic and Social
Committee. The Commission also took the opportunity to align its proposal in a number of
areas on the parallel Directive on deposit guarantee schemes, which was finally adopted by
Parliament and the Council in May

**(73)** **COM(93)** **381 final of 22 September** **1993 (OJ** **C** **321** . **27.11.1993).**

THE SINGLE MARKET IN 1994

**PART TWO - DETAILED REVIEW** **55**

184. In 1993 the Commission presented a proposal amending Council Directive 85/611/EEC*
on undertakings for collective investment in transferable securities (UCITS), with the aim of
extending its scope to include money market funds and funds of funds, investing in a number
of other UCITS.

Following the opinion of the European Parliament (74), the Commission adopted on 20 July
1994 (75) an amended proposal which incorporated some important changes as compared with
its initial draft. Two new items were the inclusion of Feeder funds which invest 100% of their
assets in other UCITS (called Master-Feeder funds) and the freedom for European credit institutions and investment firms to provide depositary services to UCITS on a cross-border basis.

- _Transposition and implementation of the legislation_

**185.** the Commission notés with satisfaction that all the directives in force have been transposed by all Member States.

It continued to check the conformity of transposition measures; in particular, it sent the Member
States a questionnaire on application of the Directive on the admission of securities to stock
exchange listing (79/279/EEC*)

It initiated a dialogue with the Member States to prepare for transposai of the Directives on
investment services (93/22/EEC*) and capital adequacy (93/6/EEC*) and to prevent faulty
transposai due to differences of interpretation.

**B.** **Transport**

**186.** The basic legal framework of the single transport market is in place and the rules are
being properly incorporated into national legislation. A number of important qualifications must,
however, be made. Some of the most important parts of the legal framework, though in place,
are only gradually being phased in; certain transitional periods last up to the end of the century
and beyond: this is in particular the case in cabotage (transport in another Member State)
where:

     - full liberalization of road haulage cabotage is scheduled to take effect on 1 July 1998;

     - air transport cabotage will be fully liberalized by 1 April 1997;

     - maritime cabotage has a number of transitional rules taking into account maritime
specificity (land-to-land; land-to-island; island-to-island).

The application of single transport market rules will lead to important structural changes and
new relationships between enterprises. The Commission, in seeking to ensure uniform and reliable application of the rules, monitors both their transposai and their practical implementation.

_a)_ _Air transport_

**187.** Following the adoption of the so-called Third Package measures, the internal aviation
market has been completed in legislative terms. Cabotage will be liberalized as from 1 April
1997. The priority now is to ensure proper implementation of the new rules.

In 1994 two standard-setting decisions conceming the application of the Community's air transport legislation were taken in relation to access to domestic routes in France as well as to the
airport system of Paris (76).

**(74)** **OJ C** **315** **of 22 November** **1993,** **p.** **152.**

**(75)** **COM (94) 329 final of 20 July** **1994** **(OJ C 242.** **30.8.1994).**

**(76)** **OJL 127** **of** **19** **May 1994.**

THE SINGLE MARKET IN 1994

56 PART TWO-DETAILED REVIEW

These decisions oblige the French civil aviation authorities to grant all Community air carriers
access to Orly airport on a non-discriminatory basis, and to open up a number of important
domestic routes to and from that airport.

In some instances, however, the full use of the new market access opportunities is obstructed
by infrastructure bottlenecks: thus, at airports such as London-Heathrow and Frankfurt, the
demand for slots exceeds the available physical capacity.

**188.** A major policy effort is required in this area. On the basis of the recommendations of the
"Committee of Wise **Men"** for air transport the Commission decided to issue a detailed
communication announcing a series of initiatives, notably in the area of infrastructure (77). The
main objective of this action programme is to complement the efforts of the airline industry
itself to restructure in response to single market conditions by improving efficiency in areas
beyond the control of the airlines, such as the rules for using air transport infrastructure.

_b)_ _Road transport_

**189.** To create an internal market in the field of road haulage measures have already been
taken to liberalize the transport of goods between and within Member States (cabotage will be
completely liberalized from 1 July 1998), and to harmonize social standards (driving hours),
technical standards (weights and dimensions) and tax policies (setting minima for fuel and
vehicle taxes and allowing Member States at the same time to introduce a common user
charge).

**190.** In July 1993 the Commission appointed a "Committee of Wise Men" to investigate the
economic and social situation in the road haulage sector. One of the reasons for creating the
Committee were concerns expressed by certain representatives of the road haulage industry
about the instability and the lack of profit in the sector. The report of the Committee was
completed in July 1994 and can be seen as a first evaluation of the functioning of the internal
market in the field of road transport.

As far as the economic situation is concerned, the Committee concluded that the recent
general economic crisis strongly affected the sector. Deregulation attenuated these difficulties
in some recently deregulated markets, but this can be seen as a transitional process, given the
fact that the long-established liberal markets have shown remarkable stability. The Committee
supported the policy of liberalization as a means of establishing the single market.

On the other hand it recognized that competition in the single market is not always fair. This is
due both to widespread infringement of regulations and to incomplete harmonization of standards.

The Committee recommended that enforcement should be improved, for instance by the use of
information technology. The Committee also recommended further harmonization in the fields
of access to the profession of road haulage operator, tax policy, technical standards and the
social framework in which hauliers have to operate. The Commission is preparing proposals in
several of these fields.

_c)_ _River transport_

**191.** There is structural overcapacity in inland waterway transport, and despite the environmental and safety advantages it offers in comparison with certain other modes of transport it is
still not commercially attractive enough. Action is therefore continuing to reduce excess capacity with a view to balancing supply and demand. New measures were taken in this area in 1994
by the Council and the Commission. On the organization of the market in river transport, the
Commission advocates in a report to the Council (78) gradually liberalizing the market while

**(77)** **T h e Way Forward for Civil Aviation in** **Europe",** **COM(94) 218** **final of** **1** **June** **1994.**

**(78)** **SEC(94)** **921** .

THE SINGLE MARKET IN 1994

**PART TWO - DETAILED REVIEW** **57**

taking action to help operators adjust to a liberal regime and to strengthen the competitiveness
of the sector. Other work in progress concerns extension of the Community rules on technical
aspects, vessel crews, ongoing negotiations with third countries with a view to concluding a
multilateral agreement and the introduction of a European boatmasters' certificate for inland
waterway navigation.

_d)_ _Railways_

192. The Commission presented two proposals (79) for directives to complement the
Community's basic railway policy measure, Directive 91/440/EEC*. by defining general principles and procedures to ensure that access rights under the Directive are implemented effectivelyand fairly. New possibilities "for rights of access to railway infrastructure created by Article
10 of the Directive constitute a first step towards a more open and integrated market and create
a new situation for public authorities, which must ensure safety and allocate infrastructure on
the basis of appropriate charges.

The first proposal deals with the creation of a licence for railway undertakings and requires that
they satisfy criteria of professional competence, financial standing and good repute. The
second concerns the allocation of infrastructure to railway undertakings and the charges
imposed for its use. The Directive would establish a system for the allocation of train paths to
railway operators and create a structure for the calculation of access charges. It is hoped that
the rapid approval of these proposals will help the railways achieve the goals set out in the
Commission's White Paper on transport policy.

**Section 4 - Free movement of capital**

193. The Treaty on European Union introduced a new regime with regard to capital movements and payments. With effect from 1 January 1994, Articles 73b* to 73g* of the Treaty,
under Chapter 4, "Capital and Payments", replaced Articles 67 to 73 of the EEC Treaty. Freedom of capital and payments is now a directly applicable right under the Treaty: secondary
legislation is no longer necessary. Also, under the new regime the obligation for liberalization
was extended, with limited exceptions, to third countries.

194. The introduction in the Treaty of the principle of complete capital liberalization with direct
effect was necessary for two reasons:

    - first, in order to align Treaty provisions on the reality of complete liberalization already
introduced by the capital movements directive of 1988 and raise the freedom to the
same level as other freedoms in the Treaty;

     - second, to adapt the capital movements provisions of the Treaty to the objective of
economic and monetary union, for which free movement of capital is an indispensable condition.

The last Member State with a derogation from the general obligation to permit free movement
of capital, Greece, lifted, with effect from 16 May 1994, all remaining restrictions on the movement of capital which that Member State was authorized to maintain until 30 June 1994.
Consequently, a regime of free movement of capital is now in place throughout the Union.

**(79)** **COM(93)** **678 final of 15 December 1993 (OJ C 24,** **28.1.1994),** **as amended by** **COM(94)** **316 final of 14 July 1994**
**(OJ** C 225, **13.8.1994)**

THE SINGLE MARKET IN 1994

58 PART TWO - DETAILED REVIEW

195. Free mobility of capital has provided the conditions for progress towards integrating
national financial markets to the benefit of the users of financial services and of the European
financial industry. There is evidence that economic agents are taking advantage of the elimination of restrictions on the movement of capital and the increasing openness of Member States'
financial markets. Cross-border flows of capital within the Union, as well as capital inflow from
third countries have risen considerably in recent years. These capital movements include direct
investment, motivated mainly from industrial and commercial considerations of companies in
the unified European market, as well as portfolio investment, principally attracted by the opportunities offered by government bond markets. Gross flows of portfolio capital in EU countries
rose to unprecedented levels in 1993 accounting for around 80% of the industrial countries'
total compared with 64% in 1992 and 40% in. 1991. With inflows estimated at ECU 370 billion
and outflows at ECU 235 billion, the net inflow of portfolio capital in the EU was about ECU 135
billion in 1993.

196. Direct investment flows in the Union rose sharply in the second half of the eighties and
peaked in 1989-90. Since then, despite the considerable contraction of foreign direct investment in the industrial countries, direct investment in the Union remained relatively high. For
example, cumulative inflows of foreign direct investment during the period 1991-93 amounted
to ECU 147 billion compared with ECU 48 billion in the United States. Investments originating
outside the EU are estimated to account for over 40% of total foreign direct investment in the
Union.

197. Indirect obstacles to capital movements remain, however, in some areas. Such impediments can take the form of constraints on investment abroad by institutional investors not justified by prudential considerations, tax discrimination not compatible with Community law, rules
conceming the issue of securities, the transfer of means of payments and others. The
Commission has taken action in order to obtain the elimination of such indirect impediments
both by consulting with the Member States concerned and by formal letters of notice to national
authorities where necessary. Where remedial action was not taken, the Commission has
proceeded to the next stage of infringement proceedings, the issue of a reasoned opinion.

**Section 5 - The business environment**

**§** **1** **-Competition** **policyc**

198. To ensure that the single market functions smoothly, a central role is assigned to developing its interaction with competition policy. Such interactions derive from the fact that these
common policies serve the same fundamental objective, namely to strengthen the capacity of
the Community economy to generate wealth through better allocation and more efficient use of
productive resources. Strict application of the competition rules is an essential counterpart to
the drive to remove ail legal and administrative barriers to trade across the Union: it will ensure
that any anti-competitive behaviour by businesses or national authorities does not restrict the
healthy competition that should provide the driving-force behind the economic benefits
expected from completion of the single market. A vigorous competition policy will mean that
firms endeavouring to take advantage of openings created by the single market will not see
their action fmstrated by anti-competitive practices (8i). The Commission is pursuing these
aims both by banning restrictive agreements between businesses aimed at walling off markets

(80) For details see Commission's Competition Report, published annually.

(81 ) Twenty-third Competition Report, pointe 150 to 154.

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 59

and by preventing the abuse of dominant positions and monitoring mergers, monopolies and
state aid.

199. The policy of dismantling monopolies remains one of the Commission's priorities;
1994 was a milestone in the development of a Community reference framework for telecommunications infrastructures.

In the wake of the Bangemann report (82), the Commission's action plan entitled "Europe's way
to the information society" (83) identifies infrastructure liberalization as the key to developing
the information society.

The first stage will involve lifting restrictions on the use of the infrastructures for mobile and
satellite communications services. The next phase should see liberalization of the infrastructures for public voice telephony services (after 1 January 1998). In sensitive areas, such as the.
guaranteeing of a -Universal service, major safeguard clauses should be adopted; these will be
drawn up on the basis of the consultation that will follow publication of the Green Paper on
infrastructures adopted by the Commission on 25 January 1995.

Following the resolution of 22 July 1993 on reassessment of the situation in the telecommunications sector and the liberalization of international voice telephony services by 1 January
1998 (84), in February 1994 the Commission published a Green Paper on mobile and personal
communications (85). It also took action under the Treaty rules on competition against the three
Member States (Belgium, Ireland and Italy) that were maintaining exclusive rights for the GSM
service (standards established by ETSI for pan-European personal mobile communications),
calling on them to grant licences to at least two operators.

200. With regard to the control of state aid, it should be stressed that by artificially propping
up non-viable businesses, aid to ailing firms has a highly distortive effect on competition in an
integrated market. It unduly delays adjustment by the recipient and shifts the burden of structural change and social problems onto other firms and other Member States.

Since more and more of this kind of aid is being granted, against a background of stiffer competition and slower growth, the Commission decided in July 1994 to codify in a notice to the
Member States its strict stance on state aid for rescuing and restructuring firms in difficulty: aid
of this kind must be accompanied by a restructuring plan that will make it possible to restore
the firm's long-term viability within a reasonable period and must be limited to the strict minimum needed to implement the plan, to which the firm must make a sizeable contribution from
its own resources. Where there is a structural excess of production capacity in the relevant
market in the Community, the plan must contribute to the restructuring of the sector through
irreversible plant closures or capacity reductions.

The successive surveys of state aid in the Community which the Commission has published
since 1989 have shown that the overall level of aid remains high, particularly in the Community's central regions. Although the fourth survey, now being finalized, notes a slight drop
despite the adverse business conditions prevailing in 1991 and 1992, the overall level of aid is
still very high. As it announced in its September 1994 communication on an industrial competitiveness policy for the European Union, the Commission will therefore continue its efforts to
reduce the overall level of state aid.

201. As regards merger control, Regulation (EEC) No 4064/89* provides a one-stop shop for
the rapid, uniform vetting of mergers, acquisitions and joint ventures with a Community dimension.

To improve the operation of this system of control in the interests of deepening the single
market, and in line with the undertakings it gave in its report to the Council in 1993, the
Commission adopted on 21 December 1994 a number of measures aimed at boosting trans

(82) **"Europe and the global information society. Recommendations to the European Council", Brussels, 26 May** **1994.**

**(83)** **"Europe's way to the information** **society:** **an action plan",** COM(94) 347 **final of** **17** **July** **1994.**

**(84)** **Resolution** **93/C 213** **(OJ C of** **17 Jury** **1994).**

**(85)** **COM(94) 145** **final of 27 April** **1994.**

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60 PART TWO - DETAILED REVIEW

parency and efficiency in application of the Merger Control Regulation (86). These cover certain
technicalities or legal aspects, such as questions of competence, the calculation of turnover
and the definition of what constitutes a merger.

202. As far as rules **applicable to undertakings** are concerned, Articles 85* et 86* of the EC
Treaty have for a long time been used as powerful instruments for opening and unifying
markets. In this context the Commission embarked in 1994 on a revision of Regulation (EEC)
No 123/85* on motor-vehicle distribution and of Regulations (EEC) Nos 2349/84 and 556/89 on
patent and know-how licensing. The aim of these revisions is to prevent certain obstacles being
put in the way of parallel imports between Member States, thereby facilitating the penetration of
national markets, and to help the dissemination of technologies within the common market.

At the same time, the. Commission continues to combat vigorously all price-fixing or
market-sharing agreements,- imposing fines commensurate with the seriousness of the
infringements established (total fines amounting to ECU 132.15 million in the cartonboard case
and, under the ECSC Treaty, total fines of ECU 100 million in the steel beams case (87)).

203. In 1994 the Commission energetically pursued measures to increase competition in
the field of transport.

Liberalization of air transport has revealed the importance of ground handling services,
which constitute a genuine barrier to market entry. To ensure that all operators can compete on
an equal footing, the Commission is convinced of the need to bring the monopolies currently
existing in several Member States to an end and to ensure that there is at least some competition in the provision of these services. Consultation of interested parties has thus been organized in order to assess the technical feasibility and the possible impact of action to liberalize
them. A proposal for a Directive was adopted by the Commission on 13 December 1994.

Several cases are currently being investigated in connection with liberalization of ground
handling services at a number of Community airports.

§ 2 - **Cross-border payments**

204. The Commission adopted a communication in November (88) which includes a proposal
for a Directive which would lay down minimum transparency and performance rules applicable
to cross-border credit transfers. The proposal aims at ensuring that banks provide customers
with the necessary information and comply with contractual obligations in respect of execution
time for transfers, that double-charging is avoided and that lost payments are refunded.

This proposal followed a study, carried out in the first half of 1994, confirming a number of
shortcomings related to the transparency and performance of cross-border transfers. These
shortcomings had also been reflected in continuous requests from individual businesses and
their associations, the distributive and retail trades and consumers for improvements in this

area.

The communication also contained a draft notice on the application of the EC competition rules
to cross-border credit transfer systems. This deals, inter alia, with the conditions for accepting
certain types of inter-bank fee arrangements which might be needed to avoid the occurrence of
double-charging. The draft will be open to comment from all interested parties with a view to its
final adoption in 1995.

(86) Commission Regulation (EEC) No 3384/94* and documents 94/C 385/01. 94/C 385/02. 94/C 385/03 and 94/C
385/04 (OJ C 385, 31.12.1994).

(87) O J L 116 of 6 May 1994.

(88) COM(94) 436 final of 18 November 1994: EU funds transfers

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**PART TWO - DETAILED REVIEW** **61**

**205.** Finally, taking into account the suggestions made by the banking industry, business and
consumers, the Commission has adopted a work programme of measures on which work is
underway or to be undertaken in 1995. The Commission will seek advice from its two consultative groups on payment systems on the way in which these systems can best be prepared for
the introduction of the ecu. Work on payments netting and settlement finality is continuing in
the Commission's "legal framework" group of Member State experts, and every effort will be
made to reach operational conclusions, including the possibility of a proposal for a directive, on
the question of settlement finality during 1995.

A Commission study on the transparency of card payments is under way to assess whether
improvements are needed, possibly in the form of an update of Commission Recommendation
88/590/EEC*. The regulatory implications of the new generation of payment instruments and
techniques (pre-paid cards, home and phone banking etc.) are also being analysed.

**§ 3 -Intellectual and industrial property**

**A.** **Intellectual property**

- _Legislative developments_

**206.** The Commission pressed ahead with its work in the intellectual property sphere, taking
as a basis the Treaty mles on the free movement of goods and services and on the right of
establishment.

Respect for the principles enshrined in Articles 30*, 52* et 59* of the EC Treaty is ensured by
initiating preliminary infringement or infringement proceedings. However, where the obstacles
stemming from national legislation do not constitute restrictions prohibited by the above articles
or where such restrictions are justified (Articles 36*, 55*. 56* and 66*), harmonization alone can
enable the single market to function properly.

The Commission accordingly continued the harmonization drive already embarked upon, while
maintaining the emphasis on the search for a high level of protection of copyright and related
rights. It thus transmitted to the Council its amended proposal for a Directive on the legal
protection of databases (89); discussions are continuing in that body with a view to the adoption
of a common position. It is also considering the need for a measure harmonizing certain rules
of copyright and related rights applicable to private copying, and the appropriateness of such
action in the areas of reprography and _droit de suite._

- _Implementation and enforcement of the legislation_

**207.** Directive 91/250/EEC* on the legal protection of computer programs was to have been
transposed by Member States by 1 January 1993. Only Denmark, Italy and the United Kingdom
did so in time. In 1993 four other Member States adopted such measures. In 1994 Belgium,
France, the Netherlands and Portugal followed suit. Luxembourg is the only country that has
not yet adopted any provisions on the subject.

Directive 92/100/EEC* on rental right and lending right and on certain rights related to copyright
in the field of intellectual property requires Member States to bring into force the provisions
necessary to comply with the obligations it lays down before 1 July 1994. Belgium has adopted
national implementing measures and the French authorities have informed the Commission
that their domestic law, and the regulations for its implementation, are in keeping with the
Community mles. The Commission will not fail to take appropriate steps against Member
States which do not satisfy the obligations stemming from the Directive.

**(89)** **COM (93)** **464 final** **of** **4** **October 1994 (OJ C** **308, 15.11.1993).**

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62 PART TWO - DETAILED REVIEW

The Commission pressed ahead with its infringement proceedings against the Greek Government for Its incorrect transposai of Directive 87/54/EEC* on the legal protection of topographies
of semiconductor products.

208. As regards the technological aspects of the protection of intellectual property in the
context of the "information society", the Commission drew up a specific action plan for inclusion
in the Specific Programme for Information Technologies under the Fourth Framework
Programme. The expected response from European industry to the corresponding call for
proposals published in late 1994 should enable R&TD projects to be launched before the end of
1995.

**B.** **Industrial** **property**

209. In the industrial property sphere the Commission is continuing its efforts, firstly, to create
new industrial property rights at Community level and, secondly, to harmonize national rights
which impede the free movement of goods.

 - _Legislative developments_

210. Regulation (EC) No 40/94* on the Community trade mark entered into force on
15 March. Community trade marks, registered for a period often years, renewable for a further
ten, will be granted by the Office for Harmonization in the Internal Market (trade marks and
designs), which is set up by the Regulation and whose seat is in Alicante, Spain. Work on the
adoption of measures implementing the Regulation will be pursued actively in 1995 in order
that the Office may become fully operational. It is envisaged that it will be open to receive the
first applications for Community trade marks on 1 January 1996.

The system introduced by the Regulation will have enormous advantages over the two systems
currently available to trade mark proprietors. Under the first of these systems, a proprietor who
wishes to have protection in all Member States must register his trade mark with the intellectual
property offices of the Benelux, for those three Member States, and of the other Member
States. Each registration is subject to the rules of the State concerned governing procedure and
any oppositions or appeals. The proprietor must use the language of each office, pay registration fees to all the national offices and, often, enlist the services of several trade mark agents.
Under the second system, after having registered his trade mark in his own country, the
proprietor may have recourse to the services of WIPO (World Intellectual Property Organization) under the Madrid Agreement conceming international registration of trade marks. Not all
Member States are party to the Madrid Agreement, however, and each valid registration in a
given country is governed by the domestic rules of that country, exactly as in the case of the
first system.

By contrast, the Community system will make it possible to acquire, by a single procedure,
protection which is valid throughout the Community. This protection will be strengthened by the
existence of a quasi-judicial body, the Office's Boards of Appeal, from whose decisions appeal
may lie to the Court of Justice.

The measures to combat counterfeiting will be made more effective by Member States' designating a limited number of lower and higher courts with exclusive jurisdiction to hear cases
involving the counterfeiting of Community trade marks.

211. The proposal for a Regulation on Community design (90) is currently before Parliament.
Meanwhile, the Commission will do all it can to induce Member States to ratify the Agreement
on Community patents (91). On 8 December the representatives of the Member States meeting

**(90)** **COM(93)** **342** **final** **of 3 December 1993 (OJ C 29,** **31.1.1994).**

**(91 )** **Agreement relating to Community** **patents,** **done at Luxembourg on** **15** **December** **1989** **(Directive** **89/695/EEC*).**

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 63

within the Council adopted a joint declaration calling upon Member States to ratify the Agreement as soon as possible.

**212.** The proposal for a Directive on the legal protection of biotechnological inventions (92)
formed the subject-matter of a conciliation procedure with Parliament at the end of 1994.
Parliament rejected the proposal in February 1995

**213.** Parliament is examining, in parallel with the Regulation on Community design, the
proposal for a Directive on the **legal** protection of design **at national level** (93). The proposal
is justified by the fact that, as with trade marks, national designs will coexist with Community
ones. This presupposes that the essential elements of currently divergent domestic laws will be
harmonized in order that, first, a genuine single market may be established in this area and,
second, domestic laws may be compatible with the proposed system of Community protection.
Design is of increasing importance to a wide range of goods. Good design is,-for" Community
firms, a major asset when it comes to competing with low-cost third-country industries.

**214.** On 9 December the Commission adopted a proposal for a Regulation on the creation of
a supplementary protection certificate for plant protection products (94). The aim is to
contribute, by creating a new sectoral industrial property right, to the completion of the single
market in plant protection products and to ensure that inventions in the sector benefit from
protection of sufficient duration.

**215.** The Commission intends to round off its industrial property policy by presenting in the
near future a Green Paper on utility models. Utility models are an alternative form of protection for technical inventions to patents. Unlike patents, they are granted without any examination, and they are registered for a shorter period. As a result, they are cheaper and can be
obtained more quickly than patents. They thus serve as a useful complement to the patent
system. This type of protection currently exists in most Member States in widely varying forms.
This state of affairs can create obstacles to the completion of the single market and lessen the
scope for innovative activities, and hence firms' competitiveness. The Commission is therefore
currently preparing a Green Paper for the benefit of interested parties with a view to assessing
the need for Community action in this area.

 - _Implementation and enforcement_ _of_ _the legislation_

**216.** Generally speaking, Member States are transposing Directives in this sector relatively
long after the deadline and often not until infringement proceedings have been initiated. In the
case of Directive 89/104/EEC* on trade marks, the slippage from the timetable set for transposai was due to the adoption of the Regulation on the Community trade mark. Six Member
States (Belgium, Germany, Ireland, Luxembourg, the Netherlands and Portugal) have yet to
notify national implementing measures. Serious problems remain in the case of the Benelux
countries. The uniform legislation in the Benelux countries does not contain the principle of
"confusion", which is the _sine qua non_ for bringing an infringement action if a similar mark is
used on the market.

 - _External aspect_

**217.** With regard to the external aspect of the single market, the Community, represented by
the Commission, participated as a special delegation in the diplomatic conference for the
conclusion of the Trademark Law Treaty under the auspices of WIPO. The Treaty simplifies
considerably the procedures for registering, renewing and assigning trade marks, thereby limiting the cost of protecting them. It should lead to increased recourse by firms to trade marks.
Similarly, in May the Commission took part on behalf of the Community in the working group

(92) COM(88) 496 final of 28 September 1988 (OJ C 10,13.1.1989). as amended by COM(92) 589 final of 16 December
1992 (OJ C 44, 16.2.1993) and by COM(94) 245 final of 9 June 1994.

(93) COM(94)344finalof30 September 1994 (OJC 290,18.10.1994).

(94) COM(94) 579 final of 9 December 1994 (OJC 390.31.12.1994).

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64 _'_ PART TWO - DETAILED REVIEW

drawing up rules implementing the Madrid Agreement and the Madrid Protocol (WIPO conventions on the international registration of trade marks).

**C.** **Measures against counterfeiting**

**218.** The Commission is also taking measures to combat piracy, of which there has been a
resurgence in the Community. On 22 December the Council adopted Regulation (EC)
No 3295/94* laying down measures to prohibit the release for free circulation, export, re-export
or entry for a suspensive procedure of counterfeit and pirated goods.

**D.** **Case-law of the Court of Justice**

219. With respect to copyright, attention must be drawn to the judgment delivered by the
Court on 20 October 1993 in the _Phil Collins_ and _Patricia_ cases(95).

The questions put in these cases were raised in connection with two disputes. One was
between the British singer/songwriter Phil Collins and a record distributor and concerned the
marketing in Germany of a compact disc containing a recording, made without Mr Collins's
consent, of a concert he had given in the United States. The other was between EMI Electrola,
the holder in Germany of exclusive rights to exploit recordings of shows given in the UK in
1958 and 1959 by the British singer Cliff Richard, and a company called Patricia, and
concerned the marketing by the latter in Germany of phonograms containing recordings of the
shows.

Under the German Copyright Act, authors or performers from other Member States and those
claiming under them are denied the right, accorded to German nationals, to prohibit the marketing in Germany of a phonogram manufactured without their consent where the performance
was given outside Germany.

In its judgment, the Court held that copyright and related rights, which fall within the scope of
the EC Treaty, are necessarily subject to the general principle of non-discrimination laid down
in Article 6 (formerly Article 7) of that Treaty, without there even being any need to connect
them with the specific provisions of Articles 30*, 36*. 59* and 66 thereof. The Court went on to
define the content of that provision, stating that, in prohibiting "any discrimination on grounds of
nationality", it requires that persons in a situation governed by Community law be placed on a
completely equal footing with nationals of the Member State concerned. In so far as that principle is applicable, it therefore precludes a Member State from making the grant of an exclusive right subject to the requirement that the person concerned be a national of that State. The
principle may, in the Court's view, be directly relied upon before a national court by an author
or performer from another Member State, or by those claiming under them, in order to claim
the benefit of protection reserved to national authors and performers.

It follows from this judgment that Member States are required to grant nationals of other
Member States the same rights and protection as they grant holders of national rights.

**§ 4 -Company law and** **financial** **information**

220. Company law is in a state of flux and needs to be adapted to take account of the needs
of companies in the single market. The Directives which have been adopted so far on the basis

**(95)** **Judgements of the Court of 29 October** **1993** **in joined** Cases C-92/92 and C-326/92 (1993] **ECR** **1-51** 45.

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 65

of Article 54* of the EC Treaty have contributed to the approximation of national laws on the
protection of shareholders, creditors and third parties.

The Single Act and the Treaty on European Union seek to facilitate cooperation and mobility
among companies in order that they might enjoy the benefits of a unified market. Nevertheless,
the need to respect the principle of subsidiarity enshrined in Article 3b* of the Treaty means
that due regard must be had to the cross-border aspects of company law.

**221.** In this context the **European company** is high on the list of priorities. At present,
companies from different Member States still cannot merge without resorting to complex and
costly arrangements. The creation of the European company would afford those companies
which so wish the opportunity to restructure more easily by means of cross-border mergers. It
would also enable those companies which so wish to transfer their registered office within the
Community without having to .be -dissolved and re-formed. The proposal for a Directive,
concerning cross-border mergers of public limited companies (Tenth Directive) might also play
a major part here. The speedy adoption of these two instruments is considered a priority by the
business community, as is pointed out by UNICE in the memorandum it has sent to the new
Commission.

**222.** Other measures proposed by the Commission are still awaiting approval by the Council.
These include the proposal for a Directive on takeover and other general bids (Thirteenth
Directive). At the Edinburgh and Essen European Councils the Commission undertook to
present a revised version of the proposal with a view to dealing with the existing legal obstacles.

**223.** Then there is the proposal concerning the structure of public limited companies (Fifth
Directive). It is more than 20 years since the original proposal was presented, and in view of
trends in some Member States' company law since then there is a need for a study on simplification of the rules governing the functioning of public limited companies in the European
Union. The aim is to determine whether the law on public limited companies should be simplified in keeping with the need for effective company management. The results of the study
should be known in the course of 1995.

**224.** On 21 March the Council adopted Directive 94/8/EC* amending Directive 78/660/EC* in
order to incorporate the results of the five-yearly revision of the amounts in ecus used to define
the SMEs to which Member States grant derogations regarding annual accounts

The Commission will explore possible ways of improving the level of financial reporting within
the Union and of strengthening its position in international accounting harmonization. There is
some pressure, especially from business, for a Community initiative along such lines, given the
internationalization of capital markets and the growing predominance of US standards.

In order to obtain an overview of existing barriers to the establishment of a single market for
audit services, the Commission has launched a study of the main differences in Member
States' laws and regulations concerning the role, responsibilities and position of the statutory
auditor.

**225.** In 1994 the Accounting Advisory Forum held two meetings, at which it discussed cash
flow statements, environmental issues in financial reporting and the application of the prudence
and matching principles. Documents are being prepared on these subjects. The Forum is an
advisory body of experts from main parties interested in accounting in the European Union,
including national standard-setting bodies, preparers, users and auditors of accounts and
accounting academics. Its main function is to advise the Commission on accounting matters
and possible ways of facilitating further harmonization in the accounting field. Since it was
created in 1990, the Forum has finalized position papers on accounting for government grants,
foreign currency translation and accounting for lease contracts. These documents will be
published by the Commission in 1995.

The Accounting Directives Contact Committee also held two meetings in 1994. It is a body
composed of representatives from the Member States which was set up by the Fourth Directive
(78/660/EEC*). Discussions addressed the negotiations taking place in the IOSCO Technical
Committee's working party on accounting standards, the relationship between environmental

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**66** PART TWO - DETAILED REVIEW

audit and statutory audit, application of certain provisions of the Seventh Directive
(83/349/EEC*) and the future of accounting harmonization in the European Union.

Finally, in 1994 the Commission brought an infringement action before the Court of Justice
against Germany for non-disclosure of annual accounts by a large number of companies in that
Member State.

**§ 5 -Taxation**

**A.** **Indirect taxation**

226. The picture after the new VAT and excise duty arrangements have been in operation for
two years is largely positive and encouraging, even if some difficulties remain.

Various evaluations have been made of the transitional VAT arrangements, on the initiative of
both private firms and organizations (studies by Deloitte Touche Tohmatsu, KPMG Peat
Marwick, the BDI (Federal Association of German Industry), the FEB (Fédération des entreprises de Belgique) and some Member States (studies initiated by H.M. Customs and Excise in
the United Kingdom and conducted by the Economic Institute for small and medium-sized
enterprises in the Netherlands). The Euro Info Centres have also made an assessment of how
the new VAT arrangements are working.

If the results of these studies are compared a number of constants emerge which confirm the
main conclusions of the Commission report on the operation of the transitional VAT arrangements (96).

227. Thanks to the Enterprise Consultation Committee, the Advisory Committee on Customs
and Indirect Taxation, Commission Working Party No 1 (on which the tax administrations are
represented), the VAT Committee and the Excise Committee, solutions have in many cases
been found for these difficulties and simplifications have been introduced (treatment of triangular transactions, contract work). Other simplifications, in both the VAT and the excise duty
fields, have been formally proposed by the Commission and are under discussion in the
Council. As regards VAT, the proposal for a second simplification Directive (treatment of
certain chain transactions, work on movable property) is still under discussion within the
Council. In the case of excise duty, the proposal for a Directive containing simplification measures (clarification of the text of Directive 92/12/EEC*. relaxation of certain rules) was adopted
in December 1994.

228. The Commission has launched a comparative survey of national legislation on VAT and
excise duty into which Community legislation has been incorporated: the survey will pay special
attention to how these rules actually work in practice. (97).

The first report evaluating the new tools for administrative cooperation introduced on 1 January
1993 under the transitional VAT arrangements confirms that the means chosen (the VAT
information exchange system (VIES), the Standing Committee on Administrative Cooperation
and the CLO (Central Liaison Office) are consistent with the objectives set by Regulation (EEC)
218/92 (Report (94) 262 final)).

In addition, in order to achieve closer cooperation between national administrations, a
Community programme (Matthaeus-Tax), which is modelled on the programme in the customs
field, has been introduced for the training and exchange of tax administration officials. Under
this programme, two-month exchanges of one hundred officials took place in 1994.

**(96)** **COM (94)** **51** 5 **final of 23 November** **1994**

**(97)** O J C **189** **of 12 July 1994.**

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PAR r TWO - DETAILED REVIEW 67

229. Nevertheless the difficulties encountered by business are a reminder that firms and
consumers do not yet enjoy all the advantages expected from a single market: the need to
prove the intra-Community nature of their operations, the burden of the identification and declaration requirements and the deterrent effect of certain provisions are all obstacles to the
expansion of trade between Member States. These difficulties, combined with the large number
of rules applicable, translate into complex mechanisms for applying the common system of
VAT, despite the simplicity of Its operating principles.

The difficulties encountered will not be solved satisfactorily under the transitional arrangements, because these difficulties are the direct and inevitable result of rules adopted by the
Sixth Directive (relating to the place where transactions are taxed and the place where tax is
deducted) and of choices made by the Council.

230. Examination of experience under the transitional arrangements will serve as a basis for
drawing up the definitive system. In order to prepare for the forthcoming debate on the nature
of the definitive system, the Commission organized a conference on 27 and 28 June 1994
which provided an opportunity for wide-ranging consultation of all interested parties.

The definitive VAT system will have to take account of the following points:

      - simplicity for taxable persons and national tax administrations;

      - equal treatment and neutrality of taxation for domestic and intra-Community transactions;

      - implications tor the approximation of VAT rates;

      - implications for the harmonization of the right to deduct, exemptions, special
schemes (in particular for small firms);

      - detection and combating of fraud;

      - assuring Member States' and Community revenue from tax.

The Importance of this dossier calls for an ambitious approach from the Commission, involving
exhaustive preparation and wide-ranging consultation of the Interested parties.

The Commission intends to present guidelines for the definitive VAT system to the ECOFIN
Council _as soon as_ _possible._

**B.** **Direct taxation**

231. Tax regimes In force in the Member States continue to inhibit the proper functioning of
the internal market. Differences in national tax regimes both hinder the expansion of enterprises into other national markets and create bamers to the free movement of people. The
Commission has focused Its action on five areas. These are:

      - the elimination of double taxation on cross-border income and gains;

      - the introduction of a more' neutral system of taxation of savings;

      - the realisation of a neutral system of taxation of insurance services;

      - the taxation of individuals who are resident in one Member State but earn their living
in another; and

     - the Improvement of the fiscal environment of SMEs. which face particular problems in
developing their activities beyond national boundaries.

However these efforts have not resulted in any substantial progress, which Is particularly difficult to achieve as decisions of the Council with regard to taxation matters still require unanimity.

232. SMEs, in particular, are unable, as yet, to take full advantage of the single market, and
encounter difficulties in the legal and fiscal environment in which they operate. They are often
taxed more heavily, and have to bear proportionally higher costs when they operate across
borders than in the case of a purely national activity. As SMEs are generally believed to be

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68 PART TWO - DETAILED REVIEW

significant contributors to the creation of employment and _to economic_ growth, the Commission
launched the following initiatives to improve their situation:

      - it adopted, on 25 May 1994, a Communication on the improvement of the fiscal environment of SMEs (98), indicating four fields of action These are: achieving tax parity
between incorporated and unincorporated enterprises; reducing the administrative
burdens on SMEs beginning to engage in cross-border activities by taxing their
permanent establishments in their country of residence; providing appropriate fiscal
treatment for venture capital investment; and the taxation of the transmission of
enterprises;

      - in parallel, it issued a Recommendation inviting the Member States to correct the
deterrent effects of progressive rates of income tax payable by sole proprietorships
and partnerships in respect of reinvested profits (94/3907EC*). and to eliminate tax
obstacles to changes in the legal form of enterprises, in particular the incorporation of
sole proprietorships or partnerships;

      - on 7 December 1994, following its Communication of 23 July 1994, it issued a
Recommendation inviting the Member States to take action to improve the fiscal
environment relating to the transfer of ownership of SMEs, with the objective of safeguarding the fabric of such businesses and saving jobs (99).

Improving the taxation environment is an ongoing concern. The Commission will take account
of reactions to the four main orientations set out in the Communication of 25 May 1994 in
deciding how to take forward its consideration of the taxation of permanent establishments and
of venture capital investment.

233. Double taxation remains a limiting factor for the smooth functioning of the Internal
Market for companies, and progress in view of adopting Commission proposals to reduce
double taxation remains slow. On 30 November 1994 the Commission withdrew the proposal
for a directive abolishing withholding taxes on interest and royalty payments, as there was no
unanimous agreement in the Council _on_ the desirability of such a directive. As the problem of
the double taxation of cross-border interest and royalty payments has not gone away, the
Commission will continue to work towards a solution, which might lead to new legislative
proposals. Nor has the Council yet discussed the proposals to extend the scope of the parentsubsidiary and merger directives or the proposal for a directive on the taking into account by
companies of losses incurred by their permanent establishments or subsidiaries in other
Member States.

Overall, the situation in relation to taxation of companies in a single market remains unsatisfactory.

234. However the Council met several times to discuss the question of the taxation of
savings. The Council sought a consensus solution based on the co-existence of withholding
tax systems and declaration-based systems to ensure a minimum level of taxation.

Member States considered that the co-existence of the different systems of taxation required a
balance in the exchange of inforrhation between those States with a withholding tax, which
generally have banking secrecy, and the other States They also underlined the need for any
Union-wide solution to this question to preserve the competitiveness of financial centres in the
Union. No agreement has yet been reached on this complex issue. However, all Member
States have agreed to sign and ratify the Council of Europe Convention on Mutual Assistance
in criminal matters (of 1959) (not yet signed by Ireland) and its Additional Protocol regarding
tax offences (of 1978) (not yet ratified by Belgium and Luxembourg).

235. The Commission has set up a working group to simplify the withholding tax procedures
on interests, dividends and royalties. An agreement in principle has been reached on the use of
the direct application of reduced rates of withholding tax, rather than later reimbursement one,
and on the use of a common form The working group is now focusing on the necessary practi

**(98)** **OJ** C **187** **of** 9 **July** **1994.** **pp.** **5-11**

**(99)** **COM(94)** **3312** **final of 7 December** **1994**

THF SINGLE MARKET IN 1994

PART TWO-DETAILED REVIEW 69

cal arrangements. A common approach for the certification of residence is still under discussion.

**236.** On 1 July 1994, the third generation life insurance directive (92/96/EEC*) entered into
force, thereby opening up the possibility for life insurance companies to sell their products
cross-border without having to be established in the Member States where they trade. Some
Member States' tax systems, however, still make a distinction between the tax treatment of
policies sold by an established insurer and the treatment of policies with a non-resident insurer.
Typically, the discrimination involves the tax deductibility of premium payments made by the
policy holder, although it can also occur with the taxation of the proceeds of foreign policies.
These differences remain a barrier to the cross-border sale of policies in certain Member States
and hinder the development of the internal market in insurance. The Commission has taken up
with the Member States concerned the matter of the compatibility of these national tax provisions with the fundamental freedoms in the EC Treaty. The working group which it set up with
Member States to try to solve the wider issues of how to prevent the loss of tax from crossborder policies if certain of these national provisions are dismantled, also continued to meet. In
1994, this group considered two possible solutions, both based on the exchange of information
between Member States about life insurance policies and policy holders. Member States have
not, however, yet been able to agree upon a common approach.

**237.** Furthermore, within the framework of Directive 77/799/EEC* of 19 December 1977
conceming mutual assistance between the competent authorities of the Member States in the
field of direct taxation, two meetings took place between the Member States and the Commission, to streamline the information exchange process. These meetings led to the introduction of
some internal guidelines on the conduct of exchange of information on request, as well as a
code of practice on the time it should take for requests to be answered which should ultimately
benefit companies as well.

**238.** Following Commission Recommendation 94/79/EC of December 1993 conceming the
taxation of non-resident individuals who earn income in a Member State other than that of their
residence, the Commission continued to receive a large number of complaints and questions
relating to such cases. The Commission maintained that it was unacceptable for individuals
who lived in one Member State but received the vast majority of their income from another to
be taxed more heavily than individuals who lived and worked in the same Member State. Such
an outcome was contrary to the basic freedom of movement for workers provided for by Article
48 of the EC Treaty. Following a hearing in October 1994, the Court of Justice delivered its'
ruling in February 1995 on an important case in this regard (Finanzamt Kôln - Altstadt vs
Schumacker C-279/93). In that case a Belgian national, who was also resident in Belgium,
derived all or virtually all his income from employment in Germany. He claimed certain tax
advantages and reliefs which were, under German tax law, accorded only to residents of
Germany, notably a reduction in his tax liability arising from the way of taxing married couples.
The Court's decision, given on 14 February 1995, was in his favour, thus validating at the same
time the Commission's position, as set out in its recommendation.

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

**239.** Recognizing the important role that SMEs should play in stimulating growth and creating
employment, the Community's enterprise policy concentrates on creating an environment to
improve the competitiveness of enterprises, particularly small and medium-sized ones, and to
provide the support services necessary to take advantage of the opportunities provided by the
single market. This multi-annual programme concentrates on providing better access to
Community information for enterprises; improving the business partner search networks offering cooperation opportunities; developing measures to provide for direct contact between
entrepreneurs; and promoting subcontracting opportunities and greater involvement in public
procurement.

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70 PART TWO - DETAILED REVIEW

**Information**

240. The provision of basic information is increasingly a requirement for SMEs who want to
take advantage of the opportunities provided by the single market. The Euro Info Centre (EIC)
network is now providing a more sophisticated range of services to assist SMEs, including
market information on standards and certification, on public procurement opportunities (through
the use of special software), and the identification of appropriate contacts in other Member
States. The EICs in turn have proved to be a valuable source of detailed information on SMEs'
experience about operating in the single market EICs have also acted on behalf of SMEs that
are facing problems but do not wish to raise any formal complaint

**B.** **Cooperation**

241. The Commission has expanded its major networks for promoting cooperation between
businesses, i.e. the Business Cooperation Network (BC-Net) and the Business Cooperation
Centre (BRE). BC-Net has 530 members on five continents, 495 in the Member States and 35
in 26 non-member countries. In 1994 BC-Net forwarded 8 300 cooperation profiles of a
commercial, technical or financial nature. The BRE network, which has nearly 500 correspondents in 59 countries, underwent technical and operational improvements during 1994.

Europartenariat is _an_ initiative started by _the_ Commission to encourage partnership and cooperation between SMEs in less developed regions and/or regions in industrial decline with other
companies in the Union. Europartenariat events were held in Gdansk, involving 400 Polish
companies, and in Bilbao, involving 480 Spanish companies

**C.** **Support measures**

242. Measures in support of businesses have included pilot projects on vocational training,
standardization and certification, finance, research and technological development, and
marketing.

The Euromanagement network of tiaining and consultancy bodies has initiated pilot projects to
prepare SME managers to take part actively in the single market and avail themselves of the
opportunities provided. Under one Euromanagement project 843 SMEs were evaluated and
then advised by consultants on standardization, certification, quality assurance and safety at
work. The aim of this project was to obtain a better idea of the problems of adapting to European requirements in these fields

The Second European Conference foi aart and _smèW_ enterprises "Craft and Small Enterprises,
the Key to Growth, Employment and Innovation" was held in Berlin on 26 and 27 September
1994. More than 1 200 representatives of the (.raft and small business sector and the national
and regional governments of the European l inion and the EEA States participated in the six
workshops and the plenary meeting aimed al improving the competitiveness of small and craft
enterprises and facilitating their integration into trie single market

**Commerce**

243. Several studies on topics of intcr^t to commercial t>MEs within the Union were
commissioned. Subjects covered include: an analysis of the impact of the block exemption for
distributors of motor vehicles; the role of independent organized networks in the modernization
of commerce; and structural changes in retailing within the European Union.

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PART TWO - DETAILED REVIEW 71

Under the Commerce 2 000 project, the Commission launched a call for tenders to promote
cooperation in the fields of training and technology which resulted in 55 contracts being signed
for the co-financing of feasibility studies.

**E.** **Access to finance**

**244.** Many small and medium-sized enterprises remain unable to take advantage of the single
market because of continuing problems with access to finance. The Round Table of leading
representatives from the banking sector set up by Commissioner Vanni d'Archirafi in 1993
looked at best practices within the European Union, including ways of improving relatjons
between banks and SMEs, and considered how the financial instruments at the* European
Union's disposal could best be used to benefit SMEs. the Round Table submitted its final
report to the Commission on 19 May 1994. Apart from bank lending, other recommendations
concern the establishment of a European Capital Market for SMEs and the role to be played by
the EIF in improving the overall fiscal environment of SMEs.

**F.** **Transfer of businesses**

**245.** While SMEs play an important role in creating growth and employment, unfortunately
thousands of SMEs disappear every year because they have not overcome the difficulties
involved in transferring them. The Commission issued a Consultation Paper in July 1994 **(100)**
which was widely commented on and held a Public Hearing on 17 October 1994 with interested
parties. In the light of the ideas that emerged from the consultation process, a Recommendation on the Transfer of Small and Medium-sized Enterprises was addressed to the Member
States on 7 December 1994 (101). Its aim is to eliminate the main obstacles to successful
transfers by extending throughout the Community initiatives which have hitherto remained
limited to Member States. In particular the Member States are asked to introduce measures
aimed at increasing owners' awareness of the problems involved in transfer and encourage
them to prepare for this operation during their lifetime by:

     - creating a financial environment suited to a successful transfer;

     - enabling businessmen to prepare for transfer by offering suitable instruments;

     - ensuring the continuity of partnerships and sole proprietorship in the event of the
death of a partner or the owner;

     - providing for successful transfers within the family by ensuring that inheritance and
gift taxes do not jeopardize the survival of an enterprise;

     - providing tax incentives for businessmen to transfer enterprises by selling them,
primarily when there is no one within the family to continue the business.

Implementation of the measures which have been recommended to the Member States will
help to ensure the continued existence of SMEs, and of the jobs they provide (see also para.
232 above, on direct taxation).

**(100)** **OJ C 204 or** 23 July **1994,** p. 1

**(1** 01 ) **COM(94)** 3312 final of 7 December 1994

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**72** **PART TWO - DETAILED REVIEW**

**§ 7 -Commercial communications**

246. Commercial communication covers all forms of marketing communication (advertising,
sponsorship, direct marketing and public relations). Since all industrial and service sectors in
the European economy are concerned, commercial communication is subject to a host of
differing types of regulations. The Commission therefore believes that coherent policy in this
area requires strengthening of internal co-ordination. In preparation for the publication in 1995
of a Green Paper on this subject, the Commission completed an extensive round of consultations with all interested parties on the role of commercial communication in the single market
and potential.barriers.to the circulation of such, services.within the Union. The results of three
seminars held in 1993 were complemented by a market research survey across the Union and
an open postal questionnaire.

247. The Green Paper will describe how greater coordination might be achieved based on (i)
an in-depth review of the role of commercial communication within the Union and (ii) an analysis of the regulatory framework which covers these forms of communication. It will include:

     - operational guidelines explaining the Commission's policy approach, given the objectives for which it has competence;

     - an explanation of how the principles of subsidiarity and proportionality would be
applied;

     - an assessment and a proposal for a commercial communication central contact and
market monitoring point within the Commission;

     - a list of potential policy problems in specific areas that will require further consideration.

**§8 -Media**

**A.** **Media ownership**

248. The Green Paper _Pluralism and media concentration in the internal_ _man\et._ _An assess-_
_ment of the need for Community action_ (102) identified a number of obstacles to the smooth
functioning of the internal market caused by disparities between national measures on media
ownership (television, radio, press). The aim of these measures is to protect pluralism by limiting ownership by a single person of several media companies at once. The Green Paper
concluded by presenting different possible options. During the consultation process conducted
on the basis of the Green Paper numerous contributions were obtained from the interests
concerned and opinions were received from the Economic and Social Committee (103) and
Parliament (104), which on 20 January 1994 adopted a Resolution on this matter.

On 5 October the Commission adopted a Communication to Parliament and the Council on the
follow-up to the consultation process (105). This is an intermediate report which presents an
analysis of the consultation on the question of the need for Community action. It concludes that
an initiative at Community level relating to media ownership could prove necessary and that it
is therefore appropriate to continue the consultation. A second round of consultation has the
objective of establishing whether an initiative is required and providing the main factors of

**(102) COM(92)** **480** **final** **or** **23 December** **1992.**

**(103)** **OJC 304 of 10 November** **1993,** **p. 17.**

**(104) OJ** **C 44** **of 14 December 1994, p. 177.**

**(105)** **COM(94)** **353 of 5 October 1994 (OJ C** **323.** **21.11.1994).**

THE SINGLE MARKET IN 1994

**PART TWO** **-** **DETAILED REVIEW** **73**

assessment essential for establishing the content of a possible initiative. A questionnaire was
circulated accompanied by two studies with a view to having contributions in the spring of 1995.

**B.** **Legal protection for coded radio signals**

**249.** As announced in the Strategic Programme, a Green Paper is in preparation on the
protection of coded signals for televisual and audio broadcasting. The present legal uncertainty
with regard to the protection of coded television services and the various solutions adopted by
existing national laws are not only a barrier to the movement of these services, but also to
trade in signal decoders. The Green-Paper will examine whether new Community measures
could play a role in removing bamers to the movement of coded television services and signal
decoders.

**250.** Two studies have already been carried out on the protection of coded broadcasting
services. The first concentrated on the economic and technical aspects, and in particular the
coding systems currently used, their advantages and defects, and their vulnerability. The
second dealt with the legal aspects, analysing the factors determining the development of
coded broadcasting services, the causes of piracy, and the legal solutions which have sometimes been adopted.

A third study has now been launched on the national rules existing in the Union in order to
evaluate their compatibility with the principles of the single market. In addition in 1994 contacts
took place with the professionals concerned (broadcasters, cable distribution companies, copyright owners) on the problems caused by the present legal situation. These contacts illustrated
the interest of the parties concerned in the Commission initiative. Professionals, whether
programme makers or distributors, feel the need for greater protection of coded broadcasting
services, since this would permit the development of satellite services intended for a European
audience. Further meetings with the professionals will take place in order to discuss any
Community measures. The draft Green Paper should be completed in the first half of 1995.

**C.** **Audiovisual policy**

**251.** On 6 April 1994 the Commission adopted a Green Paper entitled "Strategy options to
strengthen the European programme industry in the context of the audiovisual policy of the
European Union" (105). This Green Paper focuses on a specific aspect of the audiovisual industry, the development of the European film and television programme industry. It has launched a
debate on options for the future around three lines of action, namely:

     - the mles of the game;

   - financial incentives at Union level;

     - the convergence of national support systems.

The Green Paper was submitted to professional circles for wide-ranging consultation, in particular at the European Audiovisual Conference held in July 1994.

On the basis of the outcome of the Conference proceedings and of various contributions from
professional organizations, firms and national authorities, work has been initiated with a view to
preparing proposals on the MEDIA 2 programme and revising the "Television without Frontiers"
Directive (89/552/EEC*).

**(106)** **COM(94)96of4June1994.**

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74 PART TWO - DETAILED REVIEW

**§ 9 - Protection of personal data**

**252.** The Internal Market Council reached political agreement in December 1994 on the
amended proposal for a Directive on the protection of individuals with regard to the processing
of personal data and on the free movement of such data. The common position was adopted
by the Council on 20 February 1995.

The Directive aims to narrow divergences between national data protection laws to the extent
necessary to remove obstacles to the free movement of personal data within the EU. As a
result, any person whose data are processed in the Community will be afforded an equivalent
level of protection of his rights, in particular his right to privacy, irrespective of the Member
State where the processing is carried out.

**253.** Until now, differences between national data protection laws have resulted in obstacles
to transfers of personal data between Member States, even when these States have ratified the
1981 Council of Europe Convention on personal data protection. This has been a particular
problem, for example, for companies wishing to transfer data conceming their employees
between their operations in different Member States.

Such obstacles to data transfers could seriously impede the future growth of information society
services, particularly those dependent on personal data such as financial services and distance
selling. As the Bangemann Group report to the Corfu European Council remarked : "Without
the legal security of a Union-wide approach, lack of consumer confidence will certainly undermine the rapid development of the information society". As a result the Corfu European Council
called for the rapid adoption of the data protection Directive.

**254.** To prevent abuses of personal data and ensure that data subjects are informed of the
existence of processing operations, the Directive will lay down common rules, to be observed
by those who collect, hold or transmit personal data as part of their economic or administrative
activities or in the course of the activities of their association.

In particular, there will be an obligation to collect data only for specified, explicit and legitimate
purposes, and for data to be held only if relevant, accurate and up to date. The Directive will
also establish the principle of fairness, so that collection of data should be as transparent as
possible. The Directive will require all data processing to have a proper legal basis. The six
legal grounds defined in the Directive will be: consent, contract, legal obligation, vital interest of
the data subject or the balance between the legitimate interests of those controlling data and
those on whom data is held (i.e. data subjects).

**255.** Data subjects will be granted a number of important rights including the right of access to
data, the right to know where the data originated (if such information is available), the right to
have inaccurate data rectified, a right of recourse in the event of unlawful processing and the
right to withhold permission to use their data in certain circumstances (for example, individuals
will have the right to opt out free-of-charge from being sent direct marketing material without
providing any specific reason).

In the case of sensitive data, conceming an individual's ethnic or racial origin, political, religious
or philosophical beliefs, trade union membership or health or sexual life, the Directive will
establish that data can only be processed with the explicit consent of the individual, except in
specific cases such as where there is an important public interest (e.g. for medical or scientific
research), where alternative safeguards will have to be established.

The common position has been sent by the Council to Parliament for a second reading and
adoption under the co-decision procedure.

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PART TWO - DETAILED REVIEW 75

**Section 6 - Public procurement**

256. During the year the Community legislative framework in the public procurement field was
supplemented with entry into force of the last consolidated directives. Several important decisions by the Court of Justice also clarified aspects of the public procurement rules. The
Commission strove to take greater account of the special problems encountered by SMEs in
bidding for contracts by holding a seminar devoted specifically to the question and by looking
into various concrete measures that could be taken to help SMEs. In the external relations
field, the new.govemment procurement agreement was signed in Marrakesh on 15 April in the.
context of the Uruguay Round (see Section 9).

**§** **1** **- Development and application of the new legislative framework**

**A.** **Application of the Community rules**

257. Following the entry into force this year of the last consolidated directives (Directives
93/36/EEC*, 93/37/EEC* and 93/38/EEC*), the Commission stepped up checks on transposai
of the legislation, taking action against those Member States that failed to fulfil their general
obligation to communicate their national implementing measures and examining the measures
communicated by Member States that had transposed these and earlier directives.

258. Taking account of the extra time that Spain, Greece and Portugal have been allowed for
transposing Directive 93/38/EEC* (and Directive 90/531/EEC*), most Member States have
failed to meet the deadlines of 14 June 1994 and 1 July 1994 for transposing Directives
93/36/EEC* and 93/38/EEC*, while there are still major delays in transposing some of the
earlier directives, in particular Directive 92/50/EEC* on services and Directive 92/13/EEC*j)Q
review procedures in the utilities sectors.

Of the 23 infringement proceedings in hand for failure to communicate national measures
implementing the public procurement directives, nine were initiated in 1994 and concern Directive 93/36/EEC*.

Following its examination of measures communicated, the Commission discovered five new
infringements over and above the 16 for which it had already initiated proceedings in previous
years. These sometimes involve questions of principle that could jeopardize the opening-up of
public procurement in the Member States concerned.

The situation with regard to Directive 92/50/EEC* is alarming, since most Member States have
so far failed to communicate their national implementing measures, which they are not
expected to adopt in the near future, and the others have adopted measures that are sometimes far from satisfactory.

The Commission of course continued to follow up proceedings initiated in connection with its
scrutiny of the transposai of earlier directives (the amended Works Directive 71/305/EEC* and
the amended Supplies Directive 88/295/EEC*) and brought one case for faulty transposai
against Germany to the Court of Justice.

259. The Commission stepped up its checks on application of the rules by contracting authorities and contracting entities in each of the Member States. These checks focused in particular
on the conditions in which Member States award contracts for the supply of pharmaceutical
products. It also dealt with all infringements, discovered as a result of complaints or through its
own investigations, involving the application of rules of Community law that can be relied on in

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**76** **PART TWO - DETAILED REVIEW**

the public procurement field (directives and Treaty articles); the number of such infringements
doubled as compared with 1993, most probably as a result of the progressively wider implementation of the directives following entry into force of the most recent texts.

_a)_ _Action by_ _**the Commission**_

**260.** Of the 206 cases dealt with in **1994** (including 121 new cases opened), the Commission
settled matters with the Member State concerned in 66 cases before the infringement proceedings had run their full course. To that end, it set up procedures for dialogue and consultation (in
particular through bilateral meetings with individual Member States to discuss a range of
issues) in order to offer Member States the legar and technical assistance they need and to
endeavour to find mutually acceptable solutions to disputes in accordance with Community law.
A few examples are worth mentioning.

Greece

**261.** For the construction of an aqueduct at Reressi, a public works contract was awarded in
breach of the mles on publication of a tender notice. The Greek authorities claimed that the
work had to be done as a matter of urgency and that the contract went hand-in-hand with
construction of another aqueduct at Evinos. The Commission refuted these arguments: the
drought had already existed for a very long time, and the two aqueducts were two entirely separate structures. Following the Commission's intervention, the Greek Government agreed to
annul its decision awarding the contract.

Portugal

**262.** In awarding a contract for the supply of computer equipment, the Portuguese public body
concerned assessed the tenders submitted but then eliminated the two top-ranking tenders on
the basis of criteria that had not been mentioned in the tender notice or the tender specifications. The Commission also noted breaches of Articles 30* and 59* of the EC Treaty. In the
end, the Portuguese authorities cancelled the contract and started a new award procedure.

Belgium

**263.** For the construction of a building intended for the Flemish Executive, a works contract
was awarded without prior publication. The Commission's intervention prompted the Belgian
authorities to draw up tender specifications and publish tender notices.

Italy

**264.** The Mezzogiomo had a system of regional preferences whereby 30% of public supply
and public service contracts awarded by administrations were reserved for local firms.

In its judgment of 20 March 1990 in the _Du Pont de Nemours_ case (107), the Court of Justice
had already declared this system incompatible with Article 30* of the Treaty. Following further
intervention by the Commission, the Italian- authorities embarked on a reform of their legislation, eliminating the provisions establishing the system of preferences for firms located in the
Mezzogiomo and thereby putting an end to these infringements of Community law.

Germany

**265.** The city of Hamburg published a tender notice for the supply of concrete sleepers which
referred exclusively to Deutsche Bundesbahn house standards and accepted only technical

**(107)** **Judgement of** **the** **Court of 20 March** **1990** **in Case** **C-21** **/88 [1990]** **ECR** **1-889.**

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PART TWO - DETAILED REVIEW 77

experience relevant to the supply of similar products certified by Deutsche Bundesbahn. In the
wake of discussions between the Commission and the German authorities, the contracting
authority suspended the procedure and agreed to restart it having due regard to the observations made by the Commission.

266. Although public contract award procedures have been harmonized at Community level,
obstacles that may be caught by Articles 30 _et seq.*_ remain. One example of such obstacles is
national rules establishing systems of preferences that reserve a given share of public
contracts awarded by administrations for firms located in certain areas of the national territory.
The Commission has also noted that some tender notices, irrespective of the value of the
contract (above or below the thresholds laid down by the public procurement directives), fail
properly to apply the mutual recognition principle.

_b)_ _Decisions by the Court of Justice_

267. Four important decisions are worthy of mention; other cases are still pending before the
Court and should shortly be decided:

Judgment of 3 March 1994 in Case C-328/92 _Commission_ v _Spain_ rPharmaceutical products")^)

268. The Court of Justice of the European Communities held that Spain's basic social-security
legislation, which enabled the administration to award by direct agreement public contracts for
the supply of pharmaceutical products to establishments covered by the social security
scheme, was incompatible with Directive 77/62/EEC*. The Court stated that the only exceptions allowed to Directive 77/62/EEC* were those exhaustively and specifically listed therein
and that the derogations to the rules aimed at effectively guaranteeing the rights recognized by
the Treaty in the public procurement field must be construed strictly (109); that it is for the
person placing reliance on it to prove that the exceptional circumstances justifying the derogation do in fact exist; and that the conditions laid down must all be satisfied (no).

Order of the President of the Court of 22 April 1994 in Case C-87/94 R _Commission_ v _Belgium_
rWalloon buses") (m)

269. While rejecting the Commission's request that the Court suspend a contract for the
supply of buses, the President of the Court recognized the right to apply for interim measures
to put an end to serious, irreparable harm that can be caused by performance of a disputed
contract. In the case in point, the President nevertheless upheld, on the balance of the interests
at stake, the argument put forward by the Belgian authorities concerning the dilapidated condition of the buses.

The decision also implies that the Commission should not accept any _fait_ _accompli_ and that it
retains the possibility of requesting the Court to act under Article 186* of the Treaty to suspend
performance of contracts concluded in breach of Community rules. This case-law could serve
as an effective warning to contracting authorities that infringe the Community rules on public
procurement.

(108) Judgement of the Court of 3 May 1994 in Case C-328/92 [1994] ECR 1-1569.

(109) Judgement of the Court of 18 March 1990 In Case C-24/91 [1992] EÇR 1-1989, paragraph 36

(110) Op. cit., paragraph 13, for the corresponding provision applicable to public works contracts.

(111) Order of the President of the Court of 22 April 1994 in Case C-97/94 [1994] ECR 1-1395.

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Judgment of 14 April 1994 in Case C-389/92 _Ballast_ _Nedam_ _Groep_ v _Belgium_ (112)

**270.** This reference for a preliminary ruling concerned a Member State's refusal to include on
a list of registered contractors companies that did not possess equipment and staff themselves
but were linked to companies that did.

In line with the arguments developed by the Commission and the conclusions of the Advocate
General, the Court held that the Works Directive allowed a holding company to take part in a
tendering procedure even if it was not itself a contractor or a supplier of the goods covered by
the contract. If, however, the firm submitting the tender did not itself have the resources to
perform the contract, the contracting authority was entitled to check whether, by virtue of
special links, it could effectively rely on the resources available to the other companies
(paragraph 18 and operative part of the judgment).

Judgment of 26 April **1994** in Case C-272/91 _Commission_ v _Italy_ rLottomatica") (113)

**271.** This case concerned the award by the Italian Ministry of Finance of a public contract for
a lottery computerization system. The contract was not publicized in the Official Journal and
was reserved for companies and groupings that were mainly publicly owned. It was awarded to
the Lottomatica consortium.

By Order of 31 January 1992, confirmed on 12 June 1992, the President of the Court of Justice
called on Italy to suspend the legal effects of the award decision and of the contract signed with
the firm Lottomatica. The Italian Government did not comply with these Orders until 27 May
1993.

The Court subsequently found in favour of the Commission, basing its judgment on Articles 52*
and 59* of the Treaty and Directive 93/36/EEC* on public supply contracts.

With regard to Articles 52* and 59*. the Court held that the design and operation of a computer
system were technical activities that fell within the scope of Articles 52* and 59* and rejected
the arguments put forward by the Italian Government, which maintained that they were activities connected with the exercise of official authority within the meaning of Article 55* of the
Treaty.

As far as the Directive on public supply contracts is concerned, the Court stated that, since the
contract related to the supply of an integrated computerized system, including in particular the
supply of certain goods to the administration, it was subject to the advertising and award rules
laid down in the Directive, even if the administration was to become the system owner only
after nine years.

**§ 2 -Community financing**

**272.** The Commission attaches the utmost importance to observance of the principle established in Regulation (EEC) No 2052/88* (114) on the tasks of the Stmctural Funds, whereby
operations financed by the Stmctural Funds, the EIB or the other existing financial instruments
must comply with the provisions of the Treaties and secondary legislation and must be in line
with Community policies, including that on public procurement.

As well as ensuring that policies are consistent, this principle has to do with the effectiveness of
stmctural operations: in the interests of economic and social cohesion, Community rules must
be complied with so that all Member States can benefit:

**(112)** **Judgement of the Court of 14 April 1994 in Case** **C-398/92** **[1994]** ECR **1-1289.**

**(113)** **Judgement of** **the** **Court of 26** **April** **1994** **in** **Case** **C-272/91** **[1994]** **ECR** **1-1409.**

**(114)** **As amended by Council Regulation (EEC) No** **2081/93*** **of 20 July** 1993

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**PART TWO** **-** **DETAILED REVIEW** 79

     - the Member State that receives the funding will obtain the best value for money for
operations financed by the Funds;

     - the other Member States will see that Community funding is used to best effect, and
their own firms will be entitled to bid for contracts under the projects concerned.

**273.** With this in mind, the Commission decided in 1988 to introduce a system for monitoring
compliance with the public procurement rules in the context of projects or programmes
financed by the Structural Funds and Community financial instruments.

For all operations exceeding ECU 25 million, the Commission decisions granting Community
finance require the recipients to send it automatically information on the essential features of
the contracts concerned; smaller operations are monitored by means of random checks. The
new Regulations (EEC) No 2082/93* and (EC) No 1164/94* coordinating thé Structurer Funds

- and the Cohesion Fund thus require the existence of Community finance to be mentioned in all
contract notices published in the Official Journal by the entities in receipt of the funding.

The Commission is also looking into further ways of preventing infringements in connection
with contracts financed by the Community.

The fact remains, however, that, given the scale of the task and the limited resources available
to the Commission, the effectiveness of the monitoring effort depends largely on the attitude of
the Member States and economic operators.

In connection with the Cohesion Fund, a systematic check on compliance with the public
procurement mles was carried out during the successive stages of approval and execution of
all projects financed. From April 1993 to October 1994. some 590 applications for financing of
individual projects or groups of projects under the Cohesion Fund (including 385 applications
relating to the environment and 205 in the transport sector) were thus checked. Checks focused
chiefly on compliance with requirements conceming the advertising of contracts, on conformity
with the directives of requirements laid down in contract notices and on reports on contract
awards (where required by the directives).

**274.** During the year, the Commission sent each Member State the findings of an overall
random check on compliance with the Community mles on public procurement carried out on
projects financed by the ERDF over the period 1985-88. The exercise was also aimed at gaining a general picture of the behaviour of contracting authorities and drawing practical conclusions with a view to adjusting the system of control.

The Commission also received from Greece and Spain amendments which they had made to
their national legislation on public procurement in view of the risk of losing large amounts of
funding as a result of contracts being awarded on the basis of rules that were incompatible with
Community law.

**§ 3 -Advisory Committees**

**275.** To assist the Commission in its task of establishing a Community legislative framework
for public procurement, two committees are in operation:

     - the Advisory Committee for Public Procurement, composed of representatives of the
Member States, which was set up in 1971 by Council Decision 71/306/EEC* of
26 July 1971, as amended by Decision 77/63/EEC* of 21 December 1976, and which
the Commission has to consult;

     - the Advisory Committee on the Opening-up of Public Procurement, composed of
representatives of the business community, which was set up in 1987 by Commission
Decision 87/305/EEC* of 26 May 1987, as amended by Decision 87/560/EEC* of
17 July 1987, and which is a committee of the consultative type that does not come
within the scope of the Regulation on committee procedures.

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80 PART TWO - DETAILED REVIEW

Consultation of these two Committees will continue to provide the Commission with essential
advice in tackling the problems posed by application of the legislation, for example by considering the simplification and consolidation of existing texts and finding pragmatic, reasonable ways
of overcoming the obstacles to the opening-up of public procurement. Adjustments will have to
be made to the existing rules, in that emphasis will have to be placed on economic rather than
legal aspects.

276. To ensure that information flows satisfactorily between itself and those involved in public
procurement, the Commission decided to set up an in-house information service for which the
contact point is to be the secretariat of the Advisory Committees. This information exchange
system is now in the process of being launched (115).

**§ 4 -Information systems for public procurement** **(SIMAP)**

277. More than two years ago the Commission conducted a study on the use of information
technology in public procurement which led to a project known by the acronym SIMAP - information system for public procurement.

The study recommended in particular that:

     - electronic data interchange (EDI) should be introduced;

     - computerized information systems for public procurement should use European and
International standards,

There are two main information flows: one between the national purchasing entities and the
Publications Office, the other between purchasing entities. There are about 400 000 purchasing
entities in the EU covered by the Directives, of which some 100 000 publish contract notices
regularly or occasionally. The Publications Office received at least 100 000 notices this year
and is expected to receive 150 000 within two years. These notices are published daily in the
Official Journal and in Tenders Electronic Daily (TED) and are thereby made known to all
potential suppliers.

Even if only ten percent of purchasing entities and one percent of potential suppliers were
prepared to participate in electronic procurement they would represent 170 000 new EDI users
within the context of electronic tendering. The recommendations in the report on 'Europe and
the global information society', presented to the European Council in June 1994, identified
public procurement as one of the top ten priority applications for information technology. In the
report it was suggested that at least 10% of all purchasing authorities should have electronic
tendering procedures implemented within the next two to three years to gain a critical mass for
the general conversion.

278. Four main SIMAP pilot projects have been defined to check the technical feasibility of
such an information exchange system and to estimate the likely operating costs:

1 - Notification (procurement notices);
2 - Information dissemination;

3 - Market monitoring and analysis;
4 - Information exchange between purchasers and suppliers.

279. In order to monitor present activities and to guide the future development of the overall
information system for public procurement, especially with regard to the introduction of electronic data interchange, the Commission last year suggested to the Western European Edifact

(115) The address of the contact point is as follows:

DG XV/B/4 - C100    - Mr Paul Fraix - Rue de la Loi, 200 - B-1049 Brussels
Tel. No: (+32-2) 295 89 46     - Fax: (+32-2) 295 01 27
E-mail (i) X 400: G=Paul; S=Fraix; 0=dg15; P=CEC; A=RTT; C=BE
(ii) INTERNET: [Paul.Fraix@dg15.cec.be](mailto:Paul.Fraix@dg15.cec.be)

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PART TWO - DETAILED REVIEW 81

Board (WEEB) that a new Edifact message development group be set up in that area. As a
result Message Development Group 12 - Public Procurement was established.

280. SIMAP can be seen as the focus of the Commission's effort to encourage the use of
modem technology in public procurement procedures. In its initial pilot phase SIMAP will test
the practicality of using electronic mail, electronic data interchange and on-line databases by
setting up _a_ working system to increase the efficiency of notification of public procurement
contracts and improve the dissemination of such information.

For purchasers and suppliers even greater benefits will come from using electronic mail, electronic data interchange and on-line databases for the large volume of transactions which fall
below the thresholds of the Directives. These are generally also the transactions most interesting to SMEs.

281. Other areas where the use of modem technology could be of imrriediate benefit include
the provision of user-friendly access to information about national legal regimes and the
dissemination of information about subcontracting opportunities. Electronic payment systems
are also important.

Such systems will contribute directly to the achievement of improvements in industrial
competitiveness and efficiency, budgetary savings, improvements in quality and value for
money of public sector purchases, increased market integration and greater trading opportunities.

The main tasks of the Commission in this area are to promote standardization and to raise the
level of awareness and use of modem technologies. The volume of data being exchanged has
increased steadily and will continue to grow further, so that a change in administrative procedures becomes necessary. The use of standardized electronic messages is essential to this
change. Early standardization will also help to avoid any hidden form of discrimination or
protectionism and provide open access for everybody.

**§** **5-Other** **activities**

282. On 14 and 15 January the Commission held a seminar on opening up public procurement in the single market and affording SMEs greater access to contracts. The seminar was
attended by those involved in procurement: lawyers, public purchasers, company managers
and representatives of trade associations.

One of the major concerns evoked by participants was the difficulty experienced by small and
medium-sized enterprises in securing access to public contracts. If SMEs are to gain maximum
benefit from the opening-up of public procurement, they need to have local partners, a full
range of business advisory services, rapid, precise and reliable information, and properly qualified staff.

These topics were discussed in detail in working groups focusing on the application of
Community law on public procurement, training, standardization and service networks.

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82 PART TWO - DETAILED REVIEW

**Section 7 - Building the internal market in the regulated sectors**

**§** **1** **- Energy**

283. As well as applying the Treaty's rules to the energy field - especially those on the free
movement of goods and on competition - the Community is pressing ahead with its legislative
work on opening up the electricity, and gas markets.

The positions in the Council on opening up electricity generation to competition have drawn
closer to each other, and common rules have been adopted for the production of gas and oil
(Directive 94/22/EC*). Efforts to increase standardization in the energy field have continued.

At the energy Council on 29 November 1994, the Commission announced that a Green Paper
(adopted on 11 January 1995) would be put forward on energy policy to stimulate debate in the
Union, though specific solutions or decisions would not be proposed at this stage.

**A.** **Legislative developments**

_a)_ _Exploration and production of hydrocarbons_

284. Directive 94/22/EC* on the conditions for granting and using authorizations for the
prospection, exploration and production of hydrocarbons was adopted by the Council on
30 May 1994. The Hydrocarbons Directive covers the activity of producing gas and oil. As a
consequence, it completes the internal market for gas at the upstream level. The liberalization
of downstream activities (transport, storage and distribution) is covered by the proposed Directive mentioned at point 290.

The Directive is based on four general principles: firstly, Member States retain sovereignty over
gas and oil resources, in particular in deciding which areas to open up for exploration, what
level or rates of tax royalties to levy, and whom to choose as licensee; secondly, Member
States decide the rules for operating conditions and long-term policy as regards depletion of
resources; thirdly, participation by the State is allowed, under certain provisions and within
certain limits to ensure the State does not prejudice the equal treatment of other companies;
fourthly, a framework is established to reflect the principles of transparency, objectivity and
non-discrimination.

The Directive sets provisions for applying for and giving authorizations, for abolishing exclusive
rights, for ensuring reciprocity as regards third countries, for the management of the State
participation, and for public procurement. It needs to be fully applied by all Member States by
1 July 1995.

_b)_ _Gas and electricity markets_

285. In December 1993, the Commission adopted amended proposals for Directives on the
internal market in natural gas (116) and in electricity (117) following the amendments voted by
Parliament at first reading. In May and November, the Council held a thorough discussion of
five important points in the electricity proposal:

(116) COM(93) 643 **final of 7 December 1993 (OJ C 123, 4.4.1994, p.** 26).

(117) Op. cit. **p. 1**

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PART TWO - DETAILED REVIEW 83

     - public service obligations;

     - opening up production to competition;

     - separating the activities of integrated undertakings for accounting purposes;

     - the functions of the network operator;

     - direct commercial links between producers and consumers (TPA).

In its conclusions of 29 November 1994 the Council recorded its agreement on the first four
points. As regards the last point, agreement has been reached on the principle of market
liberalization in areas extending beyond production, the procedures for which have yet to be
determined. To this end, the Commission was invited to examine the compatibility, under
comparable access and market liberalization conditions, of two systems, namely TPA and the
single purchaser system,, analysing in particular the consequences in terms of competition and
the possibilities opert to consumers and producers (H8). Coreper has beerr invited to finalize its
discussions on this basis, with a view to the adoption of a formal common position in 1995.

**286.**, The Council's examination of the amended proposal on the internal market in natural
gas (119) has been held over until the work on the Electricity Directive is complete.

**B.** **Implementation and enforcement of the legislation**

_a)_ _State aid_

**287.** The Commission adopted Decision No 341/94/ECSC (120) implementing Decision No
3632/93/ECSC establishing Community mles for State aid to the coal industry for the period up
to the expiry of the ECSC Treaty in 2002. Aid will be authorized only if it promotes economic
viability, worker redeployment, regional conversion and harmony with the environment and if it
is regressive and transparent.

_b)_ _Free movement of goods_

**288.** Under Articles 30, 34 and 37* of the EC Treaty, the Commission referred to the Court of
Justice the cases of five Member states (Belgium, Spain, France, Italy and the Netherlands)
where there is still a monopoly on the import or export of gas or electricity. In Denmark, the
monopoly on the import of gas has been abolished.

_c)_ _Competition rules_

**289.** In its _Almelo_ ruling, the Court of Justice held that commercial contracts between regional
and local electricity supply undertakings containing exclusive supply clauses being in breach
with competition rules may be justified under Article 90(2)* of the Treaty. It was confirmed that
the supply of electricity is to be considered as a service of general economic interest. However,
it was left to the appreciation of the national judge whether the restriction of competition was
necessary and justified to fulfil this service of general economic interest.

The Commission is at present analysing whether an exclusive concession contract between the
town of Kleve and the electricity utility RWE is compatible with the Treaty, especially its
competition rules. In this contract RWE has been granted exclusive land use rights in the

(118) See the working paper of the Commission SEC(95) 464 final of 22 March 1995

(119) COM(93) 643 final of 7 December 1993 (OJ C 123, 4.4.1994, p. 26)

(120) OJ L 49 of 19 February 1994

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84 PART TWO - DETAILED REVIEW

conceded territory against concession fees together with an exclusive electricity supply right,
possibly to restrict cross-border trade.

_**d)**_ _**Standardization**_

**290.** The global approach to standardization in the energy field, proposed by the Commission
with a view to completing **the internal market** (121), **was continued.**

The idea of giving mandates **to** **CEN-Cenelec** is **based on the objectives of** promoting energy
efficiency and renewable sources of **energy (SAVE programme** - **four** mandates) **and** of developing alternative energy sources **(ALTENER programme - two mandates).**

The Commission also issued, under **Directive** **92/42/EEC*,** **a** standardization mandate with
regard to the efficiency requirements for **new hot-water** boilers.

In **1994,** several European standards **were drawn up in the field of** energy, of which three on
fuels should be mentioned: EN 228 (lead content of petroleum products), EN 589 (LPG fuels),
EN 690 (diesel).

_e)_ _Specific energy legislation_

**291.** As regards gas transit, the Commission updated the list of entities eligible to move gas in
transit (Directive 94/49/EC*) and set up the Committee of Experts provided for by Directive
91/296/EEC*

The Council noted the report on the implementation of Directive 90/377/EEC* on the transparency of gas and electricity prices charged to industrial end-users. The report, which highlights
the major variations in price between Member States and between regions, was also transmitted to Parliament and the Economic and Social Committee.

Five Member states (Belgium, Spain, Italy, Luxembourg and Portugal) have not yet transposed
Directive 92/42/EEC* on the efficiency of new hot-water boilers, and infringement proceedings
have been initiated against them.

As regards the notification of inspection bodies, the Community instrument concerned is Directive 90/396/EEC* on appliances burning gaseous fuels. An extension is being prepared to
include appliances burning liquid fuels.

On 21 January 1994 the Commission adopted Directive 94/2/EC* implementing Directive
92/75/EEC* with regard to energy labelling of household electric refrigerators, freezers and
their combinations.

_**f)**_ _**Transport of and traffic in nuclear products**_

**292.** The countries of the Union must face up to a growing traffic in nuclear materials, which is
threatening their security. On 7 September **1994** the Commission accordingly adopted a
communication in which it summarizes the situation and sets out certain ways of combating this
illicit trade (122), in particular intensified checks at the external frontiers, increased judicial and
police cooperation between the Member States and the strengthening of cooperation with the
countries where the traffic originates.

(121 ) SEC(92) 724 final of 9 June 1992.

(122) COM(94) 383 of 7 September 1994.

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PART TWO - DETAILED REVIEW 85

**§ 2 -Telecommunications**

 - _Legislative developments_

**293.** The Commission presented a Green Paper on the liberalization of telecommunications
infrastmcture. The first part of the Paper, adopted on 25 October (123), establishes the general
principle that there should be a free choice of infrastructure for the provision of liberalized
services and sets out a timetable for the liberalization of the infrastructure, on which timetable
political agreement was reached in the Council on 17 November. The second part, published in
January 1995, determines the procedures for liberalizing the infrastructure. On 21 December
the Commission adopted a proposal for a Directive amending Directive 90/388/EEC*with a
view to-abolishing restrictions on the use of cable television networks for the.supply of
telecommunications services.

**294.** The Commission also adopted, on 27 April 1994, in the field of radiocommunications, a
Green Paper on mobile and personal communications, which contained proposals relating to a
Community policy for the development of this sector. The results of the consultation on the
Green Paper were set out in a communication of 23 November (124).

**295.** As regards satellite communications, the Commission, on 22 March, adopted an
amended proposal for a Directive on the mutual recognition of licences for telecommunications
services and, on 4 January, a proposal for a Directive relating to satellite communications
services. On 10 June, it also adopted a communication on the provision of and access to space
segment capacity (125). Lastly, on 14 October, it adopted Directive 94/46/EC*. which liberalizes
the market for satellite telecommunications equipment and services.

**296.** The need to align rates on costs while maintaining a universal service constitutes a key
element in the preparation of the liberalization. In this connection, on 7 February and 6 May
respectively, the Council and Parliament adopted resolutions (126) on universal service principles in the telecommunications sector. All the Member States have already started to restore
equilibrium to current rate structures.

On 19 July, under the codecision procedure, Parliament rejected the Council common position
on the proposal for a Directive on the application of open network provision (ONP) to voice
telephony. In response to Parliament's request of 30 September (127), the Commission
announced, in a communication of 29 November (128), its intention to put forward a new
proposal.

 - _Implementation and enforcement of_ _the_ _legislation_

297. Wanting to avoid any risk of the market becoming fragmented, the Council, in its resolution of 22 July 1993 (129), stressed the need for rapid and effective implementation of current
Community instruments. The correct application of current Community law in the telecommunications sector is particularly important at the moment in the context of the emergence of the
information society, heralded in the Bangemann Report, whose implementing procedures are
laid down in the action plan adopted in 1994.

In this respect, the Commission, during 1994, continued to examine the national transposai
measures communicated by the Member States for the directives and decisions in force.

(123) COM(94) 440 of 24 October 1994.

(124) COM(94) 492 of 23 November 1994.

(125) COM(94) 210 of 10 June 1994; Bull, EC 6-1994, point 1.2.120.

(126) OJ C 48 of 16 February 1994 and OJ C 205 of 25 July 1994.

(127) OJ C 305 of 31 October 1994.

(128) COM(93) 513 of 26 October 1993.

(129) Resolution 93/C 213/01 of 22 July 1993.

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298. Telecommunications terminal equipment is the subject of a basic Directive,
91/263/EEC*. which provides for the adoption by the Commission of instruments of compulsory
application - the common technical regulations (CTR); thus, the Commission has so far
adopted eight common technical regulations, namely Decisions 94/11/EC* and 94/12/EC* on
the GSM. 94/470/EC*on 2Mbit leased lines. 94/471/EC* and 94/472/EC*on Digital European
Cordless Telecommunications (DECT), 94/796/EC* and 94/797/EC* on the ISDN and
94/821 /EC* on 64kbit/s leased lines. Other types of terminal will be covered in further decisions.

To date, eight Member States have notified to the Commission national measures transposing
Directive 91/263/EEC*. Examination of the texts communicated shows that Denmark. France,
Italy, Portugal and the United Kingdom have adopted measures incorporating the totality of the
Directive. The German, Spanish and Dutch notifications are regarded as being partial or
unsatisfactory transposais. The Commission has initiated infringement procedures against
these three Member States for non-compliânce. Belgium, Greece, Ireland and Luxembourg
have still not notified their national implementing measures. The Commission has decided to
go ahead with the infringement procedures for failure to notify, initiated in 1993; it has therefore
referred the matter to tie Court of Justice, bringing four actions against these countries for
failure to fulfil their obligations (Article 169* of the EC Treaty).

In order to unify the symbols and rules employed concerning the Community marking of products, the Council, through Directive 93/68/EEC*. adopted measures amending the New
Approach Directives, including Directive 91/263/EEC*. Only France, the Netherlands and
Portugal have notified to the Commission national measures transposing the Directive.

Through the adoption of Directive 93/97/EEC* conceming satellite earth station equipment, the
scope of Directive 91/263/EEC*was extended and supplemented. The Member States have to
communicate their transposai measures by 1 May 1995 at the latest.

299. The three Frequency Directives, i.e. Directives 87/372/EEC* (GSM), 90/544/EEC*
(Ermes) and 91/287/EEC* (DECT), have been transposed by all the Member States.

The implementation of the numbering Decision, 91/396/EEC*. concerning the introduction of a
single European emergency call number (112) is proving difficult in some Member States. The
latter have to alter their national numbering plans to ensure that 112 is introduced as a single
European emergency call number; these technical changes are costly and complicated. Thus,
France, Ireland, Italy and the Netherlands have requested a derogation from the Commission
pursLant to Article 3(2) of the Decision. The Commission has still not received any information
concerning the implementation of the Decision in Spain. Greece and Portugal.

Seven Member States (Belgium, Germany, Greece, Luxembourg, Ireland, Italy and Portugal)
have currently implemented Decision 92/264/EEC* on the adoption of 00 as the standard international access telephone code in the Community. A further period for the implementation of
the Decision has been granted by the Commission to France, Denmark and the United Kingdom pursuant to Article 3(2) of the Decision. These countries pleaded technical and financial
difficulties to justify delaying the complete introduction of the 00 code in their national numbering plans.

300. With regard to ONP, since the basic Directive, i.e. the framework Directive 90/387/EEC*.
which sets out the principles governing the provision of an open telecommunications network,
has already been transposed in all the Member States, the Commission continued to examine
national transposais of the first specific Directive in the ONP context, namely Directive
92/44/EEC*. The correct application of this instrument is particularly important at this juncture,
in view of the emergence of the information society.

The majority of the Member States (i.e. Belgium, France, Germany, Denmark, the United
Kingdom, Portugal, Spain, Italy, Ireland and the Netherlands) have communicated to the
Commission their national measures transposing the Directive. The notified texts are still being
examined, but an initial qualitative assessment shows that the transposais are partial or
unsatisfactory. This situation could be the result of the effort to change the general regulatory
framework which some Member States (Germany, the Netherlands and Denmark) have made
in preparation for the second stage of the liberalization of telecommunications services set for
1988 (see point 296 above). The Commission has also continued with infringement proceed

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PART TWO - DETAILED REVIEW 87

ings against those Member States which have not yet notified measures transposing the
Directive.

**Section 8 - Trans-European Networks**

§ **1** -Introduction

**301.** To enable citizens of the Union, economic operators and regional and local authorities to
benefit fully from the single market, the European Union in 1994 continued its efforts to establish and develop trans-European networks in the transport, energy and telecommunications
infrastructure sectors. Community action is intended principally to promote the interlinking and
interoperability of national networks and access to them.

When it met in Brussels in December 1993, the European Council gave a significant political
boost to the creation of trans-European networks, in accordance with the new Title XII to the EC
Treaty and with the White Paper on growth, competitiveness and employment. It gave the
Commission the job of ensuring the progress and coordination of work in this field, and called
for two high-level groups to assist the Commission and the European Council in their task.

§ 2 - Telecommunications and the information society

**302.** In its report submitted to the European Council in Corfu, entitled "Europe and the global
information society", the Bangemann Group invited the Union to trust market mechanisms. This
presupposes _inter alia_ measures to abolish the rigidities which are prejudicial to Europe's
competitive capacity and the devising of a common regulatory approach to promote the
appearance, on a Community scale, of a competitive market in information services. To this
end, the report contains specific recommendations and an action plan covering specific initiatives based on partnership between the public and private sectors. The Corfu European Council
approved the principal points of the report and requested the institutions to take various measures to implement the recommendations.

**303.** On 19 July 1994 the Commission published an action plan for its work, which sought to
draw up a timetable for the implementation of the Community measures in progress, the
recommendations of the Bangemann Report and the conclusions of the Corfu European
Council. The communication was favourably received by the Council on 28 September and by
Parliament on 30 November. At one and the same time it covers the regulatory and legal
framework, the networks, the social, societal and cultural aspects and promotion activities. It
provides in particular for the completion of the process of opening up markets to competition
and the preparation of a set of guidelines for trans-European telecommunications networks.

**304.** A report on the information society, providing a preliminary survey of progress achieved
since the Corfu European Council, was examined by the European Council in Essen. The
Heads of State or Government expressed the wish that the work in progress should be continued.

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**305.** Significant progress was made at the end of the year as regards data communication
networks. On 21 December, the Council reached a common position on the proposal on guidelines for the development of the integrated services digital network (ISDN) as a trans-European
network. In November and December, the Council also reached agreement on a Commission
proposal on trans-European networks for the interchange of data between administrations (IDA)
(with Article 235 of the EC Treaty as the legal basis), opening the way for the adoption of the
proposal in 1995, once Parliament has given its opinion.

**306.** In its conclusions of **30** May on the fourth annual progress report on ISDN, the Council
recognized the importance of Euro-ISDN for Community enterprises and for advanced information networks in the Union. On 20 June it adopted a resolution on information exchange
between administrations, in which "it stressed the importance of coordinating and introducing
operational systems that meet identified needs. It also adopted/ on 11 July, ^Decision
94/445/EC* on inter-administration telematic networks for statistics relating to the trading of
goods between Member States (Edicom).

**§ 3 - Transport and energy**

307. Meeting at Essen in December, the European Council adopted the principal recommendations in the Christophersen Group's report. In particular, it invited the authorities responsible
to overcome the legal and administrative obstacles to the execution of the projects.

**308.** On 19 January the Commission adopted a proposal for a Parliament and Council Decision laying down a series of guidelines on trans-European energy networks and a proposal for a
Council Decision laying down a series of measures aimed at creating a more favourable
context for the development of those networks. The guidelines are designed to strengthen the
security of the Union's energy supplies, ensure effective operation of the internal energy market
and promote economic and social cohesion. On 29 November the Council confirmed the list of
projects of common interest and made progress as regards the creation of a more favourable
context for the development of energy networks.

**309.** On 7 April the Commission adopted a proposal for a Parliament and Council Decision on
guidelines for the development of the trans-European transport network. The guidelines are
aimed at the integration of all transport infrastructure networks into a multimodal network in
order to ensure by 2010 optimum and environmentally sound exploitation of all modes of transport.

**310.** The interoperability of the European high-speed train network was the subject of a
Commission proposal on 15 April, based on Article 129d of the EC Treaty. The proposal
provides for the establishment of a regulatory framework so that the infrastructure, rolling stock
and equipment are sufficiently compatible for any transport undertaking which so wishes to
operate, at least economic cost, a commercial service on any route of its choice over the European high-speed train network. The proposal was endorsed on 21 September by the Committee
of the Regions and on 23 November by the Economic and Social Committee.

**311.** A second report by the high-level group responsible for studying the development of
high-speed trains was drawn up in 1994 for publication in February 1995 (130). The report
quantifies the impact of the high-speed network on the socio-economic development of the
European Union, the integrated transport market, safety and the life of the citizen. It also
includes a new master plan for the trans-European high-speed train network in 2010. which
takes account of the conclusions of the Essen European Council and the recommendations for
the gradual development of the network.

**(130)** **Not yet published.**

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PART TWO - DETAILED REVIEW 89

**§4-** **Financing**

312. On 2 March the Commission adopted, pursuant to Article 129c of the EC Treaty, a
proposal for a Council Regulation laying down general mles for the granting of Community
financial aid in the field of trans-European networks. The proposal, which was endorsed by the
Economic and Social Committee, the Committee of the Regions and Parliament, was still being
discussed in the Council at the end of the year.

In the same context, on 15 June, the Commission adopted a communication on financing
trans-European networks, which describes the various financing possibilities and concludes that
at the current stage in the process none of them should be excluded, especially recourse to
. complementary fund-raising on capttal-markets.

313. The Essen European Council welcomed the setting up, within the EIB, of a special group
for the financing of the networks and approved the approach of the Christophersen Group,
which proposes, as regards financing, that projects be examined on a case-by-case basis. The
Member States, the Commission and the EIB were invited to continue with the coordination of
the work on financing, and the Heads of State or Government invited the Council to release the
necessary funds.

**Section 9 - The Internal Market and other Community policies**

**§** **1** **-Social Dimension of the internal market**

314. The development of the internal market, which aims to construct a large economic entity
within which progress and prosperity are assured, must be accompanied by the progressive
introduction of an 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", on
the Social Action Programme (131) and on the White Paper on European Social Policy (132).

In 1992. 1993 and 1994 the Council did adopt a number of Directives, such as those on the
protection of pregnant workers and workers who have recently given birth or are breastfeeding,
on collective redundancies (92/85/EEC* and 91/56/EEC*), the one on certain aspects of the
organization of working time and on the protection of young people at work (93/104/EEC* and
94/33/EC*). In addition, a Directive on the labelling of tobacco products was adopted to reinforce measures to combat smoking (92/41/EC*).

In September 1994 an important directive about informing and consulting employees in
Community-scale undertakings was adopted, marking the first use by the Council of the provisions of the Agreement on Social Policy annexed to the Treaty on European Union
(94/45/EC*).

315. In the field of the health and safety of workers, a series of directives was adopted, 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 July 1994 Regulation (EC)
No 2062/94* setting up the European Agency for Safety and Health at work was adopted.
Proposals for Council directives guaranteeing minimum health and safety requirements for

(131 ) Community Charter of the Fundamental Rights of Workers, Luxembourg, OOPEC, 1990.

(132) White Paper on Social Policy, COM(94) 333 final of 27 July 1994.

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90 PART TWO - DETAILED REVIEW

transport activities, physical and chemical agents and work equipment are still under discussion. The General Framework for Action in the field of Safety, Hygiene and Health Protection at
Work, presented by the Commission in November 1993, contributed to the launch during 1994
of preliminary consultations of the institutions of the Union with a view to establishing the
Fourth Programme of Action in Hearth and Safety at Work, centred on completing and rationalizing the core of European legislation introduced as part of the social dimension of the single
market.

316. The Commission's White Paper on European Social Policy (133), presented in July 1994,
set out a framework for the future development of social policy in which its different elements
can become better integrated, and more mutually reinforcing. The starting point of the White
Paper was the need for a new mix between economic and social policies in order successfully
to meet the challenges that the European Union is currently facing. Europe cannot have a
competitive economy unless bur societies as a whole are productive. Social policy "must therefore serve the interests of all people - both those in employment and those who are not.

Within this framework, top priority is given to employment and the fight against unemployment.
The White Paper also made proposals to develop and consolidate the legislative base, notably
as concerns labour law, hearth and safety and equality of treatment between women and men;
emphasised the need to make an increased effort to ensure that the legislation already adopted
by the Council is property implemented and enforced across the Union; highlighted the need to
strengthen cooperation and action across society as a whole, with a particular focus on the
problems of poverty and social exclusion, disabled people and older people, and action in the
field of public health; and proposed a major information effort to ensure that European citizens
are aware of the value added of Union activity in the social field.

In accordance with the White Paper, the Commission presented a specific action plan at the
level of the Union and the Member States directed at reversing the trend of unemployment to
the European Council at its meeting in Essen in December 1994, on the basis of which it
endorsed a series of specific proposals for action by the Member States to improve the skills of
the Community workforce, to turn growth into more jobs, to ensure that labour costs are
competitive, to strengthen labour market policies and to provide additional support for young
people and the unemployed, urging the Member States to transpose these recommendations in
their individual policies into a multiannual programme having regard to the specific features of
their economic and social situation

317. The reform of the European Social Fund, adopted in July 1993, increased the capacity of
the Community to support the process of labour market development and adjustment in the
Member States, in line with the emphasis on active intervention to support the process of
change within the internal market.

318. With a view to making the free movement of workers effective and to promoting the
establishment of a genuine European employment market, the EURES (European Employment
Service) network was set up (134) to act both as an employment agency on a European scale,
with the job of informing, advising and placing job-seekers throughout the territory of the Union,
and as a forum for examining, at operational level, all questions associated with employment in
Europe.

**§ 2 -Consumer policy**

319. The single market was not created for the benefit of business alone, and it will not function properly without the active and genuine participation of consumers. The citizen as
consumer has a right to the benefits generated by increased competition and a wider choice of

(133) Op.cit.

(134) See Regulation (EEC) No 2434/92*.

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PART TWO - DETAILED REVIEW 91

goods and services, while enjoying adequate protection of his safety and his other essential
interests. In addition, the buying choices of well-informed consumers can speed up the positive
economic effects of an integrated market. Consumers therefore have a crucial role to play in
the pursuit of the single market objectives.

3jflt By 1 September 1994, the Member States were to have transposed forty-five directives
concerning consumer policy. The average rate of transposai is 97%, which is relatively satisfactory. However, it should be noted that this average rate masks substantial differences and that
it reflects progress on communicating national implementing measures without reference to
progress on effective application of such measures.

The particular importance for consumers of the recently adopted Directives 92/59/EEC and
93/13/EEC* (general product safety and unfair contract terms), which entered into force this
year, highlights the fact that it is essential to develop close cooperation with national authorities
to ensure that the Directives are effectively transposed on schedule.

321. Since 1 November 1993, a new dimension has been added to the Community's
consumer policy.

These changes are substantial since they concern both the substance and the methods of
Community action. Intended by the Single Act as a back-up policy to the single market,
consumer policy becomes a policy in its own right in the Treaty on European Union. From now
on, consumer protection is recognized as such in Article 129a of the Treaty, with two separate
but complementary bases:

     - measures taken in the context of the completion of the single market;

     - specific action concerning health, safety and economic interests of consumers and
the provision of adequate information to them.

322. New measures could arise from the identification of shortcomings in the functioning of
the single market, and from specific policy measures designed to apply the law more effectively.

Moreover, the Commission will always remain free to propose to the institutions and the
Member States subjects for discussion in the form of communications or Green Papers. This
was done for access to justice and after-sales guarantees, which, after broad-ranging and
fruitful consultation, were discussed by the Consumer Forum on 4 October 1994. All these
discussions will enable the Commission to identify the shortcomings and problems in the functioning of the internal market and take the measures needed to remedy them.

In addition, during 1994 the Commission departments worked on the preparation of a Green
Paper on transparency of prices for services, which is due to be published in 1995.

**§ 3 -Education and training**

323. The Commission has proposed that the Council adopt the programme Youth for
Europe III. This programme would cover a range of activities for young people between 15 and
25 - projects outside school and training - and for youth leaders and youth organizations.
Specific support would be reserved for projects making it easier for disadvantaged young
people to gain access to the Programme. The aim of the new programme is to strengthen and
develop young people's activities, in particular those calling for initiative and enterprise, and
short and long-term voluntary service activities (eighteen months).

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**92** **PART TWO - DETAILED REVIEW**

**§ 4 - Research**

**324.** The White Paper on growth, competitiveness and employment highlights the role of
research and technological development (RTD) as a motor for recovery.

The Community's multiannual framework programmes constitute the essential instrument for
implementing the Union's RTD policy. The fourth framework programme in the field of
research, technological development and demonstration (1994-98), based on the EC Treaty,
was adopted on 26 April 1994 (European Parliament and Council Decision 94/1110/EC*) and,
at the same time, the Council adopted the framework programme (1994-98) based on the
EAEC Treaty (Decision 94/268/Euratom*).

The specific implementation programmes were all adopted between July and December 1994.
Measures under the specific programme on "Standardization, measurement and testing" are
based largely on support for implementation of the single market. In addition, most of the other
specific programmes now provide for standardized procedures to make it easier to take part
and to encourage cooperation with RTD projects. The programmes on information technologies, advanced communications and computer applications cover areas of RTD which are
important to the completion of the Information Society.

The White Paper stresses the impact of better coordination of the research effort on a more
competitive economy. In October 1994, the Commission adopted the communication
"Research and Technological Development: Achieving Coordination Through Cooperation" (135), which creates the prospect of a consistent approach by national and Community
policy in the field of RTD. In 1995, priority will be given to promoting initiatives to this end.

**Section 10** **-** **External aspects**

**325.** In order to promote a healthy climate for international trade and to prevent distortions to
the internal market due to unlawful or anti-competitive practices, the Union has to maintain
both a dynamic commercial policy and a coherent, effective approach to managing the Union's
external frontier. There were a number of important developments in these areas in 1994.

**§** **1** **- Implementation of the European Economic Area**

**326.** The agreement on the European Economic Area (EEA) entered into force on 1 January
1994. creating the world's largest integrated trading area. The four freedoms of the internal
market were extended to Austria. Finland, Iceland, Norway and Sweden, although Austria,
Finland and Sweden have since become Member States. The effective implementation and
operation of the Agreement is the responsibility of the EEA Joint Committee, on which the
Community is represented by the Commission.

**327.** In March 1994, the EEA Joint Committee

     - revised the EEA mles of origin to maintain the possibility for producers in the EEA
States of combining materials originating in Switzerland (without such an amendment,

**(135) COM(94)** **438** **final** **of** **19** **October** **1994.**

THE SINGLE MARKET IN 1994

PART TWO - DETAILED REVIEW 93

this possibility would have been jeopardized as a result of Switzerland's non-participation in the EEA);

     - added to the EEA more than four hundred new pieces of Union legislation adopted
since the Agreement was finalized in 1991.

The Community's internal market _acquis_ having developed in 1994, the EEA Joint Committee
has taken further decisions to integrate this more recent legislation into the EEA, thus applying
it to the EFTA States concerned.

**§ 2 - Common Commercial Policy**

**A.** **Import regime**

**328.** On 7 March 1994, the Council adopted Regulation (EC) 519/94*(amended by Regulation
(EC) **1921/94*)** and, on 23 December **1994,** Regulation (EC) 3285/94*. abolishing all national
quantitative restrictions in force in the Member States. This was accompanied by the introduction of a limited number of Community quotas to be applied to seven categories of product
originating in the People's Republic of China only.

The quotas will be managed at Community level by the Commission under a third regulation,
Regulation (EC) No 520/94*. Henceforth, Community importers may use a standard import
licence which will be valid throughout the Community. In addition, the integrated system for
management of import and export quotas was further developed in 1994.

**B.** **Commercial defence instruments**

**329.** The Council adopted Regulations (EC) Nos 3283/94* (anti-dumping), 3284/94* (antisubsidies), 3285/94 (safeguards) and 3286/94* (trade barriers), which amended and streamlined the decision-making procedures for the Community's commercial defence instrumentsT
Time-limits have been introduced for the imposition of duties on dumped or subsidized imports
from third countries and for the introduction of safeguard measures. In addition, provision was
made to make investigations more transparent. In a decision to be adopted no later than 1 April
1995, the Council will specify when these new time limits will apply, depending on the necessary budgetary resources being made available.

**C.** **Mutual Recognition Agreements**

**330.** 1994 saw the opening of negotiations with third countries on the mutual recognition of
conformity assessment. Parties to Mutual Recognition Agreements will have the right to test
and certify their products to the technical requirements of the other party prior to the product
being exported. Each party will recognize the tests, certificates and marking carried out in the
territory of the other party. Such agreements reduce trade costs by avoiding duplication of
testing and certification of regulated products. Mutual recognition is both a trade-liberalizing
initiative aimed at improving access of Community products to third country markets and a
means of enabling the Union's trading partners to participate in the conformity assessment
procedures designed to meet the objectives of the single market.

Negotiations are currently under way with the United States, Canada, Australia, New Zealand
and Switzerland, while discussions with additional trading partners could begin towards the end
of 1995 or the beginning of 1996.

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94 PART TWO - DETAILED REVIEW

**D.** **Export Regime**

**331.** In December **1994** the Council established an integrated system of export controls on
dual-use goods by adopting Council Regulation (EC) No 3381/94* and Council Decision
94/942/CFSP* (the latter was based on Article J.3 of the Treaty on European Union). The
system will apply from 1 July 1995. During the transitional period, the Member States will
subject exports of dual-use goods to effective controls and work towards common standards.
The system is also intended to ensure compliance with the international commitments of the
Member States, and hence of the Union, especially on non-proliferation. It will represent a first
step towards the establishment of a complete and consistent Community regime for controlling
the export of dual-use goods.

**E.** **Export credit insurance**

332. In July 1994 the Commission presented a proposal for a Dirr-4ive on state-supported
medium and long-term export credit insurance (136), which aims to prevent the distortion of
competition between exporters that results from Member States offering different export credit
facilities. The proposed Directive establishes common principles for guarantees and premiums
and provides for a degree of transparency in cover policies.

Public export credit insurance institutions provide short-term export credit insurance related to
commercial «risk in countries which are considered to have a reliable economy and legal
system. Such activity, usually referred to as "marketable risk", is also of interest to private
insurance companies. The Commission is considering whether to propose to Member States,
pursuant to Article 93(1)* of the EC Treaty, that they remove the particular advantages enjoyed
by public export credit insurers which distort the market for private insurance companies.

**F.** **Transport**

**333.** The declaration adopted by the Second Pan-European Transport Conference held in
Crete in March 1994 stresses the definition of concepts needed to prepare a coordinated panEuropean transport policy. This declaration points out, in particular, that such a policy must be
organized on the principles of the market economy and of free competition, and that gradual
liberalization of market access must be achieved in line with progress made on harmonizing
competitive conditions.

With regard to the development of pan-European transport infrastructures, the Conference
adopted an indicative approach consisting in the identification of priority corridors in Central
and Eastern Europe and of selection criteria for projects of common interest.

**G.** **Development of the** **Community** **legal framework for public procure-**
**ment following the conclusion of the GATT agreement**

334. In April 1994, in parallel with the conclusion of the Uruguay Round, the European Union
signed, with 10 other countries, a new agreement with the objective of opening public procurement to international competition. This agreement, which will also cover works and services,
and will include contracts made by public authorities at regional and local level, will widen by
about ten times the coverage of the agreement signed in 1979 and will permit the opening of

(136) COM(94) 297 final **of 13 July 1994 (OJ C** **272.** **30.9.1994).**

THE SINGLE MARKET IN 1994

**PART TWO - DETAILED REVIEW** **95**

contracts estimated at 350 billion ecus each year. This agreement is to enter into force on 1
January 1996.

The new agreement requires limited amendments to Community directives on public procurement in order to prevent discrimination that would penalize European firms and operators and
to make the directives easier to apply following the agreement.

These amendments are currently the subject of two proposals for European Parliament and
Council Directives, one amending Directives 92/50/EEC*, 93/36/EEC* and 93/37/EEC*. the
other amending Directive 93/38/EEC*. These proposals have been presented to the Advisory
Committee for Public Procurement for an opinion.

**H.** **Development of** **the.Community** **legal framework for financial ser-**
**vices** **following** **the conclusion of the GATT agreement**

**335.** As a result of the successful conclusion of the Uruguay Round negotiations on
15 December 1993, financial services became an integral part of the General Agreement on
Trade in Services (GATS). The Uruguay Round package was signed by all participants at their
meeting in Marrakesh on 15 April 1994.

In December 1994 the Council adopted a package of legislation containing all the amendments
to Community legislation needed to incorporate the results of the Uruguay Round into
Community law (137). With regard to financial services, no amendments to current Community
legislation seemed necessary. Even if the Community decides in the end to maintain its reciprocity clauses, specific provisions such as Article 9(6) of the Second Banking Directive are
designed to ensure that any Community measures are compatible with the obligations resulting
from the GATS.

The Commission is aware of the need to involve the European financial services industry to the
greatest possible extent in the GATS negotiations on financial services. As well as more
general meetings on the results of Uruguay Round negotiations, the Commission organized a
round-table discussion with representatives from European banks and insurance companies
with a view to obtaining direct feed-back from the industries immediately concerned by the
GATS negotiations; they were consulted with regard to their major interests in order to focus
the Community's negotiating objectives.

**I.** **External aspects of intellectual property**

**336.** The globalization of the world economy means that the objectives and strategies which
the Commission intends to promote in the field of intellectual property also form part of international relations, whether from the multilateral or bilateral point of view. The external aspect of
the single market is particularly important in this field.

At multilateral level, the Commission is continuing to take part in discussions held in the two
intergovernmental committees of experts in the World Intellectual Property Organization with a
view to adopting a protocol to the Beme Convention and a new instrument on the rights of
performing artists and phonogram producers.

It has also examined what measures should be taken in order to ensure the application of the
Agreement on trade-related aspects of intellectual property rights (TRIPS), which is one of the
results of the multilateral negotiations of the Umguay Round. This examination led to the adoption by the Council of a decision concerning the extension of legal protection of topographies

**(137)** **OJL 363 of** **23 December 1994.**

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**96** PART TWO - DETAILED REVIEW

for semi-conductor products to nationals of the member countries of the World Trade Organization. 138

**337.** The Commission also took part in the negotiations which led to the adoption on 11 May
1994 by the Council of Europe of the European Convention relating to questions of copyright
law and neighbouring rights in the framework of transfrontier broadcasting by satellite, the
contents of which were based on the principles of Directive 93/83/EEC* of 27 September 1993
on the same subject.

**338.** Lastly, from a more specific point of view, it should be stressed that the Commission is
negotiating with representatives of third countries to grant reciprocal legal protection to the
semi-conductors sector, in accordance with the principles laid down in Directive 87/54/EEC* of
16 December 1986. Thus, protection granted to persons from the United States has been
extended until 1 July 1995 on thé basis of reciprocity (139). The Council has also adopted decisions granting protection to persons from Canada (140) and to persons from certain territories
having special links with the United Kingdom and the Netherlands (141).

**§ 3 - Customs Union**

**A.** **Administrative cooperation between customs authorities in general**

339. Since 1 January 1993 action by customs authorities in the Member States has taken
place almost exclusively at the external frontier writ large, i.e. as a concept rather than as a
simple physical line separating third countries, and including, in particular, airports and internal
customs clearance offices. Consequently, in a single market without internal borders, it
becomes essential for the smooth operation of the market that the nature of checks carried out
is similar, regardless of the Member State concerned.

That is why the customs authorities of the Member States are involved, in partnership with the
Commission, in setting up a number of **measures as the forerunner of what** customs will be
in the year 2000. All these measures are intended to allow customs authorities to monitor and
check the Community's external border in the interest of its businesses and citizens by consolidating existing legislation through homogeneous practices. The objective of these customs
authorities is therefore to fit into a context of making trade easier and guaranteeing the effectiveness and the equivalence of checks.

**340.** A number of measures were taken in 1994 and will be continued in 1995:

     - Adoption of new working methods

The Commission departments have undertaken to disseminate the techniques of risk
analysis, which enable physical or document checks to be effectively targeted, by
preparing, with the support of the Member States, guidelines allowing the Member
States to become aware of all the existing methods in the Union, with a view to applying those which are best suited to local conditions.

In 1995 identical work will deal with audit techniques, the aim of which is to carry out
detailed checks on the accounting and management of firms (including firms with
establishments in a number of countries).

(138) Council Decision of 27 June 1994 (OJ L 170, 5.7.1994. p. 34).

(139) Op. cit.

(140) Council Decision of 24 October 1994 (OJL 284, 1.11.1994, p. 61).

(141) Council Decision of 19 December 1994 (OJ L 351, 31.12.1994, p. 12).

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PART TWO - DETAILED REVIEW 97

By using these methods, the Member States' customs authorities will be able to
achieve equivalent results regardless of where a consignment has to be processed,
without affecting the necessary flow of commercial traffic.

Assessment of the results

With a view to improving knowledge of the working methods used by other customs
administrations when carrying out checks and procedures at the external border, and
in order to ensure equivalence of checks and equal treatment of economic operators,
pilot schemes called "monitoring exercises" took place on an experimental basis in
1994. These are visits to Member States carried out by joint teams made up of
national officials from other Member States and of Commission officials. Monitoring
exercises took place in ports, airports and free zones. One exercise is currently being
carried out for all customs aspects affecting imports in the textile sector and further
measures will be launched in 1995.

Identification of objectives and allocation of resources (financing)

In view of the large number of tasks facing customs authorities, they must be able to
identify their objectives and allocate their resources in line with priorities. Appropriate
coordination is being sought at this stage.

Training

As early as 1991, a special training programme for officials from the Member States
(Matthaeus programme) was set up by Council Decision 91/341/EEC*. This
programme consists in the exchange of officials of Member State customs authorities
and the organization of seminars on specific aspects of customs legislation.

In 1994, there were four hundred exchanges of officials from all Member States. In
addition, fifteen training seminars were organized, in which more than five hundred
officials from all the Member States took part. The topics covered included training
methods for customs officials, working methods requiring development (audit, risk
analysis), examination and investigation of specific fields (customs control of the
CAP, free zones, tariff controls, classification of goods, etc.), and the joint development of management techniques. Lastly, four specific programmes have been established with the agreement of the Member States and will be included in the training
programmes of national customs colleges.

However, the customs authorities will increasingly need staff who can adapt continually to the changing nature of tasks and technologies, and to the acquisition of a
'Community approach'. That is why measures are currently being examined with a
view to strengthening the role of this training programme, in order to take account, in
particular, of the Commission's communication to the Council and the European
Parliament of 15 December 1993 (142). In the same way, steps should be taken to
ensure that customs staff have the necessary expertise in accounting and computer
science.

Information technology

The Commission and the Member States support the idea of an overall strategy to
guide the future development of the computerization of customs procedures.

This strategy is based on the exploitation of existing systems and the development of
links between these systems. The aim is also to use firms' computer systems.

(142) COM(93) 661 of 15 December 1993.

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98 PART TWO - DETAILED REVIEW

**B.** **Mutual assistance on customs and agriculture**

341. A proposal for a regulation to recast Community mles on mutual assistance on customs
and agricultural matters is currently being discussed in the Council (143). The change advocated concerns, in particular, the establishment of a database on combating fraud (the customs
information system - CIS), strengthening the role of Community coordination (information on
the follow-up to notified cases of fraud, participation in investigations in the Member States,
extension of assistance on demand), and the introduction of rules governing relations between
administrative assistance and judicial procedures.

The amended proposal for a Council and European Parliament Regulation (EC) 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 the law on customs
or agricultural matters (144) was amended by the Commission under Article 189a(2)* of the EC
Treaty by taking account of the amendments made by the European Parliament on first reading (145) which it had accepted or in respect of which it had promised to amend the text of its
proposal. The amended proposal was sent to the Council and to Parliament on 17 February
1994 (146), and is currently before the Council.

**C.** **Customs penalties**

342. The Commission, in partnership with the Member States, is continuing work on the
impact of customs penalties. The objective is to prevent distortions of competition that could
affect economic operators and to protect the Community's financial interests. At present, the
range, classification and degree of seriousness of customs infringements are being examined
by the Commission departments on the basis of the provisions of the Community Customs
Code (Regulation (EEC) No 2913/92*).

(143) COM(92) 544 final of 21 December 1992 (OJ C 56, 26.2.1993)

(144) COM(93) 350 final of 1 September 1993 (OJ C 262, 28.9.1993).

(145) Document PE 177.122 (PV 48) of 15 December 1993, pp. 18 and 63 (OJ C 20, 24.1.1994, p. 90)

(146) COM(94) 34 final of 17 February 1994 (OJ C 80. 17.3.1994).

THE SINGLE MARKET IN 1994

**PART THREE**

**Future priorities**

**343.** **The analysis in this report shows that much still remains to be done to make the single**
**market a reality for citizens and for business within the Union. The effectiveness of the single**
**market in promoting European integration, the competitiveness of European industry and the**
**prosperity of European** citizens depends on **the commitment of Member States** both to **enforc-**
**ing existing** mles and to adopting the relatively limited number of **legislative** measures which
are **still** required.

**The** Commission, for its part, will continue to examine the problems concerning the **operation**
**of** the **single** market with a view to ensuring that an adequate political and technical response is
achieved.

**344. Among** the key issues where progress will have to be made over the next few years are
the following:

     - completing the single market for the citizen

Individuals need to see the advantages of European integration in their daily lives, if
they are to be interested in or supportive of the European endeavour. Achieving full
freedom of movement of persons is therefore clearly a priority. The adoption of the
directive on the right to vote in municipal elections is an important development in
this context. But progress is needed too on ensuring speedy and effective redress,
and on the social aspects of the single market. Another important aspect is further
developing the rights of the citizen as a consumer in the single market.

     - promoting a more effective single market for business

Businesses must be provided with the right conditions to enable them to exploit the
opportunities of the single market. Many companies, in particular small and
medium-sized businesses, are discouraged from trying to expand into new markets
beyond their own national frontiers because of the scale of administrative difficulties
and extra costs. The advantages of the single market are also limited by the various
types of tax barrier. For VAT, the introduction of a definitive regime which would allow
businesses to operate with greater simplicity and reduced burdens is a priority. At the
same time, the possibilities of simplifying the Intrastat requirements will be examined.
The lack of progress in the field of company taxation has already been referred to
above. The Union will have to find a way forward on these issues as the disadvantages of remaining tax barriers become increasingly obvious as firms seek to take full
advantage of the single market.

     - liberalizing energy and telecommunications

These are the areas where the Union is furthest from achieving the objective of a
single market. While some progress is being made, a clear political commitment is
needed to ensure that the benefits of competition are fully realized in these sectors.
With regard to telecommunications, the recent Council decision on the liberalization
of infrastructure on 1 January 1998 means that there is now agreement on the princi

THE SINGLE MARKET IN 1994

100 PART THREE-FUTURE PRIORITIES

pie of liberalization of the whole sector. This provides a clear signal to industry, as
well as to the Commission, which must now address the regulatory issues in order to
achieve effective competition. Much more remains to be done, however, in the
energy sector.

    - preparing for the information society

Appropriate Community-level solutions must be found to the problems of ensuring a
coherent regulatory framework for the provision of new cross-border services. It is
important to avoid a proliferation of different rules at national level which will later
have to be harmonized in order to permit these services to operate more economically; any necessary regulation should be developed at Community level.

    - Trans-European Networks

The task of creating the environment within which these networks can be developed
and of ensuring that there is a coherent approach to their development both within
and across the sectors concerned will be a major priority for the growth of the internal
market in the coming years. The success of this undertaking also depends to a
significant degree on the liberalization of the relevant sectors.

     - assisting Central and Eastern Europe to adapt to single market reguirements

A major pre-accession strategy designed to assist the countries of Central and Eastem Europe in adapting to the requirements of the single market will be an important
step towards the goal of their subsequent integration into the Union.

     - ensuring eouivalent enforcement

The Commission intends to pursue its activity with regard to the assessment of the
comparability and equivalence of national sanctions in cases of infringement of
Community law.

345. In the course of 1995, the Commission will review the 1993 Strategic Programme in the
light of this report and may come forward with a new definition of policy goals and a revised
work programme for completion of the single market.

THE SINGLE MARKET IN 1994

**>o** _**[A ]**_

**Annexes**

**1 - Abbreviations and acronyms**

**2 - Community provisions cited**

**- EC Treaty**

**- Official Journal - references**

**3 - Judgements of the Court of Justice cited**

**4 - Recent reports, studies and surveys on the single market**

**5 - Organizations which provided contributions**

THE SINGLE MARKET IN 1994

**yuo**

**Annex 1 - Abbreviations and acronyms**

ACA

ACP

Altener

BAC

BCCI

Bc-Net

BRE

BSE

CAP

CCBE

CEN

Cenelec

CIS

CLO

CMT

COM

Coreper

CPA

CSF

accession compensatory amount
African, Caribbean and Pacific countries party to the Lomé Convention
Alternative Energy (programme for the development of alternative ehergies)

B

Banking Advisory Committee
Bank of Credit and Commerce International
Business Cooperation Network
Business Cooperation Centre
Bovine Spongiform Encephalopathy

Common Agricultural Policy
Conseil des barreaux de la Communauté Européenne (Council of the Bars
and Law Societies of the European Community)
Comité européen de normalisation (European Committee for Standardization)
Comité européen de normalisation électrotechnique (European Committee
for Electrotechnical Standardization)
customs information system
Central Liaison Office
CMT substances: carcinogenic, mutagenic and toxic for reproduction
common organization of the market
Comité des Représentants permanents des États rhembres de la Communauté (Permanent Representatives Committee)
classification of products by activity (for statistical purposes)
Community Support Framework

DIN Deutsches Institut fur Normung (German Standards Institute)

EAEC European Atomic Energy Community (Euratom)
ECU European Currency Unit
EDI Electronic data interchange
EDICOM Electronic data interchange on commerce
EEA European Economic Area
EEC European Economic Community
EFTA European Free Trade Association
EIB European Investment Bank
EIC European Information Centre
EIF European Investment Fund
EIS European information system
EMS European Monetary System
EOTC European Organization for Testing and Certification

THE SINGLE MARKET IN 1994

### **/° M**

ANNEX 1

ERDF

ESC

ETSI

Euratom

EURES

Eurostat

European Regional Development Fund
Economic and Social Committee

European Telecommunications Standards Institute
see EAEC
European Employment Service
Statistical Office of the European Communities

FEB Fédérations des entreprises de Belgique (Belgian Business Fédérations)

GATS

GATT

GPA

GSM

GTIAD

Icomia

IDA

Interreg
Intrastat

ISDN

ISO

Matthaeus

Matthaeus Tax

MCA

MFN

NATO

OJEC

ONP

OOPEC

General Agreement on Trade in Services
General Agreement on Tariffs and Trade
GATT agreement on public procurement
Standards laid down by the ETSI for pan-European personal mobile
communications
Groupe de travail pour l'interprétation des directives bancaires (Working
Group on the Interpretation of the Banking Directives)

I

International Council of Marine Industry Associations
Interchange of Data between Administrations
Community initiative concerning border areas
System for collecting statistics on intra-Community trade
integrated services digital network
International Standards Organization

M

Programme for the exchange of customs officials
Programme for the exchange of indirect taxation officials
Monetary compensatory amount
Most-favoured nation

N

North Atlantic Treaty Organization

O

Official Journal of the European Communities
Open network provision
Office for Official Publications of the European Communities

Pa room Paris Commission

SAD

SAVE

SCENT

SE

SIMAP

SMEs

Single administrative document
Special action programme for vigorous energy efficiency
System Customs Enforcement Network
Societas Europaea (European company)
Information system on public procurement
Small and medium-sized enterprises

THE SINGLE MARKET IN 1994

ANNEX 1 3

TED Tenders Electronic Daily
TEU Treaty on European Union
TIR International carriage of goods by road

U

UCITS Undertakings for Collective Investment in Transferable Securities
UNICE Union des Confédérations de l'Industrie et des Employeurs d'Europe (Union
of Industrial and Employers' Confederations of Europe)

VAT value added tax
VIES VAT information exchange system

W

WIPO World Intellectual Property Organization

THE SINGLE MARKET IN 1994

**Annex 2 - Community provisions cited**

**A.** **EC Treaty** **a 47)**

**PRINCIPLES**

_Article 3_

For the purposes set out in Article 2, the activities of the Community shall include, as provided in this
Treaty and in accordance with the timetable set out therein:

(a) the elimination, as between Member States, of customs duties and quantitative restrictions on the
import and export of goods, and of all other measures having equivalent effect;

(b) a common commercial policy;

(c) an internal market characterized by the abolition, as between Member States, of obstacles to the
free movement of goods, persons, services and capital;

(d) measures concerning the entry and movement of persons in the internal market as provided for in
Article 100c;

(e) a common policy in the sphere of agriculture and fisheries;

(f) a common policy in the sphere of transport;

(g) a system ensuring that competition in the internal market is not distorded;

(h) the approximation of the laws of Member States to the extent required for the functioning of the
common market;

(i) a policy in the social sphere comprising a European Social Fund;

(j) the strengthening of economic and social cohesion;

(k) a policy in the sphere of the environment;

(I) the strengthening of competitiveness of Community industry;

(m) the promotion of research and technological development;

(n) encouragement for the establishment and development of trans-European networks;

(o) a contribution to the attainment of a high level of health protection;

(p) a contribution to education and training of quality and to the flowering of the cultures of the
Member States;

(q) a policy in the sphere of development cooperation;

(r) the association of the overseas countries and territories in order to increase trade and promote
jointly economic and social development;

(s) a contibution to the strengthening of consumer protection;

(t) measures in the spheres of energy, civil protection and tourism.

_Article 3b_

The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objec
tives assigned to it therein.

(147) As amended by the Treaty on European Union.

THE SINGLE MARKET IN 1994

_**/ >**_ _**[î ]**_

ANNEX 2

In areas which do not fall within its exclusive competence, the Community shall take action, in accor
dance with the principle of subsidiarity, only if 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 shall not go beyond what is necessary to achieve the objectives of this
Treaty.

_Article 6_

Within the scope of application of this Treaty, and without prejudice to any special provisions contained
therein, any discrimination on grounds of nationality shall be prohibited.

The Council, acting in accordance with the .procedure referred to in Article 189c, may adopt rules
designed to prohibit 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 this Article and of Arti
des 7b, 7c, 28, 57(2), 59, 70(1), 84, 99, 100a and 100b and without prejudice to the other provisions 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 the provisions of this Treaty.

_Article 7b_

The Commission shall report to the Council before 31 December 1988 and again before 31 December
1990 on the progress made towards achieving the internal market within the time limit fixed in Article 7a.

The Council, acting by a qualified majority on a proposal from the Commission, shall determine the
guidelines and conditions necessary to ensure balanced progress in all sectors concerned.

CITIZENSHIP OF THE UNION

_Article 8b_

1. Every citizen of the Union residing in a Member State of which he is not a national shall have the
right to vote and to stand as a candidate at municipal elections in the Member States in which he resides,
under the same conditions as nationals of that State. This right shall be exercised subject to detailed
arrangements to be adopted before 31 December 1994 by the Council, acting unanimously on a proposal
from the Commission and after consulting the European Parliament; these arrangements may provide for
derogations where warranted by problems specific to a Member State.

2. Without prejudice to Article 138(3) and to the provisions adopted for its implementation, every
citizen of the Union residing in a Member State of which he is not a national shall have the right to vote
and to stand as a candidate elections to the European Parliament in the Member States in which he
resides, under the same conditions as nationals of that State. This right shall be exercised subject to
detailed arrangements to be adopted before 31 December 1993 by the Council, acting unanimously on a
proposal from the Commission and after consulting the European Parliament; these arrangements may
provide for derogations where warranted by problems specific to a Member State.

**COMMUNITY POLICIES - FREE MOVEMENT OF GOODS -**

**ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES**

_Article 30_

Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to
the following provisions, be prohibited between Member States.

THE SINGLE MARKET IN 1994

_**Jo)**_

ANNEX 2

_Article 34_

1. Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited
between Member States.

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 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
.heattrrand 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 prohibi
tions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised
restriction on trade between Member States.

**COMMUNITY POLICIES**         - FREE MOVEMENT OF PERSONS,
**SERVICES AND CAPITAL- RIGHT** OF ESTABLISHMENT

_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 shall 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.

Freedom of establishment shall include the right to take up and pursue activities as self-employed per
sons 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 55_

The provisions of this Chapter shall not apply, so far as any given Member State is concerned, to activi
ties which in that State are connected, even occasionally, with the exercise of official authority.

The Council may, acting by a qualified majority on a proposal from the Commission, rule the provisions
of this Chapter shall not apply to certain activities.

_Article 56_

1. The provisions of this Chapter and measures taken in pursuance thereof shall not prejudice the
applicability of provisions laid down by law, regulation or administrative action providing for special
treatment for foreign nationals on grounds of public policy, public security or public health.

2. Before the end of the transitional period, the Council shall, acting unanimously on a proposal from
the Commission and after consulting the European Parliament, issue directives for the coordination of
the above-mentioned provisions laid down by law, regulation or administrative action. After the end of the
second stage, however, the Council shall, acting in accordance with the procedure referred to in Article
189b, issue directives for the coordination of such provisions as, in each Member State, are a matter for
regulation or administrative action.

**COMMUNITY POLICIES**           - FREE MOVEMENT OF
PERSONS, SERVICES AND CAPITAL- SERVICES

_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

THE SINGLE MARKET IN 1994

_**4M**_

ANNEX 2

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 provi
sions of the Chapter to nationals of a third country who provide services and who are established within
the Community.

**COMMUNITY POLICIES - FREE MOVEMENT OF PERSONS,**
**SERVICES AND CAPITAL- CAPITAL AND PAYMENTS**

_Article 73_

1. .-If movements of capital lead to" disturbances in the functioning of the-capital market in any [1 ]

Member State, the Commission shall, after consulting the Monetary Committee, authorize that State to
take protective measures in the field of capital movements, the conditions and details of which the
Commission shall determine.

The Council may. acting by a qualified majority, revoke this authorization or amend the conditions or
details thereof.

2. A Member State which is in difficulties may, however, on grounds of <v* crecy or urgency, take the
measures mentioned above, where this proves necessary, on its own initiative. The Commission and the
other Member States shall be informed of such measures by the date of their entry into force at the
latest. In this event the Commission may, after consulting the Monetary Committee, decide that the State
concerned shall amend or abolish the measures.

**COMMUNITY POLICIES - COMMON RULES ON COMPETITION, TAXATION AND**
**APPROXIMATION OF LAWS - RULES ON COMPETITION** - RULES **APPLYING TO UNDERTAKINGS**

_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
economic 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 attainment
of these objectives;

(b) afford such undertakings the possibility of eliminating competition in respect of a substantial part
of the products in question.

THE SINGLE MARKET IN 1994

_**^IM**_

ANNEX 2

_Article 86_

Any abuse by one or more undertakings of a dominant position 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 conditions;

(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.

**COMMUNITY POLICIES - COMMON RULES ON COMPETITION, TAXATION AND**

**APPROXIMATION OF LAWS - RULES ON COMPETITION - AIDS GRANTED BY STATES**

_Article_ _93(1)_

The Commission shall, in cooperation with Member States, keep under constant review all systems 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.

**COMMUNITY POLICIES - COMMON RULES ON COMPETITION, TAXATION**

**AND APPROXIMATION OF LAWS - APPROXIMATION OF LAWS**

_Article_ _100_

The Council shall, 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 Social 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, environ
mental 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.

THE SINGLE MARKET IN 1994

**V**

ANNEX 2

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 10ûa(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 Parliament, 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.

3. From 1 January 1996, the Council shall adopt the decisions referred to in paragraph 1 by a quali
fied majority. The Council shall, 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 in this Article, the Commission shall examine any request made by a
Member State that it submit a proposal to the Council.

5 This Article shall be without prejudice to the exercise of the responsibilities incumbent upon the
Member States with regard to the maintenance of law and order and the safeguarding of internal security.

6. This Article shall apply to other areas if so decided 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 governing areas covered
by this Article shall remain in force until their content has been replaced by directives or measures
adopted pursuant to this Article.

COMMUNITY POLICIES - COMMON COMMERCIAL POLICY

_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 shall recom
mend the methods for the requisite cooperation between Member States. Failing this, the Commission
may authorize Member States to take the necessary protective measures, the conditions and details of
which it shall determine.

In case of urgency, Member States shall request authorization to take the necessary measures themselves from the Commission, which shall take a decision as soon as possible; the Member States
concerned shall then notify the measures to the other Member States The Commission may decide at
any time that the Member States concerned shall amend or abolish the measures in question.

THE SINGLE MARKET IN 1994

**^fj**

ANNEX 2

In the selection of such measures, priority shall be given to those which cause the least distur bance of
the functioning of the common market

COMMUNITY POLICIES - CONSUMER PROTECTION

_Article_ _129a_

1. The Community shall contribute to the attainment of a high level of consumer protection through:

(a) measures adopted pursuant to Article 100a in the context of the completion of the internal market;

(b) specific action which supports and supplements the policy pursued by the Member States to
protect the health, safety.and economic interests of consumers and to, provide adequate informa
tion to consumers.

2. The Council, acting in accordance with the procedure referred to in Article 189b and after consult
ing the Economic and Social Committee, shall adopt the specific action referres to in paragraph 1(b).

3. Action adopted pursuant to paragraph 2 shall not prevent any Member State from maintaining or
introducing more stringent protective measures. Such measures must be compatible with the Treaty. The
Commission shall be notified of them.

COMMUNITY POLICIES - TRANS-EUROPEAN NETWORKS

_Article_ _129b_

1. To help achieve the objectives referred in Articles 7a and 130a and to enable citizens of the Union,
economic operators and regional and local communities to derive full benefit from the setting-up of an
area without internal frontiers, the Community shall contribute to the establishment and development of
trans-European networks in the areas of transport, telecommunications and energy infrastructures.

2. Within the framework of a system of open and competitive markets, action by the Community
shall aim at promoting the interconnection and interoperability of national networks as well as access to
such networks. It shall take account in perticular of the need to link island, landlocked and peripheral
regions with the central regions of the Community.

_Article_ _129c_

1 In order to achieve the objectives referred to in Article 129b, the Community:

shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks; these guidelines shall identify projects
of common interest;

shall implement any measures that may prove necessary to ensure the interoperability of the
networks, in particular in the field of technical standardization;

may support the financial eforts made by the Member States for projects of common interest
financed by Member States, which are identified in the framework of the guidelines referred to in
the first indent, particularly through feasibility studies, loan guarantees or interest-rate subsidies;
the Community may also contribute, through the Cohesion Fund to be set up no later than
31 December 1993 pursuant to Article 130d, to the financing of specific projects in Member States
in the area of transport infrastructure.

The Community's activities shall take into account the potential economic viability of the projects.

2. Member States shall, in liaison with the Commission, coordinate among themselves the policies
pursued at national level which may have a signifiant impact on the achievement of the objectives
referred to in Article 129b. The Commission may, in close cooperation with the Member State, take any
useful initiative to promote such coordination.

3. The Community may decide to cooperate with third contries to promote projects of mutual interest
and to ensure the interoperability of networks.

THE SINGLE MARKET IN 1994

**/H'**

ANNEX 2

_Article_ _129d_

The guidelines referred to in Article 129c(1) shall be adopted by the Council, acting in accordance with
the procedure referred to in Article 189b and after consulting the Economic and Social Committee and
the Committee of the Regions.

Guidelines and projects of common interest which relate to the territory of a Member State shall require
the approval of the Member State concerned.

The Council acting in accordance with the procedure referred to in Article 189c and after consulting the
Economic and Social Committee and the Committee of the Regions, qhall adopt the other measures
provided for in Article 129c(1).

**INSTITUTIONS OF THE COMMUNITY - PROVISING GOVERNING THE INSTITUTIONS -**

**THE INSTITUTIONS**            - **THE COURT OF JUSTICE**

_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.

_Article 173_

The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the
Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and
opinions, and of acts of the European Parliament intended to produce legal effects vis-à-vis third parties.

It shall for this purpose have jurisdiction in actions brought by a Member State, the Council or the
Commission on grounds of lack of competence, infringement of an essential procedural requirement,
infringement of this Treaty or of any rule of law relating to its application, or misuse of powers.

The Court shall have jurisdiction under the same conditions in actions brought by European Parliament
and by the ECB for the purpose of protecting their prerogatives.

Any natural or legal person may, under the same conditions, institute proceedings against a decision
addressed to that person or against a decision which, although in the form of a regulation or a decision
addressed to another person, is of direct and individual concern to the former.

The proceedings provided for in this Article shall be instituted within two months of the publication of the
measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to
the knowledge of the latter, as the case may be.

_Article 175_

Should the European Parliament, the Council or the Commission, in infringement of this Treaty, fail to
act, the Member States and the other institutions of the Community may bring an action before the
Court of Justice to have the infringement established.

The action shall be admissible only if the institution concerned has first been called upon to act. If, within
two months of being so called upon, the institution concerned has not defined its 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 Community has failed to address to that person any act
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 within the latter's field of competence and in actions or proceed ings
brought against the latter.

THE SINGLE MARKET IN 1994

_**JM**_

ANNEX 2

_Article_ _186_

The Court of Justice may in any cases before it prescribe any necessary interim measures.

**INSTITUTIONS OF THE COMMUNITY - PROVISING GOVERNING THE INSTITUTIONS -**

**PROVISIONS COMMON TO SEVERAL INSTITUTIONS**

_Article_ _189a_

1. Where, in pursuance of this Treaty, the Council acts on a proposal from the Commission,
unanimity shall be required for an act constituting an amendment to that proposal, subject to Article
189b(4)and(5).

2. As long as the Concil has not acted, the Commission may alter its proposal at any time during the
procedures leading to the adoption of a Community act.

**B.** **Official Journal - references** **<148)**

**1964**

**Council Directive** **64/432/EEC** of 26 June 1964 on animal health problems affecting intra-Community
trade in bovine animals and swine (OJ L 121, 29/07/64)

**1970**

Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270.
14/12/70)

**1971**

Council Directive 71/305/EEC of 26 July 1971 concerning the co-ordination of procedures for the award
of public works contracts (OJ L 185, 16/08/71 )

Council Decision 71/306/EEC of 26 July 1971 setting up an Advisory Committee for Public Works
Contracts (OJ L 185, 16/08/71)

1972

Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relat
ing 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)

**1975**

Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States
relating to aerosol dispensers (OJ L 147, 09/06/75)

Council Decision 75/365/EEC of 16 June 1975 setting up a Committee of Senior Officials on Public
Health (OJ L 167, 30/06/75)

**1976**

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 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)

(148) To provide clarity, the references are cited in numerical order; regulations follow upon other types of measures.

THE SINGLE MARKET IN 1994

10 ANNEX 2

**Commission Regulation (EEC) No 1624/76** of 2 July 1976 concerning special arrangements for the
payment of aid for skimmed-milk powder denatured or processed into compound feedingstuffs in the
territory of another Member State (OJ L 180. 06/07/76)

**1977**

**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 Decision 77/63/EEC** of 21 December 1976 amending Decision 71/306/EEC **setting** up an Advisory Committee for Public Contracts (OJ L 13, 15/01/77)

**Council Directive** **77/93/EEC** of 21 December 1976 on protective measures **against the introduction into**
**the** **Member** States of harmful organisms of **plants** or **plant** products (OJ L 26, **31/01/77)**

**Council** **Directive** **77/504/EEC** of 25 July 1977 oh pure-bred breeding; animals of **the** bovine species'(OJ'
L 206, 12/08/77)

**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)

**1978**

**Fourth Council Directive 78/660/EEC** 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)

**Council Directive 78/686/EEC** of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to
facilitate the effective exercice of the right of establishment and freedom to provide services (OJ L 233,
24/08/78)

**Council Directive 78/687/EEC** of 25 July 1978 concerning the coordination od provisions laid down by
lax. regulation or administrative action in respect of the activities of dental practitioners (OJ L 233,
24/08/78)

**1979**

**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** **79/196/EEC** of 6 February 1979 on the approximation of the laws of the Member
States concerning electrical equipment for use in potentially explosive atmospheres employing certain
types of protection (OJ L 43, 20/02/79

**Council Directive 79/279/EEC** of 5 March 1979 coordinating the conditions for the admission of securities to official stock exchange listing (OJ L 66, 16/03/79)

**Commission Regulation (EEC) No 1725/79** of 26 July 1979 on the rules for granting aid to skimmed
milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves (OJ L
199, 07/08/79)

**Commission Regulation (EEC) No 1726/79** of 26 July 1979 amending Regulations (EEC) No 1624/76,
(EEC) No 368/77, (EEC) No 443/77 and (EEC) No 1844/77 on aid measures and special sales opera
tions for skimmed-milk powder for use in feed (OJ L 199, 07/08/79)

**1980**

**Council Directive 80/390/EEC** of 17 March 1980 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 100, 17/04/80)

**Council Directive 80/777/EEC** of 15 July 1980 on the approximation of the laws of the Member States
relating to the exploitation and marketing of natural mineral waters (OJ L 229, 30/08/80)

**1983**

**Council Directive of 83/189/EEC** 28 March 1983 laying down a procedure for the provision of informa
tion in the field of technical standards and regulations (OJ L 109, 26/04/83)

**Seventh Council Directive 83/349/EEC** of 13 June 1983 based on the Article 54 (3) (g) of the Treaty on
consolidated accounts (OJ L 193, 18/07/83)

THE SINGLE MARKET IN 1994

ANNEX 2 **„** _**^**_

j1984 j

**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)

**Commission Regulation (EEC) No 2349/84** 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)

**1985**

**Council Directive** **85/611/EEC** of 20 December 1985 on the coordination of laws, regulations and
administrative provisions relating to undertakings for collective investment in transferable securities
(UCITS) (OJ L 375, 31/12/85)

**Commission Regulation (EEC) No 123/85** of 12 December'1984 on the application of Article 85 (3) of
the Treaty to certain categories of motor vehicle distribution and servicing agreements (OJ L 15,
18/01/85)

**1986**

**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)

**1987**

**Council Directive** **87/54/EEC** of 16 December 1986 on the legal protection of topographies of semicon
ductor products (OJ L 24, 27/01/87)

**Commission Decision 87/305/EEC** of 26 May 1987 setting up an advisory committee on the openingup of public procurement (OJ L 152, 12/06/87)

**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 L 167. 26/06/87)

**Council Directive 87/357/EEC** of 25 June 1987 on the approximation of the laws of the Member States
concerning products which, appearing to be other than they are, endanger the health or safety of
consumers (OJ L 192. 11/07/87)

**Council Directive 87/372/EEC** of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the
Community (OJ L 196. 17/07/87)

**Commission** Decision **87/560/EEC** of 17 July 1987 amending Decision 87/305/EEC of 26 May 1987
setting up an advisory committee on the opening-up of public procurement (OJ L 338, 28/11/87)

**1988**

**Council Directive 88/295/EEC** of 22 March 1988 amending Directive 77/62/EEC relating to the coordination of procedures on the award of public supply contracts and repealing certain provisions of Directive
80/767/EEC (OJ L 127, 20/05/88)

**Council Directive 88/344/EEC** of 13 June 1988 on the approximation of the laws of the Member States
on extraction solvents used in the production of foodstuffs and food ingredients (OJ L 157, 24/06/88)

**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 88/378/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)

**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 1988 on the zootechnical standards applicable to
breeding animals of the porcine species (OJ L 382, 31/12/88)

**Council Regulation (EEC) No 2052/88** of 24 June 1988 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 185. 15/07/88)

THE SINGLE MARKET IN 1994

_**.**_ _**/**_

12 ANNEX 2

**1989**

**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)

**First Council Directive** **89/104/EEC** of 21 December 1988 to approximate the laws of the Member
States relating to trade marks (OJ L 40, 11/02/89)

**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** **89/361/EEC** of 30 May 1989 concerning pure-bred breeding sheep and goats (OJ L
153, 06/06/89)

**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** **89/552/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)

**Commission Regulation (EEC) No 556/89** of 30 November 1988 on the application of Article 85 (3) of
the Treaty to certain categories of know-how licensing agreements (OJ L 61, 04/03/89)

**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** **90/118/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 Decision** **90/218/EEC** of 25 April 1990 concerning the administration of Bovine Somatotrophin
(BST)(OJL 116, 08/05/90)

**Council Directive 90/364/EEC** of 28 June 1990 on the right of residence (OJ L 180, 13/07/90)

**Council Directive 90/365/EEC** of 28 June 1990 on the right of residence for employees and selfemployed persons who have ceased their occupational activity (OJ L 180, 13/07/90)

**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 90/387/EEC** of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (OJ L 192. 24/07/90)

**Commission Directive 90/388/EEC** of 28 June 1990 on competition in the markets for telecommunications services (OJ L 192, 24/07/90)

**Council** Directive **90/396/EEC** of 29 June 1990 on the approximation of the laws of the Member States
relating to appliances burning gaseous fuels (OJ L 196, 26/07/90)

**Council** Decision **90/424/EEC** of 26 June 1990 on expenditure in the veterinary fiels (OJ L 224,
18/08/90)

Council Directive **90/531/EEC** of 17 September 1990 on the procurment procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 297, 29/10/90)

Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated
introduction of Pan-European land-based public radio paging in the Community (OJ L 310, 09/11/90)

THE SINGLE MARKET IN 1994

_**^**_

ANNEX 2 13

**Council Directive** 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and admin
istrative provisions relating to direct life 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)

**1991**

**Council Directive** **91/173/EEC** of 21 March 1991 amending for the ninth time Directive 76/769/EEC on
the approximation of the laws, regulations and administrative provisions of the Member States relating to
restrictions on the marketing and use of certain dangerous substances and preparations (L 85, 05/04/91)

**Council Directive** **91/250/EEC** of 14 May 1991 on the legal protection of computer programs (OJ L 122,
17/05/91)

**Council Directive** **91/263/EEC** of 29 April 1991 on the approximation of the laws of the Member States
concerning telecomrnunications terminal equipment, including the mutual recognition of their conformity
(OJL 128, 23/05/91)

**Council Directive** **91/287/EEC** 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)

**Council Directive** **91/296/EEC** of 31 May 1991 on the transit of natural gas through grids (OJ L 147,
12/06/91)

**Council Directive 91/308/EEC** 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 )

**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 Decision** **91/396/EEC** of 29 July 1991 on the introduction of a single European emergency call
number (OJL 117, 06/08/91 )

**Council Decision 91/414/EEC** of 15 July 1991 concerning the placing of plant protection products on the
market (OJ L 230. 19/08/91)

**Council Directive** **91/440/EEC** of 29 July 1991 on the development of the Community' s railways (OJ L
237.24/08/91)

**Council Regulation** (EEC) **No 2092/91** of 24 June 1991 on organic production of agricultural products
and indications referring thereto on agricultural products and foodstuffs (OJ L 198, 22/07/91)

**1992**

**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** **92/13/EEC** of 25 February 1992 coordinating the laws, regulations and administrative
provisions relating to the application of Community rules on the procurement procedures of entities
operating in the water, energy, transport and telecommunications sectors (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** **92/41/EEC** of 15 May 1992 amending Directive 89/622/EEC on the approximation of
the laws, regulations and administrative provisions of the Member States concerning the labelling of
tobacco products (OJ L 158, 11/06/92)

**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 92/44/EEC** of 5 June 1992 on the application of open network provision to leased
lines (OJ L 165, 19/06/92)

**Council Directive 92/49/EEC** of 18 June 1992 on the coordination of laws, regulations and administra
tive 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)

THE SINGLE MARKET IN 1994

_**IP**_

**/**

14 ANNEX 2

**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** **92/75/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** **92/85/EEC** of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers who have recently given
birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive
89/391/EEC) (OJ L 348, 28/11/92)

**Council Directive 92/96/EEC** of 10 November 1992 on the coordination of laws, regulations and admin
istrative 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** **92/100/EEC** of 19 November 1992 on rental right and lending right and on certain
rights related to copyright in the field of intellectual property (OJ L 346, 27/11/92

**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 (OJ L
370, 19/12/92)

**Council Directive** **92/110/EEC** of **14** December 1992 amending Directive 88/657/EEC laying down the
requirements for the production of, and trade in, minced meat, meat in pieces of less than 100 grams
and meat preparations (OJ L 394, 31/12/92)

**Council Directive** **92/120/EEC** 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)

**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 Resolution** **92/1218/EEC** of 7 December 1992 on making the single market work (OJ C 334,
18/12/92)

**Council Decision 92/264/EEC** of 11 May 1992 on the introduction of a standard international telephone
access code in the Community (OJ L 137, 20/05/92)

**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 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 2082/92** of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (OJ L 208, 24/07/92)

**Council Regulation (EEC) No 2434/92** of 27 July 1992 amending Part II of Regulation (EEC) No
1612/68 on freedom of movement for workers within the Community (OJ L 245, 26/08/92)

**Council Regulation (EEC) No 2913/92** of 12 October 1992 establishing the Community Customs Code
(OJL 302, 19/10/92)

**1993**

**Council Directive 93/6/EEC** of 15 March 1993 on the capital adequacy of investments firms and credit
institutions (OJ L 141, 11/06/93)

**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** **93/16/EEC** of 5 April 1993 to facilitate the free, movement of doctors and the mutual
recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 165, 07/07/93)

**Council Directive 93/22/EEC** of 10 May 1993 on investment services in the securities field (OJ L 141,
11/06/93)

**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)

THE SINGLE MARKET IN 1994

_**^Al**_

ANNEX 2 15

**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 Directive 93/43/EEC** of 14 June 1993 on the hygiene of foodstuffs (OJ L 175. 19/07/93)

**Commission Directive 93/46/EEC** of 22 June 1993 replacing and modifying the Annexes to Council
Directive 92/109/EEC on the manufacture and placing on the market of certain substances used in the
illicit manufacture of narcotic drugs and psychotropic substances (OJ L 159. 01/07/93)

**Sixteenth Commission Directive 93/47/EEC** of 22 June 1993 adapting to technical progress Annexes
II, III, V, VI and VII of Council Directive 76/768/EEC on the approximation of the laws of the Member
States relating to cosmetic products (OJ L 203, 13/08/93)

**Council Directive 93/68/EEC** of 22 July 1993 amending Directives 87/404/EEC (simple pressure
vessels). 88/373/EEC (safety of toys), 89/.106/EEC (construction products). 89/336/EEC (eleotromagnetic
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)

**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 93/97/EEC** of 29 October 1993 supplementing Directive 91/263/EEC in respect of
satellite earth station equipment (OJ L 290, 24/11/93)

**Council Directive** **93/104/EC** of 23 November 1993 concerning certain aspects of the organization of
working time (OJ L 307, 13/12/93)

**Council Directive** **93/109/EC** of 6 December 1994 laying down detailed arrangements for the exercise of
the right to vote and stand as a candidate in elections to the European Parliament for citizens of the
Union residing in a Member State of which they are not nationals (OJ L 329, 30/12/93)

**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 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 L 193, 31/07/93)

**1994**

**Commission Directive** **94/1/EC** of 6 January 1994 adapting some technicalities of Council Directive
75/324/EEC on the approximation of the laws of the relating Member States to aerosol dispensers (OJ L
23, 28/01/94)

**Commission Directive 94/2/EC** of 21 January 1994 implementing Council Directive 92/75/EEC with
regard to energy labelling of household electric refrigerators, freezers and their combinations (OJ L 45,
17/02/94)

**Commission Directive 94/3/EC** of 21 January 1994 establishing a procedure for the notification of inter
ception of a consignment or a harmful organism from third countries and presenting an imminent phyto
sanitary danger (OJ L 32, 05/02/94)

**Council Directive 94/5/EC** of 14 February 1994 supplementing the common system of value added tax
and amending Directive 77/388/EEC -Special arrangements applicable to second-hand goods, works of
art, collectors' items and antiques (OJ L 60, 03/03/94)

**Council Directive 94/8/EC** of 21 March 1994 amending Directive 78/660/EEC as regards the revision of
amounts expressed in ecus (OJ L 82, 25/03/94)

THE SINGLE MARKET IN 1994

**y** **[it ]**

16 ANNEX 2

**Directive 94/9/EC** of **the European Parliament and of the Council** of 23 March 1994 on the approxi
mation of the laws of the Member States concerning equipment and protective systems intended for use
in potentially explosive atmospheres (OJ L 100. 19/04/94)

**Directive** **94/10/EC** **of the European Parliament and of the Council** of 23 March 1994 materially
amending for the second time Directive 83/189/EEC laying down a procedure for the provision of infor
mation in the field of technical standards and regulations (OJ L 100. 19/04/94)

**Directive** **94/11/EC** **of the European Parliament and of the Council** of 23 March 1994 on the approxi
mation of the laws, regulations and administrative provisions of the Member States relating to labelling of
the materials used in the main components of footwear for sale to the consumer (OJ L 100, 19/04/94)

**Commission Decision** **94/11/EC** of 21 December 1993 on a common technical regulation for the
general attachment requirements for public pan-European cellular digital land-based mobile communications (OJ L 8, 12/01/94.)

**Commission Decision** **94/12/EC** of 21 December 1993 on a common technical regulation for the
telephony application requirements for public pan-European cellular digital land-based mobile communications (OJ L 8. 12/01/94)

**Council Directive** **94/1** 3/EC of 29 March 1994 amending Directive 77/93/EEC on protective measures
against **the** introduction into the Community of organisms harmful to plants or plant products and against
their **spread** within the Community (OJ L 92, 09/04/94)

**Directive** **94/18/EC** **of the European Parliament and of the Council** of 30 May 1994 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, with regard to
**the** obligation to publish listing particulars (OJ L 135, 31/05/94)

**Directive** **94/19/EC** **of the European Parliament and of the Council** of 30 May 1994 on deposit-guar
**antee** schemes (OJ L 135, 31/05/94)

**European Parliament and Council Directive 94/22/EC** of 30 May 1994 on the conditions for granting
and using authorizations for the prospection, exploration and production of hydrocarbons (OJ L 164,
30/06/94)

**Directive 94/25/EC of the European Parliament and of the Council** of 16 June 1994 on the approxi
mation of the laws, regulations and administrative provisions of the Member States relating to recréa
tional craft (OJ L 164, 30/06/94)

**Commission Directive 94/26/EC** of 15 June 1994 adapting to technical progress Council Directive
79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for
use in potentially explosive atmospheres employing certain types of protection (OJ L 157, 24/06/94)

**Council Directive 94/28/EC** of 23 June 1994 laying down the principles relating to the zootechnical and
genealogical conditions applicable to imports from third countries of animals, their semen, ova and
embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ
L178. 12/07/94)

**Council Directive 94/29/EC** of 23 June 1994 amending the Annexes to Directives 86/362/EEC and
86/363/EEC on the fixing of maximum levels for pesticide residues in and on cereals and foodstuffs of
animal origin respectively (OJ L 189, 23/07/94)

**Council Directive 94/30/EC** of 23 June 1994 amending Annex II to Directive 90/642/EEC relating to the
fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit
and vegetables and providing for the establishment of a list of maximum levels (OJ L 189, 23/07/94).

**Seventeenth Commission Directive 94/32/EC** of 29 June 1994 adapting to technical progress Annexes
II, III, V, VI and VII of Council Directive 76/768/EEC on the approximation of the laws of the Member
States relating to cosmetic products (OJ L 181, 15/07/94)

**Council Directive 94/33/EC** of 22 June 1994 on the protection of young people at work (OJ L 216,
20/08/94)

**European Parliament** **and Council Directive 94/34/EC** of 30 June 1994 amending Directive
89/107/EEC on the approximation of the laws of Member States concerning food additives authorized for
use in foodstuffs intended for human consumption (OJ L 237, 10/09/94)

**Directive 94/35/EC of the European Parliament and of the Council** of 30 June 1994 on sweeteners
for use in foodstuffs (OJ L 237, 10/09/94)

**Directive 94/36/EC of the European Parliament and of the Council** of 30 June 1994 on colours for
use in foodstuffs (OJ L 237, 10/09/94)

**Commission Directive 94/38/EC** of 26 July 1994 amending Annexes C and D to Council Directive
92/51/EEC on a second general system for the recognition of professional education and training to
supplement Directive 89/48/EEC (OJ L 217, 23/08/94)

THE SINGLE MARKET IN 1994

#### **_J [*i ]_**

ANNEX 2 17

**Commission Directive 94/39/EC** of 25 July 1994 establishing a list of intended uses of animal feeding
stuffs for particular nutritional purposes (OJ L 207, 10/08/94)

**Commission Directive 94/40/EC** of 22 July 1994 amending Council Directive 87/153/EEC fixing guide
lines for the assessment of additives in animal nutrition (OJ L 208, 11/08/94)

**Council Directive** **94/43/EC** of 27 July 1994 establishing Annex VI to Directive 91/414/EEC concerning
the placing of plant protection products on the market (OJ L 227, 01/09/94)

**Council Directive 94/45/EC** of 22 September 1994 on the establishment of a European Works Council
or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the
purposes of informing and consulting employees (OJ L 254, 30/09/94)

**Commission Directive** **94/46/EC** of 13 October 1994 amending Directive 88/301/EEC and Directive
90/388/EEC in particular with regard to satellite communications (OJ L 268, 19/10/94)

**Commission Directive 94/49/EC** of 11 November 1994 updating the list of entities covered by Council
Directive 91/296/EEC on the transit of natural gas through grids (OJ L 295, **16/11/94)**

**European Parliament and Council Directive** **94/52/EC** of 7 December 1994 amending for the second
time Directive 88/344/EEC on the approximation of the laws of the Member States on extraction solvents
used in the production of foodstuffs and food ingredients (OJ L 331, 21/12/94)

**Commission Directive 94/59/EC** of 2 December 1994 amending for the third time the Annexes to
Council Directive 77/96/EEC on the examination for Trichinae (Trichinelle spiralis) upon importation from
third countries of fresh meat derived from domestic swine (OJ L 315, 08/12/94)

**Council Directive 94/65/EC** of 14 December 1994 laying down the requirements for the production and
placing on the market of minced meat and meat preparations (OJ L 368, 31/12/94)

**Council Directive** **94/71/EC** of 13 December 1994 amending Directive 92/46/EEC laying down the
health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based
products (OJ L 368. 31/12/94)

**Council Directive 94/80** of 19 December 1994 laying down detailed arrangements for the exercise of the
right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a
Member State of which they are not nationals (OJ L 368, 31/12/94)

**Council Decision** **94/117/EC** of 21 February 1994 laying down the minimum requirements as regards
structure and equipment to be met by certain small establishments ensuring the distribution of fishery
products in Greece (OJ L 54, 25/02/94)

**Council Decision 94/268/Euratom** of 26 April 1994 concerning a framework programme of Community
activities in the field of research and training for the European Atomic Energy Community (1994 to 1998)
(OJL 115, 06/05/94)

**Commission Decision** **94/341/EC** of 3 June 1994 amending Commission Decision 93/437/EEC laying
down specific conditions for importing fishery products from Argentina (OJ L 151, 17/06/94)

**Council Decision 94/370/EC** of 21 June 1994 amending Decision 90/424/EEC on expenditure in the
veterinary field (OJ L 168, 02/07/94)

**Council Decision 94/445/EC** of 11 July 1994 on inter-administration telematic networks for statistics
relating to the trading of goods between Member States (Edicom) (OJ L 183, 19/07/94)

**Commission Decision 94/470/EC** of 18 July 1994 on a common technical regulation for attachment
requirements for terminal equipment interface for ONP 2 048 kbit/s digital unstructured leased line (OJ L
194. 29/07/94)

**Commission Decision** **94/471/EC** of 18 July 1994 on a common technical regulation for general terminal attachment requirements for Digital European Cordless Telecommunications (DECT) (OJ L 194
,29/07/94)

**Commission Decision** **94/783/EC** of 14 September 1994 concerning the prohibition of PCP notified by
the Federal Republic of Germany (Only the German text is authentic) (OJ L 316, 09/12/94)

**Commission Decision** **94/796/EC** of 18 November 1994 on a common technical regulation for the panEuropean integrated services digital network (ISDN) primary rate access (OJ L 329, 20/12/94)

**Commission Decision** **94/797/EC** of 18 November 1994 on a common technical regulation for the panEuropean integrated services digital network (ISDN) basic access (OJ L 329, 20/12/94)

**Commission Decision** **94/821/EC** of 9 December 1994 on a common technical regulation for attachment requirements for terminal equipment interface for ONP 64 kbit/s digital unstructured leased line (OJ
L339, 29/12/94)

**Council Decision 94/936/EC** of 20 December 1994 amending Decision 90/218/EEC concerning the
placing on the market and administration of bovine somatotrophin (BST) (OJ L 366, 31/12/94)

THE SINGLE MARKET IN 1994

_**jri**_

ANNEX 2

**Council Decision** **94/942/CFSP** on the joint action adopted by the Council on the article J3 of the Treaty
on European Union concerning the control of exports of dual-use goods (OJ L 367, 31/12/94)

**Decision** **94/1110/EC** **of the European Parliament and of the Council** of 26 April 1994 concerning the
fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) (OJ L 126, 18/05/94)

**Council Regulation (EC) No 40/94** of 20 December 1993 on the Community trade mark (OJ L 11.
14/01/94)

**Council Regulation (EC) No 519/94** of 7 March 1994 on common rules for imports from certain third
countries and repealing Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83 (OJ L 67, 10/03/94)

**Council Regulation (EC) No** **520/94** of 7 March 1994 establishing a Community procedure for adminis
tering quantitative quotas (OJ L 66, 10/03/94)

**Council Regulation (EC) No 1468/94** of 20 June 1994 amending Regulation (EEC) No 2092/91 on
organic production of agricultural products and indications referring thereto on agricultural products and
foodstuffs (OJ L 159. 28/06/94)

**Council Regulation (EC) No 1164/94** of 16 May 1994 establishing a Cohesion Fund (OJ L 130,
25/05/94)

**Council Regulation (EC) No 1921/94** of 25 July 1994 amending Regulation (EC) No 519/94 on common
rules for imports from certain third countries (OJ L 198, 30/07/94)

**Council Regulation (EC) No 2062/94** of 18 July 1994 establishing a European Agency for Safety and
Health at Work (OJ L 216, 20/08/94)

**Council Regulation (EC) No 2100/94** of 27 July 1994 on Community plant variety rights (OJ L 227,
**01/09/94)**

**Commission Regulation (EC) No 2515/94** of 9 September 1994 amending Regulation (EEC) No
1848/93 laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs (OJ L 275, 26/10/94)

**Council Regulation (EC) No 3283/94** of 22 December 1994 on protection against dumped imports from
countries not members of the European Community (OJ L 349, 31/12/94)

**Council Regulation (EC) No 3284/94** of 22 December 1994 on protection against subsidized imports
from countries not members of the European Community (OJ L 349, 31/12/94)

**Council Regulation (EC)** **No** **3285/94** of 22 December 1994 on the common rules for imports and
repealing Regulation (EC) No 518/94 (OJ L 349, 31/12/94)

**Council Regulation (EC) No 3286/94** of 22 December 1994 laying down Community procedures in the
field of the common commercial policy in order to ensure the exercise of the Community' s rights under
international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 349. 31/12/94)

**Council Regulation (EC) No 3295/94** of 22 December 1994 laying down measures to prohibit the
release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and
pirated goods (OJ L 341, 30/12/94)

**Council Regulation (EC) No 3381/94** of 19 December 1994 on the control of exports of certain dual-use
goods and technologies and of certain nuclear products and technologies (not yet published)

**Council Regulation (EC) No 3384/94** of 21 December 1994 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between
undertakings.

THE SINGLE MARKET IN 1994

_yiiï_

**Annex 3 - Judgements of the Court of Justice cited**

**Judgement of the Court of 18 May 1982** §61
**Joined Cases** **115** **and** **116/81**
Reports of cases 1982 pages 1665 - 1713

Rezguia Adoui v Belgian State and City of Liège
Dominique Cornuaille v Belgian State
Reference for a preliminary ruling: Tribunal de Première Instance - Liège
Public policy - Right of residence or establishment

**Judgement of the Court of 9 February 1994** **§** 66
**Case** **C-319/92**
Reports of cases 1994 pages I-0425

Salomone Haim v Kassenzahnârztliche Vereinigung NordRhein
Reference for a preliminary ruling: Bundessozialgericht - Germany
Establishment and provision of services - Dental practitioners - Recognition of evidence of formal
qualifications.

**Judgement of the Court of 9 February 1994** **§** 66
**Case** **C-154/93**
Reports of cases 1994 pages 1-0451

Abdullah Tawil-Albertini v Ministre des Affaires sociales

Reference for a preliminary ruling: Conseil d'Etat - France
Establishment and provision of services - Dental practitioners - Recognition of evidence of formal
qualifications.

**Judgement of the Court of 20 February 1979** **§ 72**
**Case 120-78**
Reports of cases 1979 pages 649 - 665

Rewe-Zentral AG v Bundesmonopolverwaltung fur Branntwein
Reference for a preliminary ruling: Hessisches Finanzgericht
Measures having an effect equivalent to quantitative restrictions

**Judgement of the Court of 2 February 1994** **§ 83**

**Case** **C-315/92**
Reports of cases 1994 pages 1-0317

Verband sozialer Wettbewerb v Clinique Laboratoires SNC and Estée Lauder Cosmetics GmbH.
Reference for a preliminary ruling: Landgericht Berlin - Germany
Free movement of goods - Name of a cosmetic product liable to mislead consumers.

**Judgement of the Court of 24 March 1994** **§ 84**
**Case** **C-80/92**
Reports of cases 1994 pages 1-1019

Commission of the European Communities v Kingdom of Belgium
Failure of a Member State to fulfil its obligations - Legislation applicable to radiocommunications
transmitters and receivers.

**Judgement** **of** **the Court of 2 June 1994** **§ 85**
**Joined Cases** **C-69/93** **and C-258/93**
Reports of cases 1994 pages I-2355

Punto Casa Spa v Sindaco del comune di Capena and Comune di Capena and promozioni
polivalenti Venete soc. coop. ARL (PPV) v Sindaco del comune di Torri di Quartesolo and comune
di Torri di Quartesolo
Reference for a preliminary ruling: Preturia circondariale di Roma - Italy
Interpretation of Articles 30 and 36 of the Treaty - Prohibition on certain kinds of Sunday tradings.

THE SINGLE MARKET IN 1994

_**lé**_

_**/**_

ANNEX 3

**Judgement of the Court of 24 November 1993** **§** **85**
**Joined Cases** **C-267/91** **and** **C-268/91**
Reports of cases 1993 pages I-6097

Criminal proceedings against Bernard Keck and Daniel Mithouard
Reference for a preliminary ruling: Tribunal de Grande Instance de Strasbourg - France
Free movement of goods - Prohibition of resale at a loss.

**Judgement of the Court of 22 June 1994** **§ 86**
**Case** **C-426/92**
Reports of cases 1994 pages I-2757

Federal Republic of Germany v deutsches Milk Kontor GmbH.
Reference for a preliminary ruling: Bundesverwaltungsgericht - Germany
Aid for skimmed-milk powder - Systematic frontier inspections - Measure having equivalent effect
-Costs of inspections-Charge having equivalent.effect-    

**Judgement of the Court of 15 September 1994** **§ 87**
**Case C-293/93**
Reports of cases 1994 pages I-4249

Criminal proceeding against Ludomira Neeltje Barbara Houtwipper
Reference for a preliminary ruling: Arrondissementsrechtbank Zutpher.    - Netherlands
Free movement of goods - Precious metals - Compulsory Hallmark.

**Judgement of the Court of 22 June 1982** §87

**Case 220/81**
Reports of cases 1982 pages 2349 - 2363

Criminal proceeding against Timothy Frederick Robertson and others
Reference for a preliminary ruling: Tribunal de Première Instance - Brussels
Measures having an effect equivalent to quantitative restrictions

**Judgement of the Court of 2 August 1993** § **93**
Case **C-303/92**
Reports of cases 1993 pages I-4739

Commission of the European Communities v Kingdom of the Netherlands
Failure of a Member State to fulfil obligations - Failure to implement directives within the
prescribed period.

**Judgement of the Court of 9 August 1994** **§** 160
**Case C-359/92**
Reports of cases 1994 pages 1-3681

Federal Republic of Germany v Council of the European Union
Action for annulement of measures - Directive 92/59/EEC on general product safety - Legal base Article 100a and third indent of Article 145 of the EEC Treaty

**Judgement of the Court of 24 March 1994** **§** 167
**Case C-275/92**
Reports of cases 1994 pages 1-1039

Her Majesty's Customs ans excise v Gerhart Schindler and Jôrg Schindler
Reference for a preliminary ruling: High Court of Justice, Queen's Bench Dicision - United
Kingdom
Lotteries

**Judgement of the Court of 22 March 1994** **§** 167
**Case C-375/92**
Reports of cases 1994 pages I-0923

Commission of the European Communities v Kingdom of Spain
Failure of a Member State to fulfil its obligations - Freedom to provide services - Tourist guides Professional qualification required by national rules

THE SINGLE MARKET IN 1994

##### ANNEX 3 3 [J ] [h ]

Judgement **of** the Court **of 9 August 1994** § 167
**Case** **C-43/93**
Reports of cases 1994 pages I-3803

Raymond Vander Elst v Office des migrations internationales
Reference for a preliminary ruling: Tribunal administratif de Châlons-sur-Marne    - France
Freedom to provide services - Nationals of a non-Member Country

**Judgement of the Court of 20 October 1993** §219
**Joined Cases C-92/92 and C-326/92**

Reports of cases 1993 pages 1-5145

Phil Collins v Imtrat Handelgesellschaft MbH and Patricia Im und Export Verwaltungsgesellschaft
MbH and Leif Emanuel Kraul v EMI Electrola GmbH
Reference for a preliminary ruling: Landgericht Munchen I and Bundesgerichtshof    - Germany
. . Article 7 of the. Treaty-Copyright and related rights

**Judgement of the Court of 20 March 1990** **§ 264**
**Case 21/88**
Reports of cases 1990 pages I-0889

Du Pont de Nemours Italiana Spa v Unita sanitaria locale N. 2 di Carrara and 3 M Italiana Spa
Reference for a preliminary ruling: Tribunale amministrativo régionale della Toscana - Italy
Public supply contracts - Reservation of 30% of such contracts to undertakings situated in a
particular region.

**Judgement of the Court of 18 March 1992** § 268
**Case** **C-24/91**
Reports of cases 1992 pages 1-1989

Commission of the European Communities v Kingdom of Spain
Directive 71/305/EEC     - Award of public works contrâtes     - Publication of notice of contract Derogation for reasons of urgency.

**Judgement of the Court of 3 May 1994** § 268
**Case C-328/92**
Reports of cases 1994 pages 1-1569

Commission of the European Communities v Kingdom of Spain
Failure to fulfil obligations - Public supply contracts - Pharmaceuticals products and specialities.

**Order of the President of the Court of 22 April 1994** **§** 269

**Case** **C-87/94** **R**
Reports of cases 1994 pages 1-1395

Commission of the European Communities v Kingdom of Belgium
Application for interim measures - Urgency - Balance of interests - Public safety - Public contracts

    - Transport sector - Council Directive 90/531/EEC

**Judgement of the Court of 14 April 1994** §270

**Case C-389/92**
Reports of cases 1994 pages 1-1289

Ballast Nedam Group nv v Belgian State
Reference for a preliminary ruling: Raad van Staat - Belgium
Freedom to provide services - Public works contracts - Registration of contractors - Relevant
identity

**Judgement of the Court of 26 April** **1994..** §271

**Case C-272/91**
Reports of cases 1994 pages 1-1409

Commission of the European Communities v Italian Republic
Concession for the lottery computerization system.

THE SINGLE MARKET IN 1994

**. ^ ' î**

**Annex 4 - Recent reports, studies and surveys on the**
**single market**

f7?7e _following list does not purport to be exhaustive._ _It_ _is a selection of publications dealing with_
_the practical operation of the single market in general which have been brought to the attention_
_of the Commission during 1994._ _It_ _does not include the many academic works which are_
_published regularly in this field)._

_The_ _Single_ _European Market: Centralization or Competition among national rules,_ The Royal
Institute of International Affairs, 1994

_Resolution and report of the conference of the Ministers for Economic affairs of the German_
_"Lander"_ _on the implication for business of the transitions to the Single market,_ German
"Lander", March 1994

77?e _internal Market, a balance sheet,_ BEUC, 14 April 1994

_European Business Survey,_ Grant Thornton International Business Strategies Ltd, May 1994

_Single Market Compliance_ _unit:_ _breakdown of detailed cases,_ Department of Trade and
Industry, May 1994

_Rapport: achever la_ _réalisation_ _d'un vrai marché unique pour renforcer nos entreprises,_
CNPF, June 1994

_Report: road freight transport in the single European Market,_ Committee of Enquiry, July
1994

_Enquête: "Marché intérieur européen: où en est-on?",_ Fédération des Entreprises de
Belgique, September 1994

_Conference on Technical Barriers to Trade in Europe,_ Danish Ministry of Industry and
Coordination/European Commission/Confederation of Danish Industries, 13 September
1994 (Copenhagen)

_Avis sur le rapport annuel sur_ _le_ _fonctionnement du marché intérieur,_ Comité Economique et
Social, September 1994

_Non Tariff Barriers in the European Union,_ Eurochambres, October 1994

_Enquête: "Europe, mode_ _d'emploi",_ Direction Générale Provence-Alpes-Côte d'Azur, MayOctober 1994

_Ligne ouverte pour_ _l'identification_ _des problèmes des entreprises espagnoles dans le marché_
_unique,_ Ministère du Commerce et du Tourisme, October 1994

_Enquête_ _sur_ _le fonctionnement du marché unique,_ VNO-NCW (Pays-Bas), December 1994

_The Single Market and the future development of the European Union,_ Confederation of
British Industry, October 1994

_The EC's internal market: implementation, economic consequences,_ unfinished business,
Peter Hoeller and Marie-Odile Louppe, OECD, Paris, 1994

THE SINGLE MARKET IN 1994

# **_sv_**

**Annex 5 - Organizations which provided contributions to**
**the Report**

Association of European Airlines (AEA)

Association of European Cooperative and Mutual Insurers (ACME)

British Telecom (BT) '

Bureau International des Producteurs d'Assurances et de Réassurances (BIPAR)

Commissao do Mercado de Valores Mobiliarios

Confédération Européenne de l'Immobilier

Confédération Fiscale Européenne (CFE)

Confederation of British Industry (CBI)

Confederation of the Food and Drink Industries of the EEC (CIAA)

Conference Européenne des Administrations des Postes et des Télécommunications
(CEPT)

Coordination Committee for the Textile Industries in the European Economic Community
(COMTEXTIL)

Danmarks Rederiforening Danish Shipowners' Association

E C Committee of the American Chamber of Commerce in Belgium (AMCHAM)

EFTA Surveillance Authority

Eurocommerce

European Association of Consumer Electronics Manufacturers (EACEM)

European Association of Cooperative Banks (EACB)

European Association of Craft, Small and Medium-Sized Enterprises (UEAPME)

European Automobile Manufacturers' Association (EAMA)

European Business Aviation Association (EBAA)

European Chemical Industry Council (CEFIG)

European Community Mortgage Federation

European Communiy's Independent Airline Association (ACE)

European Confederation of Associations of Manufacturers of Insulated Wires and Cables
(EUROPACABLE)

European Confederation of Medical Suppliers Associations (EUCOMED)

European Consumers'Organisation (BEUC)

European Cosmetic Toiletry and Perfumery Association (COLIPA)

European Crop Protection Association (ECPA)

European Federation of Engineering Consultancy Associations (EFCA)

European Federation of Equipment Leasing Company Associations

European Fertilizers Manufacturers 'Association (EFMA)

European Grouping of the Electricity Supply Industry (EURELECTRIC)

European Organisation of Reinforced Plastics and Composite Materials (GPRMC)

European Petroleum Industry Association (EUROPIA)

European Prorietary Medicines Manufacturers' Association (AESGP)

European Salt Producers' Association

European Savings Bank Group (ESBG)

THE SINGLE MARKET IN 1994

**>3<L**

ANNEX 5

European Society for Opinion and Marketing Research (ESOMAR)

European Telecommunications and Professional Electronics Industry (ECTEL)

Fédération des Experts Comptables Européens (FEE)

Federation of European Publishers (FEP)

International Air Transport Association (IATA)

International Confederation of Paper and Board Converters in Europe (CITPA)

Liaison Group of the European Mechanical, Electrical, Electronic and Metalworking
Industries (ORGALIME)

Liaison Office of the Rubber Industry of the E.E.C. (BLIC)

Sociedade Portuguesa de Autores

Union des Confédérations de l'Industrie et des Employeurs d'Europe (UNICE)

THE SINGLE MARKET IN 1994

ISSN 0254-1475

COM(95) 238 final

## DOCUMENTS

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Catalogue number : CB-CO-95-259-EN-C

ISBN 92-77-89473-3

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