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30 . 8 . 93 Official Journal of the European Communities No C 233 / 1

I

( Information )

COMMISSION

TENTH ANNUAL REPORT

to the European Parliament

on Commission monitoring of the application of Community law

— 1992 —

( 93 / C 233 / 01 )

COM(93 ) 329 final

30 . 8 . 93 Official Journal of the European Communities No C 233 / 3

CONTENTS

Page

A. INTRODUCTION 6

Presentation of Annexes 9

B. AN AREA WITHOUT INTERNAL FRONTIERS 11

1 . Introduction 11

2 . Removal of physical barriers 11

2.1 . Customs union 11

2.2 . Free movement of agricultural products 12

3 . Removal of technical barriers 13

3.1 . Free movement of goods, 13

3.2 . The market for services 17

3.2.1 . Audiovisual media 17

3.2.2 . Intellectual property 18

3.2.3 . Telecommunications 18

3.3 . Free movement of capital 19

3.4 . Freedom to provide financial services, direct taxation and company law 19

3.5 . Public procurement 21

4 . Removal of tax barriers 23

5 . Free movement of persons and right of establishment 24

5.1 . Ban on discrimination 24

5.2 . Entry and residence 25

5.3 . Trade union rights 25

5.4 . Access to employment in the public service 25

5.5 . Recognition of qualifications 25

6 . Consumer policy and product safety 28

C. COMPETITION 29

1 . Public undertakings 29

2 . Commercial monopolies 30

D. EMPLOYMENT AND SOCIAL POLICY 31

1 . Equal treatment 31

2 . Anti-cancer campaign 32

3 . Social security for migrant workers 32

4 . Working conditions 32

5 . Health and safety at work 33

No C 233 / 4 Official Journal of the European Communities 30 . 8 . 93

Page

E. AGRICULTURE AND FISHERIES 33

1 . Agriculture and rural development 33

2 . Fisheries 37

F. TRANSPORT 38

1 . Introduction 38

2 . Road transport 38

3 . Combined transport 39

4 . Inland waterways 39

5 . Air transport 40

G. ENVIRONMENT 40

1 . Introduction 40

1.1 . General situation 40

1.2 . Failure to notify national implementing measures 41

1.3 . Conformity of national implementing measures with Community law 42

1.4 . Incorrect application of directives 43

1.5 . Structural Funds and other sources of Community finance 44

1.6 . Freedom of access to information on the environment 44

1.7 . Environmental impact assessment 44

1.8 . Measures needed 45

2 . Situation in the Member States 46

3 . The situation sector by sector 55

3.1 . Air 55

3.2 . Chemicals 55

3.3 . Water 56

3.4 . Noise 56

3.5 . Waste 57

3.6 . Nature 57

3.7 . Radiation protection 57

H. OTHER AREAS 58

1 . External relations 58

2 . Community staff 59

3 . Energy 59

4 . Budgetary matters 60

5 . Statistics 60

30 . 8 . 93 Official Journal of the European Communities No C 233 / 5

ANNEXES Page

Annex I : Suspected infringements 1988 to 1992 61

Annex II : Established infringements 1988 to 1992 68

Annex III : Infringements of the treaties, regulations and decisions in 1992 127

Annex IV : Report on the application of directives at 31 December 1992 138

Annex V : Judgments of the Court of Justice not complied with on 31 December 1992 207

Annex VI : Application of Community law by national courts 212

No C 233 / 6 Official Journal of the European Communities 30 . 8 . 93

A. INTRODUCTION

This tenth annual report on monitoring of the
application of Community law has been produced in
response to requests made by Parliament in its resolution
of 9 February 1983 and by the Conference on European
Union, which, in point 2 of declaration No 19 on the
implementation of Community law annexed to the
Treaty signed in Maastricht on 7 February 1992, asked
the Commission ' to publish periodically a full report for
the Member States and the European Parliament '. The
report also meets requests from the European Council
and the Council for information on specific fields .

As in previous years, the report comprises :

— a sector-by-sector analysis ;

— statistical tables ;

— a list of infringement cases examined in 1992
( infringements of treaties, regulations and decisions )

— a report on the application of directives ( and the

relevant infringement proceedings )

Implementation of directives

Many directives became due for transposal in 1992, most
of them relating to the White Paper on the internal
market . This demanded a considerable effort from the

Member States, but great progress was made on the
internal market front ( see sector-by-sector analysis ). On
31 December 1992 the Member States had implemented
the bulk of the measures set out in the White Paper
( except the abolition of checks on individuals at internal
frontiers ).

The results for all areas combined, covering the period
from 1962 to 1992, are set out in the table below :

Directives
Member State
applicable

Directives

for which

measures

have been

notified

%

— a list of Court judgments which have not yet been

Belgium 1 087 984 90,5

Denmark 1 088 1 044 96,0

Germany 1 090 980 89,9

Greece 1 087 960 88,3

Spain 1 086 980 90,2

France 1 088 1 012 93,0

implemented ;

Ireland 1 088 991 91,1

Italy 1 087 969 89,1

— a summary of the application of Community law by Luxembourg 1 087 961 88,4

the national courts . Netherlands 1 087 1 012 93,1

Portugal 1 086 969 89,2

United Kingdom 1 087 1 014 93,3
A number of important points emerge from the report :

implemented ;

— a summary of the application of Community law by

the national courts .

— the transposal of Community law into national law,

and in particular the implementation of directives,
assumed special significance in the run-up to the

1993 deadline ;

— complaints from citizens continue to be the chief

source for the detection of infringements ;

— the Article 169 procedure is the main instrument for

monitoring the application of Community law ;

— the monitoring activities of the Commission and the

national courts complement each other ;

— the Commission 's contacts with national government

departments play a real part in increasing Member
States ' awareness and rallying them to action .

The sector-by sector analysis and the list of directives in
Annex IV paint a fuller picture of the problems
encountered by the Member States in the various fields .

Complaints and other means of detecting infringements

In carrying out its task of monitoring the application of
Community law, the Commission makes use of all
possible sources of information to detect infringements .
Apart from monitoring of the notification of national

implementing measures, the main sources are :

— complaints, in particular from private individuals or

firms, which increased in number from 1 052 in 1991
to 1 185 ' in 1992, but remained below the 1990
figure of 1 274 ;

30 . 8 . 93 Official Journal of the European Communities No C 233 / 7

— cases detected by the Commission itself ( 282 in 1992 )

— which it gleans from the press, Member States '

official gazettes, meetings with national experts, etc .
— and suspected infringements resulting from
petitions ( 33 in 1992 ) and Parliamentary questions
( 45 in 1992 ).

The large number of complaints is accounted for mainly
by the growing awareness among ordinary people of the
Community 's importance and, in some cases, by the
limited means of redress at national level or the tendency
to appeal to the Community when all national remedies
have been exhausted . The Commission 's complaints
procedure is easily accessible, as it involves no formalities
or expense . The Commission has tried to make people in
the Member States more aware of the procedure and to
encourage its use with the aim of improving the
application of Community law and at the same time
fostering a real People 's Europe . The success of the
campaign has surpassed expectations, in particular on the
environmental front .

The increase in complaints regarding the environment
can be put down to :

— the fact that half the Member States lack a real

environment policy ;

— the growing awareness among European citizens of

the need to protect the environment ;

— the lack of control structures in most Member States

( in fact such structures exist in only five Member
States ) ;

— the limited possibilities for individuals to appeal to

national courts .

Action under Article 169 of the EEC Treaty

The figures in Annex II illustrate the use of infringement
proceedings in 1992 . In total, the Commission :

— commenced 1 210 infringement proceedings ;

— sent 248 reasoned opinions ;

— referred 64 cases to the Court of Justice .

A few general comments should be made concerning
these figures .

The number of cases is progressively smaller at each
successive stage of the procedure . This shows that in

many cases the Commission succeeds in persuading
Member States to observe Community law without
having to go so far as a referral to the Court .

The situation in 1992 compared with 1991 is as follows :

— there was a substantial increase in the number of

Article 169 letters sent (1 210 in 1992 compared with

853 in 1991 ). The reason was the large number of
directives due for transposal in 1992 for which
national implementing measures were not notified to
the Commission, resulting in the commencement of
infringement proceedings ;

— the number of reasoned opinions fell from 411 in

1991 to 248 in 1992, reflecting the Member States '
efforts to ensure that infringements for failure to
implement directives were cleared up by the 31
December deadline ;

— the number of cases referred to the Court of Justice

was roughly the same as the 1991 figure, which had
confirmed the downward trend of previous years .

How does the Commission decide to commence
infringement proceedings ?

For complaints, cases detected by the Commission itself
and other suspected infringements, the Commission
commences or closes infringement proceedings as a rule
no later than one year after the case is registered . The
Commission 's departments generally use this period to
ask the complainant or the national authorities for
additional information to facilitate examination of the
case . This often involves meetings and the exchange of
letters with Member States . The Commission endeavours
to abide by the one-year time-limit but this has proved
impossible in many cases because of the complexity of
the dossier .

Most decisions on suspected infringements are taken on
the basis of six-monthly ' B ' reports, although this does
not rule out the possibility of decisions being taken inde ­
pendently of these reports in urgent cases .

In the case of failure to notify national implementing
measures, the decision to commence infringement
proceedings is taken not on the basis of the six-monthly
reports but in more frequent, periodic operations
covering a batch of directives which are due for
transposal .

No C 233 / 8 Official Journal of the European Communities 30 . 8 . 93

How does the Commission decide to continue or Monitoring at Community level and by the national
terminate infringement proceedings ? courts

The first stage in infringement proceedings begins with
the despatch of the Article 169 letter, which normally
gives the Member State two months in which to reply, or
less time in urgent cases . The aim of the letter is to
guarantee the Member State 's right to defend itself and
to establish dialogue and cooperation in order to shed
light on problems which have arisen or to work towards
a solution . The fact that an Article 169 letter is sent does

not mean that the Commission has adopted a final
position on whether the facts in question constitute an
infringement . It asks the Member State to submit its
observations on all the points raised so that it may
examine the case armed with a full knowledge of the
facts .

The use of national procedures enjoys certain advantages
over infringement proceedings brought by the
Commission under Article 169 EEC Treaty, viz .:

— Community citizens can generally secure their rights

more directly and more quickly ( injunction against
the national authorities, annulment of a national
decision, damages );

— the Court of Justice cannot declare a national rule

void because it infringes Community law ; nor can it
oblige a Member State to pay damages and interest
to a private individual who has suffered from such an
infringement .

— the case law of the Court of Justice has considerably

strengthened the hand of private individuals who

On the occasion of the six-monthly ' A ' reports, the bring cases before the national courts, seeking legal

protection under Community rules vis-a-vis their

Commission decides as a rule no later than one year
after sending the Article 169 letter either to close an national authorities . The time-limit for bringing an
established case or to send a reasoned opinion . The action under national law runs only from the

effective incorporation of a directive into national

Commission tries to abide by this one-year time-limit but

law ( Emmot ); private individuals who have sustained

often needs more time because of the complexity of the
case in question . The reasoned opinion generally gives damage from the failure to transpose a directive
the Member State two months to comply with the granting them rights must be compensated by the
Commission 's requests ( or less time in urgent cases ). If Member State and may bring an action for damages

for this purpose ( Francovich and Bonifaci ).

the Member State fails to do so, the Commission may
decide to refer the case to the Court of Justice on the
basis of the same six-monthly reports . There is always
the possibility of a decision being taken independently of
the six-monthly reports in urgent cases . However, national remedies also have their limits . For
example :

the interested party may have no possible means of
redress in a given field ( e.g. environment ) ;

The Commission gives a certain amount of publicity to
the sending of reasoned opinions and the referral of
cases to the Court of Justice . It does not publicize the
sending of Article 169 letters, unless they are concerned
with failure to implement a Court of Justice ruling or
failure to notify national implementing measures .

court proceedings may be very expensive and / or
lengthy ;

decisions by national courts are not valid erga omnes,
as they only apply within the national legal system to
which the court belongs and cannot be extended to
cover all Community citizens .

As in the past, the same practice is followed in this
report . Nevertheless, the statistical tables in the Annexes
provide comprehensive information, including coverage To sum up, the Commission lays particular stress on its
of all cases where Article 169 letters were sent . role as guardian of the Treaty and its duties under

30 . 8 . 93 Official Journal of the European Communities No C 233 / 9

Article 169 EEC Treaty, while acknowledging that
national courts play a part in the general jurisdiction of
Community law which is every bit as vital .

To enhance this vital role, the Commission promotes the
dissemination of knowledge on Community law, for
example by holding conferences for judges from the
Member States in collaboration with the European
Institute for Public Administration, continuing the
exchange programme for civil service lawyers, supporting
seminars, conferences and symposia in all legal sectors,
organizing training courses for lawyers in Community
law and encouraging the establishment of a network of
national lawyers ' associations for the legal protection of
the Community 's financial interests .

Contacts with national authorities

The Commission has a twofold role vis-a-vis the

Member States — to maintain contact and to draw their
attention to problems . Almost every day the Commission
is in touch with national government departments and
other interested parties to discuss the implementation of
Community law :

— as regards the implementation of directives, many

meetings are held with national government
departments to monitor various transposal cases .
Furthermore, in certain specific fields such as the
internal market and the environment, the
Commission actively assists the national authorities in
drafting national implementing measures ;

— for certain infringements, such as those relating to

Article 30 EEC Treaty, the Commission often
arranges ' package meetings ' with government
departments to discuss sets of cases .

The Commission is considering the possibility of inten ­

sifying cooperation with the Member States at adminis ­
trative level, notably as a result of the Sutherland report,
and will adopt new initiatives in the near future .

Finally, the Commission encourages the development of
direct controls by Member States in certain fields, in
particular the environment, with regular reports being
sent to the Community institutions .

PRESENTATION OF ANNEXES

In the statistical Annexes to the report ( Annexes I and II )
the reader will find all the key figures regarding the

monitoring of the application of Community law in

1992 . The years covered are 1988 to 1992, and a
distinction is drawn between suspected infringements
( Annex I ) and established infringements ( Annex II ).

Suspected infringements

— Table 1.1 gives the origin of suspected infringements

( complaints, Parliamentary questions, petitions or
cases detected by the Commission ) — in response to
requests by Parliament .

— Table 1.2 indicates the number of suspected
infringements handled by the various Commission
departments ( by sector ) and the Member States
involved .

— Table 1.3 shows the follow-up to suspected
infringements, which either became established
infringements ( i.e. an Article 169 letter was sent ),
were closed or are still being examined .

Established infringements

— Table 2.1 gives a breakdown of cases by Member

State and by the stage in the procedure ( Article 169
letter, reasoned opinion, referral to the Court,
judgment ).

— Tables 2.1.1 to 2.1.4 indicate the number of cases

handled by the various Commission departments ( by
sector ) at each stage in the infringement procedure
( from the Article 169 letter to the Court judgment ),
broken down by legal base ( either directives —
subdivided into failure to notify implementing
measures, incorrect implementation or incorrect
application — or treaties, regulations and decisions )
and by Member State .

— Table 2.2, which has been drawn up in response to

requests by Parliament, shows the follow-up to
established infringements . Broken down by Member
State and by the year in which proceedings
commenced, it shows :

( i ) the number of established infringements which

were closed at the Article 169 letter stage, those
which reached the reasoned opinion stage and
those which are still being examined ;

( ii ) the number of established infringements which

were closed at the reasoned opinion stage, those
which reached the referral stage and those which

are still being examined ;

No C 233 / 10 Official Journal of the European Communities 30 . 8 . 93

( iii ) the number of established infringements which Review of the application of Community law by the

closed after referral the Court of Justice national courts

were closed after referral to the Court of Justice, national courts
those on which a ruling was given ( indicating
whether the Court found in the Commission 's or
the Member State 's favour ) and those which are Annex VI contains a review of the application of Article
still before the Court .

177 EEC Treaty and of important rulings by national
courts not subject to appeal .

— Table 2.3 lists cases classified by Member State, by General comments

stage reached ( Article 169 letter, reasoned opinion,
referral ) and by legal basis ( either directives —
subdivided into cases of failure to notify measures,
incorrect implementation and incorrect application —
or treaties, regulations and decisions ).

For ease of consultation, the reader should note that the
numbering system for infringements was changed in

1992 : the letters A, B, etc . no longer form part of the
number, which now consists of six digits only ( e.g.
92 / 1234 ), of which the first two indicate the year in
which proceedings commenced and the other four
represent the number in that year . Existing cases ( dating
from 1991 and before ) retain their old numbers, with no
change for ' A ' cases, the addition of 2000 for ' B ' cases,
4000 for ' P ' cases and 6000 for the rare ' D ' cases . Thus,

— Case A / 91 / 0001 becomes 91 / 0001

— Case B / 91 / 0001 becomes 91 / 2001

— Case P / 9 1 / 0001 becomes 91 / 4001

— Case D / 91 / 0001 becomes 91 / 6001 .

There may be slight discrepancies in the figures for
previous years compared with those in previous reports
( e.g. because of the revision of legal bases, the transfer of
responsibilities from one department to another or the
correction of the ' failure to notify ' stage to ' incorrect
implementation '). Moreover, supplementary Article 169
letters and supplementary reasoned opinions are no
longer included in the calculation of the number of
infringements for each Member State . Another point to
bear in mind is that the criterion for including an Article

169 letter in the statistics for a given year is now the
actual date of despatch rather than the case number .

References in the Annexes to legal bases are abbreviated
according to the codes used in CELEX . For the treaties
the first digit is ' 1 ', followed by two digits representing
the year, a letter to identify the treaty and three digits to
denote the article ( thus 157E030 corresponds to Article
30 of the EEC Treaty and 179H130 stands for Article
130 of the Treaty on the Accession of Greece ). In the
case of secondary legislation, the first digit is ' 3 ',
followed by two digits denoting the year, a letter iden ­
tifying the type of instrument (' R ' for a regulation, ' L '
for a directive and ' D ' for a decision ) and four digits for
the number of the instrument ( thus 392D0001 stands for
Decision 92 / 1 / EEC and 392L0001 corresponds to
Directive 92 / 1 / EEC ).

List of infringements of the treaties, regulations and
decisions

Annex III contains a list of infringements of the treaties,
regulations and decisions handled by the Commission in

1992 . It reports on the progress in 1992 in each of the
174 infringement proceedings ( except those concerning
directives ) which reached the stage at which they were
made public ( generally the sending of a reasoned
opinion ). The list is drawn up by sector and broken
down further by Member State .

Progress in implementing directives

Annex IV records the progress made by 31 December

1992 in implementing all the directives mentioned in the
tables in the sector-by-sector analysis . It covers all
directives in force, in numerical order and with an
indication for each directive of whether national
implementing measures have been notified . Where the
Commission has commenced infringement proceedings in
relation to a directive ( for failure to notify, incorrect
implementation or incorrect application ) information is
given on developments in 1992 .

List of judgments of the Court of Justice not yet complied
with

Annex V lists all the judgments which had not been
implemented on 31 December 1992, indicating in each
case what action has been taken by the Member State or
the Commission . The list is broken down first by
Member State and then by judgments in chronological
order .

30 . 8 . 93 Official Journal or the European Communities No C 233 / 11

B. AN AREA WITHOUT INTERNAL FRONTIERS

1 . INTRODUCTION These initiatives have been very successful, both in

Under Article 8a of the EEC Treaty, the internal market
implies an area without internal frontiers in which
freedom of movement is ensured by the end of 1992 .
The basis for this frontier-free area is the legislative
programme adopted in the 1985 White Paper, which
serves as a yardstick for measuring progress towards its
completion . The aim was to remove all controls at
internal Community borders by the end of the year .

improving the implementation of Community law and in
stepping up the rate of transposal throughout the year .
By the end of 1992, the average rate had increased from
74 % of all measures adopted to 79 %, despite the entry
into force of a large volume of new legislation .

The Council adopted a Decision on an action plan

(' Karolus ') for exchanges between national civil servants
responsible for implementing the Community legislation
required for the completion of the internal market (*), to
be operational from January 1993 . The plan was drawn
up in the spirit of the Commission 's White Paper and
complements the specific programmes set up by Council
Decisions in the customs and veterinary fields .

By the end of 1992, the Council had adopted 94 % of
the Of these programme, 233 were, amounting already to in 261 force individual at the end measures of the . complements Decisions in the the customs specific programmes and veterinary set fields up by . Council
year, including 194 which still required national
implementing measures by the Member States to incor ­
porate them into national law . In the same vein, the Commission is setting up electronic
data transmission networks as a tool for cooperation
between national government departments . Some of
these networks, more specifically those concerning
Responsibility for managing the frontier-free area is indirect taxation, customs and veterinary and plant
shared between the Member States and the Community ;
health controls, will be operational from 1993 .
the Commission 's task is to guarantee that Community
obligations are being met, while Member States must
implement and enforce the rules .
The Commission is also working to improve the trans ­
parency and coherence of Community rules by consoli ­
dating existing legislation . In 1992 the consolidation

The Commission received a report from the study group exercise resulted in the adoption of a customs code and
set up under the chairmanship of Mr Sutherland to Council common positions on public procurement and
present guidelines for action on the operation of the medical qualifications .

The Commission received a report from the study group
set up under the chairmanship of Mr Sutherland to
present guidelines for action on the operation of the
internal market after 1992 . In a communication to the
Council and Parliament on 2 December 1992 ( SEC(92 )
2277 ), the Commission responded by committing itself to
several new initiatives in 1993 and highlighted the
importance of partnership with the Member States in
making the internal market work " smoothly .

The Commission must ensure that all the machinery for

managing the internal market and cooperating with the
Member States is in place . One of its main priorities is to
work with the Member States to establish administrative
cooperation, which takes the form of bilateral meetings
with the national government departments responsible
for administering Community rules or general training
for the staff of these departments through exchange

programmes .

2 . REMOVAL OF PHYSICAL BARRIERS

2.1 . Customs union

2.1.1 . Commission action

In 1992 the Commission sent a reasoned opinion to
Spain concerning the duty-free import of material which
was not specifically for military purposes . Similar
proceedings have already been brought against other
Member States ( see Third Annual Report ).

In 1992 bilateral contacts to discuss the observance of
Community obligations were ' intensified . A series of An action was brought before the Court of Justice
so-called ' package meetings ( each covering a range of against Italy for introducing a monopoly scheme
topics authorities ) were to held take with stock the Italian of the, Spanish situation and regarding German whereby all customs declarations have to be made

through customs agents ; the prices charged by these

compliance with Article 30 of the EEC Treaty, as well as agents amount to a tax with equivalent effect to customs
general meetings on the monitoring of the application of
Community law with the Portuguese, Spanish, Italian,
Belgian and Luxembourg authorities . O OJ No L 286, 1 . 10 . 1992 .

No C 233 / 12 Official Journal of the European Communities 30 . 8 . 93

duties . Meanwhile, proceedings were terminated in departments remain as before, and have been classified
another case relating to the telegram costs of veterinary as set out below .
services charged to importers of live animals, as Italy has
complied with the judgment of the Court of Justice of 14
March 1990 ( Case C-137 / 89 ).

2.2 . 1 . Technical provisions relating to the presentation,

Finally, in its judgment of 11 March 1992 in Case
C-323 / 90, the Court ruled in the Commission 's favour
concerning Portugal 's refusal to allow forwarding agents
to make customs declarations, which is incompatible
with customs legislation .

2.1.2 . Progress in implementing directives applicable to the

Customs Union

Directives
Member State
applicable

Directives

for which

measures

have been

notified

%

Belgium 10 10 100

Denmark 10 10 100

Germany 10 10 100

Greece 10 10 100

Spain 10 10 100

France 10 10 100

Ireland 10 10 100

Italy 10 10 100

Luxembourg 10 10 100

Netherlands 10 10 100

Portugal 10 10 100

United Kingdom 10 10 100

2.2 . Free movement of agricultural products

Establishing freedom of movement for agricultural
products ( those listed in Annex II to the EEC Treaty ) in
a single market is one of the principles underpinning the
operation of the CAP and its common market organiz ­
ations .

The Court of Justice has repeatedly pointed out that
Articles 30 and 34 of the EEC Treaty are still an integral
part of the common market organizations, even though
there has no longer been any need to write them into the
Regulations since 1 January 1970 ( see judgment of the
Court in Case 83 / 78 Pigs Marketing Board v.
Redmond ).

In 1992 the Commission once again kept a constant
watch to make sure that obstacles to trade in agricultural
products in the Community were removed . The types of
obstacles detected and combated by Commission

quality and packaging of products which have the
effect of restricting or discouraging imports

A case in point is the Italian law prohibiting the
production of cheeses with a fat content lower than that
stipulated by Italian law for marketing in Italy . This had
the effect of preventing the marketing of imported
cheeses which have been lawfully manufactured and
marketed in the Member State of origin and was
condemned by the Court of Justice in its judgment of 1 1
October 1990 in Case C-2 10 / 89 Commission v. Italy . In
response to this judgment, the Italian authorities have
repealed the rules in question . The new text stipulates
that no specific fat content is required for cheeses which
do not have a designation of origin or a typical denomi ­
nation . As Italy has complied with the Court 's judgment,
the Commission has now closed the case .

The Italian authorities have removed a similar restriction
concerning the system for monitoring the authenticity of
butter, which was based entirely on the ratio between
certain fatty acids established with reference to home ­
produced butter without taking into account standard
values for butter produced in other Member States . The

Italian authorities now define the purity of butter by a
general analysis of its composition, with particular
reference to sterols and triglycerides .

Under the ' Community Law ' of 1991 ( published on 20
February 1992 ), Italy lifted the restrictions on the
marketing or import into Italy of certain oils and fats
( the requirement that a tracer be present ), which had
been condemned by the Court of Justice in its judgment
of 27 November 1990 in Case C-67 / 88 Commission v.

Italy . Now that Italy has complied with the Court 's
ruling, the Commission has closed the case .

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

— Double checks and systematic checks such as those

applied in Italy to salted fish imported from Greece
with a health certificate issued by the Member State
of dispatch or to livestock, meat, dairy products and
fishery products when animal health inspectors are
on strike and are replaced by military veterinary

surgeons .

— The requirement that the producer Member State

issue certificates guaranteeing that products conform

30 . 8 . 93 Official Journal of the European Communities No C 233 / 13

to the standards of the importing Member State ; such 88 / 657 / EEC and comes from establishments officially
a requirement was applied in Greece in respect of approved by France in application of that Directive .
pasteurized butter but was abolished by the Greek
authorities following the judgment of the Court of
Justice of 19 March 1991 in Case C-205 / 89 3 . REMOVAL OF TECHNICAL BARRIERS
Commission v. Greece .

3.1 . Free movement of goods
— The requirement for prior import licences or permits

applied in Italy to any vegetable matter sensitive to
fire blight and in the United Kingdom and Ireland to
sperm to be used for artificial insemination purposes .
The United Kingdom now allows the import of

sperm licence collected ' scheme after, while 1 the July case 1990 concerning under the general Ireland
was referred to the Court of Justice, which
condemned the licence scheme in question ( judgment
of 17 November 1992 in Case C-235 / 91 Commission

v. Ireland ).

— In its judgment of 5 July 1990 in Case C-304 / 88, the

Court of Justice ruled against Belgium 's practice of
individually authorizing each import of meat or
livestock from other Member States . The Belgian
authorities have since abolished the requirement
condemned by the Court .

—
Over-complicated checking arrangements such as

those in force in Germany, which required trans ­
porters of fresh poultrymeat as a matter of course to
declare their goods in advance so that animal health
inspectors could be called in routinely . Following the
Court of Justice 's ruling of 28 November 1989 ( Case
C-186 / 88 Commission v. Germany ), Germany first
took the requisite steps to comply in practice and
then made the necessary amendments to its legis ­
lation . Other practices were also condemned by the
Court of Justice, such as the ban placed by Italy on
imports of grapefruit from other Member States
through its land border posts ( judgment of 12 July

1990 in Case C-128 / 89 Commission v. Italy ). In view
of Italy 's refusal to comply with the Court 's ruling,
the Commission delivered a reasoned opinion .

2.2.3 . Bans on the import of products from other Member

States

The Commission referred to the Court of Justice a case

against Portugal concerning the import of pigs ( Case
C-52 / 92 ).

The Commission has also continued proceedings against

Spain for its ban on the import of frozen minced meat
originating in France even though the meat in question
corresponds to the rules set out in Directive

3.1.1 . Articles 30 et seq . of the EEC Treaty and application

of the principle of mutual recognition

The free movement of goods within the Community

requires the removal of all remaining non-tariff barriers
to trade between Member States . Despite the ban on
measures having equivalent effect to quantitative
restrictions on imports and exports under Articles 30 and

34 of the EEC Treaty, firms still experience difficulties in
the day-to-day import and export of the most common
products between Community Member States on
account of the barriers raised by national legislation on,
among other things, labelling, composition, packaging,
prices, quality or safety .

The ' Cassis de Dijon ' judgment in 1979 established the
principle of mutual recognition, whereby any product
lawfully produced or marketed in one Member State of
the Community must enjoy access to all other Member
States except where there are legitimate reasons . This
principle respects the diversity which is the Community 's
source of wealth and is an accurate operational
expression of the intrinsic values of subsidiarity .

If each Member State accepts products which comply
with other Member States ' rules, standards or technical
processes when these ensure a level of protection at least
equivalent to that guaranteed by their own legislation,
goods may circulate freely with due respect for the indi ­
vidual traditions of different countries .

In this context the Commission intends to give top
priority to cooperation with national government
departments and establish as far as possible an ' adminis ­
trative partnership ', so that disputes concerning the free
movement of goods can be settled quickly and effi ­
ciently . It is convinced that this is the best way of
fostering mutual trust between the Member States and
making them aware that national, regional or local
measures must not have the effect of hampering intra ­
Community trade .

In ' package practice meetings, these objectives ' with the are Member pursued States through, where regular satis ­
factory solutions are found to the vast majority of
problems raised . This approach is being adopted more
and more by the Member States, in particular Italy,
Spain and Germany .

No C 233 / 14 Official Journal of the European Communities 30 . 8 . 93

The same concern to find quick and pragmatic ways of
establishing freedom of movement has prompted
Member States to turn more and more to the adoption
of temporary measures, whereby the national laws which
are barriers to trade are interpreted in such a way as to
render them compatible with Article 30 of the EEC
Treaty, pending their formal amendment . These
temporary measures are widely publicized so that busi ­
nesses are aware of their rights . By way of example,
France and Italy have authorized the marketing and
import of pasta not made from durum wheat in order
to comply with the rulings of the Court of Justice of

14 July 1988 ( Cases 407 / 85 and 90 / 86 Criminal
proceedings against Drei Glocken and Zoni ). To this
effect France has published a notice to importers in the
Bulletin officiel des douanes and a departmental memo in
the bulletin of the Directorate-General for Consumer
Affairs, Competition and Fraud Prevention, pending the
amendment of the French Law of 1934, while in Italy a
ministerial circular has been published in the national
official gazette, pending the amendment of the relevant
Italian Law .

In the telecommunications field, Belgium has also
adopted temporary measures introducing a scheme for
the approval of telephone equipment which conforms to
the requirements laid down by the Court of Justice in its
judgment of 13 December 1991 ( Case C-18 / 88 RTT v.
GB-Inno-BM ), pending the establishment of a
specialized agency for this purpose .

1992 saw the culmination of several major reforms in
telecommunications which Member States had
undertaken in response to action by the Commission .
After five years of discussions with the Commission,

18 February 1992, the Court ruled that it is contrary to
Article 30 of the EEC Treaty for a Member State to
grant a compulsory licence on the grounds that a patent
is insufficiently exploited on its territory, where national
demand is satisfied by imports from other Member States
( Cases C-235 / 89 Commission v. Italy and C-30 / 90
Commission v. United Kingdom ).

example, following the Court 's judgment of 8 April 1992
in Case C-62 / 90 Commission v. Germany, the
Commission has taken an interest in the opportunities
afforded to individuals to import medicines from other
Member States, in particular by post, for their own
personal use .

The Court also delivered a series of judgments which
confirmed and expanded on previous case law
concerning the authorization of additives in foodstuffs
( judgment of 4 June 1992 in Joined Cases C-13 / 91 and
C - 113 / 91 Criminal proceedings against Debus ;
judgments of 16 July 1992 in Cases C-95 / 89, C-293 / 89

and C-344 / 90 on Italian, Greek and French legislation
on the nitrate content of cheeses ). These judgments
confirmed the rule it established on 12 March 1987
( Case 178 / 84 Beer Purity Laws ), the main features of
which were reiterated and analysed by the Commission
in its Interpretative Notice of 24 October 1989 on the
free movement of foodstuffs in the Community ('). It
emerged from the above rulings that a Member State is
in breach of Article 30 of the EEC Treaty if it fails to
provide for procedures for the authorization of additives
whose use it prohibits . The Commission is planning to
ask Member States what action they have taken or
intend to take in response to the above notice and
judgments, in particular measures relating to authoriz ­
ation procedures .

In the field of intellectual and industrial property, the
Court laid down the conditions under which indication
of provenance may be protected under Article 36 of the
EEC Treaty in its judgment of 10 November 1992 in
Case C-3 / 91 Exportur v. Lor . In two judgments given on

France amended its ' PTT Code ' and issued orders grant a compulsory licence on the grounds that a patent
implementing Community obligations . In Germany, a is insufficiently exploited on its territory, where national
new scheme has been introduced allowing radio receivers demand is satisfied by imports from other Member States
to be placed on the market without prior approval, while ( Cases C-235 / 89 Commission v. Italy and C-30 / 90
many restrictive technical requirements have been Commission v. United Kingdom ).
abolished . A radical reform of the Belgian legislation in
this field is now under way as a result of the Court
ruling cited above ; the requirement that different brands
of terminal must be approved has now been abolished . In another notable judgment, given on 9 July 1992, the
Court allowed the possibility, taking into account the
circumstances of the case in question, that a Member
State may ban the import of household waste into its

Another feature of the year was the importance attached territory C-2 / 90 Commission for the sake v. of Belgium environmental ). The Commission protection ( will Case
by the Commission to establishing the frontier-free area take steps to ensure that Member States do not abuse
pressed provided ahead for in with Article the measures 8a of the it EEC began Treaty in July . It 1991 also, proportionality this facility, while laid scrupulously down in the observing case law of the the principle Court of of
based in particular on Articles 30 to 36 EEC, to ensure Justice .

Another feature of the year was the importance attached
by the Commission to establishing the frontier-free area
provided for in Article 8a of the EEC Treaty . It also
pressed ahead with the measures it began in July 1991,
based in particular on Articles 30 to 36 EEC, to ensure
that unjustified checks on goods at internal borders were
removed even before the deadline of 1 January 1993 .

The Court delivered judgments based on Articles 30 and

36 of the EEC Treaty concerning national legislation
The case law of the Court of Justice provides the granting exclusive rights and monopolies in the supply of
Commission with operational guidelines and a sound
legal base for taking action against Member States . For 0 ) OJ No C 271, 24 . 10 . 1989 .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 15

telecommunications terminals ( judgment of 19 March

In 1992 it concluded a new contract, with an organ ­
ization which has contacts in all the Member States, for
the detection of technical rules which have been adopted
without prior notification . This should help the
Commission to exercise its powers under Article 169 of
the EEC Treaty .

1991 in Case C-202 / 88 France v. Commission ), the,
distribution of pharmaceutical products ( judgments of 21 the detection of technical rules which have been adopted
March 1991 in Cases C-369 / 88 Delattre and C-60 / 89 without prior notification . This should help the
Monteil and Samanni ) and port undertakings ( judgment Commission to exercise its powers under Article 169 of
of 10 December 1991 in Case C - 179 / 90 Porto di the EEC Treaty .
Genova ). Following these judgments, the Commission
has decided to scrutinize other national legislation of this
kind to determine whether it complies with the Directive 83 / 189 / EEC is of crucial importance for the
abovementioned Articles .
internal market, which can operate smoothly only if the
transparency aspired to by that Directive is put into
practice . The Commission has therefore decided to step
up its efforts to enforce the notification procedure by
automatically referring cases to the Court of Justice

3.1.2 . The preventive rules of Directive 83 / 189 / EEC whenever Member States fail to reply to its reasoned

opinions or refuse to act on them .

3.1.2 . The preventive rules of Directive 83 / 189 / EEC

The notification procedure of Directive 83 / 189 / EEC, as

amended by Directive 88 / 182 / EEC, is an essential tool
for preventing barriers to trade from being raised and for
sharing information . Member States are required to
notify drafts of new technical regulations for vetting .
The procedure does not cover technical regulations

3.1.3 . Progress in implementing directives on the free

movement of goods

3.1.3.1 . Foodstuffs
issued to implement directives .

In 1992 the Commission received 362 drafts of national
technical regulations for vetting . This represents a fall of

In 1992 the Commission examined 105 infringement
cases, of which 100 concerned failure to notify . The rate
of transposal improved considerably with implementing
measures adopted in 82 cases ; as for the 18 cases
outstanding, Article 169 letters were sent in four cases
and reasoned opinions in seven .

17% from 1991 . Of these 362 cases, 87 required a
detailed opinion . The main purpose is to secure outstanding, Article 169 letters were sent in four cases
compliance with the principle of mutual recognition and and reasoned opinions in seven .
debar the establishment of new barriers to trade . For
their part, the Member States issued 47 opinions . In 15
cases the Commission had to ask the Member State for a
one-year postponement of the measure, since ten
harmonization directives were in the pipeline, seven of
them being over and above what was announced in the
White Paper . The deadline for issuing opinions on draft
legislation for 1992 expires on 31 March 1993 . 3.1.3.2 . Progress in implementing directives applicable to food ­

stuffs

On 27 November 1992 the Commission adopted a
proposal to amend Directive 83 / 189 / EEC ( COM(92 )
491 final ) which clarifies and extends the concept of
technical rules as well as certain definitions, procedural
rules and Member States ' obligations . In the course of
the year the Commission also adopted a report on the
operation of Directive 83 / 189 / EEC in 1990 and 1991
( COM(92 ) 565 final ), which gives a detailed picture of
its application and highlights the changes in the field of
technical rules and the impact of draft legislation on the
market .

The Commission enforces the notification system by
routinely scrutinizing the regulations issued by the
Member States in breach of the procedure laid down in
Directive 83 / 189 / EEC .

Directives
Member State applicable

Directives

for which

measures
have been

notified

%

Belgium 59 57 97

Denmark 59 57 97

Germany 59 53 90

Greece 59 57 97

Spain 59 57 97

France 59 56 95

Ireland 59 56 95

Italy 59 51 86

Luxembourg 59 58 98

Netherlands 59 58 98

Portugal 59 54 92

United Kingdom 59 57 97

No C 233 / 16 Official Journal of the European Communities 30 . 8 . 93

3.1.3.3 . Pharmaceuticals measures which suggest that the legislative process is well
on the way to completion .

In the course of the year 53 infringement cases were
examined, of which all but one concerned failure to
notify national implementing measures . Reasoned
opinions have gone out in these 52 cases . Most of the
Member States concerned have since sent the
Commission draft measures or indicated the progress
made in transposal . It should be borne in mind that
Member States were given an unusually tight deadline —
around twelve months — for the incorporation into
national law of relatively complicated technical texts .
The information received by the Commission suggests
that the rate of transposal should improve rapidly in the
months ahead .

3.1.3.4 . Progress in implementing directives applicable to phar ­

maceuticals

Belgium 42 31 74

Denmark 42 38 90

Germany 42 34 81

Greece 42 38 90

Spain 42 34 81

France 42 37 88

Ireland 42 36 86

Italy 42 36 86

Luxembourg 42 31 74

Netherlands 42 38 90

Portugal 42 34 81
United Kingdom 42 31 74

3.1.3.7 . Motor vehicles, tractors, motorcycles

The overall rate of transposal of the 148 implementing
directives in this field ( including basic and amending
directives ) is over 95 % .

The incorporation into national law of the 107 directives
on private cars, commercial vehicles, lorries, buses and
coaches, the 36 directives on agricultural and forestry
tractors and the 6 directives on motorcycles was speeded
up considerably in 1992 . Delays in transposal, which
rarely exceed a few months, are almost always the result
of slow administrative procedures in certain Member
States . Given the detailed nature of the directives on
motor vehicles, many Member States refer to the text
published in the Official Journal of the European
Communities, which avoids the problem of directives not
being properly implemented .

In the course of the year the Commission examined 57
infringement cases for failure to notify ( 30 of which have
been closed ) and four for infringement of directives ( one
of which has been closed ).

3.1.3.6 . Progress in implementing directives applicable to
chemicals

Directives
Member State
applicable

Directives

for which

measures
have been

notified

%

Member State Directives
applicable

Directives

for which

measures
have been

notified

%

Belgium 22 17 77

Denmark 22 18 82

Germany 22 12 55

Greece 22 17 77

Spain 22 14 64

France 22 16 73

Ireland 22 16 73

Italy 22 19 86

Luxembourg 22 17 77

Netherlands 22 14 64

Portugal 22 17 77
United Kingdom 22 17 77

3.1.3.5 . Chemicals

The Commission examined 75 infringement cases during
the year, all of which concerned failure to notify . The
rate of transposal improved considerably with
implementing measures adopted in 28 cases ; Article 169
letters and reasoned opinions were sent in 18 of the
remaining 47 cases . In most cases Member States have
sent the Commission draft national implementing

30 . 8 . 93 Official Journal of the European Communities No C 233 / 17

3.1.3.8 . Progress in implementing directives applicable to motor

vehicles, tractors and motorcycles

The Commission was able to close many of the
proceedings brought against Portugal, leaving just 10 in
progress at the end of the year, compared with 29 in

1991 .

For the other Member States the number of proceedings
under way at the end of the year was as follows :
Belgium ( 3 ), Denmark ( 1 ), Germany ( 5 ), Greece ( 9 ),
Spain ( 5 ), France ( 1 ), Ireland ( 3 ), Italy ( 4 ), Luxembourg
( 5 ), the Netherlands ( 5 ) and the United Kingdom ( 0 ).

In 1992 the Commission opened six proceedings against
Member States for failure to comply with directives or
incorrect application and closed cases against Italy and
Greece regarding the application of Directive
73 / 0023 / EEC on low-tension equipment and against
Ireland for incomplete transposal of Directive
84 / 0532 / EEC on construction plant and equipment .

Directives

for which

measures

have been

notified

Member State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy
Luxembourg

Netherlands

Portugal
United Kingdom

Directives
applicable

%

150 136 91

150 148 99

150 144 96

150 145 97

150 149 99

150 145 97

150 149 99

150 145 97

150 - 141 94

150 148 99

150 148 99

150 147 98

3.1.3.11 . Progress in implementing directives applicable to
mechanical engineering, measuring equipment, pre ­
packaging, electronics and medical equipment
3.1.3.9 . Construction products

The pattern of transposal of Directive 89 / 106 / EEC is

rather uneven .

In response to Article 169 letters, the Commission has
now been notified of national implementing measures
from Spain, France, Ireland and Luxembourg, in
addition to those already received from the United
Kingdom, Denmark and the Netherlands .

Proceedings are in hand against the five other Member
States for failure to notify .

Belgium 85 82 96

Denmark 85 84 99

Germany 85 80 94

Greece 85 76 89

Spain 85 81 95

France 85 84 99

Ireland 85 82 96

Italy 85 81 95

Luxembourg 85 80 94

Netherlands 85 80 94

Directives
Member State applicable

Directives

for which

measures

have been

notified

%

3.1.3.10 . Mechanical engineering, measuring Portugal 85 75 88
equipment and medical, equipment prepackaging, electronics United Kingdom 85 85 100

A total of 85 harmonization directives are involved here,

all of which are due for transposal .

There was a further improvement in the rate of
transposal due mainly to the efforts by the Portuguese
authorities and closer cooperation between the
Commission and the Member States .

The number of proceedings under way increased from
last year 's 56 to 132, even though many cases were
closed . The main reason for the increase was that
proceedings had to be commenced concerning six
directives which fell due for transposal during the year .

3.2 . The market for services

3.2.1 . Audiovisual media

Directive 89 / 552 / EEC ( television without frontiers ), in
force since 3 October 1991, aims to secure free
movement of TV programmes so as to create a common
broadcasting area .

In 1992 infringement proceedings were brought against
three Member States ( Denmark, Greece and Spain ) for

No C 233 / 18 Official Journal of the European Communities 30 . 8 . 93

failure to notify national implementing measures ; one of
these cases ( against Greece ) was subsequently closed .

The Commission is presently scrutinizing the national
measures which have been notified to determine whether
they comply with the Directive .

Infringement proceedings have been opened to abolish
restrictions imposed by national legislation contrary to
Articles 52 and 59 of the EEC Treaty .

A reasoned opinion was sent to Greece in 1992 for
infringing Article 52 of the EEC Treaty by imposing
restrictions on the acquisition by foreigners of the capital
of broadcasting organizations . A similar provision in the
Flemish Community in Belgium was condemned by the
Court of Justice in a judgment given on 16 December

1992 ( see below ).

The Commission has opened infringement proceedings
against Belgium for an infringement of Article 59 of the
EEC Treaty following the ban on the cable retrans ­
mission of programmes containing advertising material
addressed to the French Community in Belgium (a
reasoned opinion was sent in 1991 ).

As regards restrictions imposed on linguistic or cultural
grounds, which have a restrictive effect out of proportion
to the objective pursued, the case against the
Netherlands was closed after it complied with the
judgment of the Court of Justice of 25 July 1991 .

On 16 December 1992 the Court of Justice delivered a
judgment in Case C-211 / 91, in which it condemned
Belgium ( Flemish Community ) for failing to fulfil its
obligations under Article 59 of the EEC Treaty . The
Court found that certain provisions in Belgian legislation
were incompatible with Community law, such as the ban
on the cable retransmission of programmes from other
Member States not broadcast in the language of the
receiving country and, more generally, the fact that the
transmission on a broadcasting network of television
programmes of non-public broadcasting services from
other Member States was made subject to prior authoriz ­
ation, to which conditions may be attached .

Turning to the cinema, proceedings are still in hand
against Spain in the matter of the compulsory licensing
system for the dubbing of films originating in other
countries ; the granting of a licence is subject to
production and distribution of national films (a reasoned
opinion was sent in 1991 ).

3.2.2 . Intellectual property

3.2.2.1 . Legislation in force

The following directives are in force :

— Directive 89 / 104 / EEC on the approximation of
Member States ' legislation on trade marks, where, the
prescribed date for transposal was postponed to 31
December 1992 and national implementing measures
have been notified by five Member States ( Denmark,
Greece, Spain, France and Italy ).

— Directive 87 / 54 / EEC concerning legal protection for

semi-conductors, for which all the Member States
have notified implementing measures .

— Directive 91 / 250 / EEC on the legal protection of

computer programs, to be transposed by the Member
States by 1 January 1993 . National implementing
measures have been notified by three Member States
( Denmark, Italy and United Kingdom ).

3.2.3 . Telecommunications

3.2.3.1 . Commission action

The Commission is surveying the measures taken by the
Member States regarding the allocation of frequencies
under Council Directive 87 / 372 / EEC of 25 June 1987
on the frequency bands to be reserved for the coor ­
dinated introduction of public pan-European cellular
digital land-based mobile communications in the
Community, and the transparency and publication of
such measures .

Commission Directive 88 / 301 / EEC of 16 May 1988 on
competition in the markets for telecommunications
terminal equipment has now been transposed in all the
Member States by legislation abolishing exclusive rights
to sell and import such equipment . But the practical
application of measures relating to certain specific forms
of equipment is under scrutiny .

Three Member States ( Greece, Spain and Ireland ) have
received Article 169 letters for failure to notify national
measures implementing 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 .
Proceedings have been commenced against seven
Member States for infringement of 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 ) in the
Community .

All the Member States except Italy and Greece have
notified satisfactory measures implementing Council
Directive 90 / 387 / EEC of 28 June 1990 on the estab ­
lishment of the internal market in telecommunications
services through the implementation of open network
provision ( ONP ).

30 . 8 . 93 Official Journal of the European Communities No C 233 / 19

Two Member States ( Ireland and Italy ) which had not
transposed Commission Directive 90 / 388 / EEC of 28
June 1990 on competition in the markets for telecommu ­

nications services have now taken the requisite measures .

In connection with the Directive on competition in the
markets for telecommunications services, the Court of
Justice, by judgment given on 17 November 1992
( Joined Cases C-271 / 90, C-281 / 90 and C-289 / 90 ),
confirmed the rule established in its judgment given on

19 March 1991 ( Case C-202 / 88 ) and held that the
supervisory powers conferred on the Commission gave it
the possibility, on the basis of Article 90 ( 3 ), to specify
the obligations flowing from the Treaty, and that the
scope of those powers consequently depended on the
scope of the rules that were to be enforced .

Council Directive 91 / 263 / EEC of 29 April 1991 on the
approximation of the laws of the Member States
concerning telecommunications terminal equipment,
including mutual recognition of their conformity,
became applicable on 6 November 1992 and has been
transposed in four Member States ( Denmark, France,
Netherlands and the United Kingdom ).

Derogations from Council Decision 92 / 264 / EEC of

11 May 1992 on the introduction of a standard inter ­
national telephone access code in the Community have
been given to three Member States — the United
Kingdom ( until 16 April 1995 ), France ( 31 December

3.3 . Free movement of capital

There was substantial progress in the course of this year

in the capital liberalization process in those Member
States ( Ireland, Spain, Greece and Portugal ) which enjoy
a derogation for complete capital liberalization . In
February, Spain eliminated almost all remaining
restrictions, with the exception of the physical transfer of
funds exceeding a certain limit . Ireland relaxed
considerably, with effect from 1 February, restrictions on
the opening of bank accounts abroad by residents being
the main remaining one . In August, Portugal announced
the abolition of all restrictions except those concerning
the opening of bank accounts abroad by residents and
the physical transfer of funds . Greece extended to third
countries last year 's liberalization measures concerning
tourist expenditures and transactions in securities .

Following the currency turmoil in September, the above
Member States tightened the existing restrictions and in
some cases reintroduced, temporarily, previously
abolished ones . The measures taken in order to cope
with the currency turmoil concerned transactions of a
short-term character which were covered by the existing
derogation .

The transitional period for complete capital liberalization

­ enjoyed by the above four Member States ended on 31
national telephone access code in the Community have December 1992 . However, the capital movements
been given to three Member States — the United Directive 88 / 361 / EEC of 24 June 1988 provides for the
Kingdom ( until 16 April 1995 ), France ( 31 December possibility of an extension, until 31 December 1995 at

1996 ) and Denmark ( May 1994 ). the latest, of this time limit for Greece and Portugal .

Portugal already announced that it will not request an
extension . Greece requested a two-year extension for
part of the existing restrictions . It justified this request by
the need to support the economic stabilization
programme which is underway, and the fragile balance
of payments situation . The Council by Directive
3.2.3.2 . Progress in implementing directives applicable to tele ­ 92 / 122 / EEC of 21 December 1992 decided to grant

communications such an extension until 30 June 1994 .

1996 ) and Denmark ( May 1994 ).

communications

Directives
Member State applicable

Directives

for which

measures

have been

notified

%

Belgium 6 5 83

Denmark 6 5 83

Germany 6 4 67

Greece 6 1 17

Spain 6 3 50

France 6 6 100

Ireland 6 3 50

­ 6 3 50
Italy

Luxembourg 6 5 83

Netherlands 6 6 100

Portugal 6 5 83

United Kingdom 6 5 83

Following the above developments a regime of total
freedom of capital movements prevails, as from 1
January 1993, in all Community countries except in

Greece for the transactions and the time limit specified in
Directive 92 / 122 / EEC .

3.4 . Freedom to provide financial services, direct taxation

and company law

As the last report stated, great attention is paid to

questions arising in the application of Article 59 of the
EEC Treaty in an area like financial services, which is
highly regulated in all the Member States . The concept
of the general interest referred to by the Court in its
judgment of 4 December 1986 in Case 205 / 84 as
warranting certain restrictions on freedom to provide

No C 233 / 20 Official Journal of the European Communities 30 . 8 . 93

services prompted the Commission and the other
Community institutions to embark on a harmonization
exercise so that the principle of mutual recognition could
gain acceptance . The European passport has now been
introduced for banks and life and non-life insurance
companies . The relevant Directives ( banks : 89 / 646,
insurance : 88 / 357, 92 / 49, 90 / 619 and 92 / 96 ) facilitate
freedom to provide services here as required by Article
59 of the EEC Treaty, without in any way detracting
from the Article 's direct applicability .

Given the vital importance of entry into force of the
second banking Directive ( 89 / 646 / EEC ), the
Commission has been particularly attentive to its
transposal in the Member States . It has had contacts with
the Member States outside the usual procedures and has
organized a series of meetings with them to help them
implement the directive . Most of the Member States have
transposed the directive or are about to do so . But the
bills laid before the national parliaments had not all been
passed at the end of 1992, and in several countries there
will be some delay in putting the European passport for
banks into effect .

the main point in issue is the obligation for finance
brokers from other Member States to form a company
under Italian law ( meaning a subsidiary, in effect ),
before offering services . This does not respect the
principle of freedom of establishment, which entails the
right, among other things, to establish subsidiaries .
Moreover, the Commission considers that the Italian
Law runs counter to the very concept of cross-border
provision of services secured by Article 59 of the EEC
Treaty . Given the serious consequences for the
completion of the internal market in financial services,
the Commission rapidly issued a reasoned opinion .

The Commission approached the German authorities in
response to a large number of complaints concerning the
refusal by the German social security scheme to
contribute to payments made to private sickness
insurance schemes with organizations not subject to
supervision by the German insurance inspectorate . The
German Government then asked institutions operating
under the relevant provisions to interpret them in a
manner meeting the requirements of Article 59 of the
EEC Treaty, and this appears to have had the desired
effect .

The Court of Justice, in two judgments given on
28 January 1992 ( Cases C-204 / 90 and C-300 / 90 ), 3.4.2 . Direct taxation
acknowledged that the argument from the coherence of
tax systems might justify restrictions on freedom to
provide services ( and on free movement of migrant The Commission is glad to be able to report that the
workers ). The Commission is anxious to put flesh on the United Kingdom has responded to infringement
bones of this coherence concept and is considering the proceedings commenced following a written question by
implications of the judgment and the measures to be bringing in legislation removing the provision allowing
taken to solve the problems it generates for the internal tax relief for alimony only if the alimony was ordered by
market in insurance . a British court . The restriction was a barrier to the free

movement of persons .

In tax matters, the Commission has received many
complaints about differences in the treatment of residents
and non-residents ; the concept of residence is vital for
determining whether a person is subject to a particular
national scheme, and that in turn substantially conditions
eligibility for tax relief . Citizens residing in one Member
State but pursuing a gainful — and taxable — activity in
another Member State often find that the full benefit of
tax relief available to residents is withheld from them .
The Commission is awaiting the preliminary ruling to be
given by the Court of Justice in Case C - 112 / 91 ( Werner
v. Finanzamt Aachen ) before adopting policy guidelines
here .

3.4.1 . Financial services

Of the package of measures adopted on 23 July 1990,
consisting of Directives 90 / 434 / EEC ( mergers and
divisions ) and 90 / 435 / EEC ( parent companies and sub ­
sidiaries ) and the arbitration convention ( 90 / 436 / EEC ),
the two Directives have been transposed in most Member

States ( in the case of Directive 90 / 434 / EEC as regards
operations provided for in the national commercial law
of the different Member States ) ; the implementation date
was 1 January 1992 . But on 31 December 1992 only
Spain, France, Denmark and the United Kingdom had
ratified the Convention, which provides procedural guar ­
antees against double taxation . The considerable delay in
ratifying the Convention, as contrasted with implemen ­
tation of the directives, restricts its beneficial effects on
the internal market .

3.4.3 . Company law
Italian Law No 1 / 91 of 2 January 1991 on financial
intermediaries contains provisions which the Commission
considers incompatible with Community law, and more Following the position taken by the Commission in a
specifically with Articles 52 and 59 of the EEC Treaty ; series of cases for preliminary rulings concerning

30 . 8 . 93 Official Journal of the European Communities No C 233 / 21

compulsory increases in the capital of public limited
companies, the Court held that national legislation may
not permit increases to be made by an administrative
decision without a decision by the general meeting of
shareholders . This applies even where the increase is
made solely to secure the survival and continued
operation of a company that is of specific economic and
social importance to local society and which, being
heavily in debt, is in particularly difficult circumstances
( judgments given on 24 March 1992 in Case C-381 / 89
and 31 May 1991 in Cases C - 19 / 90 and 20 / 90 ). The
Court held that the second company law Directive
( 77 / 91 / EEC ) applies to all increases in the capital of a
public limited company except those explicitly excluded
by it . The German Government responded to a reasoned
opinion by expressing readiness to seek a solution to the
infringement situation generated by the weaknesses of
the remedies available in German law to enforce
compliance by all German companies with their obli ­
gation to register annual accounts with the companies
registrar .

3.4.4 . Progress in implementing directives applicable to
financial institutions, taxation and company law

There is a wide gap between Greece and the other Member

States ; all must be done to ensure that it does not grow wider
still .

Directives due for implementation by 1992 have almost all been
transposed ; the main delays are in the three insurance directives
and the two company law directives .

3.5 . Public procurement

3.5.1 . Commission action

As in past years, the Commission continued to scrutinize

national measures implementing directives, since most
Member States have notified measures implementing all
the directives except Directive 90 / 531 / EEC ( excluded
sectors ). The Commission addressed two reasoned
opinions to Germany, where the public works and
supplies Directives were not properly implemented .

The Commission also continued monitoring practical

application by the various public bodies involved in each
of the Member States . This year it focused on two points
— compliance with the obligation for authorities issuing

invitations to tender to publish an information notice
after each tendering procedure, and compliance by all
such bodies with their obligation to publish notices of all
operations of a value exceeding the thresholds set by the
directives .

On the first point, the outcome was a substantial increase
in the number of post-operation information notices
published in the Official Journal of the European
Communities . On the second, the feasibility study
launched by the Commission revealed that about 20 %
of issuing authorities published notices in the Official
Journal of the European Communities . In 1993, therefore,

it will launch a survey to identify all the bodies that are
under the obligation to publish notices of tenders in the

Official Journal of the European Communities .

In the management of specific cases, following the entry
into force of Directive 89 / 665 / EEC ( review procedures ),
the Commission used the procedure of Article 3 of the
Directive to obtain remedies for clear and manifest viol ­
ations of the public works and supply contracts
directives . An example was the case in which Belgium
rectified a notice of tender for the construction of a
radioactive waste dump ; improper selection criteria were
set out in the original notice .

Infringement proceedings were commenced in the
following cases :

— The use of direct contracts on grounds of urgency

that were incompatible with the concept of urgency

Directives
Member State applicable

Directives

for which

measures

have been

notified

%

Belgium 47 38 81

Denmark 47 46 98

Germany 47 38 81

Greece 47 32 68

Spain 47 38 81

France 47 45 96

Ireland 47 42 89

Italy 47 44 94

Luxembourg 47 39 83

Netherlands 47 43 91

Portugal 47 42 89

United Kingdom 47 41 87

No C 233 / 22 Official Journal of the European Communities 30 . 8 . 93

as defined in the directives . The Commission referred
a case against Italy to the Court of Justice for
awarding a contract for the construction of an
avalanche barrier direct, without issuing an invitation
to tender .

In a similar case the Commission terminated
infringement proceedings against Italy when the
Italian authorities acknowledged that, despite the
urgency, the award of contracts for ' Colombo 92 '
events by private treaty was not in conformity with
the public works Directive .

On 18 March 1992, in Case C-24 / 91, the Court of
Justice found against Spain for awarding contracts by
private treaty for extension works at the University of
Madrid .

National legislation not providing for publication of
notices : the Commission referred a case against Spain
to the Court of Justice regarding the award of
contracts for the supply of pharmaceutical products
to the social security authorities .

3.5.2 . Progress in implementing directives applicable to public

procurement

Member State Directives
applicable

Directives

for which

measures
have been

notified

° / o

Belgium 8 6 75

Denmark 8 8 100

Germany 8 5 63

Greece 7 3 43

Spain 7 4 57

France 8 7 88

Ireland 8 7 88

Italy 8 6 75

Luxembourg 8 5 63

Netherlands 8 6 75

Portugal 7 5 71
United Kingdom 8 8 100

Contracts and preferential treatment reserved for 3.6 . Progress aspects of in the implementing removal of technical directives barriers applicable (') to other
national entreprises .

Directives

for which

measures
have been

notified

By Orders made on 31 January and 12 June, the
Court ordered Italy to suspend the legal effects of a
contract for the automation of the lotto . The
contract was reserved for enterprises with majority
public holdings . By Decree dated 6 October 1992,
the Minister of Finance revoked the Decrees relating
to that contract with effect ab initio .

The Commission addressed reasoned opinions to
Greece and Italy for not properly implementing
regional preference schemes .

Failure to comply with time-limits and other
formalities .

Belgium 9 6 67

Denmark 9 8 89

Germany 9 6 67

Greece 9 7 78

Spain 9 6 67

France 9 8 89

Ireland 9 7 78

Italy 9 8 89

Luxembourg 9 7 78

Netherlands 9 7 78

Portugal 9 6 67

United Kingdom 9 7 78

Member States Directives
applicable

%

( ) Directive

83 / 189 / EEC

88 / 182 / EEC

85 / 374 / EEC

88 / 361 / EEC

89 / 104 / EEC

89 / 106 / EEC

89 / 552 / EEC

87 / 54 / EEC

Technical standards ;
Technical standards ;

Indication in the contract specifications of particular
trademarks or patents .

Directive

Directive

Directive

Directive

Directive

Directive

Directive

trademarks Indication in or the patents contract . specifications of particular Directive Directive Directive 89 88 85 / / / 104 361 374 / / / EEC EEC EEC Trademarks Capital Defective movements products ; ; ;

Directive 89 / 106 / EEC Construction plant and equipment ;
Directive 89 / 552 / EEC TV without frontiers ;
Directive 87 / 54 / EEC Legal protection of semi-conductor topo ­

The Commission continued scrutinizing projects and graphies ;
programmes financed by the Structural Funds and other Directive 91 / 250 / EEC Legal protection of computer
Community instruments . programmes .

Directive 91 / 250 / EEC Legal protection of computer

programmes .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 23

4 . REMOVAL OF TAX BARRIERS imported fruit and vegetables had given rise to objections
and has been withdrawn .

4.1 . Monitoring the application of tax rules On 12 May 1992 the Court of Justice gave judgment for
the Commission in Case C-327 / 90 concerning discrimi ­
natory taxation on cars imported into Greece ; the basis
of assessment was raised on an arbitrary basis . It also

This year the Commission 's activities in monitoring the gave judgment against Greece for extending the tax

application of Community tax law ( chiefly Article 95 of benefits that were theoretically reserved for
the EEC Treaty and VAT legislation ) were substantially non-polluting cars to cars made in Greece with older
inspired by the impending deadline of 1 January 1993 . technologies ( judgment given on 17 November 1992 in

Case C-105 / 91 ).

Decisions to commence proceedings and the pursuit of
proceedings already in motion had to take account of
the changes flowing from abolition of intra-Community
frontiers in terms both of Article 95 of the EEC Treaty
and of secondary legislation in tax matters . The
adjustment of national schemes to the new Community
rules with a view to their uniform application is bound to
take time and there will have to be closer cooperation
between the Commission and the Member States .

A reasoned opinion was addressed to the Netherlands
for imposing heavier taxes on imported beverages such as
Italian vermouth or Spanish sherry than on similar
home-produced beverages ( fruit-based wines of the same
alcoholic strength ).

4.3 . Application of Directives

4.2 . Application of Article 95 of the EEC Treaty The Commission continued to monitor the application of
the value added tax rules . Obviously, on 1 January 1993
the bulk of its activities in relation to VAT on goods

Since Article 95 of the EEC Treaty prohibits tax imported in the Schul from cases one and Member Commission State to Directives another on ( judgments tax-free
discrimination States without against referring products to imports from as such other, it will Member remain allowances Commission, for is keen example to ensure ) lost all that its the impact Member . But States the
applicable abundance Member States to of national cases will decided have tax to schemes by redefine the Court, as the is clear of way Justice in from which ; the an give breach effect might for have past put events persons to Community or firms at rules a disad whose ­

vantage, particularly where they are entitled to claim

Since Article 95 of the EEC Treaty prohibits tax in the Schul cases and Commission Directives on tax-free
discrimination States without against referring products to imports from as such other, it will Member remain allowances Commission, for is keen example to ensure ) lost all that its the impact Member . But States the
applicable abundance Member States to of national cases will decided have tax to schemes by redefine the Court, as the is clear of way Justice in from which ; the an give breach effect might for have past put events persons to Community or firms at rules a disad whose ­
these schemes apply to non-national products . The shift vantage, particularly where they are entitled to claim
in the place of the taxable event, which can no longer be repayment of amounts wrongly charged .
linked to the crossing of an intra-Community frontier,
will make it necessary for the Commission to scrutinize
the new structure of these taxes more closely . In 1991 the Commission referred to the Court of Justice
proceedings commenced in four cases relating to the
taxation of certain advertising services, which generated

repayment of amounts wrongly charged .

The Commission commenced Article 171 proceedings in
respect of the beer excise rules in Luxembourg and
Belgium, found by the Court to be contrary to Article 95
of the EEC Treaty in 1991 . But it should be noted that
these two cases should be settled with the entry into
force on 1 January 1993 of new provisions governing the
structure and rates of excise duties on alcoholic
beverages, under which taxation of the finished product
will be mandatory . The Netherlands changed its beer tax
rules in response to action by the Commission and
brought them into line with Article 95 .

Another proceeding, against Portugal, was terminated
when Portugal came into line with the Commission 's
opinion : the administrative charge for inspections of

double taxation as between Member States ( Spain,
Ireland, Luxembourg and France ). Ireland eventually
came into line with the reasoned opinion, and the
proceeding against it was terminated .

Following the reasoned opinion addressed to it in 1991
on the basis of Article 171 of the EEC Treaty for failure
to comply with a judgment of the Court of Justice, Italy
adjusted its flat-rate compensation scheme for farmers in
line with the 6th VAT Directive .

Two judgments were given by the Court of Justice in
turnover tax cases . One concerned Italy 's failure to pay
interest on late VAT reimbursements by the Italian auth ­

No C 233 / 24 Official Journal of the European Communities 30 . 8 . 93

orities to foreign taxable persons ( judgment given on
3 June 1992 in Case C-287 / 91 ). The other found against ' 4.4 . Progress in implementing
the German system for determining the travel agencies taxation
margin, the margin for travel within the Community
being independent of the scheme to which the operations
used to determine the agencies ' costs are subject
Directives
( judgment given on 27 October 1992 in Case C-74 / 91 ). Member State
applicable

Directives

for which

measures
have been

notified

4.4 . Progress in implementing directives applicable to indirect

taxation

%

Denmark abolished its employer 's contribution levied by
way of tax on persons subject to VAT following a
preliminary ruling given while the Commission 's
infringement proceeding was already before the Court .
The Court held that the contribution was of the nature
of a turnover tax levied in addition to VAT, contrary to
the 6th VAT Directive . The Commission is pursuing its
proceedings regarding the tax on wages and salaries for
non-taxable persons .

Turning to tax-free allowances for individuals, an action
against Greece was commenced in the Court of Justice
as Greece imposed obligations not provided for in the
Directive on imports of personal effects upon removal
( evidence of new residence, security to be lodged, etc .)
and imposed limits on the allowance for temporary
importation of certain means of transport .

Belgium 43 42 98

Denmark 44 44 100

Germany 43 42 98

Greece 43 42 98

Spain 43 42 98

France 44 43 98

Ireland 44 44 100

Italy 43 38 88

Luxemburg 43 43 100

Netherlands 43 43 100

Portugal 43 42 98

United Kingdom 43 42 98

5 . FREE MOVEMENT OF PERSONS AND RIGHT OF

ESTABLISHMENT

5.1 . Ban on discrimination

Infringement proceedings are in hand against several
Member States in the area covered by Regulation ( EEC )
But infringement the Commission proceedings was against able Greece to terminate for inflicting the No 1612 / 68 on the free movement of workers .
excessive penalties on a Dutch national in connection
with her import of a car ; Greece has undertaken to The Commission adressed reasoned opinions to five
compensate her . Member States ( Belgium, Greece, Spain, France, United

Kingdom ) concerning equal access to employment on
board ship . The case against the United Kingdom was
dropped when UK legislation was amended .

The Commission commenced new proceedings against
Portugal, Spain, Greece, Italy and Ireland for failure to
comply with the judgment given by the Court of Justice
on 6 July 1988 ( Case C-127 / 86 ) regarding tax-free
allowances for the temporary use of a vehicle in the
country of habitual residence by a resident of the
Member State who is employed by a firm in another
Member State, where that firm supplies a car or other
vehicle for business use and allows him to use it for
private purposes also .

The Court of Justice gave judgment against Spain for
requiring presentation of a special invoice by travellers
leaving the country who wish to obtain tax relief on
goods they carry ; the Directive provides only for a
normal invoice ( judgment given on 9 June 1992 in Case
C-96 / 91 ).

The Commission showed its concern to ensure that all

Community nationals enjoy equal access to social
security benefits by continuing its proceedings against
Belgium, Luxembourg, Greece and France . The
Luxembourg and Belgian cases are before the Court of
Justice . The French case has been terminated and the

Greek case will be shortly .

Proceedings are in motion against certain Member States
on the basis of Regulation ( EEC ) No 1612 / 68 as inter ­
preted by the Court of Justice in its judgment given on

8 May 1990 ( Case C - 175 / 89 Biehl ) as regards equal
treatment in relation to tax benefits for Community
workers and in particular the discriminatory aspects of
national legislation governing final assessment to income
tax for non-resident workers . The Commission
addressed reasoned opinions to France, Luxembourg and
Germany .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 25

Spain continues to discriminate between its own
nationals and nationals of other Member States as
regards museum admission charges . The Commission
considers that this discrimination is contrary to Articles
7, 48 and 59 of the EEC Treaty, and referred the matter
to the Court of Justice in 1987 ( Case C-352 / 87 ). Since

1989 Spain has been stating that it will provide for equal
treatment for all Community nationals . The Spanish
authorities have notified the Commission of a draft
Decree amending their legislation accordingly .

The infringement proceedings against Germany
concerning discriminatory provisions that disregard
children and other members of a worker 's family who
reside outside Germany for purposes of calculating tax
relief for dependants have not progressed beyond the
reasoned opinion stage .

5.2 . Entry and residence

On 7 July 1992 the Court of Justice annulled Directive
90 / 366 / EEC of 28 June 1990 on the right of residence
for students in an action brought by Parliament . But the
Member States are still required to comply with the
Directive since the Court upheld its effect pending
adoption by the Council of a new directive on a proper
legal basis .

5.3 . Trade union rights

In a judgment given on 4 July 1991 ( Case C-213 / 90 ),
the Court of Justice held that Luxembourg legislation
denying elections Community for workers ' workers representative the bodies right to was vote contrary at
to Regulation ( EEC ) No 1612 / 68 .

Since the judgment is silent on the question of
Community workers ' rights to stand for election, the
Commission is pursuing the infringement proceedings on
this ground and has taken the case to the Court of
Justice for a declaration that they have that right

( referral on 13 April 1992, Case C-l 18 / 92 ).

5.4 . Access to employment in the public service

In 1992, the Commission issued several reasoned
opinions in these cases . For education they went to
Belgium, Germany, Spain, Greece, Italy and
Luxembourg ; for civilian research to Spain, Greece, Italy
and Luxembourg ; for public health services to Belgium,
Germany, Spain, Greece, Italy and Luxembourg ; for
management of commercial services to Belgium (4 cases ),
Germany (4 cases ), Spain (3 cases ), France (1 case ),
Greece (4 cases ), Italy (5 cases ) and Luxembourg (3
cases ). A reasoned opinion was addressed to Italy
regarding employment in public bodies generally . Given
the importance and complexity of the matter the
Commission gave the Member States an exceptional
deadline of four months to respond to the reasoned
opinions .

The current position is that all the Member States have
reacted favorably to the Commission 's approach . There
are no fundamental objections to opening up public ­
sector employment to Community nationals, though the
degree of difficulty in implementing it differs from one
Member State to another .

In some Member States, for example France, Denmark
and Portugal, changes made to legislation and regu ­
lations are satisfactory and several cases ( about fifteen in
fact ) have been terminated . In others ( for example
Germany, Spain, Italy and Belgium ), the legislative
procedure is lengthy and complex and has not been
completed .

5.5 . Recognition of qualifications

In 1992 the Commission received about forty complaints
about restrictions contrary to Articles 52 and 59 of the
EEC Treaty and to the directives to facilitate mutual
recognition of vocational qualifications . Some of them
generated infringement proceedings, but others were
terminated without action as being unfounded .

On 25 July 1990 the Commission decided to commence
Article 169 infringement proceedings against all the
Member States whose law is incompatible with
Community obligations in the four priority areas of
public education, civilian research, operational public
health services and public bodies managing commercial
services ('). Article 169 letters were sent in 1991 .

The Court of Justice gave judgment in several cases

concerning restrictions contrary to Articles 52 and 59 of
the EEC Treaty . Among the cases decided by the Court
regarding violations by the Member States of Articles 52
and 59 of the EEC Treaty, Case C-351 / 90 Commission
v. Luxembourg, the ' double-surgery ' case, is of particular

services ('). Article 169 letters were sent in 1991 . interest in that it follows on from Cases C-l 07 / 83 Klopp

and C-96 / 85 Commission v. France . The Court held that
Luxembourg had failed to comply with its obligations
under Articles 48 and 52 by imposing the single-surgery
(') OJ No C 72, 18 . 3 . 1988 . rule for doctors, dentists and veterinary surgeons,

No C 233 / 26 Official Journal of the European Communities 30 . 8 . 93

without providing that practitioners established or
employed in another Member State could establish a
surgery or take up employment in Luxembourg while
preserving their surgeries or employment in that other
Member State . The rule was incompatible with the
Treaty since it imposed restrictions that were liable to
discriminate against practitioners established in other
Member States or barriers to entry that were not
warranted by consideration of general obligations
required for the sound exercise of the relevant
professions .

country simply because the legislation of the host
State treats him as a non-Community national . While
by virtue of international law it is for each Member
State to determine the conditions for acquisition of
nationality, the Member States must do so in
compliance with Community law .

—
Case C-370 / 91 Singh, concerning the right of
residence of the spouse of a Community national
returning to his country of origin after having resided
and worked in an employed capacity within the

The Court gave a number of preliminary rulings inter ­ Member meaning State of Article . The 48 Court of the held EEC that Treaty Article in 52 another of the
preting Articles 52 and 59 of the EEC Treaty and the EEC Treaty and Directive 73 / 148 / EEC require the
directives adopted on the basis of Articles 49, 57 and 66 . Member State of origin to authorize the spouse 's
The following were noteworthy : entry and residence regardless of his or her

nationality . The spouse must enjoy at least the same
rights as would be conferred on him or her by
Community law if his or her spouse entered or
resided in another Member State .

— Case C - 104 / 91 Newman ( estate agents ), which
follows on from Case C-222 / 86 Heylens and Case
C-340 / 89 Vlassopoulou relating to the conditions for
the exercise of a profession by a national of a
Member State of origin State who, does, while not meet entitled all the to exercise requirements it in his of — Case Article C 52  - 106 of / 91 the Ramrath EEC Treaty, where precludes the Court a held Member that
the host Member State . In the absence of a mutual

State from banning a person from establishing

recognition Directive applicable to the relevant himself in order to exercise the profession of auditor
what profession extent, the the host practitioner Member 's knowledge State must and verify qualifi to ­ qualified on the sole in ground the capacity that he in is another already Member established State and .
cations as attested by the diplomas acquired in his But the Court held also that Articles 48 and 59 of the
State of origin correspond to those required in the EEC Treaty do not prevent a Member State from
host country but may require him to undergo a making the exercise of that profession in its territory
supplementary examination if there is only partial by a person already qualified to do so in another
correspondence .

The Court gave a number of preliminary rulings inter ­
preting Articles 52 and 59 of the EEC Treaty and the
directives adopted on the basis of Articles 49, 57 and 66 .
The following were noteworthy :

— Case C - 106 / 91 Ramrath, where the Court held that

The interest of this judgment also lies in the points
made regarding the powers of the host country to
penalize the unlawful exercise of a regulated
profession by a national of another Member State .
Where the case arises, the host State is entitled to
impose criminal penalties, provided the requirements
of Community law set out above have been fully
respected .

— The judgment given in Case C-369 / 90 Micheletti,

concerning the application of Community law to
freedom of establishment in the event of dual
nationality . The Court held that provisions of
Community law relating to freedom of establishment
prevent Member States from withhholding that
freedom from a national of another Member State
who also has the nationality of a non-member

The two judgments given in the ' Fachhochschulen '
cases ( C-3 10 / 90 Egle and C - 166 / 91 Bauer, where
the Court ruled in favour of mutual recognition of
qualifications conferred by Fachhochschulen in the
context of Council Directive 85 / 384 / EEC
( architects ), interpreting Articles 4 and 11 of the
Directive as meaning that training given in the Fach ­
hochschulen, where semesters of on-the-job
experience are treated as an integral part of the
course, must be regarded as full-time studies of a
duration of at least four years .

Article 52 of the EEC Treaty precludes a Member

State from banning a person from establishing
himself in order to exercise the profession of auditor
on the sole ground that he is already established and
qualified in the capacity in another Member State .
But the Court held also that Articles 48 and 59 of the
EEC Treaty do not prevent a Member State from
making the exercise of that profession in its territory
by a person already qualified to do so in another
Member State subject to conditions that are objec ­
tively necessary to ensure compliance with
professional rules concerning the availability of
permanent infrastructure for the performance of the
work, actual presence in the Member State and
checks on observance of ethical standards, unless
compliance is ensured by the presence of another
auditor ( individual or corporate ) established and
registered in the country, to whom the auditor is
subordinated for the duration of the audit .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 27

— The judgments in Cases C-330 / 90 and C-331 / 90 ( 28 5.5.1 . Established infringements

January 1992 ) and C-147 / 91 ( 25 June 1992 ),
concerning persons established in Spain as estate
agents but not possessing the requisite vocational
qualifications and licences . Here the Court inter ­
preted Directive 67 / 43 / EEC as meaning that there
was no objection to national rules reserving the right
to exercise certain activities in the real estate business
for persons practising the regulated profession of

estate agent .

A variety of proceedings are in motion in respect of

infringements of Articles 52 and 59 of the EEC Treaty,
many of them are at the reasoned opinion stage . Note ­
worthy ( equivalence among of them opticians are the ' qualifications proceedings ), where against the France regu ­

lations have now been brought into line with Community
law .

—
Following the judgments concerning freedom to

A number of cases have been terminated, notably the

case concerning the incompatibility of French legislation
with the lawyers Directive . France has complied with the
judgment given on 10 July 1991 by a new decree
concerning the profession of advocate, amending
provisions requiring nationals of other Member States to
work with local practitioners to a greater extent than

provide services for tourist guides ( C - 180 / 89 cases
Commission v. Italy, C - 198 / 89 Commission v. case concerning the incompatibility of
Greece, C - 154 / 89 Commission v. France ), with the lawyers Directive . France has
infringement proceedings were continued against judgment given on 10 July 1991
Spain, whose legislation subordinates the provision of concerning the profession of
these services by all professionally concerned, provisions requiring nationals of other
including guides who accompany groups of tourists work with local practitioners to a
from another Member State throughout their allowed by the Directive .
journey, to possession of specific qualifications
acquired and approved in Spain . The case was
referred to the Court on 1 October 1992 ( Case
C-375 / 92 ). 5.5.2 . National implementing measures

allowed by the Directive .

The following Article 171 proceedings for failure to

comply with a judgment of the Court of Justice are
particularly significant :

— The judgment given in Case C-147 / 86 Commission v

Certain Member States have responded to proceedings
for failure to notify measures by taking the requisite
measures . Greece is an example ( directives on transport
auxiliaries / transitional measures ), as are Spain ( services
in the petroleum and natural gas industries / transitional
measures : freedom of establishment ), Luxembourg and
Italy ( directive on the first general system ) and Ireland
( nurses responsible for general care ). But other Member
States have not notified implementing measures .
Proceedings have consequently been pursued against
Greece, Belgium and the Netherlands for failure to
transpose Directive 89 / 48 / EEC ( first general system ).
The deadline for transposing this Directive was 4
January 1991 .

Greece found that Greece had infringed Articles 48, ( nurses responsible for general care ). But other Member
52 and 59 of the EEC Treaty by prohibiting nationals States have not notified implementing measures .
of other Member States from setting up ' Frontistiria ' Proceedings have consequently been pursued against
and private music and dance schools, from teaching Greece, Belgium and the Netherlands for failure to
at the pupil 's home and from exercising managerial transpose Directive 89 / 48 / EEC ( first general system ).
and teaching functions in schools . Having failed to The deadline for transposing this Directive was 4
comply, Greece had a second judgment given against January 1991 .
it on 30 January 1992 ( Case C-328 / 90 ). But even
after losing two cases, Greece has still not adjusted
its regulations in line with Community law . This is a
particuliarly serious case . 5.5.3 . Incorrect transposal and incorrect application of

— In Case C-58 / 90 judgment was given on 25 July

1991 against Italy for failure to comply with Articles
48, 52 and 59 of the EEC Treaty by maintaining in
force provisions whereby only Italian nationals may
obtain recognition in Italy of non-Italian qualifi ­
cations conferring eligibility for medical auxiliary
occupations . Italy has since then taken measures to
comply ; they are currently under scrutiny .

— In the cases concerning freedom to provide services

as tourist guides in Italy, France and Greece, none of
the three Member States has yet complied with the
judgment given on 26 February 1991 .

directives

Proceedings were commenced against certain Member
States for incorrect transposal or incorrect application of
directives . One example was the coordination of phar ­
macists ' training under Directive 85 / 432 / EEC in Italy
( Directive not fully transposed ; reasoned opinion sent in

1992 ). As Belgium has not yet fully complied with the
judgment given against it on 16 May 1991 for not
properly implementing the same directive as regards the
training programme introduced, the Commission
commenced proceedings under Article 171 ( letter sent in

1992 ). Still under the pharmacists directives, there is a
further case against Germany where, contrary to the
cases decided by the Court of Justice ( Case 107 / 83

No C 233 / 28 Official Journal of the European Communities 30 . 8 . 93

Klopp ; Case 96 / 85 Commission v. France ), the law
transposing Directives 85 / 432 / EEC and 85 / 433 / EEC
banned the double establishment practice ( reasoned
opinion sent in 1992 ).

5.6 . Progress in implementing directives applicable to residence

and weapons (')

Directives

for which

measures
have been

notified

%

Another interesting case concerns access to the
profession of dentist in Italy ( exercise of dentistry under
the professional title of dentist contrary to the dentists
directives — reasoned opinion in 1991 ) and in Germany
( conditions not provided for in the directives for regis ­
tration of dentists holding non-German qualifications
that meet the directives ' requirements, and entry in the
books of the social security authorities reasoned opinion
in 1992 ). The Commission continued proceedings against
Spain, which allows the establishment of dentists whose
training in Spanish-speaking American countries falls
manifestly short of the directives ' requirements ( reasoned
opinion in 1992 ).

Member State Directives
applicable

Belgium 5 3 60

directives ( conditions — not reasoned provided opinion for in in the 1991 directives ) and in for Germany regis ­ Denmark 5 4 80
tration of dentists holding non-German qualifications Germany 5 1 20
that meet the directives ' requirements, and entry in the Greece 5 4 80
books of the social security authorities reasoned opinion Spain 5 4 80
training in Spain 1992, which ). in The Spanish-speaking allows Commission the establishment continued American proceedings of countries dentists against whose falls Ireland France 5 5 2 1 20 40
manifestly short of the directives ' requirements ( reasoned Italy 5 5 100
opinion in 1992 ). Luxembourg 5 1 20

Netherlands 5 5 100

Portugal 5 1 20

United Kingdom 5 2 40
Turning to the doctors directives, the Commission is
continuing the infringement proceedings against Spain ( ) Directive 73 / 148 / EEC — Movement and residence ;
( absence of remuneration during specialist training — Directive 90 / 364 / EEC — Right of residence ;
reasoned opinion in 1992 ). Directive 90 / 365 / EEC of residence retired

( ) Directive 73 / 148 / EEC — Movement and residence ;

Directive 90 / 364 / EEC — Right of residence ;
Directive 90 / 365 / EEC — Right of residence ( retired persons );
Directive 90 / 366 / EEC — Right of residence ( students );
Directive 91 / 477 / EEC — Weapons .

The Commission has been pursuing the proceedings
against Spain since the Spanish legislation implementing
the architects directives confines the scope of activities of
architects whose qualifications are recognized in Spain to
what is allowed in the country of origin and limits the
period during which services may be supplied in Spain
( reasoned opinion in 1992 ). 6 . CONSUMER POLICY AND PRODUCT SAFETY

6.1 . Commission action

5.5.4 . Progress in implementing directives applicable to recog ­

nition of qualifications and right of establishment

Member State Directives
applicable

Directives

for which

measures
have been

notified

%

The situation as regards consumer policy has continued
to improve as Member States have endeavoured to
improve their rate of transposal and their compliance
with Community law . Italy has made a particular effort
to make up lost ground . Spain, on the other hand, still
has much to do .

A sector-by-sector analysis indicates that the situation is
still unsatisfactory as regards cosmetic products and
consumer credit, both of which are particularly sensitive

areas .

Directive 88 / 378 / EEC on toy safety has now been
transposed by all Member States . In 1991 proceedings
for non-compliance were continued against Greece ( with
the sending of a reasoned opinion ) but the situation has
now been rectified . Generally speaking, the new

Belgium 44 38 86

Denmark 44 44 100

Germany 44 44 100

Greece 44 40 91

Spain 44 41 93

France 44 44 100

Ireland 44 44 100

Italy 44 42 95

Luxembourg 44 42 95
Netherlands 44 43 98

Portugal 44 42 95
United Kingdom 44 42 95

30 . 8 . 93 Official Journal of the European Communities No C 233 / 29

approach has proved successful and the approved certifi ­
cation bodies are now working effectively .

The situation remains less than satisfactory, however, as

regards the transposal of Directive 76 / 768 / EEC on
cosmetic products, despite the fact that this Directive has
been in force for some time and has been regularly
amended to take account of technical progress . Only
Italy has brought its national rules into line ( proceedings
were closed in 1992, a reasoned opinion having been

sent in 1990 ). In 1992 reasoned opinions were sent to
Spain and Portugal, whose national legislation is still at
odds with the Directive .

The Commission welcomes the fact that all Member

States have now transposed Directive 84 / 450 / EEC on
misleading advertising .

But its satisfaction is somewhat diminished by the
complaints which it continues to receive concerning the
difficulties of applying Community rules in cross-frontier
situations . It is making a careful assessment of these
difficulties so as to find the best solutions .

France having failed to amend its legislation, the matter 6.2 . Progress in implementing
has been referred to the Court of Justice ( Case policy and product safety
C-246 / 91 ), which has censured Greece for a similar
failure ( judgment of 18 March 1992 in Case C-29 / 90 ).
Now that the Greek legislation has been amended, the
new laws are being scrutinized by the Commission . Member State

6.2 . Progress in implementing directives applicable to consumer

Directives
Member State applicable

Directives

for which

measures

have been

notified

%

Consumer protection has been substantially improved
now that Ireland, Italy and the Netherlands have
transposed Directives 88 / 314 / EEC and 88 / 315 / EEC on
the indication of prices for foodstuffs and non-food
products . But Spain was sent a reasoned opinion
concerning each of these Directives in 1992 .

As regards commercial practices, consumer credit again
gives cause for concern . The deadline for transposal of
Directive 87 / 102 / EEC was three years ago and the
amendments contained in Directive 90 / 8 8 / EEC were to
be transposed by 31 December 1992 . In 1992 reasoned
opinions were sent to Spain, Ireland and Luxembourg,
which have still notified no implementing measures .

Belgium 42 39 93

Denmark 42 41 98

Germany 42 41 98

Greece 42 40 95

Spain 42 36 86

France 42 40 95

Ireland 42 39 93

Italy 42 41 98

Luxembourg 42 38 90

Netherlands 42 40 95

Portugal 42 38 90

United Kingdom 42 41 98

C. COMPETITION

1 . PUBLIC UNDERTAKINGS introduced temporary arrangements which no longer
restrict the free movement of telephone receivers . In
several Member States, however, there is still a definition
problem with regard to X.25 terminals and this matter is
now being examined by experts from the Commission
Under Article 90(3 ) of the EEC Treaty the Commission and the Member States .
has a special responsibility for monitoring the measures
adopted by Member States in respect of public under ­
takings . Two directives adopted by the Commission
pursuant to this Article relate to telecommunications .

Directive 88 / 301 / EEC of 16 May 1988 on competition
in the markets in telecommunications terminal equipment
has been implemented by all Member States . Belgium has

Directive 90 / 388 / EEC of 28 June 1990 on competition
in the markets for telecommunications services has been
implemented by all Member States except Greece . The
Commission has continued its dialogue with other
Member States to ensure that the definitions used in
national law, which differ from those given in the

No C 233 / 30 Official Journal of the European Communities 30 . 8 . 93

Directive in question, do not result in a lesser degree of
competition than that intended by the Directive, in
particular as regards the shared use of rented lines and
the supply of services via such lines to restricted groups
of users .

Under this Directive, Member States intending to lay
down specifications for the supply of data transmission
services were to notify the Commission of their plans by
30 June 1992 . Belgium, France, Spain and Denmark have
done so and their plans have been examined by the
Commission, which approved the French plans on
24 November 1992 .

Lastly, mention should be made of the Court 's judgment
of 12 February 1992 in the action brought by the
Netherlands, the Koninklijke PTT Nederland NV and
the PTT Post BV for the annulment of Commission
Decision 90 / 16 / EEC concerning the provision of express
delivery services in the Netherlands ( Cases C-48 / 90 and
the C-66 applicants / 90 ). The ' plea Court that annulled the Commission the Decision had, accepting infringed
their right to a fair hearing on all the issues concerned
before adopting it . The Commission has accordingly
taken steps to ensure that the rights of the defence are
respected in future . The Court acknowledged, however,
that the Commission was empowered to adopt decisions
under Article 90 ( 3 ) to ensure that measures enacted or
maintained in force by Member States in respect of
undertakings to which they have granted special or
exclusive rights within the meaning of Article 90 ( 1 ) are
compatible with the Treaty .

respect of dock work at Italian ports and requiring port
undertakings to have dock work carried out only by
companies whose workforce consists entirely of Italian
nationals . The Commission is now examining whether
the other provisions of the Decree-Law are compatible
with the EEC Treaty .

Three Member States contested the Directive before the
Court of Justice, without calling for its suspension . On

17 November 1992 the Court confirmed the abolition of under Article 90 ( 3 ) to ensure that measures enacted or
exclusive rights in the market for telecommunications maintained in force by Member States in respect of
services but annulled those provisions of the Directive undertakings to which they have granted special or
which dealt with the granting of special rights and the exclusive rights within the meaning of Article 90 ( 1 ) are
re-negotiation of long-term contracts binding the users compatible with the Treaty .
of liberalized services to the former monopolies . The
Commission is considering what measures should be
taken as a result of this annulment, which does not
substantially affect the Directive ( cf . judgment of
19 March 1991 in Case C-202 / 88 concerning Directive
88 / 301 / EEC ).
Directive 90 / 684 / EEC on aid to shipbuilding, adopted
under Article 92 ( 3 ) ( d ) of the EEC Treaty, determines
the forms of aid authorized for the industry and the
manner in which they may be granted . Although they are
not required to transpose the Directive, Member States
planning to grant forms of aid covered by it must notify

On 21 October 1992 the Commission adopted a report the Commission in advance of the schemes they intend
on the situation in the Community telecommunications to introduce, since they must be within the four corners
sector pursuant to Directives 90 / 387 / EEC and of the Directive . No infringements were detected in

On 21 October 1992 the Commission adopted a report the Commission in advance of the schemes
on the situation in the Community telecommunications to introduce, since they must be within the
sector pursuant to Directives 90 / 387 / EEC and of the Directive . No infringements were
90 / 388 / EEC ( SEC(92 ) 1048 final ), which is now going 1992 .
through the consultation procedure . It argues that the
most appropriate of the options available would be a
revision of Directive 90 / 388 / EEC to include intra ­
Community voice telephony among the services which
must be opened to competition . No specific measures
will be planned by the Commission, however, until all
the parties concerned have been consulted . 2 . COMMERCIAL MONOPOLIES

1992 .

In its judgment of 10 December 1991 in Case C - 179 / 90
Porto di Genova, the Court of Justice found that Italian
legislation granting exclusive rights to carry out dock
work was contrary to Article 90 ( 1 ) of the EEC Treaty,
as read with Articles 86, 59, 30 and 48 . The Italian
Government has since taken measures to bring its legis ­
lation into line with Community law . A Decree-Law has
repealed the provisions establishing a monopoly in

The transitional period for the adjustment of the
Portuguese monopoly in ethyl alcohol and wine spirits
for use in the manufacture of port came to an end on
31 December 1992, as stipulated in the Act of Accession .
From that date onwards Portugal must ensure that there
is no discrimination between nationals of Member States
where the supply and sale of the said products are
concerned .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 31

On 10 December 1990, that is, before the end of the
transitional period, the Commission applied to the Court 3 . Progress in implementing directives applicable to competition
for a declaration that, by not phasing out the said
monopoly from 1 January 1986 onwards, Portugal had Directives
failed ( Case to C-361 meet / its 90 ); obligations the same monopoly under the was Act subsequently of Accession Member State Directives applicable have for measures which been %
referred to the Court for a preliminary ruling by notified
Portugal 's Supremo Tribunal Administrativo ( Case
C-76 / 91 ). Belgium 3 3 100

Directives
Member State applicable

Directives

for which

measures

have been

%

notified

Belgium

Denmark

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

3 3 100

With a view to completing the internal market in energy,
the Commission continued the infringement proceedings
initiated in 1991 against several Member States whose
national laws still granted exclusive rights to import and
export electricity and / or gas . In 1992 it sent reasoned
opinions to six Member States ( Denmark, Spain, France,
Ireland, Italy and The Netherlands ). The proceedings
initiated against Belgium, Greece and the United
Kingdom were terminated in 1992 .

Germany

Greece

Spain

France

Ireland

Italy
Luxembourg

Netherlands

Portugal
United Kingdom

D. EMPLOYMENT AND SOCIAL POLICY

1 . EQUAL TREATMENT period for collective agreements to be brought into line
with the Community rules and the amendments notified

are still unsatisfactory . The Article 171 proceedings
commenced in 1990 are accordingly being pursued .
The Court of Justice 's ruling is still pending in the action
brought by the Commission against Belgium for
infringement of Directive 76 / 207 / EEC on equal The Commission is now considering whether to continue
treatment for men and women as regards access to with the infringement proceedings initiated against
employment . The Commission claims that there is Ireland for unsatisfactory transposal of Directive
discrimination against women under the occupational 79 / 7 / EEC on the progressive implementation of the
schemes for supplementary redundancy payments . of treatment for and in

on The Commission is now considering whether to continue
treatment for men and women as regards access to with the infringement proceedings initiated against
employment . The Commission claims that there is Ireland for unsatisfactory transposal of Directive
discrimination against women under the occupational 79 / 7 / EEC on the progressive implementation of the
schemes for supplementary redundancy payments . principle of equal treatment for men and women in

matters of social security, since Ireland has now adopted
complex legislation on this subject which will require
careful scrutiny .
Article 171 proceedings were initiated against France,
which had already been censured by the Court on 30
June and again on 25 October 1988 for incomplete

transposal of Directive 76 / 207 / EEC Pending clarification in the light of the judgment in Case
C-262 / 88 Barber [ 1990 ] ECR 1-1889, the Commission
has suspended the infringement proceedings initiated
against six Member States ( Belgium, Denmark, Greece,

The first case concerned the system of separate Italy, Luxembourg and the Netherlands ) for failure to
recruitment based on sex for appointments in various notify national implementing measures . These countries
sectors of the civil service . Proceedings were closed in have genuine problems with the transposal of Directive

86 / 378 / EEC on equal treatment of men and women in

1992 following notification of amendments to the

occupational social security schemes .

The first case concerned the system of separate
recruitment based on sex for appointments in various
sectors of the civil service . Proceedings were closed in

1992 following notification of amendments to the
relevant legislation .

The second related to the retention of customs, clauses

of employment contracts and collective agreements ;
France amended its legislation following the Court 's
ruling . The new law, however, still allows a two-year

Lastly, the Commission decided to close the proceedings
against the Netherlands and Portugal for failure to
notify national measures implementing Directive
86 / 61 3 / EEC on equal treatment for self-employed men
and women .

No C 233 / 32 Official Journal of the European Communities 30 . 8 . 93

2 . ANTI-CANCER CAMPAIGN retirement benefits or any other benefits taking the place
of a statutory old-age, retirement, service or survivor 's
Ireland and Spain have notified national measures for pension for Community nationals residing in another
labelling the implementation of tobacco of products Directive . The 89 proceedings / 622 / EEC initiated on the to Member sickness State benefits under . whose legislation they were entitled
against these Member States were therefore closed in

1992 .

In the case of Directive 92 / 41 / EEC ( prohibition on
tobacco for oral use ), which should have been transposed
by 1 July 1990, only Luxembourg has notified
implementing measures ; letters of formal notice have
been sent to the other Member States .

As regards Directive 90 / 239 / EEC concerning the
maximum tar yield of cigarettes, Greece and the United
Kingdom have notified national implementing measures
and the infringement proceedings initiated against them
were therefore closed in 1992 . The Netherlands, on the
other hand, have failed to transpose the Directive as
required and infringement proceedings are continuing .

On 1 October 1992 the Court, giving judgment in
that Case the C-20 institution 1 / 91 Grisvard of the and Member Kreiz v. State ASSEDIC of residence, held
which is responsible for paying unemployment benefits to
wholly unemployed persons may not apply to the
remuneration on which the calculation of those benefits
is based the ceilings in force in the Member State of
employment . It added that the last remuneration received
in the Member State of employment was to be converted
at the official rate of exchange on the date of payment .
In response to infringement proceedings concerning this
same problem ( reasoned opinion in 1992 ), France
notified the Commission that it would take the necessary
steps to comply with this ruling .

3 . SOCIAL SECURITY FOR MIGRANT WORKERS 4 . WORKING CONDITIONS

The proceedings initiated against Belgium and Italy for
prohibiting the export of disability benefits and the
' social pension ' respectively were terminated, following
an agreement reached within the Administrative
Commission on Social Security for Migrant Workers .

A reasoned opinion was sent to France for its refusal to
totalize insurance periods in cases where unemployed
persons had their benefits sent abroad .

Proceedings are still under way against Germany for the
exclusion of migrant workers from other Member States
from the benefits of the bilateral Swiss-German
agreement on unemployment insurance . And proceedings
are continuing against Belgium for incorrect application
of the Court of Justice 's rulings on the calculation of
pensions .

The proceedings against France concerning the grant
and export of additional benefits from the national soli ­
darity fund were closed, following an agreement reached
within the Administrative Commission on Social Security
for Migrant Workers .

By its judgment of 6 February 1992 in Case C-253 / 90
the Court of Justice rejected the Commission 's
application for a declaration that Belgium had failed to
meet its obligations under Community law by deducting
sickness insurance contributions from supplementary

worker representation in British firms depends on a
decision by the employer to recognize representatives .
This is the major point in dispute between the
Commission and the United Kingdom as regards the
transposal of Directives 75 / 129 / EEC on collective
redundancies and 77 / 129 / EEC on maintenance of
workers ' rights in the event of transfers of undertakings .
The issue is rendered more complicated by British
traditions of collective bargaining ; the United Kingdom
Government is encountering enormous difficulties in
resolving the problem along Community lines . For these
reasons the Commission referred the matter to the Court
of Justice on 21 October 1992 ( Cases C-382 / 92 and
C-383 / 92 ).

Following the Court 's ruling against Greece in Case
C-53 / 88 for failure to comply with Directive
80 / 987 / EEC on the protection of workers in the event
of their employer s insolvency, the Commission resumed
contacts with the Greek authorities with a view to the
implementation of this judgment . So far, however, there
has been no satisfactory outcome .

On the other hand, the Commission has closed the
infringement proceedings against Italy for incorrect
transposal of Directive 80 / 987 / EEC, following
amendments to the Italian legislation .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 33

5 . HEALTH AND SAFETY AT WORK

In 1992 Luxembourg became the last Member State to
notify national measures implementing Directive
88 / 364 / EEC on the banning of certain specific agents
and / or certain activities .

As regards Directive 86 / 188 / EEC, which is designed to
protect workers against noise, infringement proceedings

against Belgium, the Netherlands and Portugal were
closed following the notification of national
implementing measures . Only the proceedings against
Luxembourg are still continuing ( reasoned opinion in

1992 ).

The infringement procedures against Denmark, Spain,

France, Italy and Luxembourg for failure to transpose
Directive 88 / 35 / EEC on approximation of the laws of
the Member States concerning electrical equipment for
use in mines susceptible to fire damp have now been
terminated following the notification of national
implementing measures . The Directive has now been
transposed by all Member States .

On the other hand, Belgium, Greece, Italy and
Luxembourg have still not notified national measures to
implement Directive 91 / 269 / EEC which also relates to
electrical equipment for use in mines susceptible to fire
damp and should have been transposed by 1 July 1992 .

Lastly, the Commission decided to close the infringement
proceedings against Belgium, France, Greece, Ireland
and Portugal for non-compliance with Directive
88 / 642 / EEC on the protection of workers against
chemical, physical and biological agents .

6 . Progress in implementing directives applicable to employment

and social policy

Directives

for which

Member State Directives applicable have measures been %

notified

70

91

68

70

70

82

91

64

61

70

73

97

23

30

23

23

23

27

30

21

20

23

24

32

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal
United Kingdom

33

33

34

33

33

33

33

33

33

33

33

33

E. AGRICULTURE AND FISHERIES

1 . AGRICULTURE AND RURAL DEVELOPMENT

1.1 . Agricultural legislation

Whilst working towards the removal of technical barriers
to the free movement of agricultural products ( see
B.2.2 .), the Commission has also endeavoured to ensure
that the other provisions of the Community 's agricultural
legislation are genuinely and properly applied .

In 1992 the Commission, which is responsible for moni ­
toring the application of specific market-organization
mechanisms, won the last of the actions brought against
Greece for non-compliance with the rules of the market
organization for cereals . This brought to an end a series
of court actions in this area .

For several years the Commission has been endeavouring
to eliminate the irregularities in the management of this
market which have arisen from government intervention
through KYDEP ( described as a form of cooperative

organization ), with the result that, in the case of
products such as feed grain, what might be called a
national market organization has continued to operate
since Greek accession .

The Commission succeeded in collecting sufficient
evidence to convince the Court that the Greek
Government had instructed KYDEP to buy poor-quality
durum wheat which failed to meet intervention standards
( judgment of 29 November 1989 in Case C-281 / 87
Commission v. Greece ), that feed grain had been bought
in at prices higher than the market price, and that
KYDEP had sold this grain at a loss to stockfarmerfc, the
loss being covered by the State ( judgment Q f 12 July

1990 in Case C-35 / 88 Commission v. Greece ).

In 1991 the Court of Justice again supported the
Commission by ruling against the export ban imposed on
private traders at KYDEP 's request in autumn 1985

( judgment of 30 May 1991 in Case 110 / 89 Commission
v. Greece ).

No C 233 / 34 Official Journal of the European Communities 30 . 8 . 93

Lastly, in 1992 the Court ruled against the system of
Government ' programme contracts ' to encourage exports
at set prices of pasta products, flour and meal made from
cereals receiving a hidden subsidy from the State ( Case
C-61 / 90 Commission v. Greece ).

The Greek authorities have now fulfilled their obli ­
gations as regards the recognition of olive-oil producers '
organizations by withdrawing the privileges granted
solely to cooperatives .

cultural produce and citrus fruit . In the face of sharp
criticisms from the Italian Parliament, however, the
Government has suspended the effects of this decree and
has drawn up a bill which takes account of the new
Regulation ( EEC ) No 251 / 92 .

Whilst monitoring the operation of the market organiz ­
ations, the Commission has also made a point of pros ­
ecuting those infringements which could affect the
control exercised over EAGGF expenditure .

The Commission initiated proceedings against certain
The Commission also endeavoured to put an end to Member States, Belgium in particular, for their failure to
certain in the United abuses Kingdom perpetrated . The by the UK Milk authorities Marketing have Boards failed carry and health out proper status of inspections intervention of the beef storage . conditions
to ensure that the MMBs do not overstep the exclusive
purchasing rights conferred by the Community rules . In
particular the United Kingdom has done nothing to
prevent the MMBs from restricting the options available The Commission 's position on this matter received
under the Community rules, which allow producers to support from the Court of Justice, which ruled on 2
process their milk and market the by-products ( e . g . October 1991 ( in Case C-l 13 / 90 Gebroeders Schulte
skimmed milk ) independently of the Boards . and H & F Reinert v. Dienst voor

This matter has been referred to the Court of Justice

Incidentally ( Case C-40, the / 92 Commission Commission 's criticism v. United of the Kingdom MMBs ). '
abuse of the derogations allowed by the Community
rules has led the UK authorities to propose various
substantial changes in the way the Boards operate,
including their replacement by a cooperative .

The most recent of thesfc proposals, the Agriculture Bill
of 12 November 1992, is now being scrutinized by the
Commission with special reference to the rights of
producers who do not wish to become part of the new

structure .

In this context the Commission must single out for
special criticism Italy 's persistent refusal to comply with
the Court 's ruling of 12 February 1987 in Case C-69 / 86,
in which the Court censured Italy under Article 171 of
the EEC Treaty for failure to comply with the judgment
given against it on 15 November 1983 in Case C-322 / 82
for failure to observe the rules for the enforcement of
quality standards in the fruit and vegetables sector . This
year, however, the Commission 's criticism must be
somewhat muted, Italy having finally resolved to adopt a
ministerial decree introducing quality control for horti ­

Following receipt of a reasoned opinion, the Belgian
authorities accepted the Court 's interpretation of the
scope of the waiver clause and declared their willingness
to take all the necessary steps to ensure that storage
conditions met Community standards . Recently the
Belgian authorities have notified improvements in the
structure of their inspectorate and an increase in the
resources made available for this purpose, so that the
Commission has been able to close the proceedings .

In 1991 the Commission had the satisfaction of seeing
the Netherlands Court endorse ' authorities its view to admit that to it free was circulation illegal for, at the a
reduced levy of 6 % ad valorem, quantities of manioc
exported from Thailand without an export certificate
( judgment of 18 May 1991 in Case C-96 / 89 Commission
v. Netherlands ). The Dutch authorities have since paid
the Community the amounts which they had failed to
collect, plus the interest due on these sums, in
compliance with the Court 's ruling ; the Commission has
accordingly terminated the relevant proceedings .

The Commission 's position on this matter received
support from the Court of Justice, which ruled on 2
October 1991 ( in Case C-l 13 / 90 Gebroeders Schulte
and H & F Reinert v. Belgische Dienst voor
Bedrijfsleven en Landbouw and Others ) that the waiver
of the right to lodge any complaint, as provided for in
Article 2 ( 2 ) ( t ) of Commission Regulation ( EEC ) No
2173 / 79 of 4 October 1979 laying down procedures for
the disposal of beef purchased by intervention agencies,
does not extend to any latent defects which, by their
very nature, cannot be detected on prior inspection by
the person concerned and render the product unfit for
consumption .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 35

1.2 . Agricultural directives The number of reasoned opinions issued by the
Commission dropped substantially in 1992, largely
because so many had been sent towards the end of 1991 .

1.2.1 . General remarks

The Commission is glad to report, however, that of the

The completion of the single market and the elimination twelve infringement proceedings under which reasoned
of physical frontiers will depend largely on the opinions were sent in 1992, eleven have been terminated
implementation of agricultural directives . For this reason following notification of implementing measures .
the Commission has in recent years been holding regular
bilateral meetings with the Member States to keep track
of the transposal of Community directives ( particularly
those relating to agriculture ) and to make the competent Although the Member States made an effort to deal with
national bodies more aware of the issues involved . the backlog not all the proceedings initiated before 1992

Although the Member States made an effort to deal with

the backlog, not all the proceedings initiated before 1992
could be terminated . The Commission therefore referred
to the Court of Justice 26 cases where Member States
had failed to transpose directives .

In 1992, for example, meetings were held with the
Belgian, Spanish, Italian, Luxembourg and Portuguese
authorities to discuss the veterinary and plant health
directives . These meetings have undeniably exerted 1.2.2 . Situation in individual Member States
additional pressure on the national authorities to activate
the legislative process needed for the completion of the
single market . They have also made an undoubted
contribution towards better cooperation between
national bodies and the Commission . An analysis of the infringement proceedings brought

against Member States for failure to transpose agri ­
cultural directives reveals that Portugal has done most to
reduce their frequency .

In 1992 the Commission nevertheless had to initiate
301 Article 169 proceedings for failure to transpose agri ­
cultural directives . Thus, for the third year in succession,
the number of proceedings initiated has risen substan ­ At the end of 1991 Portugal 's rate of transposal was only
tially ( from 70 in 1989 to 127 in 1990, then to 202 in 79 % ( 68 directives awaiting transposal ), largely as a

1.2.2 . Situation in individual Member States

1991 and, as already stated, to 301 in 1992 ).

This trend may be explained both by the fact that the

number of directives for transposal increased
considerably in 1992 and by the large backlog of
directives still awaiting implementation at the beginning
of the year .

The Member States have duly endeavoured to catch up,
but in most of them the effect was to defer the entry into
force of the directives which were to be transposed in

1992 . Another problem has been the complexity of the
directives which in many cases require not only technical
adjustments to existing national rules but also a funda ­
mental reorganization of the sectors concerned . This is
the case, for example, with the reorganization of
controls in the veterinary and plant health sectors .

At the end of 1991 Portugal 's rate of transposal was only

79 % ( 68 directives awaiting transposal ), largely as a
result of the delay in transposing directives which had
already been in force in the Community at the time of
Portuguese accession in 1986 . The directives concerned
included those relating to seeds and seedlings and to
intra-Community trade in fresh poultrymeat . In 1992
Portugal made up for this delay . All the directives in
force before 1986 have now been transposed except for
four forestry directives, which the Portuguese authorities
have undertaken to implement during the first quarter of

1993 . Thanks to the progress achieved in 1992 Portugal 's
rate of transposal is now close to the Community
average ( 24 directives awaiting transposal ).

As in previous years, the situation in Italy gives cause for
concern : in 1992 the Commission was obliged to initiate
30 infringement proceedings and to refer to the Court of
Justice Italy 's failure to transpose five directives ( three

relating to seeds and seedlings and two relating to
veterinary matters ). The Court also censured Italy for

failing to meet its obligation to transpose Directives

89 / 321 / EEC ( trichinae ) and 89 / 360 / EEC ( brucellosis ).
The figures for Article 169 letters sent in 1992 for
non-transposal of agricultural directives clearly show
that problems have arisen in all Member States : the
number of proceedings initiated ranges from 16 ( against The Commission has noted some positive developments
the Netherlands ) to 37 ( against Luxembourg ). in Italy, however . In 1992, for the first time, the Italian

The Commission has noted some positive developments

in Italy, however . In 1992, for the first time, the Italian

No C 233 / 36 Official Journal of the European Communities 30 . 8 . 93

authorities succeeded in speeding up the transposal standards ), 89 / 361 / EEC ( pure-bred sheep and goats for
procedures by adopting a ' Community Law '. Using the breeding ), 90 / 118 / EEC ( pure-bred pigs for breeding )
delegation procedure provided in this Law, the Italian and 90 / 119 / EEC ( hybrid pigs for breeding ).
authorities managed to comply with five Court rulings
relating to directives and put an end to nine
infringements which had been referred to the Court .
In addition, the Commission has referred to the Court
Ireland 's failure to transpose Directives 88 / 407 / EEC
( deep-frozen semen of bovine animals ), 88 / 658 / EEC
On 5 October 1992 the Italian Government laid new ( meat products ) and 90 / 120 / EEC ( amending Directive
enabling legislation before Parliament which, if passed, 88 / 407 / EEC ).
would enable it to transpose by a more rapid procedure
not only the directives due for implementation but also
those directives for which the deadline had not yet Currently Germany and Denmark have the highest rate
expired when the bill was introduced . Although the new of transposal in the Community ( only ten directives not
Law is unlikely to put an end to infringement transposed at the end of 1992 ).
proceedings against Italy, it should be possible to reduce
substantially the number of infringements in 1993 .

standards ), 89 / 361 / EEC ( pure-bred sheep and goats for
breeding ), 90 / 118 / EEC ( pure-bred pigs for breeding )
and 90 / 119 / EEC ( hybrid pigs for breeding ).

Currently Germany and Denmark have the highest rate
of transposal in the Community ( only ten directives not
transposed at the end of 1992 ).

In some Member States awareness of the fact that the
single market was nearing completion, together with the
warnings issued by the Commission, has led to an
improvement in the transposal of directives . In other
Member States, however, the Commission has seen the
situation deteriorate . In 1992 it was obliged to initiate
35 infringement procedures against Luxembourg and to
refer to the Court Luxembourg 's failure to transpose
eight agricultural directives .

The problems encountered in Luxembourg have
occurred in all sectors, which would indicate that the
delays in transposal are not attributable to difficulties in
particular areas but rather to some problem of a more
general nature .

1.2.3 . Situation in individual sectors

The transposal of the directives on seeds and seedlings
does not pose any particular problems at the moment .

In the plant health sector the only problem is the
transposal of the directives on protective measures
against the introduction into the Member States of
organizations harmful to plant or plant products
( Directives 90 / 490 / EEC, 90 / 506 / EEC and 91 / 27 / EEC ).
In the feedingstuffs sector a large number of directives
have not yet been transposed by Luxembourg ( nine
directives ), Greece ( six directives ) and Italy ( four
directives ). Directive 90 / 167 / EEC on medicated feeding ­
stuffs ( which is listed in the White Paper ) would appear
to be posing widespread problems since the Commission
has so far received notification of transposal only from
the United Kingdom, Greece and Portugal .

In other Member States, such as Ireland and the
Netherlands, the problems encountered are more
specific . In these two Member States special difficulties
have arisen with the transposal of the directives relating
to artificial insemination and stock breeding .

specific . In these two Member States special difficulties As in previous years, however, it is in the veterinary
have arisen with the transposal of the directives relating sector that the situation gives greatest cause for concern .
to artificial insemination and stock breeding . Directives relating to veterinary matters account for no

less than 212 of the 301 infringement procedures
initiated in agriculture, 11 of the 12 reasoned opinions
and 17 of the 26 cases referred to the Court .
In 1992 the Commission instituted proceedings before
the Court in respect of the Netherlands ' failure to
transpose Directive 87 / 328 / EEC ( pure-bred bovine
animals for breeding ). Almost all the directives concerned are listed in the

On 17 November 1992 Ireland was censured by the
Court for failure to adopt national measures to comply
with the same Directive ( Case C-236 / 91 ).

Also before the Court are cases relating to the
non-transposal by the Netherlands and Ireland of
Directives 8 8 / 661 / EEC ( breeding pigs — zootechnical

Almost all the directives concerned are listed in the
White Paper or contain measures implementing those
listed or have some other direct or indirect link with the
completion of the single market . Although mindful of the
importance of the other veterinary directives, the
Commission has been primarily concerned with the
transposal of the four directives on the removal of
veterinary checks at internal frontiers and the organ ­
ization of Community checks at external frontiers
( Directives 89 / 662 / EEC, 90 / 425 / EEC, 90 / 675 / EEC
and 91 / 496 / EEC ). The transposal and implementation
of these Directives is essential to the completion of the
single market .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 37

They provide for the reorganization of veterinary checks
on the basis of mutual trust between Member States .
Thus, apart from the considerable technical work
involved, their transposal requires the Member States to
surmount psychological barriers .

This has probably played an important part in the wide ­
spread delays affecting transposal, with the result that
the Commission has had to initiate infringement
procedures against all Member States except Denmark .

1.2.4 Application of Directive 83 / 189 / EEC ( technical
standards ) in the agricultural sector

Belgium 303 287 95

Denmark 303 283 93

Germany 303 278 92

Greece 303 267 88

Spain 303 275 91

France 303 274 90

Ireland 303 260 86

Italy 303 269 89

Luxembourg 303 260 86

Netherlands 303 275 91

Portugal 303 268 88

United Kingdom 303 279 92

1.2.5 . Progress in implementing directives applicable to agri ­

culture

Directives
Member State
applicable

Directives

for which

measures

have been

notified

%

In 1992, pursuant to Directive 83 / 189 / EEC laying down United Kingdom 303
a procedure for the provision of information in the field
of technical standards and regulations, as amended by
Directive 88 / 182 / EEC, the Commission examined in the
light of the Treaty and the relevant secondary legislation
57 draft technical regulations relating to agriculture . 2 . FISHERIES

This figure represents an increase of almost 100 % on

To enforce the Community arrangements for the conser ­
vation and management of fish stocks, the Commission

continued to give special attention to the measures taken
by Member States to ensure observance of the fishing
quotas allocated to them . The action brought against the
Netherlands for overfishing in 1986 ( Case C-52 / 91 ) is
still pending . Infringement proceedings have continued
against the United Kingdom ( overfishing in 1985 and

1986 ), the Netherlands ( overfishing in 1987 ), France
( overfishing in 1988 ) and Denmark ( overfishing in 1988 ).

1991 ( 29 notifications ). Having systematically analysed,
the drafts, the Commission requested amendments to continued to give special attention to the measures taken
almost half of them to ensure that their adoption would by Member States to ensure observance of the fishing
not create new obstacles to the free movement of goods quotas allocated to them . The action brought against the

Netherlands for overfishing in 1986 ( Case C-52 / 91 ) is

( reasoned opinions and / or observations ). In other cases
Member States were instructed to maintain the status still pending . Infringement proceedings have continued

against the United Kingdom ( overfishing in 1985 and

quo either for because twelve the months Commission from the intended date of to notification present a, 1986 ), the Netherlands ( overfishing in 1987 ), France

( overfishing in 1988 ) and Denmark ( overfishing in 1988 ).

proposal to the Council or because the planned measures
were covered by a proposal for Community legislation
which the Commission had already presented to the
Council and which would replace the national measures
concerned . To ensure the consistency of the conservation
arrangements, the Commission continued to monitor the
fishery control measures which Member States must
apply on their territory and within their waters . Neither

The Commission also monitors Member States ' the Court 's judgment of 11 June 1991 ( in Case
compliance with the obligation to notify all legislation C-64 / 88 ), when it found that France had failed to
containing technical standards or rules pursuant to ensure adequate enforcement of technical measures for
Directive 83 / 189 / EEC, as amended by Directive the conservation of stocks, nor that of 25 July 1991 ( in
82 / 182 / EEC where agriculture is concerned . Case C-258 / 86 ), when it held that Spain had failed to

comply with conservation measures adopted at
Community level for waters outside the Community
fishing zone, have yet been properly implemented by the
Member States concerned .

The Commission also monitors Member States '
compliance with the obligation to notify all legislation
containing technical standards or rules pursuant to
Directive 83 / 189 / EEC, as amended by Directive
82 / 182 / EEC where agriculture is concerned .

In 1992 the Commission thus examined 73 legislative
texts adopted by Member States in the agricultural
sector . Twelve infringement proceedings were initiated as
a result . Certain Member States ( France, Greece, Italy
and Portugal ) suspended the legislation in question and
forwarded new drafts under the notification procedure .

Infringement proceedings continued against Spain
( failure to check landing declarations against the data

No C 233 / 38 Official Journal of the European Communities 30 . 8 . 93

recorded when the fish were sold ; refusal to cooperate In conjunction with the proceedings against the UK
with Commission inspectors ) and France ( failure to legislation on the granting of flag rights to fishing
prosecute breaches of the Community rules concerning vessels, the Commission also reviewed the legislative
logbooks ). position in the other Member States . It emerged that

almost all the other Member States had similar national
rules whereby the granting of fishing licences and / or
Member States ' application of the Community rules on flag rights was subject to conditions of nationality,
the compulsory notification of the data required under residence and / or main place of establishment .
the common organization of the market may now be
considered satisfactory . The judgment given on
27 November 1990 in Case C-209 / 88 against Italy has
not yet been fully implemented, however . On 17 November 1992 the Court gave judgment in Case
C-279 / 89, ruling against the UK legislation whereby,
since 1 January 1986, the issue of fishing licences had

The Commission has continued its close and systematic been subject to conditions of nationality and residence as
monitoring of national fisheries legislation in order to regards the composition of the crews of fishing vessels or
assess its compatibility with Community law . In this to conditions requiring their periodic return to British
context mention should be made of the important rulings ports . The Court held that the United Kingdom had
given on 25 July 1991 in Case C-221 / 89 Factortame II failed to meet its obligations under the Treaty by laying
and on 4 October 1991 in Case C-246 / 89, when the down these conditions relating to the composition of
Court ruled against the restrictive conditions contained crews . This finding was in line with the Court 's ruling of

recorded when the fish were sold ; refusal to cooperate
with Commission inspectors ) and France ( failure to
prosecute breaches of the Community rules concerning
logbooks ).

The Commission has continued its close and systematic
monitoring of national fisheries legislation in order to
assess its compatibility with Community law . In this
context mention should be made of the important rulings
given on 25 July 1991 in Case C-221 / 89 Factortame II
and on 4 October 1991 in Case C-246 / 89, when the
Court ruled against the restrictive conditions contained
in the UK legislation on the granting of national flag
rights to fishing vessels . The Member State concerned
has since introduced amendments to remove these
conditions from the legislation in question and the corre ­
sponding measures should shortly enter into force . On
the other hand, the Irish authorities have so far failed to
implement the judgment of 4 October 1991 in
Case C-93 / 89, where the Court ruled against Irish legis ­
lation requiring nationals of other Member States to set
up an Irish company before obtaining a licence for sea
fishing .

14 December 1989 in Case C-216 / 87 Agegate, which
had dealt with the same national legislation . On the
other hand, the Court refrained from any
pronouncement on the condition requiring periodic
returns to British ports, since this condition had already
been treated in its judgment of 14 December 1989 in
Case C-3 / 87 Jaderow, when the Court had held that the
condition in question could in certain circumstances be
incompatible with Community law but was not in itself
contrary to the provisions of Community law in every

case .

F. TRANSPORT

1 . INTRODUCTION implementing measures by the Member States . It is still
to be regretted that in a few — though happily rare —
cases certain Member States are backtracking on the
commitments they entered into when the directive was

of the the business internal world market now, both regard the adopted emerging . But with there progress is a towards new type an of internal problem market that in is
of vital importance . This is reflected transport — an increasing number of cases of incomplete
demand for action by the or incorrect application of certain directives, commonly
the form of complaints about attributable to erroneous interpretations by the auth ­
applicable Community rules — orities of the Member States . Most of these cases have
tend to be well founded — but been settled at an early stage of the procedure .

With the completion of the internal market, both the
general public and the business world now regard
transport as being of vital importance . This is reflected
not only in growing demand for action by the
Commission in the form of complaints about
infringements of directly applicable Community rules —
which more and more tend to be well founded — but

also in an increasingly cooperative attitude on the part of
the Member States . Despite the expansion in Community
law on transport and its considerable complexity, the
Member States are generally far more inclined to accept
the Commission 's views expressed at the early stages of
infringement proceedings .

2 . ROAD TRANSPORT

By judgment given on 19 May 1992 the Court of Justice
declared that by adopting the law on taxes for the use of
federal roads by heavy goods vehicles ( Straflenbenut ­
As regards the transposal of directives, there has been an zungsgebiihr ) ( 30 April 1990 ), Germany had failed to
improvement in the rate of adoption of national fulfil its obligations under Article 76 of the EEC Treaty .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 39

The action for a declaration to this effect had been

brought in the context of infringement proceedings by
the Commission, with support from Belgium, Denmark,
France, Luxembourg and the Netherlands . The tax was
payable by HGVs of an authorized laden weight
exceeding 18 tonnes, wherever registered, using federal
roads and motorways . Germany also set a special rate of
tax on road vehicles (' Kraftfahrzeugsteuer ') which in
effect reduced the tax burden on German HGVs . The

Court concluded that the combined effect of the two

measures was to discriminate in favour of German

vehicles, contrary to Article 76 of the EEC Treaty . The
German Government subsequently announced that it
would abandon the plan to introduce the tax that had
been censured by the Court .

Germany amended its rules governing the recognition
and exchange of driving licences ( Directive
80 / 1263 / EEC ) as regards Community students residing
in Germany for study purposes . Students will now be
able to keep their original driving licence throughout the
period of their studies rather than exchanging it . They
will also be able to take a driving test either in Germany
or in their Member State of origin and the licence will be
recognized by the host Member State . Incidentally, from

1 July 1996 the principle of mutual recognition of
driving licences, superseding the obligation to exchange
them, will be applicable by virtue of Directive
91 / 439 / EEC .

the social regulations in road transport ( driving and rest
periods ; recording equipment ) as required by Directive

88 / 599 / EEC . The Commission regards this as a
protracted failure to comply with Community law,
though at least Belgium has now presented, draft
measures to give effect to the Directive .

3 . COMBINED TRANSPORT

Italy has still not complied with the judgment of the
Court of Justice of 7 May 1991 declaring that, by main ­
taining a licensing and quota scheme for combined
rail / road transport between Member States and with ­
holding licences from individuals wishing to engage in
such transport, Italy had failed to fulfil its obligations
under Directive 75 / 130 / EEC on the establishment of
common rules for certain types of combined rail / road
carriage of goods between Member States . At a meeting
held in Rome on 19 March 1991, the Italian authorities
confirmed that they were planning to take the necessary
measures in the form of a decree removing all remaining
restrictions in international combined transport, but no
action has so far been taken .

Nine Member States have taken measures to implement
Directive 91 / 224 / EEC amending Directive
75 / 130 / EEC, which came into force on 1 September
Portugal has now taken measures relating to access to 1992 . Infringement proceedings are under way against
the occupation of road passenger transport operator Greece, Italy and Ireland .
( Directive 74 / 562 / EEC, as amended by Directive
89 / 438 / EEC ), first in international transport and more
recently in national transport . But it is now the only
Member State that has not yet transposed Directive
90 / 398 / EEC on the use of vehicles hired without
4 . INLAND WATERWAYS
drivers .

Directive 89 / 461 / EEC fixing maximum authorized
dimensions for articulated vehicles has been transposed
in all Member States except Italy, where the legislation is
in progress . Directive 91 / 60 / EEC ( maximum authorized
dimensions for road trains ) entered into force on

1 October 1991 and has been transposed by all the
Member States, though in some of them only partly .
Portugal is the only Member State that has not notified
measures implementing Directive 89 / 459 / EEC on tyre
tread depths .

The efforts made to secure progress regarding access to
the occupation of waterway goods carrier ( Directive
87 / 540 / EEC ) have borne fruit . National implementing
measures should have been in place by 1 July 1988, but
none of the Member States most directly concerned had
taken them at the end of 1991 ; there is no precedent for
such a situation . Since then, however, France and the
Netherlands have passed legislation, and Italy and
Luxembourg, where the procedure is under way, are
expected to follow shortly . An action has been
commenced against Germany in the Court of Justice for
failure to comply with its obligations . The German auth ­
orities adopted implementing measures on 30 September

1992, but as they are to come into force only on 1
January 1994, the action will go ahead . On 27 February

Three Member States ( Italy, Luxembourg, Belgium ) have 1992 the Court declared that Belgium had failed to fulfil
still not established the uniform procedures for applying its obligations under the Directive .

No C 233 / 40 Official Journal of the European Communities 30 . 8 . 93

Belgium has not yet complied with the judgment given properly, given its impact on completion of the internal
by the Court on 10 December 1991 on the basis of market in transport .
Article 171 of the EEC Treaty for failure to comply with
an earlier judgment given against it on 28 May 1988 for
failure to transpose Directive 82 / 714 / EEC laying down
technical requirements for inland waterway vessels . This
is currently the most serious case of ongoing failure to 6 . Progress in implementing directives applicable to transport
abide by Community law in transport .

Directives
Member State
applicable

Directives

for which

measures
have been

notified

%

5 . AIR TRANSPORT

The entry into force of Directive 91 / 670 / EEC on
mutual acceptance of personnel licences for the exercise
of functions in civil aviation has been of great benefit to
the large number of Community citizens working as
pilots and flight engineers . But the Commission has
received many complaints about the restrictive interpre ­
tations placed on the Directive by the authorities of
certain Member States, which put excessive barriers in
the way of acceptance ; the Commission has reacted
rapidly and firmly to every failure to apply the Directive

Belgium 52 45 87

Denmark 52 51 98

Germany 52 48 92

Greece 52 48 92

Spain 52 50 96

France 52 48 92

Ireland 52 50 96

Italy 52 44 85

Luxembourg 52 47 90

Netherlands 52 50 96

Portugal 52 45 87

United Kingdom 52 50 96

1 . INTRODUCTION

G. ENVIRONMENT

including 196 directives, 40 regulations, 150 decisions
and 14 recommendations and resolutions .

This chapter constitutes the report on the environment
requested by the Council and Parliament . There will be a
separate offprint .

1.1 . General situation

Internationally, the main event of the year was the
United Nations Conference on Environment and Devel ­
opment in Rio de Janeiro . In the Community, 1992 was
the twentieth anniversary of the Paris Declaration of the
Heads of State or Government, generally regarded as the
starting point of the Community environment policy .

In the course of these twenty years, Community activity
has expanded considerably in terms not only of the
number of directives but also of the number of areas
covered . It is difficult to put a figure on the number of
Community instruments relating to environmental
protection, given the close links to other areas such as
agriculture, energy or transport, but Parliament recently
suggested a figure of 445 legislative instruments,

Environmental considerations have come to enjoy a
unique status in Community policy as a mandatory
component of decisions in all policy areas by virtue of
Article 130 r ( 2 ) of the EEC Treaty . This special status
was recently confirmed by the Court of Justice in Case
C-2 / 90 (9 July 1992 ), where it held that environmental
protection could in certain circumstances be pleaded to
justify restrictions on the free movement of goods .

The draft Treaty on European Union will consolidate
the position here, for Article 2 of the EC Treaty will
provide that one of the Community 's tasks is to promote
sustainable and non-inflationary growth respecting the
environment, and Article 3 ( k ) will identify the devel ­
opment of a Community environment policy as one of
the means to that end .

Any assessment of the number of environmental
directives is meaningless if the obligations imposed by
them are not performed . The need for a substantial boost
to the practical effect given to Community legislation has
recently been highlighted in a number of reports and
declarations by the Community institutions, such as

30 . 8 . 93 Official Journal of the European Communities No C 233 / 41

those from Parliament ( Report by the Committee on the access to the courts and their improved familiarity with
Environment, Public Health and Consumer Protection possibilities offered by approaches to the Commission .
on the implementation of European legislation on the
environment, 6 January 1992 — reporter : Mr Vernier ),
the Council ( Presidency Statement at the informal
meeting of Environment Ministers at Amsterdam, 11-13 This report is based on three aspects of the
October 1991 ) and the Court of Auditors ( Special Commission 's monitoring activities, namely failure to
Report 3 / 92 on the environment ), and by institutions of notify national implementing measures, notification of
the Member States ( e.g. the House of Lords in the incomplete measures and their incorrect application .
United Kingdom — report on implementation and There is a section analysing the situation in each
application of environment legislation : 1991 / 92 session ). Member State and a section analysing the situation in

each area of Community environment legislation .

The mandatory character of Community environment
directives is not always recognized ; in practice directives 1.2 . Failure to notify national implementing measures
are commonly regarded as mere recommendations . This
means that existing legislation is deprived of its effect
and raises doubts about the status of future programmes .
This report offers a valuable opportunity to promote a

more open and more transparent discussion of the
subject, involving not only the institutional actors in the
Community and the Member States but also Europe 's
citizens, who are the primary victims of the failure to
keep environmental trends under proper control and of
the general degradation of our shared heritage . In view
of the conclusions of the Council meeting ( Environment )
of 15 and 16 December 1992, this annual report on
Community law is being presented not only to the
European Parliament but also as a basis for discussion in
the Council .

As earlier reports already stated, the Member States do

in fact transpose most of the obligations of the

subject, involving not only the institutional actors in the environment directives, though there are problems with
Community and the Member States but also Europe 's the time taken to do so . The delays flow more from
citizens, who are the primary victims of the failure to problems of administrative coordination than from a
keep environmental trends under proper control and of deliberate intention to evade obligations . But late notifi ­
the general degradation of our shared heritage . In view cation always means that the Commission must
of the conclusions of the Council meeting ( Environment ) commence infringement proceedings, with all that this
of 15 and 16 December 1992, this annual report on

implies in terms of procedural and management costs, to

Community law is being presented not only to the induce the Member States to transpose directives within
the European Council Parliament . but also as a basis for discussion in the time-limits that they themselves accepted in the

Council . The Commission welcomes the efforts made by
Italy to transpose a whole series of environment
directives more quickly by means of the new procedure
known as the Community Law . In 1992 this new system
While all the activities and reports mentioned above do allowed a large number of directives to be implemented,
some of them more than a decade behind time .

not give a truly brilliant picture of the situation
regarding implementation of Community environment
legislation, the present report cannot offer a brighter
picture either . In the absence of other means of verifying
the effective application of environment directives, the
Commission proceeds on the basis of the reports and
programmes supplied by the Member States and infor ­
mation received from Parliament in the form of
questions and petitions, or complaints filed by individuals
and associations . The Commission has commenced
numerous infringement proceedings against most of the
Member States for failure to notify reports on the
implementation of a wide range of environmental
directives . The situation seems much the same as regards
the plans and programmes required for the performance
of a number of obligations under directives .

The number of complaints in environmental matters has
risen by more than a third since 1991 . This being so, the
Commission can only confirm that the resources
deployed by many of the Member States for monitoring
and performing the obligations imposed by Community
legislation fall short of actual needs . The rise in the
number of complaints from Europe 's citizens is evidence
of their growing awareness of the situation, their limited

But there are cases where failure to transpose
Community directives several years after their entry into
force gives cause for serious concern . The Netherlands,
for instance, has still not transposed Directive
80 / 68 / EEC ( groundwater ), despite the judgment given
by the Court of Justice on 17 December 1987 ( Case

291 / 84 ) and the second referral to the Court of Justice
by the Commission . In Belgium, the Brussels region
recently transposed Directive 85 / 337 / EEC ( environ ­
mental impact assessment ), four years after the appointed
date .

One technique often used by certain Member States is to
take the text of the directive over virtually word for
word into national law . This practice is acceptable in
formal terms but can fail to respect the context of the
host legal system and the capacity of the existing admin ­
istrative structure to implement and apply the resultant
obligations . This failure to reflect the general context
means that domestic implementing provisions become a
pure formality which technically complies with the obli ­

No C 233 / 42 Official Journal of the European Communities 30 . 8 . 93

gations imposed by a given directive but does not ab ­
solutely ensure that the measures it requires will be
properly applied . This approach does not guarantee the
highest level of environmental protection that Article

130 t EEC Treaty expressly allows the Member States to
maintain .

Member States transpose a directive via a multitude of
legal measures without correlating their various
components and the obligations flowing from the
directive by diagrams, tables or whatever . It is often very
difficult for the Commission to ascertain whether
Community legislation has been properly transposed .
This is an aspect to which the Commission explicitly
draws attention in its correspondence with the Member
States before a directive enters into force, but it is
regularly ignored when Member States notify the
Commission of national implementing measures .

During the report period, the following environmental
directives were due for transposal in all the Member
States :

— Directive 90 / 415 / EEC amending Annex II to
Directive 86 / 280 / EEC on limit values and quality
objectives for certain dangerous substances listed in
Annex I to Directive 76 / 464 / EEC ;

— Directive 92 / 14 / EEC on the limitation of the
operation of aircraft ;

— Directives 91 / 325 / EEC, 91 / 326 / EEC and
91 / 410 / EEC : 12th, 13th and 14th adaptations to
technical progress of Council Directive 67 / 548 / EEC
( classification, packaging and labelling of dangerous
substances ) ;

— Council Directive 91 / 244 / EEC amending Directive

79 / 409 / EEC on wild birds ;

— Directive 91 / 157 / EEC on batteries and accumulators

containing certain dangerous substances ;

— Directive 90 / 313 / EEC on freedom of access to

information on the environment .

Not one of the Member States has adopted provisions
implementing all these eight directives . Most have not
even transposed half of them ( see table ).

Among the directives falling due for transposal in 1992,
Directive 90 / 313 / EEC ( freedom of access to infor ­
mation on the environment ) deserves special attention
since it will require substantial changes in the traditional
administrative procedures of most Member States .

As it said in previous reports, the Commission is not kept

abreast of national measures giving effect to inter ­
national agreements in environmental matters, even
where the Community is a contracting party .

1.3 . Conformity of national implementing measures with

Community law

Although the obligations imposed by directives are
debated at length before the Council adopts them, the
Member States still often transpose some of them incor ­
rectly . This is something that the Court of Justice has
most often been asked to rule on, but its decisions tend
to be ignored . As examples, consider the decisions
concerning Belgium ( Directives 79 / 409 / EEC ( wild birds )
— Case 247 / 85, 8 July 1987 ; 75 / 440 / EEC and
79 / 869 / EEC ( surface water ) — Case C-290 / 89, 11 June

1991 ; 84 / 631 / EEC ( transfrontier shipment of waste ) —
Case C-2 / 90, 9 July 1992 ); France ( Directive
79 / 409 / EEC — Case 252 / 85, 27 April 1988 ); Germany
( Directives 79 / 409 / EEC — Case 412 / 85, 17 September

1987, 80 / 68 / EEC ( groundwater ) — Case C-131 / 88, 28
February 1991, 80 / 779 / EEC ( limit values for S0 2 ) —
Case C-361 / 88, 30 May 1991 ); and the Netherlands
( Directive 79 / 409 / EEC — Case 236 / 85, 13 October
1987 ).

Directives 79 / 409 / EEC ( wild birds ) and 85 / 337 / EEC
( environmental impact assessment ) pose the trickiest
problems of transposal . In the case of Directive
79 / 409 / EEC, the Commission commenced infringement
proceedings against Belgium, France, Germany, Greece,
Ireland, the Netherlands and the United Kingdom for
failure to designate special protection areas for wild birds
or for allowing unacceptable practices regarding
shooting seasons and species . There is a similar problem
with Directive 85 / 337 / EEC ; there are serious difficulties
with its implementation as regards the types of project
subject to environmental impact assessment and the
assessment criteria . As previous reports have already said,
the Commission considers that projects covered by
Annex II to Directive 85 / 337 / EEC that can harm the

environment by reason of the site, nature or scale of the
project must be preceded by an environmental impact
assessment . The legislation transposing this Directive in
the Member States must make provisions accordingly .
The legislation of most of the Member States ( all but the
United Kingdom and France, in fact ) has to be
considered as incomplete, since it does not provide for
assessment of all the types of project listed in Annex II,
the Commission is taking action against the Member

30 . 8 . 93 Official Journal of the European Communities No C 233 / 43

States that have only partly transposed Directive
85 / 337 / EEC . The important fact remains that many
projects are now being authorized without prior environ ­
mental impact assessment, and that in itself is both
contrary to the Directive and a source of potentially irre ­
versible damage to the environment .

However, the Commission welcomes the fact that the
Member States are increasingly using mandatory legis ­
lative instruments rather than circulars to transpose
directives . The use of circulars was criticized in earlier
reports ; it has often been rejected by the Court of
Justice, and most recently in the environment context in

Case C-361 / 88 Commission v. Germany and Cases
C-13 / 90, C-14 / 90 and C-64 / 90 Commission v. France .
Certain Member States, notably France, have tended to
make greater use of binding legal instruments to
transpose directives against water and air pollution .

Even if the implementation reports required by certain
directives can provide the Commission with valuable
points of reference, their utility is limited by the infre ­
quency of their transmission . Earlier reports drew
attention to this aspect of the problem ; there has been no
discernible improvement .

The same considerations apply to the plans and
programmes required by various environmental
directives, such as the plans for the gradual improvement
of the quality of the air ( Directives 80 / 779 / EEC
( sulphur dioxide and suspended particulates ),
85 / 203 / EEC ( nitrogen dioxide ) and 82 / 884 / EEC
( lead )), programmes to reduce pollution caused by
discharges of dangerous substances into the aquatic
environment ( Directive 76 / 464 / EEC ), plans for disposal
of toxic and hazardous waste ( Directive 78 / 319 / EEC ),
and programmes for the reduction of the tonnage and
volume of containers of liquids for human consumption

( Directive 85 / 339 / EEC ). Most of these plans should
have reached the Commission several years ago, but
most of the Member States have yet to notify them .
1.4 . Incorrect application of directives

The trend noted in earlier reports has been confirmed :
most infringements of Community environment
directives in 1992 took the form of incorrect application .
The obligations imposed by a directive are commonly
not observed in practice, despite the fact the national
implementing legislation that fully and correctly
transposes a directive is mandatory in its own right . In
comparison with previous years, the number of violations
of Community law brought to the Commission 's
attention has risen faster in environment law than in any
other area .

One of the most serious problems encountered by the
Commission in processing complaint cases is the
collection and verification of information about the facts
of the case . When scrutinizing national implementing
legislation, the Commission simply examines the
lawfulness of the Member States ' implementing
measures . But when it analyses the way these measures
are put into effect, it has neither the means to investigate
the facts of a specific case nor the power to impose
periodic controls on the Member States . Some environ ­
mental directives require the Member States to supply
the Commission with periodic implementation reports or
plans and programmes for the practical performance of
their obligations . Apart from these reports, plans and
programmes, which could help provide an overview, the
Commission 's main basis for assessing the implemen ­
tation of Community law on the environment is the
information on specific cases that comes to it with
Parliamentary questions and petitions or complaints from
members of the public .

Answers to the Commission 's requests for information
generally take more than the two months allowed . The
Commission endeavours to remedy the situation by orga ­
nizing periodic meetings with the national authorities
( package meetings ), which often involve regional and
local authorities . In 1992, there were seven package
meetings, with France, Spain, Belgium, Denmark, and
Luxembourg, to examine the implementation of
directives and discuss certain complaints .

The number of cases detected by the Commission in

1992 was much the same as in 1991 . Most were based . on

questions and petitions from Parliament . But the number
of complaints received in 1992 was more than a third up
on the 1991 figure . They cover all areas of Community
environment law, though most relate to situations
governed by Directives 79 / 409 / EEC ( wild birds ) and
85 / 337 / EEC ( environmental impact assessment ).

Many of the complaints received by the Commission
concern projects authorized without an environmental
impact assessment, or at least without an assessment
meeting the requirements of Directive 85 / 337 / EEC .
Such projects are often transport infrastructure or
economic development projects apparently decided in
advance of any assessment of their environmental
impact, this being relegated to the status of a marginal
consideration . Where the procedure is formally carried
out, complaints often relate to the poor quality of the

No C 233 / 44 Official Journal of the European Communities 30 . 8 . 93

impact assessment by the project promoters and the
absence of any form of public consultation during the
procedure .

impact assessment by the project promoters and the Another very useful component of the Commission 's
absence of any form of public consultation during the proposals for better observance of environment law is the
procedure . proposal that the Member States should arrange for

adequate publicity before submitting their regional devel ­
opment programmes to the Commission .
The projects are often in special wild bird protection
areas designated pursuant to Directive 79 / 409 / EEC, but
those in charge seem to regard this as irrelevant .

1.6 . Freedom of access to information on the

environment

1.5 . Structural Funds and other sources of Community

finance

Directive 90 / 313 / EEC ( freedom of access to infor ­
mation on the environment ) has been formally
implemented in five Member States .
Article 130 r ( 2 ) of the EEC Treaty provides that
environmental protection requirements are a component
of the Community 's other policies .

In recent years efforts have been made to reflect this in
various areas of Community activity . Article 7(1 ) of
Regulation ( EEC ) No 2052 / 88, for instance, provides
that measures financed from the Structural Funds must
be compatible with Community environment law and
policy .

It is for the Member States to take the measures needed
to ensure that Community law is observed in the prepa ­
ration and performance of projects partly financed from
the Structural Funds or other Community financial
instruments .

Some Member States already have laws and regulations
on freedom of information generally . But the measures
in force are not adequate for proper transposal of
Directive 90 / 313 / EEC . Additional legislation will be
needed if national law is to be in full conformity with the
Directive . No measures adapting the general legislation
have been notified .

In other Member States, implementation of Directive
90 / 313 / EEC means introducing a new right to infor ­
mation on the environment and requires new legislation .
Delays in transposing the Directive here are the result of
the time taken to prepare and pass the legislation in view
of the respective legislative procedures of the Member
States .

Although in point of fact Community directives on the
environment are usually respected, there are occasional
problems of conformity of projects with Community law . The Commission considers that several provisions of
Directive 90 / 313 / EEC have direct effect and will be
applicable from 1 January 1993 even if there is no
national legislation implementing them .
Every year there are a large number of complaints
regarding misuse of Community Funds . Where the
Commission ascertains that there is a violation of
Community law, it either asks the Member State to
modify the project accordingly or withdraws or 1.7 . Environmental impact assessment
withholds financial support for it .

In its recent proposals for reform of the Structural Funds
Regulations, the Commission proposed clearer and
tighter rules providing for analysis of the environmental
dimension in regional development plans and

programmes .

Provision is made for assessment of the environmental
situation in the regions when the Member States
elaborate their development programmes and for the
involvement of environmental authorities in the
implementation of the measures provided for in them
( Article 8 of the proposed general regulation ).

The situation regarding Directive 85 / 337 / EEC ( environ ­
mental impact assessment ) in 1992 was much the same as
in 1991 in terms both of transposal, where the
proceedings commenced by the Commission are still in
hand, and of incorrect application : the Commission is
still receiving very frequent complaints .

Although these complaints relate to projects that vary
widely in size and type, they nearly always point to the
same kinds of problem — assessment carried out too late
in the decision-making process, mediocre quality of
assessment and tendency to be biased in favour of the
project ( neither of these defects being rectified at

30 . 8 . 93 Official Journal of the European Communities No C 233 / 45

subsequent stages of the procedure ), and failure of the
final decision to take account of public opposition to the
project on environmental grounds .

The fact that there has been no real improvement here
suggests that for the moment Directive 85 / 337 / EEC it is
still not performing as an effective environmental
safeguard . Nor is it attaining its objective of securing a
proper role for the general public in planning decisions
that directly affect their lives .

While it may be difficult to prove that damage has been
sustained as a result of the violation of directives, the
Member States will at any rate have to make a greater
effort to abide by their commitments .

As in previous years, the commonest form of
infringement of Community law on the environment in

1992 was failure to apply directives properly . The

safeguard . Nor is it attaining its objective of securing a Commission very often does not have the information it
proper role for the general public in planning decisions needs to evaluate the full facts of the case . The Member
that directly affect their lives . States do not always give it the information required for

the performance of its responsibilities under Article 155
of the EEC Treaty : they do not present the reports,
plans and programmes called for by so many directives
and in many cases they do not cooperate with the
1.8 . Measures needed Commission to clarify the facts .

An overall assessment of the trends revealed in this

report regarding implementation of Community
environment law by the Member States makes it clear
that most of the problems described in its predecessors
are still unremedied . In 1992 the number of complaints
continued to rise steadily . They do not give a complete
picture of the state of the environment, but they do
manifest the level of public awareness in Europe of the
need to protect the environment . In general terms,
complaints are evidence of practical problems . The
Member States need to make a greater effort to abide by
Community law on the environment . The Commission
considers that there will have to be new machinery for
enforcing environment legislation, both in the Member
States and at the Commission . Administrative
cooperation with and between the Member States to
facilitate the full, correct and timely transposal of
Community law will have to be structured as a
preventive measure to reduce the likelihood of
infringements . In the process, there will have to be a full
evaluation of the implications of several recent trends in
Community law .

Environmental directives have often been transposed in
the Member States well after the appointed date, as can
be seen from the position regarding the eight directives
due for transposal in 1992 . In certain cases, not one of
the obligations imposed by the directives has been
properly transposed . This could in future have major
consequences as a result of the judgment given by the
Court of Justice on 19 November 1991 in Cases C-6 / 90

and C-9 / 90 . There the Court held that individuals who
sustain damage by reason of failure to transpose a
directive that confers rights on them must be
compensated by the Member State and are accordingly
entitled to proceed for damages . The right conferred on
individuals whose rights are invaded by the incorrect
transposal of a directive to demand compensation from
their national authorities is an important innovation .

Several major initiatives might help to remedy the
situation . The adoption of Directive 91 / 692 / EEC stan ­
dardizing and rationalizing the reports on the implemen ­
tation of certain directives relating to the environment
should help to ensure that the Commission is kept
informed on the general situation regarding application
of directives . Moreover, the fifth plan of action envisages
the establishment of a network of representatives of
national authorities and the Commission to guide the
implementation of measures agreed on . Its main function
would be to channel exchanges of information and
experience and to develop common approaches under
Commission supervision .

It should also be remembered that Article 20 of Regu ­
lation ( EEC ) No 1210 / 90 on the establishment of the
European Environment Agency and the European
Environment Information and Observation Network

provides that two years after the Regulation 's entry into
force the possibility of involving the Agency in the moni ­
toring of Community legislation may be examined .

In any event, once they are established, the Agency and
the Network will be able to help with investigating the
facts underlying the complaints received about incorrect
application of Community environment law .

The Commission considers that every citizen is
concerned by protection of the environment and ought
to be directly involved in it . But the public cannot
participate without proper information . Directive
90 / 313 / EEC ( freedom of access to information on the
environment ) will offer individual citizens and associ ­
ations new possibilities here, and will raise public
awareness of the damage being done to the environment .

No C 233 / 46 Official Journal of the European Communities 30 . 8 . 93

Better information for the general public means better
opportunities to play a more active role in the
application of environment law ; the spin-off may be a
further expansion in the frequency of complaints filed
with the Commission . The Commission is considering
working with the Member States on new solutions and
the possibility of new legislation to remedy manifest gaps
in national systems of legal protection that jeopardize
the application of Community law in the national

context .

2 . SITUATION IN THE MEMBER STATES

On 11 June 1991 the Court gave judgment against
Belgium for incomplete transposal of Directives
7 5 / 440 / EEC and 79 / 869 / EEC ( surface water for human
consumption and sampling and analysis methods ) ( Case
C-290 / 89 ).

On 9 July 1992, it gave judgment against Belgium for
failure to perform its obligations under Directive
84 / 631 / EEC ( transfrontier shipment of hazardous
waste ) ( Case C-2 / 90 ).

Directive 85 / 337 / EEC ( environmental impact
assessment ) has not been fully and properly transposed in

2.1 . Belgium either Wallonia or Flanders, though the Besluit van de

Vlaamse Executieve houdende vaststelling van het
Vlaams reglement betreffende de milieuvergunning
( VLAREM ) has remedied some of the defects .
2.1.1 . Late transposal

In 1992, the Brussels-Capital region transposed Directive
85 / 337 / EEC ( environmental impact assessment ) four
years after time . The other two regions had already
transposed it .

There is a general pattern of late transposal of directives
in Belgium ; ten infringement proceedings for failure to
notify national implementing measures are in motion, at
different stages of the procedure .

2.1.3 . Practical application

Among the water directives, the transposal and
application of Directive 76 / 464 / EEC ( dangerous
substances in the aquatic environment ) continue to give
cause for serious concern, as nearly all the country 's
rivers are heavily polluted . The situation will remain
unsatisfactory as long as programmes to reduce
discharges have not been prepared and implemented as
required by the Directive .

No measures have been notified for Directives
92 / 14 / EEC ( aircraft noise ); 91 / 325 / EEC, 91 / 326 / EEC The situation regarding Directive 82 / 501 / EEC
and 91 / 410 / EEC ( classification, packaging and labelling ( industrial accidents ) is improving, but progress remains
of dangerous substances ); 91 / 244 / EEC ( wild birds ) and to be made on emergency plans . The legislation is highly
91 / 157 / EEC ( batteries and accumulators ). complex and there is confusion as to its practical

application ; a meeting has been scheduled with the
Belgian authorities to clarify matters .
2.1 . 2 . Conformity of national measures with Community

law

There are still problems with the practical application of
Directive 79 / 409 / EEC ( wild birds ) in Flanders and

When implementing measures are taken by the Belgian Wallonia . In Flanders, there are inadequate measures to
authorities, they are usually in order . But the distribution protect designated areas ; in Wallonia, there are still diffi ­
of powers between the State and the regions sometimes culties with the shooting rules despite the judgment given
creates gaps in them . by the Court of Justice against Belgium in 1987 .

Wallonia has passed legislation to ban snaring . The
proceedings under Article 171 of the EEC Treaty are at
A judgment of the Court of Justice of 1987 recording the reasoned opinion stage .
several cases of failure to implement Directive
79 / 409 / EEC ( wild birds ) properly has still not yielded
appropriate measures, and infringement proceedings
based on Article 171 of the EEC Treaty are in hand . 2.2 . Denmark

The Court of Justice has given judgment in cases relating
to Directives, ' 76 / 403 / EEC ( PCB / PCT ), 78 / 319 / EEC
( toxic waste ) and 78 / 176 / EEC ( titanium dioxide ).
Directive 85 / 203 / EEC ( nitrogen dioxide ) has not been
fully transposed .

2.2 . 1 . Late transposal

Denmark has transposed most of the directives due for
transposal in 1992 .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 47

Directive 90 / 41 5 / EEC ( dangerous substances in the
aquatic environment ) was transposed by bekendtgørelse
No 75, 30 January 1992 .

The Commission decided to take no action on the
complaints received in 1991 on the plan for a fixed link
between Denmark and Sweden at 0resund .

Directives ( 12th, 13 91 th / 325 and / EEC 14th, 91 / amendments 326 / EEC and 91 to / 410 Directive / EEC 2.3 . Germany
67 / 548 / EEC on the classification, packaging and
labelling of dangerous substances ) were transposed by
bekendtgørelser Nos 586 and 589, 8 August 1991, and 2.3.1 . Late transposal

134, 24 February 1992 .

Directive 92 / 14 / EEC ( limitation of operation of noisy
aeroplanes ) was transposed by bestemmelser BL 5-42, 12
June 1992 .

The Danish authorities have notified the Commission
that Directive 90 / 313 / EEC ( freedom of access to infor ­
mation on the environment ) is effectively transposed by
its existing legislation on freedom of administrative
information .

Article 7 of Directive 91 / 157 / EEC ( batteries and accu ­

mulators ) is implemented by a variety of instruments,
including bekendtgørelser Nos 10 and 15, 3 January
1992 . But there is some delay with the rest of the
Directive .

Directive 91 / 244 / EEC ( wild birds ) is consequently the
only one for which the Danish authorities have not
notified implementing measures .

2.2.2 . Conformity of national measures with Community

law

Cases of legislation not properly implemented are few
and far between . The Commission is glad to report that
the Danish authorities are always most cooperative and
that problems, if any, are generally solved very quickly .

Once the Commission had drawn their attention to the

judgment in Case C-231 / 88 given on 28 February 1991

( Commission v. Germany ), the Danish authorities
adopted bekendtgørelse No 918 on 18 December 1991 to
improve the transposal of Directive 80 / 68 / EEC
( groundwater ).

2.2.3 . Practical application

Most of the allegations of violations of Community
environment law in Denmark referred to the

Commission in 1992 turned out to be unfounded .

So far Germany has implemented none of the eight
directives falling due in 1992, namely Directives
90 / 313 / EEC ( freedom of access to information on the
environment ), 90 / 41 5 / EEC ( dangerous substances in the
aquatic environment ), 91 / 157 / EEC ( batteries and accu ­
mulators ), 91 / 244 / EEC ( wild birds ), 91 / 325 / EEC,
91 / 326 / EEC and 91 / 410 / EEC ( 12th, 13th and 14th
amendments to Directive 67 / 548 / EEC concerning the
classification, packaging and labelling of dangerous
substances ) and 92 / 014 / EEC ( limitation of operation of
noisy aeroplanes ).

Circulars have been adopted and published to implement
Directives 88 / 180 / EEC and 88 / 181 / EEC ( permissible
sound level of lawnmowers ).

Community environmental legislation is now applicable
in the five new Länder of Germany, without specific
implementing measures being needed . The transitional
periods allowed the German authorities by Directives
90 / 656 / EEC and 90 / 660 / EEC are considered under the

practical application heading .

The German authorities have not notified measures to

comply with the judgments given by the Court of Justice
in Case C - 131 / 88 on 28 February 1991 ( transposal of
Directive 80 / 68 / EEC, groundwater ) and Case C-58 / 89
on 17 October 1991 ( transposal of Directive
75 / 440 / EEC, surface water ), and the Commission has
begun proceedings under Article 171 EEC Treaty . It

considers that Germany has also failed to do all that is
necessary to comply with judgment C-412 / 85 of
17 September 1987 ( wild birds ), and has brought a fresh
action in the Court under Article 171 EEC Treaty .

2.3.2 . Conformity of national measures with Community

law

Following the judgments given by the Court of Justice in
Cases C-131 / 88 on 28 February 1988 ( groundwater ) and
C-361 / 88 on 30 May 1991 ( air pollution ) the
Commission wrote to the German authorities, asking
them to revise their practice of transposing Community
directives on discharges of dangerous substances by
means of circulars .

No C 233 / 48 Official Journal of the European Communities 30 . 8 . 93

The same problem arises in relation to air pollution

( Directives 80 / 779 / EEC ( limit values for sulphur dioxide
and suspended particulates ) and 82 / 884 / EEC ( limit
value for lead in the air )). But here the German auth ­
orities have notified the Commission of draft regulations
to replace the TA Luft Regulations held by the Court to
be incompatible with Community obligations in Case
C-361 / 88 . Pending a satisfactory outcome on this
problem, the Commission has suspended the proceedings
for infringement of Directive 85 / 203 / EEC ( limit values
for nitrogen dioxide in the air ).

Apart from the incorrect implementation confirmed by
the judgment of the Court of Justice in Case C-412 / 85,
mentioned above, the Commission regards several other
German measures as incompatible with Directive
79 / 409 / EEC ( wild birds ) despite the judgment given by
the Court of Justice in Case C-288 / 88 .

2.3.3 . Practical application

Directive 80 / 779 / EEC ( limit values for S0 2 and
suspended particulates ) in sensitive areas ( Directive
90 / 656 / EEC ). But it has been ascertained that, given the
difficulties flowing from administrative structures and
certain technical difficulties, the action plans for Berlin,
Saxony, Saxony-Anhalt and Thuringia matching the
requirements of Directive 80 / 779 / EEC have still to be
drawn up . The information that has been supplied
merely states where values are exceeded and why . Plans
required by Directives 82 / 884 / EEC ( lead in the air ) and

85 / 203 / EEC ( limit values for NO x ) do not have to be
submitted until the end of 1992 . On the waste directives,
there have been no new developments since last year 's
report . Germany was required to notify action plans by
the end of 1991 . In its report of February 1992, it stated
that management plans provided for by Directive
75 / 442 / EEC ( waste ) and Directive 78 / 319 / EEC ( toxic
waste ) would be ready by the end of 1992 . The
February 1992 report can be treated as an action plan
even though it is not possible to be sure that at the end
of 1995 Community law will be fully observed .

In the area covered by Directive 85 / 337 / EEC ( environ ­

The 1991 report stated that, as regards bathing water, mental impact assessment ) the Commission is still

36 % of sea waters and 64 % of inland bathing waters receiving complaints about projects carried out without
fell short of the requirements of Directive 76 / 160 / EEC . prior impact assessment, contrary to the Directive . The

practical application seems somewhat problematic,
particularly as a result of Germany 's sophisticated
administrative procedures . The main points covered by
As regards Directive 78 / 659 / EEC, Germany has notified complaints under Directive 79 / 409 / EEC concern threats
the Commission of 236 designated areas in a total of ten to wild bird habitats from economic development .
Länder . It has also notified it of five shellfish water areas
designated in Lower Saxony in accordance with
Directive 79 / 923 / EEC .

For the five new Länder, Directive 90 / 656 / EEC auth ­
orizes Germany to begin applying Directives
76 / 464 / EEC, 87 / 176 / EEC, 83 / 513 / EEC, 84 / 156 / EEC,
84 / 491 / EEC, 86 / 280 / EEC, 88 / 347 / EEC ( dangerous
substances in the aquatic environment ) and 78 / 659 / EEC
( fishing water ) only after 31 December 1992 . Directive
76 / 160 / EEC ( bathing water ) is applicable from the end
of 1993 ; the specific programmes for Directives
84 / 156 / EEC and 86 / 280 / EEC and the action plans for
Directive 80 / 68 / EEC ( groundwater ) and 75 / 440 / EEC
( surface water ) were not required to be submitted to the
Commission until 31 December 1992 .

2.4 . Greece

2.4.1 . Late transposal

There are still delays in notifying measures to implement
environmental directives in Greece . Thirteen directives
due for transposal have yet to be implemented .

The German authorities have notified the Commission of
a drinking water action plan for the five new Länder ; it The directives concerned are Directives 89 / 369 / EEC
is still being discussed by the Commission and the and 89 / 429 / EEC ( municipal waste incinerators ),
German authorities . 88 / 609 / EEC ( air pollution by large combustion plants ),

90 / 415 / EEC ( dangerous substances in the aquatic
environment ), 91 / 157 / EEC ( batteries and accumu ­
lators ), 90 / 219 / EEC and 90 / 220 / EEC ( genetically
Turning to quality of the air, Germany has submitted modified organisms ), 88 / 610 / EEC ( amending Directive
measures for the application in the five new Länder of 82 / 501 / EEC on industrial accidents ), 91 / 244 / EEC ( wild

30 . 8 . 93 Official Journal of the European Communities No C 233 / 49

birds ), 91 / 325 / EEC, 91 / 326 / EEC and 91 / 410 / EEC
( 12th, 13 th and 14th amendments to Directive
67 / 548 / EEC concerning the classification, packaging
and labelling of dangerous substances ) and 92 / 14 / EEC
( limitation of operation of noisy aeroplanes ).

As regards Directive 90 / 313 / EEC on freedom of access
to information on the environment, there is a general law
in Greece — Law No 1599 / 86 on relations between the
State and the citizen — which empowers all natural and
legal persons to obtain access to public documents . It
was enacted in pursuance of Article 10 ( 3 ) of the Greek

imposing the obligations it generates on all industrial
plants . The accident at the Petrolla-Ellas refinery in
September 1992 again highlighted the problems of
applying the Directive, to which the Commission had
already drawn the Greek authorities ' attention .

The acute problem of air pollution in Athens has existed
for years now and has not improved . Greece has still not
notified the Commission of plans to improve air quality
as required by Directive 80 / 779 / EEC ( S0 2 ) ( deadline :
October 1982 ).

Constitution, whereby public authorities must answer all
requests for information provided for by specific laws .
This general law still needs specific measures to
implement the directive . But in 1992 Greece supplied the reports provided for by
Directives 75 / 442 / EEC ( waste ), 78 / 319 / EEC ( toxic
waste ), 76 / 403 / EEC ( PCBs / PCTs ) and 84 / 631 / EEC
( transfrontier shipment of waste ), covering all forms of

2.4.2 . Conformity of national measures with Community waste, and the programme provided for by Directive

2.4.2 . Conformity of national measures with Community waste, and the programme provided

law 88 / 609 / EEC ( large combustion plants ).

law

Greece often takes over the full text of a directive in its
legislation, but the Commission must report that even so There has been a substantial rise in the number of
there are directives that are not properly transposed . complaints against Greece for incorrect application of

Directive 85 / 337 / EEC ( environmental impact
assessment ). They mostly concern projects as listed in
Annex II, where the Member States enjoy extensive
2.4.3 . Practical application discretion .

There has been no radical change in the situation
regarding the application of the various environmental
directives since the previous report . Greece has yet to 2.5 . Spain
designate special protection areas pursuant to Directive
79 / 409 / EEC with adequate precision and has not taken
the requisite practical measures to protect those areas .

2.5.1 . Late transposal

The problems with the waste directives are the same as
before : waste is being dumped in various parts of Greece
without measures to protect the environment and human There have been no substantial delays in implementing
health . The Court of Justice has given judgment against environmental directives in Spain in recent years . Despite
Greece for failing to comply with its obligations under the fact that a wide range of administrative bodies with
Directives 75 / 442 / EEC ( waste ) and 78 / 319 / EEC ( toxic responsibility here are involved in the process, national
waste ) in a case concerning the illegal dumping of waste legislation has laid the basis for regional activity and this
that seriously threatened public health and the has helped rationalize the implementation process . Even
environment at Kouroupitos in Crete ( Case C-45 / 91, so, there are several directives still awaiting transposal .
7 April 1992 ). The Commission is aware of the problem Certain of them are well behind time — Directives
of waste disposal in Greece and is looking for alter ­ 87 / 18 / EEC ( good laboratory practice ), 90 / 517 / EEC
natives to infringement proceedings as means of helping ( classification, packaging and labelling of dangerous
Greece to apply the relevant directives properly . Its main substances ) and 90 / 219 / EEC and 90 / 220 / EEC ( gene ­
concern is to use structural Fund resources to finance tically modified organisms ). A number of Directives
new projects here . falling due for transposal by the end of 1992 have not

yet been transposed — Directives 92 / 14 / EEC ( limitation
of operation of aeroplanes ); 91 / 325 / EEC, 91 / 326 / EEC
and 91 / 410 / EEC ( 12th, 13th and 14th amendments to
Directive 82 / 501 / EEC ( industrial accidents ) is not being Directive 67 / 548 / EEC concerning the classification,
fully applied in practice : the Greek authorities are not packaging and labelling of dangerous substances );

No C 233 / 50 Official Journal or the European Communities 30 . 8 . 93

91 / 157 / EEC ( batteries and accumulators ), and
90 / 313 / EEC ( freedom of access to information on the
environment ). The delay with Directive 90 / 313 / EEC is a
source of concern, given the extent of the changes that
will have to be made to traditional administrative

procedures in Spain .

2.5.2 . Conformity of national measures with Community

law

Deficiencies highlighted last year in the transposal of
Directive 78 / 319 / EEC ( toxic and hazardous waste ) have
been remedied by amendments to existing legislation . But
others persist, such as the exclusion from Spanish legis ­
lation of most of the projects listed in Annex II
to Directive 85 / 337 / EEC ( environmental impact
assessment ). Infringement proceedings are in motion, but
Spanish legislation has not been changed . The authorities
consequently authorize many Annex II projects contrary
to the Directive . The Commission receives regular
complaints about such projects and the irreversible
damage they do to the environment .

As a rule environmental directives are taken over almost
word for word into Spanish law . This practice fails to
take proper account of preexisting national or regional
legislation related to the ends and means of the directive
that is being transposed .

2.5.3 . Practical application

As earlier reports stated, there is room for improvement
in the application of Community environment law in
Spain . There are delays in transmitting the implemen ­
tation reports required by several directives, and the
growing number of complaints originating in Spain is
evidence of keener public awareness of the need to
protect the environment .

Delays in notification of reports on the implementation
of Directives 75 / 439 / EEC ( waste oils ), 75 / 442 / EEC
( waste ), 76 / 403 / EEC ( PCBs / PCTs ), 78 / 319 / EEC ( toxic
and hazardous waste ), 84 / 631 / EEC ( transfrontier
shipment of waste ) and 86 / 278 / EEC ( sewage sludge )
mean that the Commission has but limited information
on the manner in which they are applied in Spain .
Moreover, the Spanish authorities have not notified the
Commission of other instruments that might make the

job easier, such as the plans or programmes for the
reduction of pollution required by several directives . The
reason appears to be a lack of basic information and of
administrative resources . The outcome is that the
Commission has no information on the plans and
programmes for the reduction of sulphur dioxide and
suspended particulates in areas where the limit values set
by Directive 89 / 427 / EEC are exceeded, nor on those for
the reduction of pollution of the aquatic environment by
the dangerous substances listed in Directive
76 / 464 / EEC, for the improvement of the quality of
bathing water required by Directive 76 / 160 / EEC, and
for reducing the tonnage and volume of containers of
liquids for human consumption ( Directive 85 / 339 / EEC ).
This last case was referred to the Court of Justice ( Case

C - 192 / 90 ), which gave judgment against Spain on
10 December 1991, but the programme has still not been
sent to the Commission . Such programmes as have been
received, for example the Spanish national plan for the
treatment of toxic waste, do not supply the information
as required by Directive 78 / 319 / EEC .

In the absence of reliable means of assessing the general
application of environmental directives, the Commission
has to work from information obtained from complaints .
The number of complaints concerning Spain has
continued to rise, confirming the trend highlighted in
earlier reports . They cover the full range of ecological
concerns in all the country 's regions, but most commonly
relate to nature, impact assessment, water and waste .

Although a large number of special protection areas for
wild birds have been designated under Article 4 of
Directive 79 / 409 / EEC, the most widespread subject for
complaint is the existence of pollution or intentional
disruption of species there, which reveals how ineffec ­
tively the habitats are actually being protected .
Moreover, decisions by the central government desig ­
nating them do not take the form of published
mandatory instruments and consequently lack legal
impact . Many new complaints relate to projects auth ­
orized without prior impact assessment as prescribed by
Directive 85 / 337 / EEC . Even where the assessment
procedure formally applies, the impact study submitted
to the administration by the project owner tends to be
deficient, so that public inquiries are deprived of their
substance . Complaints relating to water pollution reveal
the ongoing damage done to many of Spain 's rivers and
lakes ; they regularly concern the Bay of Santander and
Algeciras, the Guadalentin, Besos and Segura rivers and
the Aviles and Mundaca estuaries . Pollution there is

caused by dangerous substances discharged contrary to
Directive 76 / 464 / EEC . The discharges are authorized in
spite of the fact that the authorities have set no quality
objectives or pollution-reduction programmes for these
waters . The effect of delays in implementing regional

and local waste treatment plans is a proliferation of

30 . 8 . 93 Official Journal of the European Communities No C 233 / 51

complaints about the practice of certain municipalities waters and 16 % of inland waters still do not meet the
which discharge waste in open dumps ; examples are El Directive 's standards .

Mazo ( Santander ) and Burguillos del Cerro ( Badajoz ).
The waste is then burnt from time to time, generating a
serious 7 5 / 442 public / EEC . health hazard in violation of Directive In 1992 there were several new developments on the
waste front . France took a series of measures, notably
the Law of 13 July amending the legislation governing
waste disposal . The new legislation imposes obligations
2.6 . France to produce plans for disposal of industrial and household

waste .

2.6.1 . Late transposal i

France has not yet notified the Commission of measures
to implement Directives 91 / 157 / EEC ( batteries and
accumulators ) and 92 / 14 / EEC ( limitation of operation
of noisy aeroplanes ). But Directives 91 / 325 / EEC,
91 / 326 / EEC and 91 / 410 / EEC ( 12th, 13th and 14th
amendments to Directive 67 / 548 / EEC ( classification,
packaging and labelling of dangerous substances ) were
transposed by Orders dated 16 and 17 January 1992 .

On nature protection, the Commission is still receiving
large numbers of complaints about the destruction of
vulnerable habitats of bird species protected by Directive

79 / 409 / EEC .

The main cause of the destruction of natural habitats in

packaging and labelling of dangerous substances ) were, works France appears in a number to be agriculture of wetlands, and undertaken especially drainage without
transposed by Orders dated 16 and 17 January 1992 .

assessment of their impact on these particularly fragile
areas, as well as construction and transport infrastructure
projects . In the effort to designate special protection
2.6.2 . Conformity of national measures with Community areas, priority should be given to sites that are the most

law vulnerable in this respect .

law

France has not yet complied with the judgment of the
Court of Justice of 27 April 1988 ( Case C-252 / 85 )
declaring that it had not properly implemented Directive
79 / 409 / EEC . The Commission has accordingly
commenced Article 171 proceedings .

France has pursued its practice of implementing the
water directives by mandatory legal instruments rather
than by administrative circulars . A Decree of 20
September 1991 completed the transposal of Directive
76 / 160 / EEC ( bathing water ), and a Decree and several
Orders made in the second half of 1991 fully transposed
Directives 78 / 659 / EEC ( fishing water ) and 79 / 923 / EEC
( shellfish water ). Directive 90 / 41 5 / EEC ( dangerous
substances in the aquatic environment ) was transposed
by four Orders made on 2 October 1991 .

Having had judgment given against it in the Court of
Justice for using circulars to transpose several directives

concerning air quality ( sulphur dioxide, lead in the air
and nitrogen dioxide ) ( judgments given on 1 October
1991 in Cases C-14 / 90, C-13 / 90 and C-64 / 90 ), France
issued a Decree on 25 October 1991 in place of the
offending circulars .

2.6.3 . Practical application

The improvement in the quality of bathing waters
continued in 1992, but the report on the quality of
bathing water in 1991 shows that about 13 % of sea

In terms of geographical coverage, complaints about
destruction of habitats and impact assessment are
concentrated on the south of the country, where natural
habitats are most frequently found, and, to a lesser
extent, the industrial and frontier areas in the north and
east . The west is less affected, probably because major
infrastructure and construction projects are rarer there
and because there is less heavy industrial concentration :
the main cause of damage to the natural environment is
to be found in agriculture ( drainage, agrarian restruc ­
turing ).

The main outstanding question as regards hunting is the
dates of the open and close seasons for wild birds, and
especially water birds . The Commission will be looking
for guidance to a preliminary ruling expected in 1993 .

2.7 . Ireland

2.7.1 . Late transposal

No measures implementing Directives 90 / 41 5 / EEC
( dangerous substances in the aquatic environment ),
92 / 14 / EEC ( limitation of operation of aeroplanes ),
91 / 325 / EEC, 91 / 326 / EEC and 91 / 410 / EEC ( 12th,
13th and 14th adaptations to technical progress of
Directive 67 / 548 / EEC on the classification, packaging
and labelling of dangerous substances ), 91 / 244 / EEC

No C 233 / 52 Official Journal of the European Communities 30 . 8 . 93

( wild birds ) and 91 / 157 / EEC ( batteries and accumu ­
lators ) have been received though all of them became
applicable in the course of the year .

Measures to transpose Directive 88 / 610 / EEC were,
however, notified .

2.7.2 . Conformity of national measures with Community

law

The Commission is pursuing its talks with the Irish auth ­
orities regarding transposal of Directives 85 / 337 / EEC
( environmental impact assessment ), 75 / 442 / EEC
( waste ), 78 / 319 / EEC ( toxic and hazardous waste ),
76 / 464 / EEC ( dangerous substances in the aquatic
environment ) and 79 / 409 / EEC ( wild birds ).

2.7.3 . Practical application

A major development in 1992 was the passing of the
Environmental Protection Agency Act in April ; this is an
important piece of legislation that will greatly improve
the organization of pollution control .

On the implementation of the water directives, Directive
80 / 68 / EEC ( groundwater ) continues to give cause for
concern . The adoption of new legislation and the fuller
application of Directive 76 / 160 / EEC ( bathing water ) are
signs of real progress : the number of protected bathing
areas has risen from 64 to 94 .

In the area covered by the air quality directives, the
success of fog control measures in Dublin pursuant to
Directive 80 / 779 / EEC ( sulphur dioxide and suspended
particulates ) has been such that similar measures are now
planned in Cork .

The management of hazardous waste is rather defective
— no proper legislation, lack of investment in disposal
facilities and no thorough planning as required by
Directive 78 / 319 / EEC . The Commission has been
receiving complaints about badly sited and badly
managed dumps in various parts of the country .

On the nature protection front, a survey of habitats of
migratory birds has been undertaken with a view to
classifying a greater number of sites under Directive
79 / 409 / EEC ( wild birds ).

2.8 . Italy

2.8.1 . Late transposal

Between the end of 1991 and March 1992 the
' Community Law ' was used to implement or complete
the implementation of a large number of outstanding
environment directives, notably Directives 76 / 464 / EEC,
82 / 176 / EEC, 83 / 513 / EEC, 84 / 156 / EEC, 84 / 491 / EEC,

88 / 347 / EEC and 90 / 415 / EEC ( dangerous substances in
the aquatic environment ); 87 / 219 / EEC ( sulphur content
of liquid fuels ); 87 / 416 / EEC ( lead in petrol );
78 / 659 / EEC ( fishing water ); 87 / 101 / EEC ( waste oils );
and 80 / 68 / EEC ( groundwater ).

This is great progress, but there are still no measures
implementing Directive 90 / 313 / EEC ( freedom of access
to information on the environment ) or the two Directives
on genetically modified organisms ( 90 / 2 19 / EEC and
90 / 220 / EEC ). Work is in hand, and the current
' Community Law ' will probably complete it .

Directives 91 / 325 / EEC, 91 / 326 / EEC and 91 / 410 / EEC
( 12th, 13th and 14th amendments to Directive
67 / 548 / EEC concerning the classification, packaging
and labelling of dangerous substances ) and 92 / 14 / EEC
( limitation of operation of noisy aeroplanes ) are overdue
for transposal .

In Italy the regions enjoy legislative powers in relation to
the transposal of Community environment directives ; the
Commission 's scrutiny is complicated by the fact that it is
not notified of regional legislation . It is not clear to what
extent the central government can check it for
conformity with the principles, which vary in their
degree of detail, of national legislation transposing
Community environment legislation, sometimes less than
perfectly .

2.8.2 . Conformity of national measures with Community

law

Scrutiny of measures passed early in 1992 to transpose a
whole series of directives has revealed defects in several

cases .

2.8.3 . Practical application

The Commission is still discussing the application
of Directive 85 / 337 / EEC ( environmental impact
assessment ), and in particular Annex II, with the Italian
authorities . Through its letters and proceedings it keeps
the Italian authorities under regular pressure, using indi ­
vidual complaints to highlight the deficiencies of the

measures taken by them in this area .

The assessment of waste dumps in relation to Annexes I

and II to Directive 85 / 337 / EEC and of road projects
( concept of high-speed road in Annex I) are examples of
cases where the Commission checks whether the legis ­
lation is correctly applied in Italy ; the question is

30 . 8 . 93 Official Journal of the European Communities No C 233 / 53

whether the environmental impact is being assessed in all
the situations envisaged by the Directive . Another area
where complaints are frequent is the protection of wild
birds, particularly as special protection areas have not
been designated and special protection measures have
not been taken under Directive 7 9 / 409 / EEC .

Infringement proceedings are in motion in all those cases
where Community directives require Member States to
submit plans and programmes ( waste, water ) and they
have not done so . An example is Directive 80 / 779 / EEC
( limit values for sulphur dioxide and suspended partic ­
ulates ) ; Italy has not notified the Commission of redevel ­
opment plans in areas where Community limit values are
exceeded, nor informed the Commission of measures
taken to exclude recurrences where values are respected .
For Directive 76 / 160 / EEC ( bathing water ) the main
problems are that derogations not complying with the
rules have been given, there is no forward checking of
certain parameters where a pattern of eutrophization
appears, limit values for total and fecal coliforms are
exceeded in 8 % of Italian bathing waters without
clean-up measures being notified to the Commission and
the minimum frequency of sampling is not being
respected . In the case of Directive 8 0 / 778 / EEC
( drinking water ), the concept of the derogation in
serious accidental pollution cases has not been properly
incorporated in the Italian legislation and the derogation
allowed by Italian law is not properly monitored .

One of the more interesting judgments given by the
Court of Justice was in Case C-33 / 90 ( 13 December

1991 ), where it was held that, since the Campania region
had failed to draw up disposal plans specifying types and
quantities of waste, general technical standards, sites and
special provisions governing specific forms of waste and
had not established or updated toxic and hazardous
waste programmes, Italy had failed to fulfil its obli ­
gations under Directive 78 / 319 / EEC . This judgment
confirms yet again that when a Member State empowers
its regions to implement a directive, it remains liable in
the event of a default .

In 1992, the Luxembourg authorities managed to
transpose Directive 90 / 415 / EEC ( dangerous substances
in the aquatic environment ), Directives 91 / 325 / EEC and
91 / 326 / EEC ( 12th and 13th amendments to Directive
67 / 548 / EEC on the classification, packaging and
labelling of dangerous substances ) and, most signifi ­
cantly, Directive 90 / 313 / EEC ( freedom of access to
information on the environment ). The delays accu ­
mulated in recent years have been caught up as regards
Directives 88 / 610 / EEC ( industrial accidents ) and
89 / 369 / EEC and 89 / 429 / EEC ( municipal waste incin ­
erators ).

Directive 86 / 609 / EEC ( protection of animals used for
experimental purposes ) has still not been implemented,
six years after adoption . Directive 89 / 629 / EEC
( subsonic aircraft noise ) has not been transposed . And
the legislation to give effect to Directives 90 / 219 / EEC
and 90 / 220 / EEC ( genetically modified organisms )
remains to be passed .

Among the Community instruments requiring national
implementing measures in 1992, Directives 91 / 410 / EEC
( 14th amendment to Directive concerning the classifi ­
cation, packaging and labelling of dangerous
substances ), 91 / 244 / EEC ( wild birds ), 91 / 157 / EEC
( batteries and accumulators ) and 92 / 14 / EEC ( limitation
of operation of noisy aeroplanes ) have not been
implemented .

2.9.2 . Conformity of national measures with Community

law

The measures implementing Directive 85 / 337 / EEC
( environmental impact assessment ), adopted by the
Council seven years ago, are still not satisfactory .

There has been no change since 1991 regarding the

inadequacy of national measures implementing Directive
It follows that a Member State which designates the 76 / 160 / EEC ( bathing water ).
authorities responsible for performing its obligations
under a directive but does not act to enforce compliance
with them is itself infringing Community law .
2.9.3 . Practical application

2.9 . Luxembourg The difficulties encountered in the implementation of
directives are often the result of the country 's inevitably
limited technical and administrative infrastructure .

2.9.1 . Late transposal

The tendency of draft transposal instruments to become
stuck in a bottleneck at the Conseil d'Etat in recent years
has persisted .

The administrative procedures for the designation of
special protection areas under Directive 79 / 409 / EEC
( wild birds ) are excessively slow . The current situation is
unsatisfactory as the Commission had hoped that Haff

No C 233 / 54 Official Journal of the European Communities 30 . 8 . 93

Reimech would be designated in 1992 and that the possi ­
bility of further designations in seven areas of recognized
ornithological interest would materialize .

The inadequacies in the implementation of Directives

80 / 778 / EEC ( drinking water ), 7 5 / 440 / EEC and
79 / 869 / EEC ( quality standards for surface water for the
production of drinking water ) ( see Ninth Report ) have
not, to the Commission 's knowledge, been remedied .

2.10 . Netherlands

2.10.1 . Late transposal

In general terms the main difficulty in the transposal of
environmental directives in the Netherlands is the time
taken by the legislative process and the need to adapt a
body of existing legislation .

There has recently been an improvement in the position
regarding late transposal ; proceedings for failure to
notify are now rare .

Regarding the eight directives due for transposal by

1992, the Commission has received measures
implementing Directives 90 / 41 5 / EEC ( dangerous
substances in the aquatic environment ), 91 / 157 / EEC
( batteries and accumulators ), 90 / 31 3 / EEC ( freedom of
access to information on the environment ) and
91 / 325 / EEC, 91 / 326 / EEC and 91 / 410 / EEC ( 12th,
13th and 14th amendments to Directive 67 / 548 / EEC
concerning the classification, packaging and labelling of
dangerous substances ) ; it is still awaiting measures
implementing Directive 91 / 244 / EEC ( wild birds ).

The Netherlands has still not notified the Commission of

measures to give effect to Directive 80 / 68 / EEC
( groundwater ), already mentioned in earlier reports, in
spite of the judgment given by the Court of Justice on 17
September 1987 ( Case C-291 / 84 ).

2.10.3 . Practical application

As the previous report said, complaints received by the

Commission relate to inadequate protection for ' green '
areas and failure to comply with Directive 85 / 337 / EEC
( environmental impact assessment ) in connection with
roads and other infrastructure projects . The maintenance
of dikes around major rivers is another recurring issue .

The Waddenzee was designated as a special protection
area under Directive 79 / 409 / EEC in March 1992, but
the Commission is still discussing the designation of
areas to be classified with the Dutch authorities .

2.11 . Portugal

2.11.1 . Late transposal

Portugal has not notified measures to give effect to seven
of the eight environmental directives due for transposal
in 1992 .

There is also delay in notifying measures to implement
Directives 90 / 219 / EEC and 90 / 220 / EEC ( genetically
modified organisms ) and 90 / 157 / EEC ( 11th adaptation
of Directive 67 / 548 / EEC concerning the classification,
packaging and labelling of dangerous substances ), which
became applicable in 1991 .

2.11.2 . Conformity of national measures with Community

law

Supplementary legislation on air quality is still lacking . A
general Law to transpose most of the directives in their
entirety has been notified, but a ministerial Decree is still
needed to set limit and guidance values .

September 1987 ( Case C-291 / 84 ). Portugal has notified the Commission of a list of fish

and shellfish waters, stating that legislation will be
passed . But designations to be made pursuant to
2.10.2 . Conformity of national measures with Community Decreto-Lei No 74 / 90, laying down quality standards
for them, will be made only in 1995 .

law

Where legislation is passed in a new area, it is generally
found to be in order, sometimes being even stricter than
Community law formally demands . Problems arise, if at
all, where existing legislation needs adapting .

It should be noted here that the Court of Justice gave
judgment on 20 May 1991 in a case concerning Directive

82 / 501 / EEC ( industrial accidents ) ( Case C-190 / 90 ) and
on 6 February 1992 in a case concerning Directive
79 / 409 / EEC ( wild birds ) ( Case C-75 / 91 ).

2.11.3 . Practical application

Complaints received by the Commission extend to
virtually all areas of Community environment law and
particularly waste disposal, water pollution and Directive

85 / 337 / EEC ( environmental impact assessment ).

Nature is inadequately protected generally, and is speci ­
fically, vulnerable to the impact of measures to promote

30 . 8 . 93 Official Journal of the European Communities No C 233 / 55

economic and industrial development and the devel ­
opment of tourism .

The Commission has not yet received the Portuguese
programme for implementation of Directive
91 / 157 / EEC ( batteries and accumulators ) and is not
satisfied with the second programme submitted under
Directive 85 / 339 / EEC ( containers of liquids for human
consumption ).

2.12 . United Kingdom

so designated it in 1987 . The Commission decided to
commence other proceedings concerning the pollution of
soil and surface water by discharges of contaminated
water from the closed Wheal Jane mine in Cornwall,
contrary to Directives 80 / 68 / EEC ( groundwater ) and
76 / 464 / EEC .

The number of complaints relating to Directive
85 / 337 / EEC ( environmental impact assessment )
remained high .

As regards the air quality directives, proceedings are still
in motion on the application of Directive 85 / 203 / EEC
2.12.1 . Late transposal ( nitrogen dioxide ).

National implementing measures have been received for
Directives 88 / 180 / EEC and 88 / 181 / EEC amending
Directive 84 / 538 / EEC ( sound level of lawnmowers ).

3 . THE SITUATION SECTOR BY SECTOR

National measures implementing Directives 91 / 157 / EEC 3.1 . Air
( batteries and accumulators ), 91 / 244 / EEC ( wild birds ),
91 / 326 / EEC and 91 / 410 / EEC, ( 13th and 14th

The

amendments to Directive 67 / 548 / EEC concerning the
classification, packaging and labelling of dangerous new

not

substances ) and 92 / 14 / EEC ( limitation of the operation 84 / 360 /
of aircraft ) have still to be notified .

2.12.2 . Conformity of national measures with Community

law

The British authorities have undertaken to amend the
legislation transposing Directive 85 / 337 / EEC to rectify
certain inadequacies established by the Commission . But
they stand by their view that the Directive applies only to
projects for which authorizations were requested after
the implementing legislation came into effect . The
Commission 's view is that it applies to projects auth ­
orized after 3 July 1988, and has decided to issue a
reasoned opinion concerning this aspect and the
application of the Directive in specific cases .
Infringement proceedings have been commenced for
incomplete transposal of Directive 86 / 609 / EEC
( protection of animals used for experimental purposes ).

2.12.3 . Practical application

Court of Justice Case C-337 / 89 concerned the
application of Directive 80 / 778 / EEC ( drinking water );
Case C-56 / 90 concerning the application of Directive
76 / 160 / EEC ( bathing water ) in Blackpool, Formby and
Southport is in motion . The Court gave judgment in the
former case on 25 November - 1992 . In the latter case, the
United Kingdom argues that Blackpool beach was not
designated as a bathing area in 1985 and came within the
scope of the Directive only when the British authorities

The obligation for administrative authorities to insist that
new industrial plants use the best technologies which do
not impose excessive cost burdens ( Directive
84 / 360 / EEC ) is not observed . The information available
to the Commission is too unreliable . The general
impression is that there are wide differences of interpre ­
tation of the concept from one Member State to another .
The Commission has not been notified of the policies
and strategies adopted by the Member States for the
gradual adaptation of existing plants to the best techno ­
logies . The situation regarding the application of air
quality directives ( 80 / 779 / EEC on SO2 and suspended
particulates, 82 / 884 / EEC on lead, and 85 / 203 / EEC on
NOx ) has not evolved, and plans and programmes to
clean up sensitive areas are sadly lacking, despite clear
obligations to produce them . Several Member States have
still to notify programmes to reduce pollution required
by Directive 88 / 609 / EEC ( large combustion plants ).

3.2 . Chemicals

3.2.1 . Late transposal

The problems with the transposal of the directives

amending Directive 67 / 548 / EEC, the basic directive
concerning the classification, packaging and labelling of
dangerous substances, subsist, though the situation
regarding the transposal of the tenth and eleventh adap ­
tations to technical progress ( 88 / 490 / EEC and
90 / 517 / EEC ) has improved . Current difficulties now
concern the transposal of the 12th, 13th and 14th adap ­
tations ( 91 / 325 / EEC, 91 / 326 / EEC and 91 / 410 / EEC );
only three Member States have so far transposed all
three . The situation is even more unsatisfactory as

No C 233 / 56 Official Journal of the European Communities 30 . 8 . 93

regards the transposal of the two directives concerning
genetically modified organisms ( 90 / 219 / EEC and
90 / 220 / EEC ), for which the deadline was October 1991 .
Several countries have still not transposed them, and
infringement proceedings are in motion ( Italy, Spain,
Luxembourg, Portugal, Greece ). The asbestos Directive
( 87 / 217 / EEC ) is creating transposal problems in Italy .

3.2.2 . Practical application

The judgment given by the Court of Justice on 20 May

1992 in Case C  - 190 / 90 Commission v. Netherlands,
declaring that the Netherlands had not taken the
measures needed to comply with that Directive, is of
particular interest .

3.3 . Water

3.3.1 . Late transposal

Most of the delays accumulated in recent years have now
been made up . France has replaced a series of circulars
by adequately publicized mandatory instruments .

But there is still no legislation transposing Directive
80 / 778 / EEC ( drinking water ) in Northern Ireland .

Directive 90 / 415 / EEC ( dangerous substances in the
aquatic environment ) was due for transposal in 1992 but
has been transposed by only seven Member States —
Belgium, Denmark, Spain, France, Italy, Luxembourg
and the Netherlands . The Commission has commenced
infringement proceedings against the other five Member
States .

3.3.2 . Conformity of national measures with Community

law

There has already been a quantitative improvement in
the transposal of water directives, and there now appears
to be a qualitative improvement in addition .

Cases of incorrect implementation mentioned in this
report concern Directive 75 / 440 / EEC ( surface water ) in
Belgium and Germany, Directive 80 / 778 / EEC ( drinking
water ) in Italy and Germany and Directive 76 / 160 / EEC
( bathing water ).

In Germany, many of the water directives were
transposed by instruments not enjoying adequate
publicity or mandatory status . The measures ought to be
replaced, as in France, by measures having the proper

status .

3.3.3 . Practical application

The Commission 's infringement proceedings against all
the Member States for failure to notify programmes for

the reduction of pollution by 99 dangerous substances on
list I in the Annex to Directive 76 / 464 / EEC have been
fully successful in Denmark and partly successful in the
Netherlands ( where there is no provision for water
quality standards in terms of the full range of
substances ).

As regards drinking water ( Directive 80 / 778 / EEC ), the
problem of excess concentrations of pesticides and
nitrates is as acute as ever in most of the Member States
where intensive agriculture is practised .

Apart from the anticipated benefits of the new Directive

( 91 / 676 / EEC ) on protection of waters against pollution
caused by nitrates from agricultural sources, it would be
desirable for the reform of the common agricultural
policy and the set-aside measures that go with it to
secure better protection of the Community 's drinking
water, notably by making use of the possibilities offered
by stronger protection of catchment areas .

There has been a general improvement in the quality of
Community bathing waters ; overall, sea waters remain of
a higher quality than inland waters .

All the seaboard Member States except the United
Kingdom and Germany have fecal and total coliform
values that are 85 % or more in line with Directive

76 / 160 / EEC .

As regards fishing water ( Directive 78 / 659 / EEC ) and
shellfish water ( Directive 79 / 923 / EEC ), the problem is
either the inadequate extent of geographical coverage or
the absence of proper information ; designations are not
made by published instruments enjoying mandatory legal

status .

3.4 . Noise

3.4.1 . Late transposal

The only directive that became applicable in 1992 was
Directive 92 / 14 / EEC ( limitation of operation of aero ­
planes ), which establishes restrictions, to be brought in
by stages on 1 April 1995 and 1 April 2002, on the use of
civilian subsonic jet aircraft not complying with specific
noise standards . Four Member States have notified the
Commission of national implementing measures .

3.4.2 . Practical application

There are no special problems to be reported in the
application of the noise directives in 1992 . As was stated
in earlier reports, these directives establish standards
applicable to new products brought on to the market .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 57

They do not apply to ambient noise generated by the
combined effect of multiple sources . Some complaints
received by the Commission this year concern urban
noise generated by, for instance, traffic jams and
industrial plants close to residential areas . The existing
noise directives proceed from the sound emission
concept, and are therefore not applicable to such
problems, which must be treated outside the context of
Community law .

3.5 . Waste

3.5.1 . Late transposal

Directive 91 / 157 / EEC was due to be transposed in 1992
and the programmes must now be notified .

In the 45 infringement proceedings in progress in the
waste area, four concern failure to notify national
implementing measures, five concern the incompatibility
of national legislation with the requirements of the
directives and 36 concern incorrect ( or incomplete )
application .

Proceedings are in hand for late transposal of Directives
86 / 278 / EEC ( sewage sludge ) and 78 / 176 / EEC
( titanium dioxide ).

3.5.2 . Conformity of national provisions with Community

law and incorrect application

The Member States are defaulting on their obligation to
supply many of the reports required by the environ ­
mental directives . The Commission has commenced
proceedings against the Member States that have not
presented their reports on the waste directives .

Waste management is manifestly a source of difficulty .
The problems most frequently raised concern :

— pollution of surface and drinking water by waste

discharged in or near rivers and other waterways ;

— unsatisfactory management of dumps ;

— plans to locate dumps in places where the water table

is an important source of drinking water, and plans
drawn up without advance environmental impact

assessment ;

— unauthorized dumping remains a problem ; such
dumps have been detected in bird habitats and need
urgent solutions ;

— illegal waste disposal .

3.6 . Nature

3.6.1 . Flora and fauna

This was the year of the long-awaited adoption of
Directive 92 / 43 / EEC on the conservation of natural
habitats and of wild fauna and flora, which supplies the
legal basis for the establishment and protection of a
Community network of major habitats called ' Natura
2000 '.

Preparatory work on the implementation of the new
Directive is in hand ; a committee has been formed for
the purpose and financial assistance will be available
under the LIFE Regulation .

The need to ensure compatibility of Community
financial assistance with the Community 's own policy on
protection of habitats is more and more acute, as has
been revealed by some unfortunate experiences in the
past . The adoption of Regulation ( EEC ) No 2078 / 92 on
agricultural production methods compatible with the
requirements of protection of the environment and the
maintenance of the countryside is a substantial step
forward .

3.6.2 . Late transposal

The problem of late transposal of Directive 91 / 244 / EEC

( wild birds ) is revealed in all its acuteness by the country
sections of this report .

3.6.3 . Conformity of national measures with Community

law

The problems mentioned in earlier reports regarding

Directive 79 / 409 / EEC ( wild birds ) have not been solved,
though it is hoped that initiatives such as the ORNIS
database centralizing information on bird life will help
the Member States in drafting their legislation on
shooting .

3.6.4 . Practical application

The inadequate protection of habitats is the most serious
problem met in applying Directive 79 / 409 / EEC . Every
year new habitats are added to the lists, but progress
remains slow .

As a question of Community interest, the protection of
habitats will acquire growing importance, and there is an
urgent need to coordinate all the action undertaken
under existing instruments that are already applicable .

3.7 . Radiation protection

3.7.1 . Health protection for workers and the general popu ­

lation

Directive 80 / 836 / Euratom, as amended by Directive
84 / 467 / Euratom, is the basic instrument governing

No C 233 / 58 Official Journal of the European Communities 30 . 8 . 93

protection against ionizing radiation . Directives have
been in force since 1959 ; the 1980 Directive is the most
recent updating of basic standards . Consequently the
legislation transposing the basic standards exists in all the
Member States .

The Commission has commenced infringement
proceedings against several Member States to correct
defects in their legislation since the Euratom Treaty
demands the establishment of uniform standards and
confers on the Commission the task of harmonizing
legislation by directives under the Treaty .

Member States have responded to infringement
proceedings by taking the requisite implementing
measures, and great progress has been made in the
transposal of the Directive . The bulk of the proceedings
have been terminated .

The Commission is currently reviewing the basic
standards in the light of developments in technical and
scientific knowledge . This makes it difficult to monitor
the application of the Directive since the Member States
are already pleading the new standards ( notably the
tighter rules on maximum doses ) in support of
departures from the current Directive . They found
support for this in the judgment given by the Court of
Justice on 25 November 1992 in Case C-376 / 90
Commission v. Belgium, holding that the Member States
are entitled to set levels of protection that are stricter
than those of the Directive .

3.7.2 . Radiation protection of patients

Directive 84 / 466 / Euratom supplements Directive
80 / 836 / Euratom as regards persons undergoing medical
examination or treatment involving exposure to ionizing
radiation . The aim is to preclude unnecessary exposure
while preserving its beneficial effects .

Since the transposal date on 1 January 1986, all the
Member States have had their implementing measures in

place . But because the Directive covers a wide range of
matters ( training, monitoring, technical standards ), the
relevant national legislation is often difficult to identify,
and the Commission has been obliged to commence
infringement proceedings against several Member States .

3.7.3 . Information for the public in the event of a radiation

emergency

The Chernobyl accident showed that the information
given to the public was a source of confusion rather than
confidence . Directive 89 / 61 8 / Euratom ( deadline
27 November 1991 ) sets out to establish a coherent
policy to be applied by the Member States .

The Directive came in for serious attention from the
Community 's citizens and from Members of Parliament .
There was an abundance of written questions on its
transposal by the Member States .

4 . Progress in implementing directives applicable to the
environment

Directives
Member State
applicable

Directives

for which

measures
have been

notified

%

Belgium 110 103 94

Denmark 110 109 99

Germany 110 103 92

Greece 110 95 86

Spain 110 100 91

France 110 106 96

Ireland 110 99 90

Italy 110 91 83

Luxembourg 110 101 92

Netherlands 110 107 97

Portugal 110 98 89

United Kingdom 110 102 93

H. OTHER AREAS

1 . EXTERNAL RELATIONS

The Commission has established that in many cases the
Member States do not comply with their obligations in
relation to advance information and consultation under
Decision 74 / 393 / EEC in the context of cooperation
agreements between them and non-member countries .

On 14 October 1992 the Court of Justice declared that
preece had failed to meet its obligations under Regu ­
lation ( EEC ) No 288 / 82 on common rules for imports,
Regulation ( EEC ) No 3420 / 83 on import arrangements
for products originating in State-trading countries, the
EEC-Sweden agreement and the EEC Treaty, by
entering matches on List D, which is not published, and

30 . 8 . 93 Official Journal of the European Communities No C 233 / 59

thereby disallowing import licences for matches from Netherlands were terminated when the Commission
Sweden and Bulgaria . The Court further held that the received their implementing measures .
first paragraph of Article 5 of the EEC Treaty was
violated by the refusal to supply the Commission with
the texts of legislation relating to List D on the pretext
Directive 90 / 377 / EEC ( transparency of prices ) has been
that they did not exist .
transposed by nine Member States . France and Spain
have proposed measures but not yet adopted them .
Transposal has been delayed in Germany, but would

2 . COMMUNITY STAFF

In May 1990 Belgium responded to infringement
proceedings by passing legislation allowing pension
transfers . Initial operations have shown that the subro ­
gation technique underlying the Belgian legislation is in
many cases a source of difficulty . The Commission is
engaged in discussions with the Belgian authorities in
order to solve the problems .

With respect to the aggregation of family allowances
under the Staff Regulations of Officials of the European
Communities, the Communities and Germany came to
an agreement on the amount of compensation to be paid
to the Communities for the period from 31 January 1975
to 30 April 1987, during which the Communities paid
allowances to those entitled . The infringement
proceedings have been terminated accordingly .

The Spanish authorities have amended the legislation
applicable to tax-free imports of vehicles belonging to
former staff in response to a reasoned opinion issued in

1992 . The new legislation is in line with Community law
( Protocol on Privileges and Immunities ). The
Commission is still discussing with the Spanish auth ­
orities certain individual cases that arose under the old

law .

Belgium has only partly complied with the judgment
given by the Court of Justice on 5 April 1990 ( Case
C-6 / 89 ), declaring incompatible with Community law
the 50 % reduction in the top-up salaries or grants paid
to members of the teaching staff seconded to the
European Schools . The Commission has accordingly sent
Belgium an Article 171 letter .

appear to be imminent . The infringement proceedings
against these Member States are being pursued ; those
against Denmark, the Netherlands and Portugal were
terminated in 1992 .

Directive 90 / 547 / EEC ( transit of electricity ) has been
transposed by eleven Member States . In Spain measures
have been prepared but not adopted .

Directive 91 / 296 / EEC ( transit of gas ) has been
transposed in Belgium, Denmark, Ireland, Luxembourg,
the Netherlands and the United Kingdom . Measures are
in progress in Germany, Greece, Spain and France . Italy
and Portugal have yet to notify measures .

After the Commission sent Germany a letter giving
formal notice of proceedings relating, to coal under
Article 88 ECSC, the German Government notified the

Commission of the results of the 1991 ' Kohlerunde ',
stating that this constituted the plans for restructuring,
rationalizing and modernizing the German coal industry
required by Decision 89 / 296 / ECSC . The plans are
under scrutiny .

Having received a satisfactory reply from Spain in
similar proceedings, the Commission terminated them in

1992 .

The Commission terminated its proceedings against
Portugal for failure to transpose Directives 78 / 170 / EEC

and 82 / 885 / EEC on heat generators, since Directive
92 / 42 / EEC on efficiency requirements for new
hot-water boilers fired with liquid or gaseous fuels
amends them .

3 . ENERGY On 4 March 1992 (*) penalties were imposed by the
Commission under Article 83 of the Euratom Treaty on
a firm that had seriously breached the safeguards rules .
Inspections carried out in 1991 revealed a series of
3.1 . Commission action irregular practices ; they were confirmed at an inventory
audit carried out by Euratom inspectors .

All the Member States have transposed Directive
85 / 536 / EEC on the use of substitute fuel components in
petrol . The proceedings against Italy and the O OJ No L 88, 3 . 4 . 1992, p. 24 .

No C 233 / 60 Official Journal of the European Communities 30 . 8 . 93

Comparable proceedings against France were terminated
3.2 . Progress in implementing directives applicable to energy when VAT resources were paid over with interest .

Directives

for which

measures

have been

Directives
Member State applicable measures % 5 . STATISTICAL MATTERS

%

notified

Belgium 14 13 93

Denmark 14 13 93

Germany 14 11 79

Greece 14 12 86

Spain 14 10 71

France 14 11 79

Ireland 14 13 93

Italy 14 12 86

Luxembourg 14 13 93

Netherlands 14 13 93

Portugal 14 12 86

United Kingdom 14 13 93

4 . BUDGETARY MATTERS

The Commission addressed a reasoned opinion to
Greece in order to have own resources ( VAT on
motorway tolls ) made available with interest for late

payment .

Several Council Directives provide for the transmission
of agricultural statistics regularly used by management
committees . The nature of the data, and the frequency
and timing of notification, have been determined with
the Member States so as to meet the needs of these
committees . Measures can be devised properly only if the
statistics available for use by the committees are fully
reliable and available on time .

In 1988 the Commission commenced proceedings against
Italy for failure to supply reliable statistics on cattle
herds . Comparison of its figures with those for previous
years, with those given for the purposes of calculating
milk cow premiums and with other data supplied by Italy
to the management committees raised doubts as to the
correctness of data supplied . Considerable progress has
since then been made in establishing agricultural statistics
in Italy . The Commission adopted a Decision
( 90 / 501 / EEC, 4 October 1990 ) amending certain defi ­
nitions and hopes that doubts surrounding these statistics
can be cleared up once the final results of the 1990 agri ­
cultural census are available in March 1993 .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 61

ANNEX I

SUSPECTED INFRINGEMENTS — 1988 to 1992

Table 1.1 .

Suspected infringements — Origin

Year Complaints Parliamentary questions

Cases detected
Petitions by Commission

Total

1988 929 82 8 752 1 771

1989 1 199 46 105 962 2 312

1990 1 274 32 18 268 1 592

1991 1 052 126 18 237 1 433

1992 1 185 45 33 282 1 545

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30 . 8 . 93 Official Journal of the European [Communities]

' No C 233 / 63

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30 . 8 . 93 Official Journal of the European Communities No C 233 / 67

Table 1.3 .

Suspected infringements — Action taken

Established
Year Total cases Terminated In motion infringements

1988 1 771 828 55 888

1989 2 312 1 065 225 1 022

1990 1 592 815 29 7 480

1991 1 432 661 394 3 77

1992 1 545 2 77 1 163 105

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ANNEX III

INFRINGEMENTS OF TREATIES, REGULATIONS AND DECISIONS

External relations Number : 90 / 0193

Title : Limit on the use of edible gelatine in certain
foodstuffs

Leg . base : 157E171

GREECE Ro . dd : Date reasoned opinion sent : 91 / 04 / 05

Dd . ref : Date of referral : 92 / 03 / 10

Case No : C-92 / 074
Dd . wd : Date of decision to withdraw proceedings :
92 / 10 / 13
Number : 88 / 0505
Title : ' Delta list ', matches from Bulgaria and Sweden
Leg Ro . dd . base : : Date 382R1765 reasoned ; 383R3420 opinion ; 157E005 sent : 90 / 01 / 22 Title Number : : 90 Restriction / 0546 on the free movement of radio broad ­
Dd . ref : Date of referral : 91 / 02 / 14
Case No : C-9 1 / 065 casting services
Dd . ju .: Date of judgment : 92 / 10 / 14 Leg . base : 1 57E059 ; 1 57E090
Ju . for .: Commission Ro . dd : Date reasoned opinion sent : 91 / 10 / 21

External relations

GREECE

Number : 90 / 0546
Title : Restriction on the free movement of radio broad ­

casting services
Leg . base : 1 57E059 ; 1 57E090
Ro . dd : Date reasoned opinion sent : 91 / 10 / 21

Number : 90 / 0591
Title : Seizure of wireless telephones
Internal market and industrial affairs Leg . base : 157E030
Dd . cl : Date of termination : 92 / 12 / 23

BELGIUM DENMARK

Number : 82 / 0316
Title : Refusal to grant import licences for codeine
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 83 / 09 / 19

Number : 89 / 0035
Title : Duplication of tests on imports of sterile medical
accessories
Leg . base : 1 57E030 ; 1 57E036
Ro . dd : Date reasoned opinion sent : 91 / 09 / 30
Dd . ref : Date of referral : 92 / 09 / 25

Case No : C-92 / 373

Number : 89 / 0538
Title : Order concerning radio installations and the
reception of broadcasts via telecom satellites ( not .

87 / 55 )
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 90 / 04 / 06

Number : 90 / 0365
Title : Obligatory patent licences
Leg . base : 1 57E030 ; 1 57E036
Ro . dd : Date reasoned opinion sent : 91 / 05 / 08

GERMANY

Number : 89 / 0566
Title : State compensation for victims of acts of violence
Leg . base : 157E007
Ro . dd : Date reasoned opinion sent : 91 / 03 / 13 Number :
Dd . ref : Date of referral : 92 / 03 / 12 Title :

Case No : C-92 / 078
Dd . wd : Date of decision to withdraw proceedings : Leg . base :
92 / 07 / 09 Ro dd :

Amendment to the German law on foodstuffs
following the ' Cassis de Dijon ' judgment

157E030
Date reasoned opinion sent : 88 / 06 / 03

88 / 0061
Importation of medicines by individuals for their
personal use

157E030

Date reasoned opinion sent : 88 / 11 / 23
Date of referral : 90 / 03 / 13

C-90 / 062
Date of judgment : 92 / 04 / 08
Commission

Number : 86 / 0518

Title :

Leg . base :
Ro . dd :

Number : 90 / 0069 Number :
Title : Decree of the Flemish community on television Title :
cables
Leg . base : 1 57E052 ; 1 57E056 ; 1 57E059 Leg . base :
Ro . dd : Date reasoned opinion sent : 91 / 02 / 14 Ro . dd :
Dd . ref : Date of referral : 91 / 08 / 08 Dd . ref :
Case No : C-91 / 211 Case No :
Dd . ju .: Date of judgment : 92 / 12 / 16 Dd . ju .:
Ju . for .: Commission Ju . for .:

No C 233 / 128 Official Journal of the European Communities 30 . 8 . 93

Number : 89 / 0104

Title : Importation of flame arresters
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 90 / 11 / 30

Number : 89 / 0166
Title : Labelling of medical equipment
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 90 / 07 / 30

Number : 90 / 0261
Title : Parallel importation of pharmaceutical products
Leg . base : 1 57E030 ; 1 57E036
Suspension of the procedure ( pending adoption of new legis ­
lation )

Number : 91 / 0204
Title : Restrictions on freedom to provide services and

freedom of establishment — television

Leg . base :
Ro . dd :

Number :

Title :

Leg . base :
Dd . cl :

SPAIN

157E052 ; 157E053 ; 157E059 ; 157E221
Date reasoned opinion sent : 92 / 03 / 16

91 / 4175

Public supply contract — submarine telecommu ­
nications cable

157E030

Date of termination : 92 / 05 / 06

Number : 90 / 0555

Title : Parallel
Leg . base : 157E030
Ro . dd :

Title : Parallel importation of pharmaceutical products Number : 87 / 0311
Leg . base : 157E030 ; 157E036 Title : Obstacles to the importation of biscuit and
Ro . dd : Date reasoned opinion sent : 91 / 12 / 31 chocolate products

Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 88 / 04 / 26
GREECE Dd . cl : Date of termination : 92 / 01 / 29

Parallel importation of pharmaceutical products

157E030 ; 157E036
Date reasoned opinion sent : 91 / 12 / 31

Number : 90 / 0265
Title : Freedom to provide services — cinema industry
Leg . base : 1 57E056 ; 1 57E059
Ro . dd : Date reasoned opinion sent : 91 / 06 / 07

Number : 87 / 0113 Number : 90 / 0265
Title : Restrictions on freedom to provide services as Title : Freedom to provide services — cinema
tourist guides Leg . base : 1 57E056 ; 1 57E059
Leg . base : 157E059 Ro . dd : Date reasoned opinion sent : 91 / 06 / 07
Ro . dd : Date reasoned opinion sent : 88 / 04 / 20
Dd . ref : Date of referral : 89 / 06 / 20

Number : 90 / 0388

Case No : C-89 / 198
Dd . ju .: Date of judgment : 91 / 02 / 26 Title : Restrictions on freedom to provide
Ju . for .: Commission tourist guides
Dd . 171 : Date Art . 171 letter sent : 92 / 05 / 18 Leg . base : 157E005 ; 157E048 ; 157E052 : 157E059
Ro . dd : Date reasoned opinion sent : 91 / 10 / 14
Dd . ref : Date of referral : 92 / 10 / 01

Number : 89 / 0165

Case No : C-92 / 375

Number : 90 / 0388
Title : Restrictions on freedom to provide services as
tourist guides

Number : 89 / 0165
Title : Nationality condition for access to work as
architect, engineer or surveyor
Leg . base : 157E052 ; 157E059 ; 157E171
Ro . dd : Date reasoned opinion sent : 90 / 01 / 22
Dd . ref : Date of referral : 90 / 10 / 24

Case No : C-90 / 328
Dd . ju .: Date of judgment : 92 / 01 / 30
Ju . for .: Commission

FRANCE

Number : 85 / 0269
Title : Refusal to grant import licences for codeine
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 87 / 11 / 12

Number : 85 / 0499
Title : Freedom of establishment and freedom to provide
services in overseas territories
Leg . base : 380D1 186 ; 386D0283
Ro . dd : Date reasoned opinion sent : 87 / 05 / 27
Dd . ref : Date of referral : 88 / 09 / 23

Case No : C-88 / 263
Dd . ju .: Date of judgment : 90 / 12 / 12
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 92 / 06 / 05

Number : 89 / 0354
Title : Sale of baby foods exclusively through phar ­
macists

Leg . base : 157E030 ; 157E036
Ro . dd : Date reasoned opinion sent : 91 / 10 / 28
Dd . ref : Date of referral : 92 / 1 1 / 09

Case No : C-92 / 391

Number : 90 / 0331

Title : Prohibition on sale of beers other than

malt-based beers
Leg . base : 157E030 ; 157E171
Ro . dd : Date reasoned opinion sent : 84 / 04 / 03
Dd . ref : Date of referral : 84 / 07 / 09

Case No : C-84 / 176
Dd . ju .: Date of judgment : 87 / 03 / 12
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 90 / 07 / 02

Number : 86 / 0432
Title : Restrictions on the freedom to provide services as
tourist guides
Leg . base : 157E059
Ro . dd : Date reasoned opinion sent : 88 / 05 / 02
Dd . ref : Date of referral : 89 / 04 / 28

Case No : C-89 / 154
Dd . ju .: Date of judgment : 91 / 02 / 26
Ju . for .: Commission

Number : 90 / 5177 Case No : C-89 / 154
Title : Public contract — telecommunications Dd . ju .: Date of judgment : 91 / 02 / 26
Leg . base : 157E030 Ju . for .: Commission
Dd . cl : Date of termination : 92 / 05 / 06 Dd . 171 : Date Art . 171 letter sent : 92 / 05 / 18

30 . 8 . 93 Official Journal of the European Communities No C 233 / 129

Number : 89 / 0574
Title : Prohibition on applying the description
' escargots ' to agate snails
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 91 / 04 / 05

Number : 89 / 0576
Title : Approval of tanks for the transport of dangerous
products
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 92 / 06 / 1 7

Number : 90 / 0037
Title : Estate agents ' permits
Leg . base : 157E005 ; 157E052 ; 157E059 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 12 / 10

ITALY

Number : 87 / 0071
Title : Restrictions on the freedom to provide services as
tourist guides
Leg . base : 157E059
Ro . dd : Date reasoned opinion sent : 88 / 04 / 20
Dd . ref : Date of referral : 89 / 05 / 25

Case No : C-89 / 180
Dd . ju .: Date of judgment : 91 / 02 / 26
Ju . for .: Commission

Number : 87 / 0424
Title : Import licences for the exploitation of new plant
varieties and patents
Leg . base : 157E030 ; 371R2358
Ro . dd : Date reasoned opinion sent : 89 / 02 / 10
Dd . ref : Date of referral : 89 / 07 / 28

Case No : C-89 / 235
Dd . ju .: Date of judgment : 92 / 02 / 18
Ju . for .: Commission

Number : 88 / 0340

Title : Refusal to recognize qualifications in
physiotherapy and osteopathy
Leg . base : 1 57E007 ; 1 57E048 ; 1 57E052 ; 1 57E059
Ro . dd : Date reasoned opinion sent : 89 / 06 / 15
Dd . ref : Date of referral : 90 / 03 / 09

Case No : C-90 / 058
Dd . ju .: Date of judgment : 91 / 07 / 25
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 92 / 09 / 21

Number : 88 / 0373
Title : Nationality requirement ( guides, journalists,
licensed pharmacists )
Leg . base : 157E052 ; 157E059 ; 157E171
Ro . dd : Date reasoned opinion sent : 89 / 11 / 21
Dd . ref : Date of referral : 90 / 10 / 01

Case No : C-90 / 29 7

Number : 90 / 0397
Title : Marketing of wholemeal bread
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 91 / 03 / 18

Number : 90 / 2018
Title : National rules on pasta products
Leg . base : 157E030
Suspension of the procedure ( pending adoption of new legis ­
lation )

Number : 91 / 0315
Title : Refusal of permit to open a private detective

agency
Leg . base : 1 57E048 ; 1 57E052 ; 1 57E059
Ro . dd : Date reasoned opinion sent : 92 / 05 / 18

Number : 91 / 0708
Title : Organization of the Verona customs office
Leg . base : 1 57E005 ; 1 57E030 ; 1 57E036
Ro . dd : Date reasoned opinion sent : 92 / 06 / 05

Number : 91 / 0710

Title : Public contracts

Leg . base : 157E030 ; 157E036
Ro . dd : Date reasoned opinion sent : 92 / 04 / 10

LUXEMBOURG

Number : 89 / 0106
Title : Refusal of Permission to open a second dentist 's

surgery
Leg . base : 1 57E048 ; 1 57E052
Ro . dd : Date reasoned opinion sent : 89 / 11 / 21
Dd . ref : Date of referral : 90 / 11 / 29

Case No : C-90 / 351
Dd . ju .: Date of judgment : 92 / 06 / 16
Ju . for .: Commission

Number : 89 / 0227
Title : Importation of fish products containing
saccharine

Ro . dd : Date reasoned opinion sent : 90 / 03 / 27
Dd . cl : Date of termination : 92 / 06 / 10

Number : 89 / 0568
Title : State compensation for victims of acts of violence
Leg . base : 157E007
Ro . dd : Date reasoned opinion sent : 91 / 02 / 08
Dd . ref : Date of referral : 92 / 03 / 24

Case No : C-92 / 096
Dd . wd : Date of decision to withdraw proceedings :
92 / 07 / 13

NETHERLANDS

Number : 89 / 0567
Title : Compensation for victims of acts of violence
Leg . base : 157E007
Ro . dd : Date reasoned opinion sent : 91 / 02 / 26

Number : 91 / 0557
Title : Public lending rights — law and cultural policy
Leg . base : 1 57E007 ; 1 57E059 ; 1 57E052
Dd . cl : Date of termination : 91 / 04 / 05

No C 233 / 130 Official Journal of the European Communities 30 . 8 . 93

PORTUGAL FRANCE

Number : 90 / 0178

Title : Patent licences
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 91 / 06 / 04

UNITED KINGDOM

Number : 82 / 0320
Title : Refusal to grant import licences for codeine
Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 83 / 09 / 06

Number : 89 / 0034

Title : Patent licences

Leg . base : 157E030
Ro . dd : Date reasoned opinion sent : 89 / 08 / 28
Dd . ref : Date of referral : 90 / 01 / 3 1

Case No : C-90 / 030
Dd . ju .: Date of judgment : 92 / 02 / 18
Ju . for .: Commission

Competition

BELGIUM

Number : 89 / 0030
Title : Aid for Idealspun / Beaulieu
Leg . base : 157E171 ; 384D0508
Ro . dd : Date reasoned opinion sent : 89 / 08 / 30
Dd . ref : Date of referral : 89 / 12 / 18

Case No : C-89 / 375
Dd . ju .: Date of judgment : 91 / 02 / 19
Ju . for .: Commission

DENMARK

Number : 91 / 0752
Title : Exclusive rights — gas
Leg . base : 157E030 ; 157E034 ; 157E037
Ro . dd : Date reasoned opinion sent : 92 / 11 / 26

SPAIN

Number : 87 / 0361
Title : Adjustment of petroleum monopoly
Leg . base : 1851048 ; 157E030
Ro . dd : Date reasoned opinion sent : 87 / 12 / 21

Number : 91 / 0755
Title : Exclusive rights — electricity
Leg . base : 157E030 ; 157E034 ; 157E037 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 11 / 26

Number : 91 / 0751
Title : Exclusive rights — gas and electricity
Leg . base : 1 57E037 ; 1 57E030 ; 1 57E034
Ro . dd : Date reasoned opinion sent : 92 / 11 / 26

IRELAND

Number : 91 / 0756
Title : Exclusive rights — electricity
Leg . base : 157E030 ; 157E034 ; 157E037
Ro . dd : Date reasoned opinion sent : 92 / 11 / 26

ITALY

Number : 91 / 0757
Title : Exclusive rights — electricity
Leg . base : 157E030 ; 157E034 ; 157E037
Ro . dd : Date reasoned opinion sent : 92 / 11 / 26

NETHERLANDS

Number : 91 / 0759
Title : Exclusive rights — electricity
Leg . base : 157E030 ; 157E037
Ro . dd : Date reasoned opinion sent : 92 / 11 / 26

PORTUGAL

Number : 88 / 0540
Title : Minimum price for imported spirits
Leg . base : 157E030 ; 1851208 ; 1851002 ; 1851202 ; 157E030 ;
157E037 ; 157E009 ; 157E012 ; 1851193
Ro . dd : Date reasoned opinion sent : 90 / 01 / 16
Dd . ref : Date of referral : 90 / 12 / 1 1

Case No : C-90 / 361

Number : 89 / 0021
Title : Adjustment of petroleum monopoly
Leg . base : 1851208 ; 157E012 ; 157E030 ; 157E095
Ro . dd : date reasoned opinion sent : 90 / 01 / 16

Employment and social policy

BELGIUM

Number : 87 / 0207
Title : Nationality requirement ( postal services, telecom ­
munications, radio and television )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 87 / 0208
Title : Nationality requirement for access to
employment in a university hospital
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

30 . 8 . 93 Official Journal of the European Communities No C 233 / 131

Number : 88 / 0364
Title : Disguised discrimination in the granting of
welfare or social security benefits
Leg . base : 157E048 ; 368R1612 ; 371R1408 ; 683J0249 ;
684J0122 ; 683J0261 ; 673J0187 ; 674J0039 ;
675J0007

Ro . dd : Date reasoned opinion sent : 89 / 08 / 28
Dd . ref : Date of referral : 90 / 10 / 23

Case No : C-90 / 326
Dd . ju .: Date of judgment : 92 / 11 / 10
Ju . for .: Commission

Number : 89 / 0457
Title : Financing of students — discrimination on
grounds of nationality
Leg . base : 157E007 ; 157E128
Ro . dd : Date reasoned opinion sent : 91 / 03 / 21

Number : 90 / 0383
Title : Failure to comply with a court ruling on the
calculation of pensions under Community law
Leg . base : 371R1408
Ro . dd : Date reasoned opinion sent : 91 / 04 / 02

Number : 90 / 0401
Title : Conditions for access to employment aboard
ships
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 91 / 04 / 23

Number : 91 / 0572
Title : Access to employment ( public and State ­
subsidized education )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0573
Title : Access to employment ( sea and air transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0574
Title : Access to employment ( water, gas and electricity
supply )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0575
Title : Access to employment ( urban and local transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

GERMANY

Number : 87 / 0282
Title : Equal opportunities in respect of tax relief
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 89 / 03 / 01

Number : 89 / 0116

Title : Taxation of non-residents

Leg . base : 368R1612 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 02 / 19

Number : 89 / 0466
Title : Equal opportunities under bilateral social security

agreements
Leg . base : 371R1408 ; 157E007 ; 157E048
Ro . dd : Date reasoned opinion sent : 91 / 04 / 15

Number : 91 / 0611
Title : Access to employment ( land transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0612
Title : Access to employment ( non-military research )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0613
Title : Access to employment ( water supply )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0614
Title : Access to employment ( postal services and tele ­
communications )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0615
Title : Equal opportunities with German nationals
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

GREECE

Number : 90 / 0339
Title : Refusal by railway company to offer conces ­
sionary fares
Leg . base : 368R1612 ; 157E052 ; 157E005
Ro . dd : Date reasoned opinion sent : 92 / 10 / 08

Number : 90 / 0360
Title : Conditions for access to employment aboard
ships
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 91 / 12 / 16

Number : 91 / 0583
Title : Discrimination on grounds of nationality —
access to employment ( public electricity
company )
Leg . base : 368R1612 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

No C 233 / 132 Official Journal of the European Communities 30 . 8 . 93

Number : 91 / 0584
Title : Discrimination on grounds of nationality —
access to employment ( doctors in State hospitals )
Leg . base : 368R1612 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0585
Title : Access to employment ( State education )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0586
Title : Access to employment ( air and sea transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0587
Title : Access to employment ( land transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0588
Title : Access to employment ( non-military research )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

Number : 91 / 0589
Title : Access to employment ( postal services, telecom ­
munications, radio and television )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 13

SPAIN

Number : 90 / 0402
Title : Conditions for access to employment aboard
ships
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 02 / 04

Number : 91 / 0625
Title : Discrimination on grounds of nationality ( state
education )
Leg . base : 368R0612 ; 157E048 ; 157E007
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0626
Title : Access to employment ( postal services, telecom ­
munications, radio and television )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0628
Title : Access to employment ( public health )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0629
Title : Access to employment ( non-military research )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0630
Title : Access to employment ( sea transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0631

Title : Access to employment ( air transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

FRANCE

Number : 89 / 0409

Title : Taxation of non-residents
Leg . base : 368R1612 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 02 / 04

Number : 90 / 0284
Title : Conditions for access to employment aboard
ships
Leg . base : 157E048 ; 368R1612 ; 157E005
Ro . dd : Date reasoned opinion sent : 91 / 04 / 17

Number : 90 / 0714
Title : Calculation of ceiling on unemployment benefits
Leg . base : 371R1408 ; 157E051
Ro . dd : Date reasoned opinion sent : 91 / 12 / 16

Number : 91 / 0233
Title : Access to employment ( sea and river transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 08 / 06

Number : 91 / 0616
Title : Refusal to totalize Belgian insurance periods and
to grant French unemployment benefits
Leg . base : 371R1408
Ro . dd : Date reasoned opinion sent : 92 / 06 / 15

ITALY

Number : 87 / 0212
Title : Nationality requirement for access to
employment in various public bodies
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 11 / 09

Number : 87 / 0213
Title : Nationality requirement for access to
employment in State education
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 10 / 15

30 . 8 . 93 Official Journal of the European Communities No C 233 / 133

Number : 90 / 0361
Title : Conditions for access to employment aboard
ships
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 91 / 07 / 19

Number : 91 / 0576
Title : Discrimination on grounds of nationality ( access
to employment in the State-run gas and water
industries )
Leg . base : 368R1612 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 10 / 15

Number : 91 / 0577
Title : Access to employment ( postal services, telecom ­
munications, radio and television )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 10 / 15

Number : 91 / 0578

Title : Access to employment ( air transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 10 / 15

Number : 91 / 0579
Title : Access to employment ( non-military research )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 10 / 15

Number : 91 / 0580
Title : Access to employment ( urban and regional
transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 10 / 15

Number : 91 / 0581
Title : Access to employment ( transport by sea or inland
waterways )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 11 / 09

Number : 91 / 0582
Title : Access to employment ( public health )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 10 / 15

LUXEMBOURG

Number : 87 / 0420
Title : Residence conditions for ante-natal and maternity
benefits

Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 90 / 07 / 06
Dd . ref : Date of referral : 91 / 04 / 15

Case No : C-9 1 / 111

Number : 89 / 0408
Title : Income tax law ( taxation of non-residents )
Leg . base : 368R1612 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 02 / 04

Number : 89 / 0521
Title : Discrimination on grounds of nationality
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 90 / 10 / 23
Dd . ref : Date of referral : 92 / 04 / 13

Case No : C-92 / 118

Number : 91 / 0222
Title : Access to employment ( land transport )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 14

Number : 91 / 0223
Title : Access to employment ( non-military research )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 14

Number : 91 / 0224
Title : Access to employment ( State education )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 14

Number : 91 / 0225
Title : Access to employment ( postal services and tele ­
communications )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 14

Number : 91 / 0226
Title : Access to employment ( water, gas and electricity
supply sectors )
Leg . base : 157E048 ; 368R1612
Ro . dd : Date reasoned opinion sent : 92 / 07 / 14 :
SG(92)D / 9489

Number : 91 / 0228
Title : Discrimination on grounds of nationality —
access to employment ( nurses in State hospitals )
Leg . base : 368R1612 ; 157E048
Ro . dd : Date reasoned opinion sent : 92 / 07 / 14

Agriculture

GERMANY

Number : 90 / 0375

Title : Imports of live crayfish
Leg . base : 157E030 ; 381R3796
Ro . dd : Date reasoned opinion sent : 90 / 12 / 15

GREECE

Number : 85 / 0068
Title : Import prices for sheep and goats from Hungary
Leg . base : 380R1837 ; 382R0019 ; 383R0020 ; 157E113 ;
157E030 : 157E171

Ro . dd : Date reasoned opinion sent : 86 / 02 / 25
Dd . ref : Date of referral : 87 / 04 / 15

Case No : C-87 / 127

No C 233 / 134 Official Journal of the European Communities 30 . 8 . 93

Number : 91 / 0617 UNITED KINGDOM
Title : Imports of cheese
Leg . base : 157E030 ; 368R0804
Ro . dd : Number : 91 / 0541

157E030 ; 368R0804
Date reasoned opinion sent : 92 / 05 / 18

SPAIN

Number : 91 / 0742
Title : Difficulties affecting the importation of deep ­

frozen minced meat into Spain

Number : 91 / 0639

Title : Scottish Pride
Leg . base : 378R1422 ; 379R1565
Ro . dd : Date reasoned opinion sent : 92 / 05 / 07

Community staff

BELGIUM

Number : 84 / 0303
Title : Transfer of pension rights
Leg . base : 157F / PRO / PRI ; 157E171
Ro . dd : Date reasoned opinion sent : 79 / 07 / 24
Dd . ref : Date of referral : 80 / 06 / 09

Case No : C-80 / 137
Dd . ju .: Date of judgment : 81 / 10 / 19
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 84 / 07 / 31

Number : 88 / 0065
Title : 50 % reduction in salaries paid by Belgian auth ­
orities to Belgian teachers ' on secondment
Leg . base : 157E005
Ro . dd : Date reasoned opinion sent : 88 / 07 / 07
Dd . ref : Date of referral : 89 / 01 / 09

Case No : C-89 / 006
Dd . ju .: Date of judgment : 90 / 04 / 05
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 92 / 10 / 13
Dd . ro . 171 : Date Art . 171 reasoned opinion sent : 85 / 05 / 08

SPAIN

Number : 89 / 0557
Title : Difficulty encountered by a temporary member of
staff on importing a tax-free car
Leg . base : 165F / PRO / PRI
Ro . dd : Date reasoned opinion sent : 92 / 06 / 24

Environment

FRANCE

Number : 86 / 0225

Title : Rules on international trade in wild animal and
plant species in danger of extinction
Leg . base : 382R3626 ; 157E005
Ro . dd : Date reasoned opinion sent : 87 / 11 / 04
Dd . ref : Date of referral : 89 / 05 / 25

Case No : C-89 / 182
Dd . ju .: Date of judgment : 90 / 11 / 29
Ju . for .: Commission

Number : 91 / 0541
Title : MMB : restrictions on disposal of milk
Leg . base : 368R0804 ; 378R1422
Ro . dd : Date reasoned opinion sent : 91 / 09 / 23
Dd . ref : Date of referral : 92 / 02 / 13

Case No : C-92 / 040

Leg . base :
Ro . dd :

157E030

Date reasoned opinion sent : 92 / 07 / 15

Number : 91 / 4019
Title : Intra-Community trade in live sheep
Leg . base : 157E030 ; 391L0068
Ro . dd : Date reasoned opinion sent : 92 / 10 / 01

FRANCE

Number : 89 / 0161
Title : Strategic stocks of wine held by the Comite inter ­

professionnel des vins doux
Leg . base : 387R0822 ; 387R0823 ; 157E085 : 362R0017

Ro . dd : Date reasoned opinion sent : 90 / 06 / 19
Dd . ref : Date of referral : 91 / 10 / 04

Case No : C-9 1 / 249

Number : 91 / 4135
Title : Reallocation of quotas becoming available
Leg . base : 384R0857 ; 390R2138 ; 390R1183
Ro . dd : Date reasoned opinion sent : 92 / 12 / 23

ITALY

Number : 84 / 0085
Title : Restrictions on the marketing of fractionated
concentrated butter
Leg . base : 368R0804 ; 379R0262
Ro . dd : Date reasoned opinion sent : 84 / 09 / 05
Dd . ref : Date of referral : 88 / 03 / 03

Case No : C-88 / 067
Dd . ju .: Date of judgment : 90 / 11 / 27
Ju . for .: Commission

Number : 85 / 0068
Title : Quality standards for fruit and vegetables

Leg . base : 157E171 ; 372R1035 ; 369R2638 ; 380R2150

Ro . dd : Date reasoned opinion sent : 85 / 09 / 26
Dd . ref : Date of referral : 86 / 03 / 11

Case No : C-86 / 069
Dd . ju .: Date of judgment:87 / 02 / 12
Ju . for .: Commission

Number : 86 / 0215
Title : Restrictions on the marketing of oils and fats
Leg . base : 157E030 ; 366R0136
Ro . dd : Date reasoned opinion sent : 87 / 05 / 04
Dd . ref : Date of referral : 88 / 03 / 03

Case No : C-88 / 067; / 2
Dd . ju .: Date of judgment : 90 / 11 / 27
Ju . for .: Commission

30 . 8 . 93 Official Journal of the European Communities No C 233 / 135

Fisheries IRELAND

DENMARK Number : 85 / 0394
Title : Incompatibility with Community law of Fisheries
Amendment Act 1983

Number : 90 / 0481 Leg . base : 157E052

Ro . dd : Date reasoned opinion sent : 86 / 12 / 16

Title : Failure to comply with obligation to inspect — Dd . ref : Date of referral : 89 / 03 / 21
overfishing 1988 Case No : C-89 / 093
Leg . base : 383R0170 ; 387R3977 ; 387R2241 Dd . ju .: Date of judgment : 91 / 10 / 04
Ro . dd : Date reasoned opinion sent : 92 / 10 / 28 Ju . for .: Commission

SPAIN

Number : 87 / 0405
Title : Failure to comply with obligation to record
catches ( ICES divisions )
Leg . base : 382R2057 ; 385R3777 ; 386R4034
Ro . dd : Date reasoned opinion sent : 88 / 10 / 26
Dd . ref : Date of referral : 89 / 08 / 14

Case No : C-89 / 258
Dd . ju .: Date of judgment : 91 / 07 / 25
Ju . for .: Commission

Number : 88 / 0356
Title : Requirement to cooperate — inspection and
monitoring of fishing activities
Leg . base : 382R2057 ; 387R2241
Ro . dd : Date reasoned opinion sent : 89 / 11 / 20

FRANCE

Number : 84 / 0445
Title : Inadequate monitoring of compliance with
technical measures

Leg . base : 382R2057 ; 383R0171
Ro . dd : Date reasoned opinion sent : 86 / 11 / 18
Dd . ref : Date of referral : 88 / 02 / 29

Case No : C-88 / 064
Dd . ju .: Date of judgment : 91 / 06 / 11
Ju . for .: Commission

Number : 89 / 0277
Title : Prosecution of infringements against the
Community rules on logbooks
Leg . base : 387R2241 ; 383R2807
Ro . dd : Date reasoned opinion sent : 91 / 02 / 20

Number : 90 / 0205
Title : Failure to notify catches subject to TACs or

quotas
Leg . base : 387R2241 ; 157E005
Ro . dd : Date reasoned opinion sent : 91 / 06 / 24

Number : 90 / 0418
Title : Failure to comply with obligation to inspect —
overfishing 1988
Leg . base : 387R3977 ; 383R0170 ; 387R2241
Ro . dd : Date reasoned opinion sent : 92 / 09 / 29

Number : 88 / 0187
Title : Ban on UK vessels fishing in Irish waters and
related measures

Leg . base : 376R0101 ; 381R3796
Ro . dd : Date reasoned opinion sent : 89 / 05 / 24
Dd . ref : Date of referral : 89 / 09 / 12

Case No : C-89 / 280
Dd . ju .: Date of judgment : 92 / 12 / 02
Ju . for .: Commission

ITALY

Number : 86 / 0188
Title : Failure to provide information required under the
common organization of the market in fishery
products
Leg . base : 381R3796 ; 382R3191
Ro . dd : Date reasoned opinion sent : 87 / 12 / 09
Dd . ref : Date of referral : 88 / 07 / 29

Case No : C-88 / 209

Dd . ju .: Date of judgment : 90 / 1 1 / 27
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 92 / 09 / 07

NETHERLANDS

Number : 86 / 0370

Title : Overfishing 1986 .
Leg . base : 385R3721
Ro . dd : Date reasoned opinion sent : 88 / 11 / 21
Dd . ref : Date of referral : 91 / 02 / 05

Case No : C-91 / 052

Number : 88 / 0477

Title : Overfishing 1987
Leg . base : 386R4034 ; 383R0170 ; 382R2057
Ro . dd : Date reasoned opinion sent : 91 / 07 / 25

UNITED KINGDOM

Number : 87 / 0398

Title : Overfishing 1985-1986
Leg . base : 385R3721 ; 385R3732 ; 383R0170 ; 382R2057
Ro . dd : Date reasoned opinion sent : 89 / 02 / 09

No C 233 / 136 Official Journal of the European Communities 30 . 8 . 93

Number : 87 / 0520 DENMARK
Title : Extension of territorial waters
Leg . base : 172B100 ; 383R0170
Ro . dd : Date reasoned opinion sent : 88 / 06 / 09
Dd . ref : Date of referral : 89 / 04 / 25 Number : 84 / 0343
Case No : C-89 / 146 Title : Duty-free imports of military equipment
Dd . ju .: Date of judgment : 91 / 07 / 09 Leg . base : 157E009 ; 157E028 ; 368R0950
Ju . for .: Commission Ro . dd : Date reasoned opinion sent : 85 / 07 / 25

Number : 88 / 0186

Title : Fishing vessels : restrictions on free movement of
persons and exports of goods
Leg . base : 157E034 ; 157E048 ; 157E052 ; 157E059 ;
368R1612
Ro . dd : Date reasoned opinion sent : 89 / 05 / 24
Dd . ref : Date of referral : 89 / 09 / 12

Case No : C-89 / 279
Dd . ju .: Date of judgment : 92 / 11 / 17
Ju . for .: Commission

Number : 89 / 0087
Title : Merchant Shipping Act
Leg . base : 157E048 ; 157E052 ; 157E059
Ro . dd : Date reasoned opinion sent : 89 / 05 / 29
Dd . ref : Date of referral : 89 / 08 / 04

Case No : C-89 / 246
Dd . ju .: Date of judgment : 91 / 10 / 04
Ju . for .: Commission

Freedom to provide financial services

ITALY

Number : 91 / 0835
Title : Financial services ( brokerage )
Leg . base : 157E052 ; 157E059
Ro . dd : Date reasoned opinion sent : 92 / 10 / 19

Customs union and indirect taxation

BELGIUM

Number : 83 / 0187

Title : Excise duty on beer
Leg . base : 157E095 ; 157E096 ; 157E171
Ro . dd : Date reasoned opinion sent : 87 / 02 / 02
Dd . ref : Date of referral : 89 / 04 / 2 7

Case No : C-89 / 153
Dd . ju .: Date of judgment : 91 / 06 / 26
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 92 / 08 / 06

Number : 84 / 0342
Title : Duty-free imports of military equipment
Leg . base : 157E009 ; 157E028 ; 368R0950
Ro . dd : Date reasoned opinion sent : 85 / 07 / 25

Number : 90 / 0027

Title : Taxation of ' pétillant de raisin '
Leg . base : 157E095
Ro . dd : Date reasoned opinion sent : 91 / 04 / 16

Number : 88 / 0275
Title : VAT on silver-plated cutlery
Leg . base : 157E095
Ro . dd : Date reasoned opinion sent : 89 / 06 / 29

Number : 88 / 0369
Title : Taxes on imported cars
Leg . base : 157E095 ; 157E171
Ro . dd : Date reasoned opinion sent : 89 / 07 / 07
Dd . ref : Date of referral : 90 / 10 / 24

Case No : C-90 / 32 7
Dd . ju .: Date of judgment : 92 / 05 / 12
Ju . for .: Commission

Number : 89 / 0038
Title : Discriminatory VAT on instant coffee
Leg . base : 157E095
Ro . dd : Date reasoned opinion sent : 91 / 06 / 03

Number : 89 / 0627
Title : Discriminatory tax on imported cars
Leg . base : 157E095
Ro . dd : Date reasoned opinion sent : 90 / 03 / 16
Dd . ref : Date of referral : 91 / 04 / 03

Case No : C-91 / 105
Dd . ju .: Date of judgment : 92 / 11 / 17
Ju . for .: Commission

SPAIN

Number : 90 / 0078
Title : Duty-free imports of military equipment
Leg . base : 387R2658 ; 157E028
Ro . dd : Date reasoned opinion sent : 92 / 12 / 31

GREECE

Number : 86 / 0126
Title : Duty-free imports of military equipment
Leg . base : 157E009 ; 157E028 : 368R0950
Ro . dd : Date reasoned opinion sent : 90 / 05 / 02

Number :

Title :

87 / 0341
Higher VAT on imported spirits than on national
products

Leg . base : 157E095 : 157E171
Ro . dd : Date reasoned opinion sent : 88 / 06 / 08
Dd . ref : Date of referral : 89 / 07 / 20

Case No : C-89 / 230
Dd . ju .: Date of judgment : 91 / 04 / 18
Ju . for .: Commission

30 . 8 . 93 Official Journal of the European Communities No G 233 / 137

ITALY

Number : 83 / 0158

Title : Excise duty on beer
Leg . base : 1 57E095 ; 1 57E096
Ro . dd : Date reasoned opinion sent : 87 / 02 / 02
Dd . ref : Date of referral : 90 / 07 / 31

Case No : C-90 / 238

Number : 84 / 0345
Title : Duty-free imports of military equipment
Leg . base : 157E009 ; 157E028 ; 368R0950
Ro . dd : Date reasoned opinion sent : 85 / 07 / 25

Number : 90 / 0253

Title : Customs agents : monopoly and charges

Leg . base : 157E007 ; 157E030 ; 157E034 ; 157E059 ;
385R3632 : 377R0222
Ro . dd : Date reasoned opinion sent : 91 / 04 / 16
Dd . ref : Date of referral : 92 / 04 / 14

Case No : C-92 / 119

LUXEMBOURG

Number : 83 / 0188

Title : Excise duty on beer
Leg . base : 1 57E095 ; 1 57E096
Ro . dd : Date reasoned opinion sent : 87 / 02 / 02
Dd . ref : Date of referral : 89 / 04 / 27

Case No : C-89 / 152
Dd . ju .: Date of judgment : 91 / 06 / 26
Ju . for .: Commission

Dd . 171 : Date Art . 171 letter sent : 92 / 08 / 06

Number : 84 / 0346
Title : Duty-free imports of military equipment
Leg . base : 157E009 ; 157E028 ; 368R0950
Ro . dd : Date reasoned opinion sent : 85 / 07 / 25

NETHERLANDS

Number : 83 / 0189

Title : Excise duty on beer
Leg . base : 1 57E095 ; 1 57E096
Ro . dd : Date reasoned opinion sent : 87 / 02 / 02
Dd . ref : Date of referral : 89 / 09 / 14

Case No : C-89 / 282
Dd . wd : Date of decision to withdraw proceedings :
92 / 10 / 19

Number : 84 / 0347

Title : Duty-free imports of military equipment
Leg . base : 157E009 ; 157E028 ; 368R0950
Ro . dd : Date reasoned opinion sent : 85 / 07 / 25

Number : 91 / 0694

Title : Taxation of fruit wines

Leg . base : 157E095
Ro . dd : Date reasoned opinion sent : 92 / 12 / 22

PORTUGAL

Number : 89 / 0093

Title : Differential taxation of motor vehicles
Leg . base : 157E095
Ro . dd : Date reasoned opinion sent : 90 / 08 / 02

Number : 91 / 0735
Title : Use of motor vehicle by frontier worker
Leg . base : 686J0127
Ro . dd : Date reasoned opinion sent : 92 / 12 / 22

UNITED KINGDOM

Number : 84 / 0126

Title : Civil aircraft exempted from customs duties and
subsequently used as military aircraft
Leg . base : 377R1535
Ro . dd : Date reasoned opinion sent : 85 / 06 / 06 :
SG(85)D / 6932

Number : 84 / 0344
Title : Duty-free imports of military equipment
Leg . base : 157E009 ; 157E028 ; 368R0950
Ro . dd : Date reasoned opinion sent : 85 / 07 / 25

Enterprise policy, tourism and cooperatives

SPAIN

Number : 87 / 0352
Title : Discrimination in museum admission charges
Leg . base : 1 57E059 ; 1 57E048 ; 1 57E052 ; 1 57E007
Ro . dd : Date reasoned opinion sent : 88 / 07 / 08

Legal matters

LUXEMBOURG

Number : 88 / 0309
Title : Privileged treatment for claims relating to ECSC
levies
Leg . base : 386D0198
Ro . dd : Date reasoned opinion sent : 89 / 06 / 28

No C 233 / 138 Official Journal of the European Communities 30 . 8 . 93

ANNEX IV

REPORT ON THE APPLICATION OF DIRECTIVES

62 / 2005 65 / 0066
Carriage of goods by road Foodstuffs for human consumption — preservatives
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

62 / 2645

Foodstuffs for human consumption — colouring matter
Member States which have notified implementing measures : all

63 / 0261
Freedom of establishment for agricultural workers
Member States which have notified implementing measures : all

66 / 0400

Beet seed
Member States which have notified implementing measures : all
Portugal — 91 / 0490, no measures notified, reasoned opinion

in 1991 — terminated in 1992

66 / 0401
Fodder-plant seed
Member States which have notified implementing measures : all
Portugal — 90 / 0893, no measures notified, reasoned opinion

63 / 0262 in 1991 — terminated in 1992
Freedom of establishment on abandoned agricultural holdings
Member States which have notified implementing measures : all

64 / 0054
Foodstuffs for human consumption — preservatives
Member States which have notified implementing measures : all

64 / 0225

Freedom of establishment
Member States which have notified implementing measures : all

64 / 0432

Health problems — trade in animals
Member States which have notified implementing measures : all
Belgium — 85 / 0484, not properly applied, judgment 5.7.90 —

Case C-304 / 88 — terminated in 1992

Italy — 88 / 0314, not properly applied, reasoned opinion in

1989 — terminated in 1992

Portugal — 91 / 0698, not properly applied, referral in 1992 —

Case C-52 / 92

64 / 0433

Health problems — trade in meat
Member States which have notified implementing measures : all
Belgium — 90 / 0070, not properly applied, reasoned opinion in

1989 — terminated in 1992

Italy — 89 / 0448, not properly applied, referral in 1991 —

Case C-329 / 91

65 / 0001
Freedom to provide services — agriculture
Member States which have notified implementing measures : all
Greece — 90 / 0003, no measures notified, reasoned opinion in

1991 — terminated in 1992

65 / 0065
Proprietary medicinal products
Member States which have notified implementing measures : all

66 / 0402

Cereal seed
Member States which have notified implementing measures : all

66 / 0403
Seed potatoes
Member States which have notified implementing measures : all

66 / 0404

Forest reproductive material
Member States which have notified implementing measures : all
Portugal — 91 / 0491, no measures notified, reasoned opinion

in 1991 ( to be terminated in 1993 )

66 / 0600

Health problems — trade in animals
Member States which have notified implementing measures : all

67 / 0227

First VAT Directive
Member States which have notified implementing measures : all

67 / 0427

Preservatives on citrus fruit
Member States which have notified implementing measures : all

67 / 0530
Freedom for farmers to transfer from one holding to another
Member States which have notified implementing measures : all

67 / 0654
Freedom of establishment — forestry
Member States which have notified implementing measures : all

68 / 0089
Classification of wood in the rough
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 139

68 / 0151 69 / 0063
First Directive on company law Fodder-plant seed
Member States which have notified implementing measures : all Member States which have notified implementing measures : all
Germany — 90 / 0322, not properly applied, reasoned opinion Portugal — 91 / 0894, no measures notified, reasoned opinion

in 1992

in 1991 — terminated in 1992

68 / 0192 69 / 0064

Freedom of access to credit for farmers Reproductive material
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

Portugal — 91 / 0496, no measures notified, reasoned opinion

68 / 0193
Material for the propagation of vines
Member States which have notified implementing measures : all
Portugal — 91 / 0494, no measures notified, reasoned opinion

in 1991 — terminated in 1992

68 / 0360

Movement and residence of workers
Member States which have notified implementing measures : all
Netherlands — 87 / 0382, not properly applied, formal notice

( 171 ) in 1992 — terminated in 1992

68 / 0365
Freedom of establishment — food-manufacturing industries
Member States which have notified implementing measures : all

68 / 0366
Food-manufacturing industries
Member States which have notified implementing measures : all

68 / 0367
Freedom of establishment — personal services
Member States which have notified implementing measures : all

in 1991 ( to be terminated in 1993 )

69 / 0077

Activities of the self-employed in the manufacturing and
processing industries
Member States which have notified implementing measures : all

69 / 0082

Freedom of establishment — oil exploration
Member States which have notified implementing measures : all
Spain — 90 / 0525, no measures notified, reasoned opinion in

1991 — terminated in 1992

69 / 0169

Tax-free allowances for travellers
Member States which have notified implementing measures : all
Denmark — 87 / 0298, not properly applied, judgment 17.10.91

— Case C    - 100 / 90 — terminated in 1992

Germany — 85 / 0320, not properly applied, reasoned opinion

in 1986

Spain — 89 / 0129, not properly applied, judgment 9.6.92 —

Case C-96 / 91

Ireland — 87 / 0247, not properly applied, judgment 12.6.90

— Case C    - 158 / 88 — terminated in 1992

Ireland — 86 / 0096, not properly applied, judgment 16.12.90

— Case C-367 / 88 — terminated in 1992
68 / 0369

Freedom of establishment — film distribution
Member States which have notified implementing measures : all 69 / 0208

68 / 0414

Crude-oil stocks
Member States which have notified implementing measures : all

68 / 0415

Freedom of access to aid for farmers
Member States which have notified implementing measures : all

69 / 0060

Cereal seed
Member States which have notified implementing measures : all

69 / 0061

Beet seed
Member States which have notified implementing measures : all
Portugal — 91 / 0495, no measures notified, reasoned opinion

in 1991 — terminated in 1992

69 / 0062
Seed potatoes s
Member States which have notified implementing measures : all

Seed of oil and fibre plants
Member States which have notified implementing measures : all
Portugal — 91 / 0497, no measures notified, reasoned opinion

in 1991 — terminated in 1992

69 / 0335
Indirect taxes on the raising of capital
Member States which have notified implementing measures : all
Italy — 90 / 0028, not properly implemented, referral in 1991

— Case C-176 / 91

69 / 0464
Control of potato wart disease
Member States which have notified implementing measures : all

69 / 0465
Control of potato cyst eelworm
Member States which have notified implementing measures : all

69 / 0466

Control of San Jose scale
Member States which have notified implementing measures : all

No C 233 / 140 Official Journal of the European Communities 30 . 8 . 93

69 / 0493

Crystal glass
Member States which have notified implementing measures : all

70 / 0156
Type-approval of motor vehicles
Member States which have notified implementing measures : all

70 / 0157

Sound level of motor vehicles

Member States which have notified implementing measures : all

71 / 0018
Freedom of establishment — agriculture and horticulture
Member States which have notified implementing measures : all

71 / 0118
Health problems — trade in poultrymeat
Member States which have notified implementing measures : all
Greece — 88 / 0129, not properly applied, referral in 1990 —

Case C-375 / 90

Portugal — 91 / 0867, no measures notified, reasoned opinion

in 1992 — terminated in 1992

70 / 0220
71 / 0127

Air pollution from engines Rear-view mirrors of motor vehicles
Member States which have notified implementing measures : all

Member States which have notified implementing measures : all

70 / 0221

Fuel tanks

Member States which have notified implementing measures : all

70 / 0222
Mounting of motor-vehicle registration plates
Member States which have notified implementing measures : all

71 / 0140

Material for the propagation of vines
Member States which have notified implementing measures : all
Portugal — 91 / 0500, no measures notified, reasoned opinion

in 1991 — terminated in 1992

71 / 0161

70 / 0311 Forest reproductive material

Steering equipment for motor vehicles Member States which have notified implementing measures : all
Member States which have notified implementing measures : all Portugal — 91 / 0501, no measures notified, reasoned opinion

in 1991 ( to be terminated in 1993 )

70 / 0357
Foodstuffs for human consumption — anti-oxidants
Member States which have notified implementing measures : all

71 / 0162

Seed

Member States which have notified implementing measures : all
Portugal — 91 / 0915, no measures notified, reasoned opinion

70 / 0373 Portugal —, no measures
in 1991 — terminated in 1992

Feedingstuffs — official control
Member States which have notified implementing measures : all

70 / 0387

Doors of motor vehicles
Member States which have notified implementing measures : all

70 / 0388
Audible warning devices for motor vehicles
Member States which have notified implementing measures : all

71 / 0250

Feedingstuffs — official control
Member States which have notified implementing measures : all

71 / 0285
Health problems — trade in animals
Member States which have notified implementing measures : all

70 / 0451 71 / 0305
Freedom of establishment — film production Public works contracts
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

Denmark — 89 / 0316, not properly applied, referral in 1989

70 / 0457
Common catalogue of varieties of plant species
Member States which have notified implementing measures : all

70 / 0458

Vegetable seed
Member States which have notified implementing measures : all
Portugal — 91 / 0499, no measures notified, reasoned opinion

in 1991 — terminated in 1992

70 / 0524
Feedingstuffs — additives
Member States which have notified implementing measures : all

— Case C-243 / 89

Germany — 89 / 0195, not properly applied, reasoned
opinion in 1990
Germany — 89 / 0535, not properly applied, reasoned
opinion in 1990
Spain — 89 / 0654, not properly applied, judgment
18.3.92 — Case C-24 / 91 — terminated in

1992

Italy — 88 / 0342, not properly applied, judgment 3.6.92

— Case C-360 / 89 — terminated in 1992

Italy — 89 / 0541, not properly applied, reasoned
opinion in 1990
Italy — 90 / 0029, not properly applied, referral in 1992

— Case C    - 107 / 92

30 . 8 . 93 Official Journal of the European Communities No C 233 / 141

Italy — 90 / 0183, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Italy — 90 / 0200, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Italy — 90 / 0405, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Italy — 91 / 0200, not properly applied, referral in 1992

— Case C-296 / 92

Netherlands — 87 / 0406, not properly applied, reasoned
opinion in 1988
Netherlands — 91 / 0765, not properly applied, reasoned
opinion in 1992 — terminated in 1992

72 / 0168

Vegetable varieties

Member States which have notified implementing measures : all
Portugal — 91 / 0502, no measures notified, reasoned opinion

in 1991 — terminated in 1992

72 / 0169

Vine varieties
Member States which have notified implementing measures : all
Portugal — 91 / 0503, no measures notified, reasoned opinion

in 1991 — terminated in 1992

72 / 0180
71 / 0307

Textile names

Agricultural varieties

Member States which have notified implementing measures : all

71 / 0316

Measuring instruments
Member States which have notified implementing measures : all

71 / 0317
Medium accuracy weights
Member States which have notified implementing measures : all

71 / 0318

Gas volume meters
Member States which have notified implementing measures : all

71 / 0319

Meters for liquids
Member States which have notified implementing measures : all

Member States which have notified implementing measures : all
Portugal — 91 / 0504, no measures notified, reasoned opinion

in 1991 — terminated in 1992

72 / 0199
Feedingstuffs — official controls
Member States which have notified implementing measures : all

72 / 0230

Tax and excise duties in international travel
Member States which have notified implementing measures : all

72 / 0245
Radio interference from engines
Member States which have notified implementing measures : all

72 / 0274

Seed
Member States which have notified implementing measures : all
Portugal — 91 / 0916, no measures notified, reasoned opinion

71 / 0320 in 1991 — terminated in 1992
Braking devices of motor vehicles
Member States which have notified implementing measures : all

72 / 0275
Feedingstuffs — official control
71 / 0347 Member States which have notified implementing measures : all
Measuring of grain
Member States which have notified implementing measures : all

72 / 0276

Analysis of textile fibres

71 / 0348 Member States which have notified implementing measures : all

Meters for liquids
Member States which have notified implementing measures : all

72 / 0306
Emission of pollutants from diesel engines
71 / 0349 Member States which have notified implementing measures : all
Calibration of the tanks of vessels
Member States which have notified implementing measures : all

71 / 0393
Feedingstuffs — official control
Member States which have notified implementing measures : all

72 / 0418

Seed

Member States which have notified implementing measures : all
Portugal — 90 / 0866, no measures notified, reasoned opinion

in 1991 — terminated in 1992

72 / 0166 72 / 0425

First Directive on insurance for motor vehicles Oil stocks
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

No C 233 / 142 Official Journal of the European Communities 30 . 8 . 93

72 / 0426 73 / 0148
Carriage of goods by road Movement and residence of nationals of the Member States
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

Belgium — 90 / 0143, not properly applied, reasoned opinion in

1992

72 / 0427

Measuring instruments
Member States which have notified implementing measures : all 73 / 0150
Health problems — live animals
Member States which have notified implementing measures : all

72 / 0445
Health problems — trade in live animals
Member States which have notified implementing measures : all 73 / 0183
Freedom of establishment for banks
Member States which have notified implementing measures : all

72 / 0461
Health Member problems States which — trade have in notified meat implementing measures : all 73 / 0238
Oil supply difficulties
Member States which have notified implementing measures : all

72 / 0462

Health problems — animals and meat from non — member 73 / 0239
countries
First Directive on insurance other than life assurance
Member States which have notified implementing measures : all Member States which have notified implementing measures : all
Spain — 89 / 0262, not properly implemented, reasoned opinion

in 1990 — terminated in 1992
72 / 0464

Taxes on tobacco
Member States which have notified implementing measures : all
France — 85 / 0271, not properly applied, judgment 13.7.88 —

Case C-169 / 87

Italy — 89 / 0006, not properly applied, referral in 1991 —

Case C-306 / 91

73 / 0241

Cocoa and chocolate
Member States which have notified implementing measures : all

73 / 0350

Sound level of motor vehicles
73 / 0023 Member States which have notified implementing measures : all

Electrical equipment — low tension
Member States which have notified implementing measures : all
Italy — 89 / 0224, not properly applied, reasoned opinion in

1989 — terminated in 1992

Italy — 90 / 0486, not properly applied, reasoned opinion in

1991 — terminated in 1992

73 / 0037

73 / 0360

Weighing machines

Member States which have notified implementing measures : all
Greece — 90 / 0486, not properly applied, reasoned opinion in

1991 — terminated in 1992

73 / 0361
Inward processing
Member States which have notified implementing measures : all Marking of wire-ropes, chains and hooks

Member States which have notified implementing measures : all

73 / 0044
Analysis of textile fibres
Member States which have notified implementing measures : all

73 / 0046
Feedingstuffs — official control
Member States which have notified implementing measures : all

73 / 0047
Feedingstuffs — official control
Member States which have notified implementing measures : all

73 / 0362
Measures of length
Member States which have notified implementing measures : all

73 / 0404

Detergents
Member States which have notified implementing measures : all

73 / 0405

Detergents
Member States which have notified implementing measures : all

73 / 0103 73 / 0437
Feedingstuffs — additives Sugars
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 143

73 / 0438 74 / 0297
Seed Interior fittings of motor vehicles
Member States which have notified implementing measures : all Member States which have notified implementing measures : all
Portugal — 90 / 0873, no measures notified, reasoned opinion

in 1991 — terminated in 1992

74 / 0329

Foodstuffs for human consumption — additives
74 / 0013 Member States which have notified implementing measures : all

Forest reproductive material
Member States which have notified implementing measures : all 74 / 0331
Portugal — 91 / 0492, no measures notified, reasoned opinion Gas

in 1991 ( to be terminated in 1993 )

74 / 0060
Interior fittings of motor vehicles
Member States which have notified implementing measures : all

74 / 0061
Devices to prevent the unauthorized use of motor vehicles
Member States which have notified implementing measures : all

74 / 0063

Feedingstuffs — undesirable substances
Member States which have notified implementing measures : all

74 / 0132
Braking devices of motor vehicles
Member States which have notified implementing measures : all

74 / 0148
Weights of above-medium accuracy
Member States which have notified implementing measures : all

74 / 0149
Carriage of goods by road
Member States which have notified implementing measures : all

74 / 0150
Type-approval of tractors
Member States which have notified implementing measures : all

74 / 0151

Characteristics of tractors
Member States which have notified implementing measures : all

74 / 0152
Maximum speed of tractors
Member States which have notified implementing measures : all

74 / 0203
Feedingstuffs — official control
Member States which have notified implementing measures : all

74 / 0268
Fodder-plant and cereal seed
Member States which have notified implementing measures : all

74 / 0290
Air pollution from engines

Member States which have notified implementing measures : all

Gas volume meters
Member States which have notified implementing measures : all

74 / 0346

Rear-view mirrors of tractors

Member States which have notified implementing measures : all

74 / 0347
Windscreen wipers of tractors

Member States which have notified implementing measures : all

74 / 0408
Interior fittings of motor vehicles
Member States which have notified implementing measures : all

74 / 0409

Honey
Member States which have notified implementing measures : all

74 / 0483
External projections of motor vehicles
Member States which have notified implementing measures : all

74 / 0561
Admission to the occupation of road haulage operator

Member States which have notified implementing measures : all

74 / 0562
Admission to the occupation of road passenger transport

operator
Member States which have notified implementing measures : all
Portugal — 90 / 0926, no measures notified, reasoned opinion

in 1992 — terminated in 1992

74 / 0577
Stunning of animals before slaughter
Member States which have notified implementing measures : all

74 / 0647

Control of carnation leaf-rollers

Member States which have notified implementing measures : all

74 / 0648
Material for the propagation of vines
Member States which have notified implementing measures : all
Portugal — 90 / 0493, no measures notified, reasoned opinion

in 1991 — terminated in 1992

74 / 0649

Material for the propagation of vines
Member States which have notified implementing measures : all
Portugal — 90 / 0505, no measures notified, reasoned opinion

in 1991 — terminated in 1992

No C 233 / 144 Official Journal of the European Communities 30 . 8 . 93

74 / 0651
Tax exemptions for small consignments

Member States which have notified implementing measures : all

75 / 0324

Aerosols

Member States which have notified implementing measures : all
Portugal — 90 / 0817, no measures notified, reasoned opinion

in 1991 — terminated in 1992

75 / 0033

Water meters

Member States which have notified implementing measures : all 75 / 0339
Fossil fuel stocks
Member States which have notified implementing measures : all

75 / 0084
Feedingstuffs — official control
Member States which have notified implementing measures : all 75 / 0362

75 / 0106

Prepackaged liquids
Member States which have notified implementing measures : all
Portugal — 90 / 0815, no measures notified, reasoned opinion

in 1991 — terminated in 1992

Mutual recognition of medical qualifications
Member States which have notified implementing measures : all
Spain — 90 / 0981, not properly implemented, reasoned

opinion in 1991
Portugal — 91 / 4592, not properly applied, reasoned opinion in

1991

75 / 0363

75 / 0107 Activities
Bottles used as measuring containers Member
Member States which have notified implementing measures : all

Activities of doctors

Member States which have notified implementing measures : all
Spain — 90 / 0618, not properly implemented, reasoned opinion

in 1992

75 / 0117

Equal pay for men and women 75 / 0368
Member States which have notified implementing measures : all Freedom of establishment — various activities
Member States which have notified implementing measures : all
Spain — 90 / 0528, no measures notified, reasoned opinion in

75 / 0129 1991 — terminated in 1992
Collective redundancies
Member States which have notified implementing measures : all
United Kingdom — 89 / 0536, not properly applied, referral in 75 / 0405

1992 — Case C-383 / 92

75 / 0405
Use of petroleum products in power stations
Member States which have notified implementing measures : all

75 / 0130

Combined transport 75 / 0410
Member States which have notified implementing measures : all Continuous totalizing weighing machines
Italy _ 87 / 0263, not properly applied, judgment 7.5.91 — Member States which have notified implementing measures : all

Case C-45 / 89

75 / 0431
75 / 0296 Health
Feedingstuffs — additives Member
Member States which have notified implementing measures : all

Health problems — trade in poultrymeat
Member States which have notified implementing measures : all
Portugal — 90 / 0868, no measures notified, reasoned opinion

in 1992 — terminated in 1992

75 / 0318
Proprietary medicinal products
Member States which have notified implementing measures : all

75 / 0319

Proprietary medicinal products
Member States which have notified implementing measures : all

75 / 0321
Steering equipment of tractors
Member States which have notified implementing measures : all

75 / 0322

75 / 0440

Surface water
Member States which have notified implementing measures : all
Belgium — 87 / 0345, not properly implemented, judgment

75 / 0439

Disposal of waste oils
Member States which have notified implementing measures : all
Belgium — 87 / 0108, not properly implemented, judgment

13.6.90 — terminated in 1992

Belgium — 84 / 0170, no measures notified, judgment 14.1.88

— terminated in 1992

Italy — 86 / 0419, not properly applied, referral in 1989 —

Case C-366 / 89

Radio interference from tractors —,
Member States which have notified implementing measures : all 11.6.91 — Case C-290 / 89

30 . 8 . 93 Official Journal of the European Communities No C 233 / 145

Germany — 87 / 0372, not properly implemented, formal notice

( 171 ) in 1992
Greece — 89 / 0303, not properly applied, reasoned opinion

in 1992

France — 87 / 0349, not properly implemented, referral in

1990 — Case C-21 / 90

Italy — 89 / 0206, not properly implemented, reasoned
opinion in 1991

75 / 0442

Waste
Member States which have notified implementing measures : all
Belgium — 88 / 0071, not properly applied, judgment 9.7.92 —

Case C-2 / 92

Belgium — 88 / 0293, not properly applied, reasoned opinion in

1990 — terminated in 1992

Greece — 89 / 0138, not properly applied, judgment 7.4.92 —

Case C-45 / 91

Italy — 88 / 0239, not properly applied, judgment in 1991

— Case C-33 / 90

Portugal — 89 / 0413, not properly applied, reasoned opinion in

76 / 0115
Safety belts
Member States which have notified implementing measures : all

76 / 0116

Fertilizers

Member States which have notified implementing measures : all

76 / 0117

Electrical equipment
Member States which have notified implementing measures : all

76 / 0118

Preserved milk

Member States which have notified implementing measures : all

,, 76 / 0135

1991 — terminated in 1992

Inland waterway vessels
Member States which have notified implementing measures : all

75 / 0443

1991 — terminated in 1992

Reverse equipment of motor vehicles
Member States which have notified implementing measures : all
Portugal — 90 / 0867, no measures notified, reasoned opinion

in 1991 — terminated in 1992

75 / 0444

Seed
Member States which have notified implementing measures : all

75 / 0445
Forest reproductive material
Member States which have notified implementing measures : all

76 / 0160

Bathing water
Member States which have notified implementing measures : all
Greece — 87 / 0315, not properly applied, reasoned
opinion in 1988
Spain — 89 / 0418, not properly applied, reasoned
opinion in 1990
France — 87 / 0507, not properly applied, reasoned
opinion in 1991
Ireland — 90 / 0152, not properly implemented, reasoned

opinion in 1991 — terminated in 1992
Italy — 87 / 0356, not properly implemented, reasoned

75 / 0502 opinion in 1988
Meadowgrass seed Luxembourg — 90 / 0289, not properly applied, reasoned
Member States which have notified implementing measures : all opinion in 1991
Portugal — 90 / 0506, no measures notified, reasoned opinion Netherlands — 89 / 0651, not properly applied, reasoned

in 1991 — terminated in 1992 opinion in 1992

United — 86 / 0214, not properly applied, referral in 1990
Kingdom — Case C-56 / 90
75 / 0524

75 / 0502
Meadowgrass seed
Member States which have notified implementing measures : all
Portugal — 90 / 0506, no measures notified, reasoned opinion

in 1991 — terminated in 1992

Braking devices of motor vehicles
Member States which have notified implementing measures : all

75 / 0716
Sulphur content of liquid fuel
Member States which have notified implementing measures : all

75 / 0726

Fruit juices
Member States which have notified implementing measures : all

76 / 0014
Feedingstuffs — undesirable substances
Member States which have notified implementing measures : all

76 / 0114
Statutory plates for motor vehicles
Member States which have notified implementing measures : all

76 / 0207

Equal treatment of men and women
Member States which have notified implementing measures :
B, DK, D, EL, E, IRL, I, L, NL, P, UK .
Belgium — 89 / 0458, not properly applied, referral in 1992 —

Case C-173 / 91

France — 89 / 0350, not properly implemented, formal notice

( 171 ) in 1989 — terminated in 1992
France — 90 / 0445, no measures notified, formal notice ( 171 )

in 1990

76 / 0211

Prepackaged products
Member States which have notified implementing measures : all
Portugal — 90 / 0820, no measures notified, reasoned opinion

in 1991 — terminated in 1992

No C 233 / 146 Official Journal of the European Communities 30 . 8 . 93

76 / 0308 76 / 0759

Mutual assistance — customs
Member States which have notified implementing measures : all

76 / 0331

Beet seed
Member States which have notified implementing measures : all
Portugal — 91 / 0507, no measures notified, reasoned opinion

Lamps for motor vehicles
Member States which have notified implementing measures : all

76 / 0760
Registration-plate lamps for motor vehicles
Member States which have notified implementing measures : all

in 1991 — terminated in 1992
76 / 0761
Headlamps for motor vehicles
Member States which have notified implementing measures : all
76 / 0371
Feedingstuffs — official control
Member States which have notified implementing measures : all 76 / 0762
Lamps for motor vehicles
Member States which have notified implementing measures : all
76 / 0372
Feedingstuffs — official control
Member States which have notified implementing measures : all 76 / 0763

Seats for tractors
Member States which have notified implementing measures : all
76 / 0403
Disposal of PCBs
Member States which have notified implementing measures : all 76 / 0764

76 / 0764

Thermometers

76 / 0432

Braking devices of tractors
Member States which have notified implementing measures : all

76 / 0434
Marking of wire-ropes, chains and hooks
Member States which have notified implementing measures : all

76 / 0464
Dangerous substances in the sea
Member States which have notified implementing measures : all

Member States which have notified implementing measures : all

76 / 0765

Alcoholometers

Member States which have notified implementing measures : all

76 / 0766

Alcohol tables

Member States which have notified implementing measures : all

76 / 0767

Pressure vessels
Member States which have notified implementing measures : all
Portugal — 90 / 0824, no measures notified, reasoned opinion

76 / 0491 Portugal — 90 / 0824, no measures
Information on oil prices in 1991 — terminated in 1992
Member States which have notified implementing measures : all

76 / 0621
Foodstuffs for human consumption — oils and fats
Member States which have notified implementing measures : all

76 / 0696

Weighing machines

Member States which have notified implementing measures : all

76 / 0756
Lighting and light-signalling devices on motor vehicles
Member States which have notified implementing measures : all

76 / 0768

Cosmetics
Member States which have notified implementing measures : all
Greece — 86 / 0421, not properly implemented, judgment
18.3.92 — Case C-29 / 90 — terminated in 1992

Spain — 87 / 0371, not properly implemented, supple ­
mentary reasoned opinion in 1992
France — 86 / 0390, not properly implemented, referral in

1991 — Case C-246 / 91

Italy — 88 / 0450, not properly implemented, reasoned
opinion in 1990 — terminated in 1992
Portugal — 90 / 0207, not properly implemented, reasoned
opinion in 1992

76 / 0757 76 / 0769
Reflex reflectors for motor vehicles Dangerous substances and preparations
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

76 / 0758
Lamps for motor vehicles
Member States which have notified implementing measures : all

76 / 0891

Energy meters
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 147

76 / 0895 77 / 0098
Pesticide residues in fruit and vegetables Health problems — trade in animals
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

76 / 0914
Training for road transport drivers
Member States which have notified implementing measures : all

76 / 0934
Feedingstuffs — undesirable substances
Member States which have notified implementing measures : all

77 / 0062

Public supply contracts
Member States which have notified implementing measures : all
Greece — 91 / 0726, not properly applied, reasoned opinion in

1992

Greece — 91 / 0810, not properly applied, reasoned opinion in

1992

Spain — 90 / 0337, not properly applied, referral in 1992 —

Case C-328 / 92

Spain — 90 / 0875, not properly implemented, referral in 1992

— Case C-71 / 92

Ireland — 89 / 0662, not properly applied, reasoned opinion in

1992 — terminated in 1992

Italy — 89 / 0495, not properly applied, reasoned opinion in

1991 — terminated in 1992

Italy — 90 / 0183, not properly applied, reasoned opinion in

1991 — terminated in 1992

Italy — 91 / 0002, not properly implemented, referral in 1991

— Case C-309 / 91

Italy — 91 / 0725, not properly applied, reasoned opinion in

1992

77 / 0091

Second Directive on company law
Member States which have notified implementing measures : all

77 / 0092

Freedom of establishment — insurance brokers

Member States which have notified implementing measures : all

77 / 0099

Health problems — meat products
Member States which have notified implementing measures : all

77 / 0101
Feedingstuffs
Member States which have notified implementing measures : all

77 / 0102

Air pollution from engines
Member States which have notified implementing measures : all

77 / 0143

Roadworthiness tests for motor vehicles
Member States which have notified implementing measures : all

77 / 0158
Carriage of goods by road
Member States which have notified implementing measures : all

77 / 0187
Safeguarding of employees ' rights in the event of the transfer of
firms

Member States which have notified implementing measures : all
United Kingdom — 89 / 0537, not properly applied, referral in

1992 — Case C-382 / 92

77 / 0212

Sound level of motor vehicles
Member States which have notified implementing measures : all

77 / 0249

Lawyers
Member States which have notified implementing measures : all
France — 84 / 0450, not properly implemented, judgment
7.10.91 — Case C-294 / 89 — terminated in 1992

77 / 0093 77 / 0311
Organisms harmful to plants Sound level of tractors
Member States which have notified implementing measures : all Member States which have notified implementing measures : all
Italy — 87 / 0323, not properly applied, judgment 12.7.90 —

Case C-128 / 89

Italy — 90 / 0174, not properly applied, referral in 1992 —

Case C-249 / 92

Italy — 91 / 0780, not properly applied, reasoned opinion in

1992

77 / 0095

Taxi-meters

Member States which have notified implementing measures : all

77 / 0096

Health problems — import of meat
Member States which have notified implementing measures : all

77 / 0313
Measuring of liquids
Member States which have notified implementing measures : all

77 / 0388

Sixth VAT Directive
Member States which have notified implementing measures : all
Denmark — 89 / 0159, not properly applied, referral in 1991

— Case C-234 / 91

Germany — 88 / 0338, not properly applied, judgment
27.10.92 — Case C-74 / 91

Greece — 88 / 0199, not properly applied, reasoned
opinion in 1989

No C 233 / 148 Official Journal of the European Communities 30 . 8 . 93

Greece — 90 / 0279, not properly applied, reasoned
opinion in 1992
Spain — 88 / 0323, not properly applied, judgment
17.10.91 — Case C-35 / 90 — terminated in

19.92

Spain — 89 / 0470, not properly applied, referral in 1992

— Case C-73 / 92

Spain — 89 / 0524, not properly applied, reasoned
opinion in 1991
France — 88 / 0053, not properly applied, referral in 1992

. — Case C-68 / 92

France — 88 / 0213, not properly applied, reasoned
opinion in 1989
France — 90 / 0548, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Ireland — 88 / 0200, not properly applied, reasoned
opinion in 1989
France — 89 / 0468, not properly applied, referral in 1992

— Case C-70 / 92 — withdrawn in 1992

Italy — 89 / 0540, not properly applied, referral ( 171 )

in 1991 — Case C-101 / 91

Italy — 89 / 0663, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 89 / 0469, not properly applied, referral in 1992

— Case C-69 / 92

Netherlands — 88 / 0201, not properly applied, reasoned
opinion in 1989
United — 88 / 0202, not properly applied, reasoned
Kingdom opinion in 1989

77 / 0389
Motor-vehicle towing devices
Member States which have notified implementing measures : all

77 / 0391

Eradication of brucellosis

Member States which have notified implementing measures : all

77 / 0535

Fertilizers
Member States which have notified implementing measures : all

77 / 0536
Roll-over protection of tractors
Member States which have notified implementing measures : all

77 / 0537
Emission of pollutants from diesel engines
Member States which have notified implementing measures : all

77 / 0538

Lamps for motor vehicles
Member States which have notified implementing measures : all

77 / 0539
Lamps for motor vehicles
Member States which have notified implementing measures : all

77 / 0540
Lamps for motor vehicles
Member States which have notified implementing measures : all

77 / 0541
Safety belts
Member States which have notified implementing measures : all

77 / 0576
Safety signs at the workplace
Member States which have notified implementing measures : all

77 / 0629
Material for the propagation of vines
Member States which have notified implementing measures : all
Portugal — 91 / 0508, no measures notified, reasoned opinion

77 / 0436 in 1991 — terminated in 1992

Coffee extracts
Member States which have notified implementing measures : all

77 / 0649

Field of vision of motor-vehicle drivers
77 / 0452 Member States which have notified implementing measures : all
Mutual recognition of qualifications — nurses
Member States which have notified implementing measures : all

77 / 0728
Labelling of paints
77 / 0453 Member States which have notified implementing measures : all

Activities of nurses

Member States which have notified implementing measures : all 77 / 0780
First Directive on the coordination of banking laws
77 / 0489 Member States which have notified implementing measures : all

Protection of animals in international transport
Member States which have notified implementing measures : all 77 / 0794

Mutual assistance — customs
Member States which have notified implementing measures : all
77 / 0504
Pure-bred cattle for breeding
Member States which have notified implementing measures : all 77 / 0796
Ireland — 88 / 0449, not properly applied, judgment 17.11.92 Mutual recognition of qualifications — goods haulage operators

— Case C-235 / 91

77 / 0796
Mutual recognition of qualifications — goods haulage operators
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 149

77 / 0799 78 / 0318

Mutual assistance — indirect taxes Windscreen wipers of motor vehicles
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

77 / 0805

Taxes on tobacco
Member States which have notified implementing measures : all

78 / 0025

Medicines — colouring matter
Member States which have notified implementing measures : all

78 / 0050
Health problems — trade in meat and poultrymeat
Member States which have notified implementing measures : all
Portugal — 90 / 0869, no measures notified, reasoned opinion

in 1992 — terminated in 1992

78 / 0319

Toxic and dangerous waste
Member States which have notified implementing measures : all
Belgium — 90 / 0212, not properly implemented, formal notice

( 171 ) in 1990
Germany — 90 / 0038, not properly applied, referral in 1992 —

Case C-422 / 92

Spain — 89 / 0337, not properly applied, reasoned opinion

in 1991

Spain — 89 / 0338, not properly applied, reasoned opinion

in 1990

Ireland — 90 / 0192, not properly applied, reasoned opinion

in 1991

78 / 0365
78 / 0052

Gas volume meters

Eradication of brucellosis

Member States which have notified implementing measures : all

Member States which have notified implementing measures : all

78 / 0386
78 / 0055

Seed

Member

Member States which have notified implementing measures : all
Portugal — 90 / 0877, no measures notified, reasoned opinion Portugal

in 1991 — terminated in 1992

Fodder-plant seed
Member States which have notified implementing measures : all
Portugal — 91 / 0805, no measures notified, reasoned opinion

in 1991 — terminated in 1992

78 / 0142 78 / 0387

Foodstuffs for human consumption — materials intended to Cereal seed
come into contact Member States which have notified implementing measures : all
Member States which have notified implementing measures : all

78 / 0170

Heat generators
Member States which have notified implementing measures : all
Portugal — 90 / 0940, no measures notified, Art . 169 letter
1990 — terminated in 1992

78 / 0388

Seed of oil and fibre plants
Member States which have notified implementing measures : all
Portugal — 91 / 0509, no measures notified, reasoned opinion

in 1991 — terminated in 1992

78 / 0473
78 / 0176
Waste — titanium dioxide Community co-insurance
Member States which have notified implementing measures : all
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, L, NL, UK .
Italy — 89 / 0008, not properly applied, reasoned opinion in 78 / 0507

1990 — terminated in 1992

Portugal — 90 / 0929, no measures notified, Art . 169 letter in

1990

78 / 0507

Motor-vehicle registration plates
Member States which have notified implementing measures : all

78 / 0511
78 / 0315
Fodder-plant and cereal seed

Type-approval Member States of which motor have vehicles notified implementing measures : all Member States which have notified implementing measures : all

78 / 0316
Interior fittings of motor vehicles
Member States which have notified implementing measures : all

78 / 0317
Defrosting systems of motor vehicles
Member States which have notified implementing measures : all

78 / 0547

Type-approval of motor vehicles
Member States which have notified implementing measures : all

78 / 0548
Heating of motor vehicles
Member States which have notified implementing measures : all

No C 233 / 150 Official Journal of the European Communities 30 . 8 . 93

78 / 0549

Wheels of motor vehicles
Member States which have notified implementing measures : all

78 / 0610

Health protection of workers — vinyl chloride monomer
Member States which have notified implementing measures : all

Spain — 90 / 0411, not properly applied, reasoned opinion

in 1991

Italy — 90 / 0412, not properly applied, reasoned opinion

in 1991

78 / 0687

Dentists
Member States which have notified implementing measures : all
Germany — 91 / 4044, not properly applied, Art . 169 letter in

1991 — terminated in 1992

78 / 0629
Measures of length Spain — 90 / 0411, not properly applied, reasoned opinion in
Member States which have notified implementing measures : all 1992

Italy — 90 / 0412, not properly applied, reasoned opinion m

1991

78 / 0631
Labelling of dangerous preparations ( pesticides )
Member States which have notified implementing measures : all

78 / 0692

Seed
Member States which have notified implementing measures : all
Portugal — 90 / 0918, no measures notified, reasoned opinion

78 / 0632 in 1991 — terminated in 1992
Interior fittings of motor vehicles
Member States which have notified implementing measures : all

78 / 0633
Feedingstuffs — official control
Member States which have notified implementing measures : all

78 / 0659
Quality of fresh waters
Member States which have notified implementing measures : all
France — 87 / 0508, not properly implemented, reasoned
opinion in 1991 — terminated in 1992
Italy — 90 / 0211, not properly implemented, reasoned
opinion in 1991

78 / 0660
Annual accounts of companies

Member States which have notified implementing measures : all

78 / 0764

Driver s seat on tractors
Member States which have notified implementing measures : all

78 / 0816

Seed potatoes
Member States which have notified implementing measures : all

78 / 0855

Company mergers
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 90 / 0399, no measures notified, reasoned opinion

( 171 ) in 1992

78 / 0891
Prepackaging
Member States which have notified implementing measures : all
Portugal — 90 / 0828, no measures notified, reasoned opinion

in 1991 — terminated in 1992

78 / 0663
Foodstuffs for human consumption — additives 78 / 0932
Member States which have notified implementing measures : all Head restraints of seats of motor vehicles
Member States which have notified implementing measures : all

78 / 0664

Foodstuffs for human consumption — antioxidants 78 / 0933
Member States which have notified implementing measures : all Lighting on tractors

Member States which have notified implementing measures : all

78 / 0665
Air pollution from engines
Member States which have notified implementing measures : all

78 / 0686

Dentists
Member States which have notified implementing measures : all
Germany — 87 / 0434, not properly applied, reasoned opinion

in 1992

Germany — 91 / 2098, not properly applied, Art . 169 letter in

1992

Germany — 91 / 4044, not properly applied, Art . 169 letter in

1991 — terminated in 1992

78 / 1015
Sound level of motorcycles
Member States which have notified implementing measures : all

78 / 1016

Inland waterway vessels
Member States which have notified implementing measures : all

78 / 1020

Seed
Member States which have notified implementing measures : all
Portugal — 90 / 0887, no measures notified, reasoned opinion

in 1991 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 151

78 / 1026 79 / 0113

Noise

Veterinary surgeons

Member States which have notified implementing measures : all

Noise emissions from construction plant and equipment
Member States which have notified implementing measures : all

79 / 0115
78 / 1027 Pilotage of vessels
Veterinary surgeons Member States which have notified implementing measures : all
Member States which have notified implementing measures : all

78 / 1031

79 / 0116

Tankers

Automatic checkweighing machines Member States which have notified implementing measures : all

Member States which have notified implementing measures : all

79 / 0117

Plant protection products containing certain active substances
78 / 1035 Member States which have notified implementing measures : all
Tax exemptions for small consignments

Member States which have notified implementing measures : all

79 / 0138

Fertilizers
79 / 0005 Member States which have notified implementing measures : all

Combined transport
Member States which have notified implementing measures : all
79 / 0168

Fruit juices
Member States which have notified implementing measures : all

79 / 0007

Spain — 90 / 0490, non communication, Art . 169 letter in 1990

79 / 0007
Equal treatment in social security
Member States which have notified implementing measures : all
Ireland — 89 / 0024, not properly applied, reasoned opinion in

— terminated in 1992

1990 79 / 0196

Electrical equipment
Member States which have notified implementing measures : all

79 / 0032

Taxes on tobacco
Member States which have notified implementing measures : all 79 First / 0267 Directive on life assurance
Member States which have notified implementing measures : all

79 / 0076

Analysis of textile fibres 79 / 0268
Member States which have notified implementing measures : all Pure-bred cattle for breeding
Member States which have notified implementing measures : all

79 / 0109
79 / 0279

Health problems — trade in animals — brucellosis Admission of securities to stock-exchange listing
Member States which have notified implementing measures : all Member States which have notified implementing measures : all
Italy — 88 / 0463, no measures notified, reasoned opinion ( 171 )

in 1989 — terminated in 1992

79 / 0372
Straight feedingstuffs
79 / 0111 Member States which have notified implementing measures : all
Health problems — trade in animals — brucellosis
Member States which have notified implementing measures : all
79 / 0373
Compound feedingstuffs
Member States which have notified implementing measures : all
79 / 0112

Labelling of foodstuffs
Member States which have notified implementing measures : all 79 / 0409
Germany — 90 / 0306, not properly applied, Art . 171 letter in

1990

Spain — 89 / 0646, not properly applied, reasoned opinion

in 1991 — terminated in 1992

Italy — 87 / 0101, not properly applied, judgment in 1990

— Case C-177 / 89

Italy — 88 / 0243, not properly applied, judgment 25.7.91

— Case C-32 / 90

Conservation of wild birds
Member States which have notified implementing measures : all
Belgium — 90 / 0291, not properly implemented, formal

notice ( 171 ) in 1990
Germany — 87 / 0246, not properly applied, referral in 1989

— Case C-57 / 89

Germany — 86 / 0222, not properly implemented, judgment

3.7.90 — Case C-288 / 88

No C 233 / 152 Official Journal of the European Communities 30 . 8 . 93

Germany — 89 / 0048, not properly implemented, referral

( 171 ) in 1992 — Case C-345 / 92
Greece — 90 / 0171, not properly applied, reasoned
opinion in 1992
Greece — 88 / 0283, not properly applied, reasoned
opinion in 1989 — terminated in 1992
Spain — 88 / 0295, not properly applied, referral in 1990

— Case C-355 / 90

France — 84 / 0121, not properly implemented, formal

notice ( 171 ) in 1992
Italy — 87 / 0327, not properly applied, reasoned
opinion in 1989
Italy — 87 / 0501, not properly applied, judgment
17.1.91 — Case C-157 / 89

Italy — 89 / 0049, not properly implemented, reasoned

opinion ( 171 ) in 1990
Italy — 89 / 0300, not properly applied, reasoned
opinion in 1990
Italy — 89 / 0573, not properly applied, reasoned
opinion in 1991
Netherlands — 85 / 0400, not properly implemented, formal

notice ( 171 ) in 1992
Netherlands — 89 / 0060, not properly implemented, judgment

6.2.92 — Case C-75 / 91

United — 87 / 0187, not properly applied, reasoned
Kingdom opinion in 1988 — terminated in 1992

79 / 0641

Seed
Member States which have notified implementing measures : all
Portugal — 90 / 0888, no measures notified, reasoned opinion

in 1991 — terminated in 1992

79 / 0663
Dangerous substances and preparations
Member States which have notified implementing measures : all

79 / 0692

Seed
Member States which have notified implementing measures : all
Portugal — 90 / 0953, no measures notified, reasoned opinion

in 1991 — terminated in 1992

79 / 0693

Jams, jellies and marmalade

Member States which have notified implementing measures : all

79 / 0694

Type-approval of tractors
Member States which have notified implementing measures : all

79 / 0695
79 / 0488 Release of goods for free circulation — harmonization
External projections of motor vehicles Member States which have notified implementing measures : all
Member States which have notified implementing measures : all

79 / 0700

Pesticides in fruit and vegetables — official inspection
79 / 0489 Member States which have notified implementing measures : all
Braking devices of motor vehicles
Member States which have notified implementing measures : all

79 / 0795

79 / 0490

Fuel tanks of motor vehicles
Member States which have notified implementing measures : all

79 / 0532

Lighting on tractors
Member States which have notified implementing measures : all

79 / 0533

Coupling device of tractors
Member States which have notified implementing measures : all

79 / 0581
Indication of the prices of foodstuffs
Member States which have notified implementing measures : all

79 / 0622

Roll-over protection of tractors
Member States which have notified implementing measures : all

79 / 0640
Safety signs at the workplace
Member States which have notified implementing measures : all

Rear-view mirrors of motor vehicles
Member States which have notified implementing measures : all

79 / 0796

Sugars
Member States which have notified implementing measures : all

79 / 0797

Feedingstuffs
Member States which have notified implementing measures : all

79 / 0830

Water meters
Member States which have notified implementing measures : all

79 / 0831
Labelling of dangerous substances
Member States which have notified implementing measures : all

79 / 0869

Surface water
Member States which have notified implementing measures : all
Italy — 89 / 0207, not properly implemented, reasoned

opinion in 1991
Luxembourg — 88 / 0530, not properly applied, reasoned
opinion in 1990

30 . 8 . 93 Official Journal of the European Communities No C 233 / 153

79 / 0923 80 / 0068
Shellfish waters Protection of groundwater
Member States which have notified implementing measures : all Member States which have notified implementing measures :
France — 87 / 0509, not properly implemented, reasoned B, DK, D, EL, E, F, IRL, I, L, P, UK .
opinion in 1990 — terminated in 1992 Belgium — 88 / 0291, not properly implemented, referral

( 171 ) in 1991 — Case C-174 / 91
Germany — 86 / 0121, not properly implemented, formal

79 / 967

Seed
Member States which have notified implementing measures : all
Portugal — 92 / 0521, no measures notified, Art . 169 letter in

1992 — terminated in 1992

79 / 1005
Prepackaged liquids
Member States which have notified implementing measures : all
Portugal — 90 / 0832, no measures notified, reasoned opinion

in 1991 — terminated in 1992

notice ( 171 ) in 1992
Spain — 89 / 0658, not properly implemented, sup ­
plementary reasoned opinion in 1992
Ireland — 89 / 0163, not properly implemented, reasoned

opinion in 1990
Italy — 86 / 0086, not properly applied, judgment
28.2.91 — terminated in 1992

Netherlands — 88 / 0532, no measures notified, reasoned
opinion ( 171 ) in 1990
United — 88 / 0354, not properly applied, reasoned
Kingdom opinion in 1989

80 / 0154
79 / 1034 Mutual
Tankers

Member States which have notified implementing measures : all

79 / 1066

Coffee extracts
Member States which have notified implementing measures : all

Mutual recognition of qualifications — midwives
Member States which have notified implementing measures : all

80 / 0155

Midwives
Member States which have notified implementing measures : all
Spain — 88 / 0225, not properly implemented, judgment 7.11.91

— Case C-313 / 89 — terminated in 1992

79 / 1067

Preserved milk
Member States which have notified implementing measures : all 80 / 0181
Units of measurement
Member States which have notified implementing measures : all

79 / 1070

Mutual assistance — direct taxes
Member States which have notified implementing measures : all 80 / 0213

Health problems — trade in meat
Member States which have notified implementing measures : all

79 / 1071

Mutual assistance — debts
Member States which have notified implementing measures : all 80 / 0215
Health problems — meat products
Member States which have notified implementing measures : all
79 / 1072
Eighth VAT Directive
Member States which have notified implementing measures : all

80 / 0216

Italy — 90 / 0031, not properly applied, judgment 3.6.92 —

Case C-287 / 91

80 / 0216
Health problems — trade in poultrymeat
Member States which have notified implementing measures : all
Portugal — 90 / 0911, no measures notified, reasoned opinion

in 1 992 — terminated in 1 992

79 / 1073

Field of vision on tractors
Member States which have notified implementing measures : all

80 / 0217

Control of classical swine fever
80 / 0049 Member States which have notified implementing measures : all
Carriage of goods by road
Member States which have notified implementing measures : all

80 / 0219

80 / 0051

Health problems — trade in animals — tuberculosis
Member States which have notified implementing measures : all
Italy — 88 / 0453, no measures notified, reasoned opinion ( 171 )

Noise emissions from subsonic aircraft Italy — 88 / 0453, no measures notified
Member States which have notified implementing measures : all in 1989 — terminated in 1992

No C 233 / 154 Official Journal of the European Communities 30 . 8 . 93

80 / 0232 80 / 0590
Prepackaged products Foodstuffs for human consumption — materials intended to
Member States which have notified implementing measures : all come into contact
Portugal — 90 / 0833, no measures notified, Art . 169 letter in Member States which have notified implementing measures : all

1991 — terminated in 1992

80 / 0233

Lighting on motor vehicles
Member States which have notified implementing measures : all

80 / 0304
Seed of oil and fibre plants
Member States which have notified implementing measures : all
Portugal — 91 / 0510, no measures notified, reasoned opinion

in 1991 — terminated in 1992

80 / 0368
11th VAT Directive — French overseas departments
Member States which have notified implementing measures : all

80 / 0369

Taxes on tobacco
Member States which have notified implementing measures : F

80 / 0390
Admission of securities to stock-exchange listing — particulars
to be published
Member States which have notified implementing measures : all
France — 86 / 0338, not properly implemented, reasoned
opinion in 1989 — terminated in 1992

80 / 0665

Potato ring rot
Member States which have notified implementing measures : all

80 / 0695
Compound feedingstuffs
Member States which have notified implementing measures : all

80 / 0720

Doors and windows of tractofs
Member States which have notified implementing measures : all

80 / 0723
Transparency in financial relations ( Member States — public
undertakings )
Member States which have notified implementing measures : all

80 / 0754
Fodder-plant seed
Member States which have notified implementing measures : all
Portugal — 90 / 0818, no measures notified, reasoned opinion

in 1991 — terminated in 1992

80 / 0766

Foodstuffs for human consumption — materials intended to
80 / 0392 come into contact

Organisms harmful to plants Member States which have notified implementing measures : all
Member States which have notified implementing measures : all

80 / 0393

Organisms harmful to plants
Member States which have notified implementing measures : all

80 / 0428

Pesticide residues in fruit and vegetables

Member States which have notified implementing measures : all

80 / 0502

Feedingstuffs — undesirable substances
Member States which have notified implementing measures : all

80 / 0509

Compound feedingstuffs
Member States which have notified implementing measures : all

80 / 0510

Straight feedingstuffs
Member States which have notified implementing measures : all

80 / 0511

Compound feedingstuffs in packages
Member States which have notified implementing measures : all

80 / 0767

Public supply contracts
Member States which have notified implementing measures : all
Greece — 90 / 0268, not properly applied, reasoned opinion in

1991 — terminated in 1992

Portugal — 90 / 0283, not properly applied, reasoned opinion in

1991 — terminated in 1992

80 / 0777

Natural mineral waters
Member States which have notified implementing measures : all

80 / 0778

Drinking water
Member States which have notified implementing measures : all
Belgium — 86 / 0221, not properly implemented, judgment

5.7.90 — Case C-42 / 89

Germany — 87 / 0440, not properly implemented, judgment

24.11.92 — Case C-237 / 90

Italy — 87 / 0363, not properly implemented, reasoned

opinion in 1988
Luxembourg — 88 / 0087, not properly implemented, reasoned

opinion in 1992
United — 87 / 0370, not properly applied, judgment
Kingdom 25.1 1.92 — Case C-337 / 89

30 . 8 . 93 Official Journal of the European Communities No C 233 / 155

80 / 0779

Air quality
Member States which have notified implementing measures : all
Germany — 86 / 0119, not properly implemented, judgment

30 / 5 / 91 — Case C-361 / 88

France — 86 / 0014, not properly implemented, judgment

1.10.91 — Case C-64 / 90 — terminated in 1992

Italy — 86 / 0120, not properly implemented, reasoned

opinion in 1988
United — 87 / 0387, not properly applied, reasoned opinion
Kingdom in 1990 — terminated in 1992

80 / 0780

80 / 1057
Acquired rights — Doctors, male and female nurses, dentists
and veterinary surgeons
Member States which have notified implementing measures : all

80 / 1095

Control of classical swine fever
Member States which have notified implementing measures : all

80 / 1098

Health problems — trade in animals — classical swine fever
Member States which have notified implementing measures : all
Italy — 88 / 0454, no measures notified, reasoned opinion ( 171 )

Rear-view mirrors of two-wheeled motor vehicles in 1989 — terminated in 1992
Member States which have notified implementing measures : all

80 / 1099
80 / 0781 Health problems — trade in meat — classical swine fever
Solvents Member States which have notified implementing measures : all
Member States which have notified implementing measures : all Italy — 88 / 0456, no measures notified, reasoned opinion ( 171 )

80 / 0836

Health protection — ionizing radiation
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, L, NL, P, UK .
Spain — 88 / 0484, not properly implemented, reasoned

opinion in 1991 — terminated in 1992
Ireland — 88 / 0486, not properly implemented, reasoned

opinion in 1989
Italy — 87 / 0225, no measures notified, formal notice

( 171 ) in 1992

in 1989 — terminated in 1992

80 / 1100
Health problems — meat products — classical swine fever
Member States which have notified implementing measures : all

80 / 1101

Control of classical swine fever
Member States which have notified implementing measures : all

Luxembourg — 88 / 0487, not properly implemented, reasoned
80 / 1107

opinion in 1991
Netherlands — 88 / 0488, not properly implemented, reasoned

Protection of workers against chemicals
Member States which have notified implementing measures : all

opinion in 1990

80 / 1178

80 / 0876 Admission
Fertilizers Member
Member States which have notified implementing measures : all

Admission to the occupation of road haulage operator

Member States which have notified implementing measures : all

80 / 1179

80 / 0879 Admission to the occupation of road passenger transport

Health problems — poultrymeat operator
Member States which have notified implementing measures : all Member States which have notified implementing measures : all
Portugal — 90 / 0912, no measures notified, reasoned opinion

sent in 1992 — terminated in 1992

80 / 1180
Mutual recognition of qualifications — goods haulage operators
Member States which have notified implementing measures : all
80 / 0891
Foodstuffs for human consumption — oils and fats
Member States which have notified implementing measures : all 80 / 1189
Labelling of dangerous substances
Member States which have notified implementing measures : all

80 / 0987

Protection of workers — insolvency of employers
Member States which have notified implementing measures : all 80 / 1263
Greece — 86 / 0116, not properly implemented, judgment Community driving licence
8.11.90 — Case C-53 / 88 Member States which have notified implementing measures : all
Italy — 90 / 0203, not properly implemented, formal notice Germany — 88 / 0169, not properly applied, reasoned opinion

( 171 ) in 1990 — terminated in 1992

in 1989 — terminated in 1992

No C 233 / 156 Official Journal of the European Communities 30 . 8 . 93

80 / 1266 81 / 0333

Mutual assistance — aircraft accidents Fuel tanks of motor vehicles
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

80 / 1267

Type-approval of motor vehicles
Member States which have notified implementing measures : all

80 / 1268

Fuel consumption of motor vehicles
Member States which have notified implementing measures : all

80 / 1269

Engine power of motor vehicles
Member States which have notified implementing measures : all

80 / 1272

Rear-view mirrors of motorcycles
Member States which have notified implementing measures : all

80 / 1273

Mutual recognition of qualifications — midwives
Member States which have notified implementing measures : all

80 / 1274

Health problems — trade in animals — classical swine fever
Member States which have notified implementing measures : all

80 / 1335

Cosmetics
Member States which have notified implementing measures : all

81 / 0006

Eradication of brucellosis
Member States which have notified implementing measures : all

81 / 0007
Organisms harmful to plants
Member States which have notified implementing measures : all

81 / 0334

Sound level of motor vehicles
Member States which have notified implementing measures : all

81 / 0389
Protection of animals in international transport
Member States which have notified implementing measures : all

81 / 0432

Foodstuffs for human consumption — materials intended to
come into contact
Member States which have notified implementing measures : all

81 / 0465

Release of goods for free circulation
Member States which have notified implementing measures : all

81 / 0528
Modernization of agricultural holdings
Member States which have notified implementing measures : all

81 / 0575
Safety belts
Member States which have notified implementing measures : all

81 / 0576
Saftey belts
Member States which have notified implementing measures : all

81 / 0577

Interior fittings of motor vehicles
Member States which have notified implementing measures : all

81 / 0602

Ban on hormones
Member States which have notified implementing measures : all

81 / 0643

Driver 's field of vision on motor vehicles
Member States which have notified implementing measures : all

81 / 0036
Pesticide residues in fruit and vegetables 81 / 0680
Member States which have notified implementing measures : all Feedingstuffs — official control

Member States which have notified implementing measures : all

81 / 0075

Analysis of textile fibres
Member States which have notified implementing measures : all

81 / 0126

Seed

Member States which have notified implementing measures : all
Portugal — 90 / 0909, no measures notified, reasoned opinion

in 1991 — terminated in 1992

81 / 0177

Export of goods — harmonization
Member States which have notified implementing measures : all

81 / 0712

Additives in foodstuffs
Member States which have notified implementing measures : all

81 / 0715

Feedingstuffs — official control
Member States which have notified implementing measures : all

81 / 0851

Veterinary medicines
Member States which have notified implementing measures : all
Italy — 89 / 0069, not properly implemented, judgment 6.2.92

— Case C-77 / 91 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 157

81 / 0852 82 / 0121

Veterinary medicines Information to be published regularly by companies

Member States which have notified measures : all Member States which have notified implementing measures : all

Veterinary medicines

Member States which have notified implementing measures : all

81 / 0853
Release of goods for free circulation
Member States which have notified implementing measures : all

81 / 0854

Conservation of wild birds
Member States which have notified implementing measures : all

81 / 0855

Surface water
Member States which have notified implementing measures : EL

81 / 0857
Air quality ( Greece )
Member States which have notified implementing measures : EL

81 / 0858

Drinking water
Member States which have notified implementing measures : all

81 / 0916
Labelling of paints
Member States which have notified implementing measures : all

81 / 0957
Labelling of dangerous substances
Member States which have notified implementing measures : all

82 / 0130

Electrical equipment
Member States which have notified implementing measures : all

82 / 0147

Cosmetics
Member States which have notified implementing measures : all

82 / 0176

Mercury discharges
Member States which have notified implementing measures : all

82 / 0232
Labelling of dangerous substances
Member States which have notified implementing measures : all

82 / 0242

Detergents
Member States which have notified implementing measures : all
Italy — 82 / 0202, no measures notified, reasoned opinion in

1990 — terminated in 1992

82 / 0243

Detergents
Member States which have notified implementing measures : all
Italy — 89 / 0203, no measures notified, reasoned opinion in

1990 — terminated in 1992

81 / 0962
Foodstuffs for human consumption — antioxidants
Member States which have notified implementing measures : all

Member States which have notified implementing measures : all 82 / 0244

Lighting on motor vehicles
Member States which have notified implementing measures : all
81 / 1051
Noise emissions from construction plant and equipment
Member States which have notified implementing measures : all 82 / 0287

81 / 1057

Acquired rights — doctors, nurses, dentists and veterinary

surgeons
Member States which have notified implementing measures : all

82 / 0003

Combined transport
Member States which have notified implementing measures : all

82 / 0050
Carriage of goods by road
Member States which have notified implementing measures : all

82 / 0057
Release of goods for free circulation
Member States which have notified implementing measures : all

82 / 0076

Doctors
Member States which have notified implementing measures : all
Portugal — 91 / 0703, not properly applied, reasoned opinion in

1991 — terminated in 1992

82 / 0287

Seed
Member States which have notified implementing measures : all
Portugal — 90 / 0819, no measures notified, reasoned opinion

in 1991 — terminated in 1992

82 / 0318
Safety belts
Member States which have notified implementing measures : all ­

82 / 0319
Safety belts
Member States which have notified implementing measures : all .

82 / 0331
Material for the propagation of vines
Member States which have notified implementing measures : all
Portugal — 91 / 0511, no measures notified, reasoned opinion

in 1991 — terminated in 1992

82 / 0347
Export of goods — harmonization
Member States which have notified implementing measures : all

No C 233 / 158 Official Journal of the European Communities 30 . 8 . 93

82 / 0368
82 / 0623
Cosmetics

Gas volume meters

Member States which have notified implementing measures : all Member States which have notified implementing measures : all

82 / 0434

Cosmetics
Member States which have notified implementing measures : all

82 / 0470
Services incidental to transport

Member States which have notified implementing measures : all
Italy — 89 / 0362, no measures notified, referral ( 171 ) in

1991 — terminated in 1992

Greece — 85 / 0127, no measures notified, judgment 10.12.91

— Case C-306 / 89 — terminated in 1992

82 / 0471

Feedingstuffs
Member States which have notified implementing measures : all

82 / 0473

Solvents
Member States which have notified implementing measures : all

82 / 0475
Labelling of compound feedingstuffs for pet animals
Member States which have notified implementing measures : all

82 / 0489

Hairdressers
Member States which have notified implementing measures : all

82 / 0501

Major - accident hazards
Member States which have notified implementing measures : all
Germany — 87 / 0219, not properly implemented, reasoned

opinion in 1989
Netherlands — 86 / 0457, not properly implemented, judgment

20.5.92 — Case C-190 / 90

82 / 0528
Pesticide residues in fruit and vegetables
Member States which have notified implementing measures : all

82 / 0603

Combined transport
Member States which have notified implementing measures : all

82 / 0605

Protection of workers — metallic lead
Member States which have notified implementing measures : all

82 / 0621

Energy meters
Member States which have notified implementing measures : all

82 / 0622

Weighing machines
Member States which have notified implementing measures : all

82 / 0624

Alcoholometers
Member States which have notified implementing measures : all

82 / 0625
Measuring systems for liquids
Member States which have notified implementing measures : all

82 / 0711
Foodstuffs for human consumption — materials intended to
come into contact
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, L, NL, UK .
Belgium — 91 / 0260, no measures notified, reasoned opinion

in 1992 — terminated in 1992
Denmark — 91 / 0285, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Germany — 91 / 0241, no measures notified, Art . 169 letter in

1991 — terminated in 1992
Greece 91 / 0348, no measures notified, reasoned opinion
in 1992 — terminated in 1992

Ireland — 91 / 0377, no measures notified, Art . 169 letter in

1990 — terminated in 1992
Italy — 91 / 0397, no measures notified, reasoned opinion

in 1992

Portugal — 90 / 0799, no measures notified, Art . 169 letter in

1990

United — 91 / 0531, no measures notified, reasoned opinion
Kingdom in 1992 — terminated in 1992

82 / 0714
Inland waterway vessels
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 89 / 0356, no measures notified, judgment ( 171 )

10.12.91 — Case C-19 / 91

82 / 0806

Dangerous preparations and substances
Member States which have notified implementing measures : all

82 / 0859
Seed of oil and fibre plants
Member States which have notified implementing measures : all
Portugal — 91 / 0512, no measures notified, reasoned opinion

in 1991 — terminated in 1992

82 / 0883

Titanium dioxide waste
Member States which have notified implementing measures : all

82 / 0884

Lead in the air
Member States which have notified implementing measures : all
Germany — 88 / 0036, not properly implemented, judgment

30 / 5 / 91 — Case C-59 / 89
France 87 / 0510, not properly implemented, judgment
1.10.91 — Case C-13 / 90 — terminated in 1992
Portugal — 91 / 0832, no measures notified, Art . 169 letter in

1991 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 159

82 / 0885 83 / 0129

Heat generators Seal-pup skins
Member States which have notified implementing measures : all Member States which have notified implementing measures : all
Portugal — 90 / 0941, no measures notified, reasoned opinion Greece — 90 / 0149, not properly applied, reasoned opinion in

in 1991 — terminated in 1992

1991

82 / 0890 83 / 0131
Tractors Plant protection products containing certain active substances

Member States which have notified implementing measures : all Member States which have notified implementing measures : all

82 / 0891
83 / 0181
Division of companies

VAT —

Member States which have notified implementing measures :

Member

DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 90 / 0399, no measures notified, reasoned opinion Italy —

VAT — final import of goods

( 171 ) in 1992

Member States which have notified implementing measures : all
Italy — 88 / 0445, no measures notified, judgment ( 171 )
14.10.92 — Case C-262 / 91

82 / 0894 83 / 0182

Notification of animal diseases Tax
Member States which have notified implementing measures : all Member

Tax exemptions on temporary import of means of transport

82 / 0937
Straight feedingstuffs
Member States which have notified implementing measures : all

82 / 0953
Roll-over protection of tractors
Member States which have notified implementing measures : all

Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Denmark — 86 / 0127, not properly applied, judgment 31.3.92

— Case C-52 / 90 — terminated in 1992

Greece — 89 / 0122, not properly applied, referral in 1992 —

Case C-9 / 92

Spain — 89 / 0471, no measures notified, Art . 169 letter in

1989

France — 89 / 0063, not properly applied, referral in 1991 —

Case C-276 / 91

83 / 0183
82 / 0957
Compound feedingstuffs Tax
Member States which have notified implementing measures : all Member

Tax exemptions on permanent imports of personal property

83 / 0029

Waste — titanium dioxide
Member States which have notified implementing measures : all

Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, L, NL, P, UK .
Greece — 89 / 0123, not properly implemented, referral in 1992

— Case C-9 / 92

Greece — 90 / 0086, not properly applied, reasoned opinion in

1991 — terminated in 1992

Italy — 88 / 0446, no measures notified, judgment ( 171 )
14.10.92 — Case C-262 / 91

83 / 0090
Health problems — trade in meat
Member States which have notified implementing measures : all 83 / 0189

83 / 0091
Health problems — trade in animals and meat
Member States which have notified implementing measures : all
Italy — 90 / 0958, no measures notified, reasoned opinion ( 171 )

in 1991 — terminated in 1992

83 / 0116

Fodder-plant seed and seed of oil and fibre plants
Member States which have notified implementing measures : all
Portugal — 90 / 0949, no measures notified, reasoned opinion

in 1991 — terminated in 1992

83 / 0128

Clinical thermometers — mercury
Member States which have notified implementing measures : all

Technical standards
Member States which have notified implementing measures : all
Belgium — 87 / 0276, not properly applied, reasoned
opinion in 1989
Belgium — 89 / 0304, not properly applied, referral in 1990

— Case C-325 / 90

Belgium — 91 / 0842, not properly applied, reasoned
opinion in 1992
Belgium — 92 / 0020, not properly applied, reasoned
opinion in 1992
Germany — 88 / 0341, not properly applied, reasoned
opinion in 1989
Germany — 89 / 0094, not properly applied, referral in 1992

— Case C-317 / 92

Germany — 89 / 0113, not properly applied, reasoned
opinion in 1990
Germany — 90 / 0715, not properly applied, reasoned
opinion in 1992

No C 233 / 160 Official Journal of the European Communities 30 . 8 . 93

Greece — 90 / 0136, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Spain — 91 / 0846, not properly applied, reasoned
opinion in 1992

Italy — 88 / 0422, not properly applied, referral in 1992

— Case C    - 1 39 / 92

Italy — 89 / 0095, not properly applied, reasoned
opinion in 1989

Italy — 90 / 0246, not
opinion in 1991

Italy — 91 / 0849, not
opinion in 1992

Italy — 92 / 0006, not
opinion in 1992

Italy — 92 / 0007, not
opinion in 1992

Italy — 92 / 0008, not
opinion in 1992

Italy — 92 / 0010, not
opinion in 1*992

Italy — 92 / 0011, not
opinion in 1992

Italy — 92 / 0013, not
opinion in 1992

Italy — 92 / 0014, not
opinion in 1992

Netherlands — 89 / 0549, not
opinion in 1991

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

properly applied, reasoned

83 / 0229
Foodstuffs for human consumption — materials intended to
come into contact
Member States which have notified implementing measures : all

83 / 0264

Dangerous preparations and substances
Member States which have notified implementing measures : all

83 / 0265

Labelling of paints
Member States which have notified implementing measures : all

83 / 0276
Lighting and light-signalling devices on motor vehicles
Member States which have notified implementing measures : all

83 / 0341

Cosmetics
Member States which have notified implementing measures : all

83 / 0349

Consolidated accounts
Member States which have notified implementing measures : all
Ireland — 89 / 0322, no measures notified, referral in 1990 —

withdrawn in 1992 — Case C-359 / 90

83 / 0351

Air pollution from engines
Member States which have notified implementing measures : all

83 / 0371

Release of goods for free circulation
Member States which have notified implementing measures : all

83 / 0381

Feedingstuffs
Member States which have notified implementing measures : all

83 / 0417

Caseins
Member States which have notified implementing measures : all

Netherlands — 89 / 0550, not properly applied, reasoned
opinion in 1991         - — terminated in 1992
Netherlands — 89 / 0560, not properly applied, reasoned
opinion in 1991         - — terminated in 1992
Netherlands — 90 / 0120, not properly applied, reasoned
opinion in 1991

Portugal — 91 / 0841, not
opinion in 1992

properly applied, reasoned

83 / 0190

Driver 's seat on tractors
Member States which have notified implementing measures : all

83 / 0191

Cosmetics
Member States which have notified implementing measures : all

83 / 0463
Labelling of foodstuffs
Member States which have notified implementing measures : all
Greece — 90 / 0596, no measures notified, reasoned opinion in

83 / 0201 Greece
Health problems — products containing a small percentage of

meat
Member States which have notified implementing measures : all 83 / 0467

1991 — terminated in 1992

83 / 0206

Noise emissions from aircraft
Member States which have notified implementing measures : all

83 / 0228

Feedingstuffs
Member States which have notified implementing measures : all

Labelling of dangerous substances
Member States which have notified implementing measures : all

83 / 0477

Protection of workers - asbestos
Member States which have notified implementing measures : all

83 / 0478

Dangerous preparations and substances
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 161

83 / 0496

Cosmetics
Member States which have notified implementing measures : all

83 / 0513

Cadmium discharges
Member States which have notified implementing measures : all
France — 88 / 0205, not properly applied, reasoned opinion in

1989

Italy — 87 / 0369, not properly implemented, judgment
13.12.90 — Case C-70 / 89 — terminated in 1992

83 / 0514

Cosmetics
Member States which have notified implementing measures : all

83 / 0570
Proprietary medicinal products
Member States which have notified implementing measures : all

83 / 0572
Carriage of goods by road
Member States which have notified implementing measures : all

83 / 0574

Cosmetics
Member States which have notified implementing measures : all

83 / 0575

Measuring instruments
Member States which have notified implementing measures : all

83 / 0577

Meat products
Member States which have notified implementing measures : all

83 / 0623

Textile names
Member States which have notified implementing measures : all

83 / 0643
Facilitation of inspections of goods
Member States which have notified implementing measures : all
Germany — 87 / 0281, not properly applied, judgment 28.11.89

— Case C    - 186 / 88

Italy — 88 / 0464, not properly applied, referral in 1991 —

Case C-228 / 91

Italy — 90 / 0415, not properly applied, reasoned opinion

in 1991

84 / 0004
Feedingstuffs — official control
Member States which have notified implementing measures : all

84 / 0005

Second Directive on motor-vehicle insurance
Member States which have notified implementing measures : all
Greece — 89 / 0200, no measures notified, referral in
1991 — withdrawn in 1992 — Case C-57 / 91

Luxembourg — 89 / 0172, no measures notified, referral in
1990 — withdrawn in 1992 — Case C-349 / 90

84 / 0008

Lighting and light-signalling devices on motor vehicles
Member States which have notified implementing measures :

84 / 0047

Electrical equipment
Member States which have notified implementing measures : all

84 / 0156

Mercury discharges
Member States which have notified implementing measures : all
Italy — 87 / 0482, not properly implemented, reasoned opinion

in 1990 — terminated in 1992

84 / 0253
Audit of accounting documents

Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, L, P, UK .

Ireland — 89 / 0324, no measures notified, referral in 1990

— withdrawn in 1992 — Case C-359 / 90

Italy — 89 / 0326, no measures notified, reasoned
opinion in 1990 — terminated in 1992
Netherlands — 89 / 0328, no measures notified, judgment
17.11.92 — Case C-157 / 91

84 / 0291

Dangerous preparations ( pesticides )
Member States which have notified implementing measures : all

84 / 0319
Health problems — import of meat — trichinae
Member States which have notified implementing measures : all

84 / 0360
Air pollution from industrial plants
Member States which have notified implementing measures : all
Luxembourg — 89 / 0561, not properly implemented, referral in

1992 — Case C-344 / 92

84 / 0372

Sound level of motor vehicles

Member States which have notified implementing measures : all

84 / 0378
Organisms harmful to plants
Member States which have notified implementing measures : all

84 / 0386

Second VAT Directive
Member States which have notified implementing measures : all

84 / 0414

Thermometers

Member States which have notified implementing measures : all

84 / 0415

Cosmetics
Member States which have notified implementing measures : all

No C 233 / 162 Official Journal of the European Communities 30 . 8 . 93

84 / 0424 84 / 0528

Sound level of motor vehicles Lifting appliances
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

84 / 0425
Feedingstuffs — official control
Member States which have notified implementing measures : all

84 / 0443
Products used in feedingstuffs
Member States which have notified implementing measures : all

84 / 0449
Labelling of dangerous substances
Member States which have notified implementing measures : all

84 / 0450
Misleading advertising
Member States which have notified implementing measures : all
Italy — 88 / 0054, no measures notified, referral in 1989 —

Case C-256 / 89 — withdrawn in 1992

84 / 0466

Radiation protection
Member States which have notified implementing measures : all
Belgium — 90 / 0237, not properly implemented, reasoned

opinion in 1992
Italy — 90 / 0240, not properly implemented, referral in

1992 — Case C-95 / 92

Netherlands — 90 / 0241, not properly implemented, reasoned

opinion in 1991

84 / 0467
Health protection — ionizing radiation
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, L, NL, P, UK .
Italy — 87 / 0233, no measures notified, formal notice ( 171 ) in

84 / 0529
Electrically-operated lifts
Member States which have notified implementing measures : all

84 / 0532
Construction plant and equipment
Member States which have notified implementing measures : all
Ireland — 90 / 0216, not properly implemented, reasoned
opinion in 1991 — terminated in 1992

84 / 0533

Sound power level of compressors
Member States which have notified implementing measures : all

84 / 0534
Sound power level of tower cranes
Member States which have notified implementing measures : all

84 / 0535
Sound power level of welding generators
Member States which have notified implementing measures : all

84 / 0536
Sound power level of power generators
Member States which have notified implementing measures : all

84 / 0537
Sound power level of hand-held concrete-breakers
Member States which have notified implementing measures : all

1992
84 / 0538

84 / 0491 Sound Member power States level which of have lawnmowers notified implementing measures : all

HCH discharges
Member States which have notified implementing measures : all

84 / 0500
Foodstuffs for human consumption — materials intended to
come into contact
Member States which have notified implementing measures : all

84 / 0525
Steel gas cylinders
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, L, NL, UK .
Portugal — 90 / 0841, no measures notified, reasoned opinion

in 1991

84 / 0526

Aluminium gas cylinders
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, L, NL, UK .
Portugal — 90 / 0842, no measures notified, reasoned opinion

in 1991

84 / 0527
Welded steel gas cylinders
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, L, NL, UK .
Portugal — 90 / 0843, no measures notified, reasoned opinion

in 1991

84 / 0539

Electro-medical equipment
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Spain — 90 / 0503, no measures notified, reasoned opinion in

1991

84 / 0587

Feedingstuffs — additives
Member States which have notified implementing measures : all

84 / 0631
Transfrontier shipment of hazardous waste
Member States which have notified implementing measures : all
Italy — 89 / 0656, not properly applied, reasoned opinion in

1991

84 / 0641

Tourist assistance

Member States which have notified implementing measures : all
Italy — 89 / 0178, no measures notified, reasoned
opinion in 1990 — terminated in 1992
Luxembourg — 89 / 0179, no measures notified, referral in

1990 — withdrawn in 1992 — Case C-349 / 90

30 . 8 . 93 Official Journal of the European Communities No C 233 / 163

84 / 0642 85 / 0205
Health problems — trade in poultrymeat Rear-view mirrors of motor vehicles
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

84 / 0643
85 / 0210
Health Member problems States which — trade have in notified animals implementing — foot-and-mouth measures disease : all Member Lead content States of which petrol have notified implementing measures : all

84 / 0644

Health problems — trade in animals — brucellosis 85 / 0298
Member States which have notified implementing measures : all Plant protection products containing certain active substances
Member States which have notified implementing measures : all

84 / 0645

Control of classical swine fever
Member States which have notified implementing measures : all 85 / 0320
Health problems — trade in animals — classical swine fever
Member States which have notified implementing measures : all

84 / 0647

Vehicles hired without drivers
Member States which have notified implementing measures : all 85 / 0321
Health problems — meat products — classical swine fever
Member States which have notified implementing measures : all

85 / 0001

Units of measurement
Member States which have notified implementing measures : all

85 / 0322
Health problems — trade in meat — classical swine fever
85 / 0003 Member States which have notified implementing measures : all
Weights and dimensions of motor vehicles

Member States which have notified implementing measures : all

85 / 0325

Health problems — trade in meat

85 / 0010 Member States which have notified implementing measures : all

Prepackaged liquids
Member States which have notified implementing measures : all
Portugal — 90 / 0848, no measures notified, reasoned opinion

85 / 0010

in 1991 — terminated in 1992 85 / 0326
Health problems — trade in poultrymeat
Member States which have notified implementing measures : all
Portugal — 90 / 0878, no measures notified, reasoned opinion

85 / 0038 —,
Fodder-plant seed in 1992 — terminated in 1992
Member States which have notified implementing measures : all
Portugal — 90 / 0901, no measures notified, reasoned opinion

in 1991 — terminated in 1992
85 / 0327
Health problems — meat products
Member States which have notified implementing measures : all
85 / 0073
Financing of health inspections of fresh meat
Member States which have notified implementing measures : all

85 / 0337

85 / 0146
Measures of length
Member States which have notified implementing measures : all

85 / 0203

Air quality — nitrogen dioxide
Member States which have notified implementing measures : all
Belgium — 88 / 0023, not properly implemented, referral in

1991 — Case C-186 / 91

Germany — 88 / 0035, not properly implemented, reasoned
opinion in 1990

Assessment of the effects of projects on the environment
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, NL, P, UK .

Belgium — 89 / 0652, not properly applied, reasoned
opinion in 1991
Germany — 90 / 0189, not properly applied, referral
23.12.92 — Case C-431 / 92

Spain — 90 / 0129, not properly implemented, reasoned

opinion in 1992
Luxembourg — 90 / 0126, no measures notified, reasoned
opinion in 1991
United — 91 / 2200, not properly implemented, decision
Kingdom on reasoned opinion in 1992 and press release

No C 233 / 164 Official Journal of the European Communities 30 . 8 . 93

85 / 0339 85 / 0406
Containers of liquids for human consumption Sound
Member States which have notified implementing measures : B, Member
DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 87 / 0330, not properly applied, referral in 1989

Sound power level of compressors
Member States which have notified implementing measures : all

— Case C-330 / 89

Spain — 87 / 0337, not properly applied, judgment
10.12.91          -          - Case C-192 / 90

France — 87 / 0332, not properly applied, reasoned
opinion in [1989]

Luxembourg — [ 87] / [0334] [,] not properly applied, judgment
25.7.91 — Case C-252 / 89

Luxembourg — [ 88] / [0157] [,] no measures notified, judgment
25.7.91 — Case C-252 / 89

Portugal — 87 / 0338, not properly applied, reasoned
opinion in [1989]

85 / 0407
Sound power level of welding generators
Member States which have notified implementing measures : all

85 / 0408

Sound power level of power generators
Member States which have notified implementing measures : all

85 / 0409
Sound power level of hand-held concrete-breakers
Member States which have notified implementing measures : all

85 / 0358 85 / 0411

Ban on hormones Conservation of wild birds
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

France — 87 / 0174, not properly applied, reasoned opinion

85 / 0362
VAT — temporary import of goods
Member States which have notified implementing measures : all

85 / 0374

Defective products
Member States which have notified implementing measures :
B, DK, D, EL, IRL, I, L, NL, P, UK .
Spain — 90 / 0519, no measures notified, reasoned opinion

in 1992

France — 89 / 0146, no measures notified, referral in 1991 —

Case C-293 / 91

United — 89 / 0153, not properly implemented, reasoned
Kingdom opinion in 1990

85 / 0384

Architects
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, I, L, NL, P, UK .
Greece — 88 / 0387, no measures notified, judgment 7.11.91 —

Case C-309 / 90

Spain — 90 / 0349, not properly implemented, reasoned
opinion in 1992
Italy — 88 / 0507, no measures notified, judgment 11.7.91 —

Case C-296 / 90 — terminated in 1992

85 / 0391

Cosmetics
Member States which have notified implementing measures : all

85 / 0397
Health problems — trade in milk
Member States which have notified implementing measures : all
Spain — 90 / 0976, no measures notified, reasoned opinion in

1991 terminated in 1992

Italy — 90 / 0257, not properly applied, reasoned opinion in

1990 — terminated in 1992

85 / 0405
Sound emissions from construction plant and equipment
Member States which have notified implementing measures : all

in 1991 — terminated in 1992

Italy — 87 / 0175, no measures notified, judgment 17.1.91

— Case C-334 / 89 — terminated in 1992

United — 88 / 0026, not properly implemented, reasoned
Kingdom opinion in 1990

85 / 0413

Transparency in financial relations ( Member States - public
undertakings )
Member States which have notified implementing measures : all

85 / 0432

Pharmacists
Member States which have notified implementing measures : all
Belgium — 88 / 0265, not properly implemented, formal notice

( 171 ) in 1992
Germany — 90 / 0461, not properly applied, reasoned opinion

in 1992

Greece — 91 / 0432, not properly applied, Art . 169 letter in

1992

Italy — 91 / 0820, not properly applied, reasoned opinion

in 1992

85 / 0433

Pharmacists

Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 88 / 0255, no measures notified, judgment ( 171 )
14.5.91 — Case C-167 / 90

85 / 0444

Seal-pup skins
Member States which have notified implementing measures : all

85 / 0467

Dangerous preparations and substances
Member States which have notified implementing measures : all

85 / 0469
Transfrontier shipment of hazardous waste

Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 165

85 / 0490

Cosmetics
Member States which have notified implementing measures : all

85 / 0503

Caseins
Member States which have notified implementing measures : all

85 / 0509
Feedingstuffs
Member States which have notified implementing measures : all

85 / 0511

Control of foot-and-mouth disease
Member States which have notified implementing measures : all
Portugal — 90 / 0889, no measures notified, reasoned opinion

in 1992 — terminated in 1992

85 / 0536
Crude-oil savings
Member States which have notified implementing measures : all
Italy — 89 / 0175, not properly implemented, reasoned

85 / 0578
Admission to the occupation of road haulage operator
Member States which have notified implementing measures : all

85 / 0579

Admission to the occupation of road passenger transport

operator
Member States which have notified implementing measures : all

85 / 0580

Air quality — nitrogen dioxide
Member States which have notified implementing measures : all

85 / 0581

Lead content of petrol
Member States which have notified implementing measures : all

85 / 0584

Pharmacists
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, NL, P, UK .

Belgium — 88 / 0260, no measures notified, formal notice

opinion in 1990 — terminated in 1992 Belgium — 88 / 0260, no measures notified, formal notice
Netherlands — 89 / 0297, no measures notified, reasoned ( 171 ) in 1992
opinion in 1990 — terminated in 1992 Luxembourg — 88 / 0264, no measures notified, judgment
16.5.91 — Case C-168 / 90

( 171 ) in 1992

85 / 0572

Foodstuffs — articles intended to come into contact

Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, L, NL, P, UK .
Belgium — 91 / 0261, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Denmark — 91 / 0286, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Germany — 91 / 0242, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Greece — 91 / 0349, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Spain — 91 / 0307, no measures notified, reasoned opinion

in 1 992 — terminated in 1 992

Ireland — 91 / 0378, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Italy — 91 / 0398, no measures notified, reasoned opinion

in 1992

United — 91 / 0532, no measures notified, reasoned opinion
Kingdom in 1992 — terminated in 1992

85 / 0586
Health problems — trade in animals and meat
Member States which have notified implementing measures : all

85 / 0591

Foodstuffs for human consumption
Member States which have notified implementing measures : all

85 / 0610

Dangerous preparations and substances
Member States which have notified implementing measures : all

85 / 0611

Undertakings for collective investment
Member States which have notified implementing measures :
B, DK, D, E, F, IRL, I, L, NL, UK .
Greece — 92 / 0600, no measures notified, Art . 169 letter in

1992

85 / 0574 Portugal — 92 / 0633, no measures notified, Art . 169 letter in
1992

Organisms harmful to plants
Member States which have notified implementing measures : all

85 / 0576
Tax exemptions for small consignments
Member States which have notified implementing measures : all

85 / 0577
Contracts negotiated away from business premises
Member States which have notified implementing measures : all
Spain — 90 / 0566, no measures notified, Art . 169 letter in 1990

— terminated in 1992

Italy — 89 / 0011, no measures notified, referral — Case
C-357 / 90 — withdrawn in 1992

85 / 0614

Architects

Member States which have notified implementing measures :
B, DK, D, E, F, IRL, I, L, NL, P, UK .
Greece — 88 / 0388, no measures notified, judgment 7.11.91 —

Case C-309 / 90

Italy — 88 / 0509, no measures notified, judgment 11.7.91 —

Case C-296 / 90 — terminated in 1992

85 / 0647

Braking devices of motor vehicles
Member States which have notified implementing measures : all

No C 233 / 166 Official Journal of the European Communities 30 . 8 . 93

86 / 0017 86 / 0214
Architects Plant protection products containing certain active substances
Member States which have notified implementing measures : B, Member States which have notified implementing measures : all
DK, D, E, F, IRL, L, NL, P, UK .
Greece — 88 / 0389, no measures notified, judgment 7.11.91 —

Case C-309 / 90

Spain — 90 / 0349, not properly implemented, reasoned
opinion in 1992
Italy — 88 / 0547, no measures notified, judgment 11.7.91 —

Case C-296 / 90 — terminated in 1992

86 / 0096

Prepackaging
Member States which have notified implementing measures : all
Portugal — 90 / 0849, no measures notified, Art . 169 letter in

1990 — terminated in 1992

86 / 0109

Certified seed

Member States which have notified implementing measures : all
Portugal — 90 / 0902, no measures notified, reasoned opinion

in 1991 — terminated in 1992

86 / 0217

Pressure gauges
Member States which have notified implementing measures : all

86 / 0246

Taxes on tobacco
Member States which have notified implementing measures : all

86 / 0267

Vine varieties
Member States which have notified implementing measures : all

86 / 0278

Sewage sludge used in agriculture
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 90 / 0230, no measures notified, reasoned opinion in

1991

86 / 0121
Transfrontier shipment of hazardous waste
Member States which have notified implementing measures : all 86 / 0279
Transfrontier shipment of hazardous waste
86 / 0122 Member States which have notified implementing measures : all

Conservation of wild birds
Member States which have notified implementing measures : all

86 / 0155

Seed
Member States which have notified implementing measures : all
Portugal — 90 / 0950, no measures notified, reasoned opinion

in 1991 — terminated in 1992

86 / 0174

Compound feedingstuffs for poultry
Member States which have notified implementing measures : all

86 / 0179

Cosmetics
Member States which have notified implementing measures : all

86 / 0188

Protection of workers from noise
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 91 / 0151, no measures notified, Art . 169 letter

1991 — terminated in 1992

Luxembourg — 90 / 0719, no measures notified, reasoned
opinion in 1992
Netherlands — 90 / 0753, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Portugal — 91 / 0488, no measures notified, reasoned
opinion in 1992 — terminated in 1992

86 / 0280

Dangerous substances in the sea
Member States which have notified implementing measures :
B, DK, D, EL, E, F, I, L, NL, P, UK .
Ireland — 89 / 0254, no measures notified, reasoned
opinion in 1992
Netherlands — 90 / 0106, not properly implemented, reasoned

opinion in 1992

86 / 0295

Construction plant
Member States which have notified implementing measures : all
Spain — 90 / 0504, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Portugal — 90 / 0851, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Netherlands — 89 / 0596, no measures notified, referral in 1991

— Case C-204 / 91 — withdrawn in 1992

86 / 0296

Construction plant
Member States which have notified implementing measures : all
Spain — 90 / 0505, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Portugal — 90 / 0852, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Netherlands — 89 / 0597, no measures notified, referral in 1991

— Case C-205 / 91 — withdrawn in 1992

86 / 0199 86 / 0297

Cosmetics Power take-offs of tractors
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 167

86 / 0298 86 / 0424

Roll-over protection of tractors Caseins
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

86 / 0299
Feedingstuffs — undesirable substances
Member States which have notified implementing measures : all

86 / 0312

Electrically-operated lifts
Member States which have notified implementing measures : all

86 / 0320

Cereal seed

Member States which have notified implementing measures : all
Italy — 91 / 0097, no measures notified, reasoned opinion in

1991 — terminated in 1992

86 / 0354

Compound feedingstuffs
Member States which have notified implementing measures : all

86 / 0355

Plant protection products containing certain active substances
Member States which have notified implementing measures : all

86 / 0360

Weights and dimensions of motor vehicles
Member States which have notified implementing measures : all

86 / 0362

Pesticide residues in cereals
Member States which have notified implementing measures : all

86 / 0363
Pesticide residues in foodstuffs of animal origin
Member States which have notified implementing measures : all

86 / 0364
Weights and dimensions of motor vehicles
Member States which have notified implementing measures : all

86 / 0378

Equal treatment of men and women
Member States which have notified implementing measures :
D, E, F, IRL, P, UK .

Belgium — 90 / 0341, no measures notified, Art . 169 letter

in 1990

Denmark — 90 / 0342, no measures notified, Art . 169 letter

in 1990

Greece — 90 / 0343, no measures notified, Art . 169 letter

in 1990

Italy — 90 / 0344, no measures notified, Art . 169 letter

in 1990

Luxembourg — 90 / 0345, no measures notified, Art . 169 letter

86 / 0431

Labelling of dangerous substances
Member States which have notified implementing measures : all

86 / 0457

Training in general medicine
Member States which have notified implementing measures : all

86 / 0469

Examination of meat for the presence of residues
Member States which have notified implementing measures : all

86 / 0489

Mutual assistance
Member States which have notified implementing measures : all

86 / 0508
Labelling of paints
Member States which have notified implementing measures : all

86 / 0530
Products used in feedingstuffs
Member States which have notified implementing measures : all

86 / 0544

Combined transport
Member States which have notified implementing measures : all

86 / 0545

Organisms harmful to plants
Member States which have notified implementing measures : all

86 / 0546

Organisms harmful to plants
Member States which have notified implementing measures : all

86 / 0547

Organisms harmful to plants
Member States which have notified implementing measures : all

86 / 0560
VAT — taxable persons not established in Community territory
Member States which have notified implementing measures : all

86 / 0562

Rear-view mirrors of motor vehicles
Member States which have notified implementing measures : all

in 1990

86 / 0587
Netherlands — 91 / 0134, no measures notified, Art . 169 letter Health problems — trade in meat

in 1990 Member States which have notified implementing measures : all

in 1990

86 / 0415 86 / 0594
Controls of tractors Noise from household appliances
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

No C 233 / 168 Official Journal of the European Communities 30 . 8 . 93

86 / 0609 86 / 0663

Protection of animals Self-propelled industrial trucks
Member States which have notified implementing measures : Member States which have notified implementing measures : all
B, DK, D, EL, E, F, IRL, I, NL, P, UK . Netherlands — 89 / 0598, no measures notified, referral in 1991

Protection of animals
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 91 / 0150, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 90 / 0693, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Luxembourg — 90 / 0730, no measures notified, reasoned
opinion in 1992
Portugal — 90 / 0932, no measures notified, reasoned
opinion in 1992 — terminated in 1992

— Case C-202 / 91 — withdrawn in 1992

Portugal — 90 / 0854, no measures notified, reasoned
opinion in 1991 — terminated in 1992

86 / 0664

VAT — travellers ' allowances

Member States which have notified implementing measures : all

86 / 0613
87 / 0018
Equal treatment of men and women Chemical
Member States which have notified implementing measures : all

Member

Netherlands — 92 / 0431, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0520, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Chemical substances — verification of tests
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Spain — 90 / 0064, no measures notified, reasoned
opinion in 1991
Netherlands — 90 / 0298, not properly implemented, reasoned

opinion in 1992 — terminated in 1992
86 / 0635 United — 91 / 0062, no measures notified, Art . 169 letter

Annual accounts of banks Kingdom in 1991 — terminated in 1992

Annual accounts of banks

Member States which have notified implementing measures :
B, DK, D, E, F, IRL, I, L, P, UK .

Belgium — 91 / 0280, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Germany — 91 / 0473, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Greece — 91 / 0370, no measures notified, reasoned
opinion in 1992
Ireland — 91 / 0393, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 91 / 0420, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0443, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Netherlands — 91 / 0482, no measures notified, reasoned
opinion in 1992

86 / 0651

Organisms harmful to plants
Member States which have notified implementing measures : all

86 / 0653
Commercial agents
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 90 / 0444, no measures notified, reasoned
opinion in 1992
Spain — 90 / 0537, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Luxembourg — 90 / 0718, no measures notified, reasoned
opinion in 1992

87 / 0019

Proprietary medicinal products
Member States which have notified implementing measures : all

87 / 0020

Veterinary medicines

Member States which have notified implementing measures : all
Italy — 88 / 0094, no measures notified, reasoned opinion in

1989 — terminated in 1992

87 / 0021

Proprietary medicinal products
Member States which have notified implementing measures : all

87 / 0022
High-technology medicinal products
Member States which have notified implementing measures : all

87 / 0053

Facilitation of inspections of goods
Member States which have notified implementing measures : all

87 / 0054

Legal protection of semi-conductor products
Member States which have notified implementing measures : all

86 / 0662 87 / 0055
Noise from hydraulic excavators Foodstuffs for human consumption — antioxidants
Member States which have notified implementing measures : Member States which have notified implementing measures : all
B, DK, D, EL, E, F, IRL, L, NL, P, UK .
Italy — 90 / 0063, no measures notified, reasoned
opinion in 1991 87 / 0056
Netherlands — 90 / 0227, not properly implemented, reasoned Sound level of motorcycles

opinion in 1991

87 / 0056

Sound level of motorcycles
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 169

87 / 0101 87 / 0216

Disposal of waste oils Major-accident hazards
Member States which have notified implementing measures : Member States which have notified implementing measures : all
B, DK, D, EL, E, F, I, L, NL, P, UK .
Belgium — 91 / 0149, no measures notified, reasoned opinion in

1991 — terminated in 1992

Greece — 90 / 0625, no measures notified, reasoned opinion in

1992 — terminated in 1992

Ireland — 90 / 0660, no measures notified, referral 16.12.92 —

Case C-41 8 / 92

Italy — 90 / 0694, no measures notified, reasoned opinion in

1992 — terminated in 1992

87 / 0102

Consumer credit
Member States which have notified implementing measures :
B, DK, D, EL, F, I, NL, P, UK .
Spain — 90 / 0567, no measures notified, reasoned
opinion in 1992
Ireland — 90 / 0667, no measures notified, reasoned
opinion in 1992
Italy — 90 / 0699, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Luxembourg — 90 / 0737, no measures notified, reasoned
opinion in 1992
Netherlands — 90 / 0768, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

87 / 0217

Pollution by asbestos
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, L, NL, P, UK .

Greece — 92 / 0281, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Italy — 90 / 0065, no measures notified, reasoned opinion in

1991

87 / 0219

Sulphur content of liquid fuelds
Member States which have notified implementing measures : all
Italy — 90 / 0508, no measures notified, Art . 169 letter in 1990

— terminated in 1992

87 / 0234
Straight feedingstuffs
Member States which have notified implementing measures : all

87 / 0235

Compound feedingstuffs
87 / 0112 Member States which have notified implementing measures : all
Transfrontier shipment of hazardous waste
Member States which have notified implementing measures : all

87 / 0238
87 / 0120
Feedingstuffs — undesirable substances

Seeds and propagating materials Member States which have notified implementing measures : all
Member States which have notified implementing measures : all
Portugal — 90 / 0951, no measures notified, reasoned opinion

in 1991 — terminated in 1992

87 / 0137

Cosmetics
Member States which have notified implementing measures : all

87 / 0140

Textile names
Member States which have notified implementing measures : all
Italy — 89 / 0431, no measures notified, referral in 1991 —

Case C-227 / 91 — withdrawn in 1992

87 / 0143

Cosmetics
Member States which have notified implementing measures : all

87 / 0153
Feedingstuffs — additives
Member States which have notified implementing measures : all

87 / 0181

Plant protection products containing certain active substances
Member States which have notified implementing measures : all

87 / 0184

Analysis of textile fibres
Member States which have notified implementing measures : all
Italy — 89 / 0431, no measures notified, referral in 1991 —

Case C-227 / 91 — withdrawn in 1992

87 / 0250
Labelling of alcoholic beverages
Member States which have notified implementing measures : all
Portugal — 90 / 0803, no measures notified, reasoned opinion

in 1991 — terminated in 1992

87 / 0252

Sound power level of lawnriiowers
Member States which have notified implementing measures : all
Belgium — 88 / 0431, no measures notified, reasoned opinion in

1 990 — terminated in 1 992

Italy — 89 / 0205, no measures notified, reasoned opinion in

1990 — terminated in 1992

87 / 0298
Organisms harmful to plants
Member States which have notified implementing measures : all

87 / 0328

Cattle for breeding
Member States which have notified implementing measures :
B, DK, D, EL, E, F, I, L, P, UK .
Spain — 92 / 0144, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Ireland — 89 / 0493, no measures notified, judgment
17.11.1992 — Case C-236 / 91

No C 233 / 170 Official Journal of the European Communities 30 . 8 . 93

Netherlands — 89 / 0500, no measures notified, referral in 1992 87 / 0358

— Case C-303 / 92

United — 88 / 0442, not properly applied, reasoned
Kingdom opinion in 1990 — terminated in 1992

Type-approval of motor vehicles

Member States which have notified implementing measures : all

87 / 0372
87 / 0343 Cellular communications — frequency bands to be reserved
Credit insurance and suretyship insurance Member States which have notified implementing measures : all
Member States which have notified implementing measures : all
Ireland — 90 / 0663, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Italy — 90 / 0493, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Luxembourg — 91 / 0169, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

87 / 0402
Roll-over protection of tractors
Member States which have notified implementing measures : all

87 / 0403
Type-approval of motor vehicles

87 / 0344 Member States which have notified implementing measures : all

Legal-expenses insurance
Member States which have notified implementing measures : all
Italy — 90 / 0794, no measures notified, Art . 169 letter 87 / 0404

in 1990 — terminated in 1992

Luxembourg — 91 / 0170, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

87 / 0345

Admission of securities to stock exchange listing — particulars
to be published
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Greece — 90 / 0632, no measures notified, Art . 169 letter in

1990 — terminated in 1992

Spain — 91 / 0327, no measures notified, reasoned opinion in

1992

87 / 0404

Pressure vessels
Member States which have notified implementing measures : all
Germany — 90 / 0186, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 90 / 0710, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Netherlands — 90 / 0747, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Portugal — 90 / 0860, no measures notified, reasoned
opinion in 1991 — terminated in 1992
United — 91 / 0072, no measures notified, reasoned
Kingdom opinion in 1991 — terminated in 1992

87 / 0405

87 / 0354 Sound power level of tower cranes
Member States which have notified implementing measures :

Industrial Member States products which — distinctive have notified numbers implementing and letters measures : B, DK, EL, E, F, IRL, I, L, NL, P, UK .
B DK D EL E F IRL I L NL UK Germany — 90 / 0433, no measures notified, reasoned opinion

Industrial products — distinctive numbers and letters
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, L, NL, UK .
Portugal — 90 / 0857, no measures notified, reasoned opinion

in 1992

Italy — 90 / 0370, no measures notified, reasoned opinion

in 1991 — terminated in 1992

in 1992

87 / 0355

Measuring instruments 87 / 0416
Member States which have notified implementing measures : all Lead content of petrol
Italy — 88 / 0404, no measures notified, referral in 1990 — Member States which have notified implementing measures : all

withdrawn 1992 — Case C-366 / 90

87 / 0432

87 / 0356 Labelling of dangerous substances
Prepackaged products Member States which have notified implementing measures : all
Member States which have notified implementing measures : all
Italy — 89 / 0193, no measures notified, referral in 1990 —

withdrawn in 1992 — Case C-365 / 90

Portugal — 90 / 0859, no measures notified, Art . 169 letter in

1990 — terminated in 1992

87 / 0357
Safety of consumers
Member States which have notified implementing measures : all
Ireland — 90 / 0665, no measures notified, reasoned opinion in

1992 — terminated in 1992

Italy — 90 / 0698, no measures notified, Art . 169 letter in

1990 — terminated in 1992

87 / 0441

Crude-oil savings
Member States which have notified implementing measures : all
Italy — 89 / 0175, no measures notified, reasoned
opinion in 1990 — terminated in 1992
Netherlands — 89 / 0297, no measures notified, reasoned
opinion in 1991 — terminated in 1992

87 / 0477

Plant protection products containing certain active substances
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 171

87 / 0480

Seed

Member States which have notified implementing measures : all
Luxembourg — 91 / 0160, no measures notified, referral in
1992 — Case C-323 / 92 ( withdrawn in 1993 )
Portugal — 91 / 0027, no measures notified, reasoned
opinion in 1991 — terminated in 1992

87 / 0481

Vegetable seed
Member States which have notified implementing measures : all
Italy — 90 / 0685, no measures notified, referral in 1992

88 / 0035

Electrical equipment
Member States which have notified implementing measures : all
Denmark — 89 / 0459, no measures notified, Art . 169 letter

in 1989 — terminated in 1992

Spain — 90 / 0540, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

France — 89 / 0460, no measures notified, Art . 169 letter

in 1989 — terminated in 1992

Italy — 89 / 0463, no measures notified, Art . 169 letter

in 1989 — terminated in 1992

Luxembourg — 89 / 0464, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Netherlands — 89 / 0465, no measures notified, reasoned
opinion in 1992 — terminated in 1992

— Case C-361 / 92 ( withdrawn in 1993 )
Netherlands — 90 / 0755, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Portugal — 91 / 0513, no measures notified, reasoned
opinion in 1991 — terminated in 1992 88 / 0076

87 / 0486

Control of classical swine fever
Member States which have notified implementing measures : all

87 / 0487

Classical swine fever
Member States which have notified implementing measures : all

87 / 0489

Health problems — trade in animals — classical swine fever
Member States which have notified implementing measures : all

87 / 0491

Health problems — meat products
Member States which have notified implementing measures : all

87 / 0524

Preserved milk

Member States which have notified implementing measures : all
Portugal — 90 / 0804, no measures notified, Art . 169 letter in

1990 — terminated in 1992

87 / 0540

Admission to the occupation of carrier of goods by waterway
Member States which have notified implementing measures :
DK, EL, E, F, IRL, NL, P, UK .
Belgium — 89 / 0364, no measures notified, judgment
26.2.92 — Case C-377 / 90

Germany — 89 / 0456, no measures notified, referral in
1992 — Case C-316 / 92

France — 89 / 0365, no measures notified, reasoned
opinion in 1990 — terminated in 1992
Italy — 90 / 0055, no measures notified, reasoned
opinion in 1991
Luxembourg — 89 / 0366, no measures notified, referral
22.12.92 — Case C-427 / 92

Netherlands — 91 / 0825, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Air pollution from motor vehicles
Member States which have notified implementing measures : all

88 / 0077

Emissions from diesel engines
Member States which have notified implementing measures : all

88 / 0095

Beet seed
Member States which have notified implementing measures : all
Portugal — 91 / 0514, no measures notified, reasoned opinion

in 1991 — terminated in 1992

88 / 0126

Fertilizers
Member States which have notified implementing measures : all

88 / 0146

Ban on hormones
Member States which have notified implementing measures : all

88 / 0166
Protection of laying hens kept in battery cages
Member States which have notified implementing measures : all

88 / 0180
Sound power level of lawnmowers
Member States which have notified implementing measures : all
Germany — 92 / 0099, no measures notified, Art . 169 letter in

1992 — terminated in 1992

United — 92 / 0522, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

88 / 0181

Sound power level of lawnmowers
Member States which have notified implementing measures :
B, DK, D, EL, E, IRL, I, L, NL, P, UK .
Germany — 92 / 0100, no measures notified, Art . 169 letter in

1992 — terminated in 1992

France — 92 / 0197, no measures notified, Art . 169 letter in

87 / 0566 1992
Member Fertilizers States which have notified implementing measures : all United Kingdom — 92 in 1992 / 0523 —, no terminated measures in notified 1992, Art . 169 letter

No C 233 / 172 Official Journal of the European Communities 30 . 8 . 93

88 / 0182

Technical standards

Member States which have notified implementing measures : all
Greece 91 / 0641, not properly applied, reasoned
opinion in [1992] [ —] [ terminated] [ in] [ 1992]

Greece — 91 / 0749, not properly applied, reasoned
opinion in [1992] [ —] [ terminated] [ in] [ 1992]

Spain — 91 / 0457, not properly applied, reasoned
opinion in [1992]

Spain — 91 / 0748, not properly applied, reasoned
opinion in [1992]
Italy — 91 / 0565, not properly applied, reasoned
opinion in [1991]
Netherlands — 91 / 0747, not properly applied, reasoned
opinion in [1992]
Portugal — 91 / 0295, not properly applied, reasoned
opinion in [1992] [ —] [ terminated] [ in] [ 1] [ 992]

88 / 0183
Liquid fertilizers
Member States which have notified implementing measures : all

88 / 0194
Braking devices of motor vehicles
Member States which have notified implementing measures : all

88 / 0195
Engine power of motor vehicles
Member States which have notified implementing measures : all

88 / 0218

88 / 0295

Public contracts

Member States which have notified implementing measures :
B, DK, D, F, IRL, I, L, NL, P, UK .

Germany — 92 / 2005, not properly implemented, reasoned

opinion in 1992
Greece — 91 / 0726, not properly applied, reasoned
opinion in 1992
Greece — 92 / 0601, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0588, no measures notified, Art . 169 letter

in 1992

Ireland — 89 / 0662, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Italy — 89 / 0449, no measures notified, reasoned
opinion in 1992 — withdrawn in 1992 — Case
C-82 / 91

Italy — 89 / 0519, not properly applied, reasoned
opinion in 1990 — terminated in 1992
Italy — 90 / 0439, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Italy — 91 / 0619, not properly applied, referral in 1991

— Case C-272 / 91

Italy — 91 / 0725, not properly applied, reasoned
opinion in 1992
Italy — 91 / 0764, not properly implemented, reasoned

opinion in 1992
Netherlands — 89 / 0580, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Netherlands — 91 / 0770, not properly applied, reasoned
opinion in 1992 — terminated in 1992
Netherlands — 92 / 0572, not properly applied, reasoned
opinion in 1992

Weights and dimensions of motor vehicles 88 / 0297
Member States which have notified implementing measures : all Type-approval of tractors
Member States which have notified implementing measures : all

88 / 0233

Cosmetics
Member States which have notified implementing measures : all

88 / 0298
Pesticides in fruit and vegetables and cereals
Member States which have notified implementing measures : all

88 / 0271
Organisms harmful to plants
Member States which have notified implementing measures : all 88 / 0299
Meat and animals from non-member countries
Member States which have notified implementing measures : all

88 / 0272 Italy — 90 / 0964, no measures notified, reasoned opinion in
1991 — terminated in 1992
Organisms harmful to plants
Member States which have notified implementing measures : all

88 / 0288
Health problems — trade in meats
Member States which have notified implementing measures : all

88 / 0301

Competition in the markets in telecommunications terminals
Member States which have notified implementing measures : all
Belgium — 89 / 0330, not properly applied, reasoned opinion in

1991

Spain — 90 / 0096, not properly implemented, reasoned
88 / 0289 opinion in 1990 — terminated in 1992

Health problems — animals and meat from non — member
countries
Member States which have notified implementing measures : all 88 / 0302
Belgium — 89 / 0516, no measures notified, referral in 1991 — Labelling of dangerous substances

Case C-297 / 91 — withdrawn in 1992

88 / 0302
Labelling of dangerous substances
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 173

88 / 0314 88 / 0344

Indication of the prices of non-food products Foodstuffs for human consumption — extraction solvents
Member States which have notified implementing measures : Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK . B, DK, D, EL, E, F, IRL, I, L, NL, P.
Spain — 91 / 0019, no measures notified, reasoned Portugal — 92 / 0519, no measures notified, Art . 169 letter in

Indication of the prices of non-food products
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Spain — 91 / 0019, no measures notified, reasoned
opinion in 1992
Ireland — 91 / 0118, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 90 / 0700, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Netherlands — 90 / 0769, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

88 / 0315

Indication of the prices of foodstuffs
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Spain — 91 / 0020, no measures notified, reasoned
opinion in 1992
Ireland — 91 / 0117, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 90 / 0701, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Netherlands — 90 / 0770, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

1992 — terminated in 1992

United — 92 / 0524, no measures notified, Art . 169 letter in
Kingdom 1992

88 / 0347

Dangerous substances in the sea
Member States which have notified implementing measures : all
Belgium — 89 / 0444, no measures notified, reasoned opinion in

1992 — terminated in 1992

Ireland — 89 / 0447, no measures notified, Art . 169 letter in

1989 — terminated in 1992

Italy — 90 / 0128, no measures notified, reasoned opinion in

1991 — terminated in 1992

88 / 0357

Second Directive on insurance other than life assurance
Member States which have notified implementing measures :
B, DK, D, E, F, IRL, I, L, NL, P, UK .
Greece — 90 / 0631, no measures notified, reasoned
opinion in 1992
Italy — 90 / 0795, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Luxembourg — 90 / 0735, no measures notified, Art . 169 letter

88 / 0316 —, no measures
in 1990 — terminated in 1992

Prepackaged liquids
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Spain — 90 / 0507, no measures notified, reasoned opinion

in 1990 — terminated in 1992

Italy — 89 / 0194, no measures notified, referral in 1990

Case C-90 / 363 — withdrawn in 1992

Portugal — 90 / 0861, no measures notified, reasoned opinion

88 / 0361

Capital movements
Member States which have notified implementing measures : all

88 / 0364

Portugal — 90 / 0861, no measures notified, reasoned opinion

in 1991 — terminated in 1992 Protection of workers against specific agents

Member States which have notified implementing measures : all .
Luxembourg — 90 / 0720, no measures notified, reasoned
88 / 0320 opinion in 1992 — terminated in 1992

in 1991 — terminated in 1992

Good laboratory practice
Member States which have notified implementing measures : 88 / 0366
B, DK, D, EL, F, IRL, I, L, NL, P, UK . Driver 's
Greece — 91 / 0035, no measures notified, Art . 169 letter in Member

1991 — terminated in 1992

Spain — 90 / 0509, no measures notified, reasoned opinion in

1992

Italy — 91 / 0095, no measures notified, Art . 169 letter in

1991 — terminated in 1992

88 / 0321

Rear-view mirrors of motor vehicles
Member States which have notified implementing measures : all

88 / 0331

VAT — final import of goods
Member States which have notified implementing measures :
B, DK, D, EL, E, F, L, NL, P, UK .
Ireland — 89 / 0581, no measures notified, reasoned opinion in

1991 — terminated in 1992

Italy — 89 / 0578, no measures notified, Art . 169 letter in

Driver 's field of vision in motor vehicles
Member States which have notified implementing measures : all

88 / 0378
Toy safety
Member States which have notified implementing measures : all
Greece — 91 / 0560, not properly implemented, reasoned

opinion in 1991 — terminated in 1992
Luxembourg — 90 / 0738, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

88 / 0379

Dangerous preparations
Member States which have notified implementing measures :
DK, EL, F, IRL, I, NL, P.
Belgium — 90 / 0024, no mesures notified, Art . 169 letter

in 1992

Germany — 92 / 0101, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0145, no measures notified, Art . 169 letter

1989 in 1992

No C 233 / 174 Official Journal of the European Communities 30 . 8 . 93

Ireland - — 92 / 0282, no measures notified, Art. 169 letter Belgium — 91 / 0271, no measures notified, reasoned
in 1992 ( to be terminated in 1993 ) opinion in [1991] [ —] [ terminated] [ in] [ 1992]

Italy — 90 / 0538, not properly applied, reasoned Spain — 91 / 0318, no measures notified, reasoned
opinion in 1991 opinion in [1991]

Luxembourg — 92 / 0376, no measures notified, Art. [169] [ letter] Ireland — 91 / 0384, no measures notified, reasoned
in 1992 opinion in [1991] [ —] [ terminated] [ in] [ 1992]

Portugal — 90 / 0518 [,] no measures notified [,] Art. [ 169] [ letter] Italy — 91 / 0410, no measures notified, reasoned
in 1992 — terminated in 1992 opinion in [1991] [ —] [ terminated] [ in] [ 1992]

United — 92 / 0525, no measures notified, Art. 169 letter Luxembourg — 91 / 0436, no measures notified, referral in
Kingdom in 1992 1992 — Case C-322 / 92

88 / 0380 88 / 0410

Seed
Member States which have notified implementing measures : Member
B, DK, D, EL, E, IRL, I, NL, P
France — 92 / 0769, no measures notified, Art . 169 letter 88 / 0411

Characteristics of tractors

Member States which have notified implementing measures : all

in 1992

Ireland — 92 / 0792, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Italy — 91 / 0094, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 91 / 0161, no measures notified, referral in

1992 — Case C-325 / 92

Netherlands — 92 / 0874, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Portugal - — 91 / 0028, no measures notified, reasoned

. opinion in 1991 — terminated in 1992
United — 92 / 0916, no measures notified, Art . 169 letter
Kingdom in 1992

88 / 0388

Flavourings
Member States which have notified implementing measures : all
Germany — 90 / 0422, no measures notified, Art . 169 letter in

1990 — terminated in 1992

Ireland — 90 / 0638, no measures notified, reasoned opinion

in 1991 — terminated in 1992

Italy — 90 / 0671, no measures notified, reasoned opinion

in 1991 — terminated in 1992

88 / 0411
Steering equipment of tractors
Member States which have notified implementing measures : all

88 / 0412
Maximum speed of tractors
Member States which have notified implementing measures : all

88 / 0413
Roll-over protection of tractors
Member States which have notified implementing measures : all

88 / 0414

Doors and windows of tractors

Member States which have notified implementing measures : all

88 / 0430
Organisms harmful to plants
Member States which have notified implementing measures : all

88 / 0436
Particulate emissions from diesel engines
Member States which have notified implementing measures : all

88 / 0406 88 / 0449
Roadworthiness tests for motor vehicles

Health problems — trade in animals — enzootic bovine leukosis
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

Ireland — 90 / 0114, no measures notified, reasoned opinion in

1991 — terminated in 1992

88 / 0407

Bovine semen
Member States which have notified implementing measures :
B, DK, D, EL, E, F, I, L, NL, P, UK .
Belgium — 90 / 0446, no measures notified, reasoned
opinion in 1991 ( to be terminated in 1993 )
Ireland — 90 / 0652, no measures notified, referral in

1992 — Case C-381 / 92

Italy — 90 / 0684, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Luxembourg — 90 / 0724, no measures notified, reasoned
opinion in 1991 — terminated in 1992

88 / 0409
Fees for the inspection of meat
Member States which have notified implementing measures :
B, DK, D, F, IRL, I, NL, P, UK .
( Member States which were sent sent an Art . 169 letter in 1993
for failure to notify measures : EL .)

88 / 0465

Driver 's seat on tractors
Member States which have notified implementing measures : all

88 / 0485

Products used in feedingstuffs
Member States which have notified implementing measures : all

88 / 0490
Labelling of dangerous substances
Member States which have notified implementing measures : all
Belgium — 91 / 0147, no measures notified, Art . 169 letter in

1991 — terminated in 1992

France — 90 / 0588, no measures notified, Art . 169 letter in

1990 — terminated in 1992

Italy — 90 / 0696, no measures notified, Art . 169 letter in

1990 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 175

88 / 0571

Electrical equipment
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, NL, P, UK .

Ireland — 90 / 0646, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 90 / 0711, no measures notified, reasoned
opinion in 1991

88 / 0572

Greece — 91 / 0373, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 91 / 0422, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0446, no measures notified, reasoned
opinion in 1992 ( to be terminated in 1993 )
United — 91 / 0551, no measures notified, reasoned
Kingdom opinion in 1992

Organisms harmful to plants
Member States which have notified implementing measures : all 88 / 0642

88 / 0593

Jams, jellies and marmalades

Member States which have notified implementing measures : all
Germany — 90 / 0423, no measures notified, reasoned

. opinion in 1991 — terminated in 1992
France — 90 / 0570, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Ireland — 90 / 0639, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Netherlands — 90 / 0742, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Portugal — 90 / 0806, no measures notified, reasoned
opinion in 1992 — terminated in 1992

Protection of workers against chemicals
Member States which have notified implementing measures : all
Belgium — 91 / 0266, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Greece — 91 / 0354, no measures notified, Art . 169 letter in

1991 — terminated in 1992

France — 91 / 0332, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Ireland — 91 / 0383, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Portugal — 91 / 0489, no measures notified, Art . 169 letter in

1991 — terminated in 1992

88 / 0599 88 / 0657
Transport by road — social legislation — recording equipment Health problems — trade in minced meat
Member States which have notified implementing measures : Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, NL, P, UK . B, DK, D, EL, E, F, I, L, NL, P, UK .
Belgium — 90 / 0052, no measures notified, reasoned Belgium — 92 / 0025, no measures notified, Art . 169 letter
opinion in 1991 in 1992 — terminated in 1992
Italy — 90 / 0061, no measures notified, reasoned Denmark — 92 / 0075, no measures notified, Art . 169 letter
opinion in 1991 in 1992 — terminated in 1992
Luxembourg — 91 / 0003, no measures notified, reasoned Spain — 91 / 0742, not properly applied, reasoned
opinion in 1991 opinion in 1992

Spain — 92 / 0146, no measures notified, Art . 169 letter

88 / 0609
Emissions from large combustion plants
Member States which have notified implementing measures :
B, DK, D, E, F, IRL, I, L, NL, P, UK .
Belgium — 91 / 0146, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Greece — 90 / 0622, no measures notified, reasoned opinion in

1992

Ireland — 90 / 0657, no measures notified, reasoned opinion in

1991 — terminated in 1992

88 / 0610

Major-accident hazards
Member States which have notified implementing measures :
B, DK, D, E, F, IRL, I, L, NL, P, UK .

Greece — 90 / 0628, no measures notified, reasoned
opinion in 1992
Ireland — 90 / 0662, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 90 / 0732, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

88 / 0627

Major holdings in a listed company
Member States which have notified implementing measures :
B, DK, EL, E, F, IRL, I, L, NL, P.

Germany — 91 / 0257, no measures notified, reasoned
opinion in 1992

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0283, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0432, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
United — 92 / 0526, no measures notified, Art . 169
Kingdom letter in 1992 ( to be terminated in 1993 )

88 / 0658

Health problems — meat products
Member States which have notified implementing measures :
B, DK, D, EL, F, I, L, NL, P, UK .
Belgium — 91 / 0145, no measures notified, reasoned
opinion in 1991 ( to be terminated in 1993 )
Germany — 91 / 0183, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Spain — 91 / 0015, no measures notified, referral in
1992 — Case C-378 / 92

Ireland — 91 / 0113, no measures notified, referral in

1992 — Case C-381 / 92

Italy — 91 / 0093, no measures notified, referral in

1992 — Case C-362 / 92 ( withdrawn in 1993 )
Luxembourg — 91 / 0164, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Netherlands — 91 / 0131, no measures notified, reasoned
opinion in 1991 — terminated in 1992

No C 233 / 176 Official Journal of the European Communities 30 . 8 . 93

88 / 0660
Luxembourg — 91 / 0684, no measures notified, Art . 169 letter

Health problems — meat products
Member States which have notified implementing measures : all

in 1991 — terminated in 1992

Netherlands — 91 / 0688, no measures notified, reasoned
opinion in 1992
Portugal — 91 / 0691, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

89 / 0100

Fodder-plant seed
Member States which have notified implementing measures : all
Italy — 90 / 0682, no measures notified, referral in 1992 —

Case C-361 / 92 ( withdrawn in 1993 )
Portugal — 90 / 0907, no measures notified, reasoned opinion

in 1991 — terminated in 1992

88 / 0661
Pigs for breeding
Member States which have notified implementing measures :
B, DK, D, EL, E, F, I, L, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : P. )
Belgium — 91 / 02 72, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Ireland — 91 / 0385, no measures notified, referral in 1992

— Case C-384 / 92

Netherlands — 91 / 0463, no measures notified, referral in 1992

— Case C-303 / 92

United — 91 / 0540, no measures notified, reasoned
Kingdom opinion in 1992 — terminated in 1992

,, 89 / 0104
Kingdom opinion in 1992 — terminated in 1992 Trade marks

Member States which have notified implementing measures :

88 / 0663 DK, EL, E, F, I.

Tax exemptions for small consignments ( Member States which were sent an Art . 169 letter in 1993 for
Member States which have notified implementing measures : all failure to notify measures : B, D, IRL, L, NL, P, UK .)

88 / 0663

88 / 0665 89 / 0105
Attestations and certificates Prices of medicinal products
Member States which have notified implementing measures : all Member States which have notified implementing measures : all

88 / 0667
89 / 0106
Cosmetics
Member States which have notified implementing measures : all Member
Belgium — 90 / 0458, no measures notified, Art . 169 letter DK E

in 1990 — terminated in 1992

Netherlands — 90 / 0771, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

89 / 0002

Cereal seed
Member States which have notified implementing measures : all
Belgium — 91 / 0144, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Italy — 91 / 0092, no measures notified, reasoned opinion in

1991 — terminated in 1992

89 / 0014

Vegetable seed
Member States which have notified implementing measures : all
Italy — 90 / 0686, no measures notified, referral in 1992 —

Case C-361 / 92 ( withdrawn in 1993 )
Portugal — 91 / 0515, no measures notified, reasoned opinion

in 1991 — terminated in 1992

in 1992

Germany — 92 / 0102, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0280, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0147, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
France — 92 / 0198, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0327, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0377, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0517, no measures notified, Art . 169 letter

in 1992

89 / 0107
Foodstuffs for human consumption — additives
Member States which have notified implementing measures : all
Germany — 91 / 0182, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Ireland — 91 / 0110, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Italy — 91 / 0090, no measures notified, reasoned
opinion in 1991 ( to be terminated in 1993 )
Luxembourg — 91 / 0155, reasoned opinion in 1991 terminated

in 1992

Netherlands — 91 / 0129, no measures notified, reasoned
opinion in 1991 — terminated in 1992
United Kingdom — 91 opinion / 0067 in, 1991 no — measures terminated notified in 1992, reasoned

Construction products
Member States which have notified implementing measures :
DK, E, F, IRL, L, NL, UK .
Belgium — 92 / 0026, no measures notified, Art . 169 letter

89 / 0048

Mutual recognition of diplomas
Member States which have notified implementing
DK, D, E, F, IRL, I, L, P, UK .

Belgium — 91 / 0653, no measures notified,
opinion in 1992
Greece — 91 / 0668, no measures notified,
opinion in 1992
Spain — 91 / 0660, no measures notified, Art .

in 1991 — terminated in 1992

Italy — 91 / 0677, no measures notified, Art .

in 1991 — terminated in 1992

measures :

reasoned

reasoned

169 letter

169 letter

30 . 8 . 93 Official Journal of the European Communities No C 233 / 177

89 / 0108 89 / 0178
Quick-frozen foodstuffs Labelling
Member States which have notified implementing measures : all Member
Germany — 91 / 0181, no measures notified, reasoned opinion DK, D,

in 1991 — terminated in 1992

France — 91 / 0050, no measures notified, reasoned opinion
in 1991 — terminated in 1992

Ireland — 91 / 0109, no measures notified, reasoned opinion
in 1991 — terminated in 1992

Italy — 91 / 0089, no measures notified, reasoned opinion

in 1991 — terminated in 1992

Portugal — 91 / 0022, no measures notified, Art . 169 letter in

1991 — terminated in 1992

89 / 0109

Foodstuffs for human consumption — materials intended to
come into contact
Member States which have notified implementing measures : all
Belgium — 91 / 0141, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Germany — 91 / 0180, no measures notified, Art . 169 letter in

1991 — terminated in 1992

France — 91 / 0051, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Ireland — 91 / 0108, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Italy — 91 / 0088, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Labelling of dangerous preparations
Member States which have notified implementing measures :
DK, D, EL, F, IRL, I, NL, P.

Belgium — 91 / 0263, no measures notified, reasoned
opinion in 1992
Spain — 91 / 0309, no measures notified, reasoned
opinion in 1992
Ireland — 91 / 0380, no measures notified, reasoned
opinion in 1992 ( to be terminated in 1993 )
Italy — 91 / 0401, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Luxembourg — 91 / 0428, no measures notified, reasoned
opinion in 1992
Netherlands — 91 / 0453, Art . 169 letter in 1992 terminated in

1992

Portugal — 91 / 0567, reasoned opinion in 1992 —
terminated in 1992

United — 91 / 0534, reasoned opinion in 1992
Kingdom

89 / 0186

Pesticide residues in fruit and vegetables
Member States which have notified implementing measures : all

89 / 0194

Tax-free allowances for travellers

Member States which have notified implementing measures : all

89 / 0219
VAT — final import of goods
89 / 0117 Member States which have notified implementing measures : all

Publication of accounting documents of credit institutions
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, I, NL, L, P, UK .
Belgium — 92 / 0027, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Denmark — 92 / 0076, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Greece — 92 / 0279, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0285, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0378, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Netherlands — 92 / 0443, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

United — 92 / 0527, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

89 / 0173

Characteristics of tractors
Member States which have notified implementing measures : all

89 / 0174

Cosmetics
Member States which have notified implementing measures : all
Belgium — 90 / 0459, no measures notified, Art . 169 letter in

1990 — terminated in 1992

Portugal — 90 / 0917, no measures notified, reasoned opinion

in 1992 — terminated in 1992

89 / 0220
Taxes and excise duty — combined nomenclature
Member States which have notified implementing measures : all

89 / 0227

Health problems — meat products — non-member countries
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, L, NL, P, UK .
Belgium — 90 / 0447, no measures notified, reasoned
opinion in 1991
Greece — 90 / 0618, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Spain — 90 / 0544, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Ireland — 90 / 0653, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Italy — 90 / 0687, no measures notified, referral in 1992

Case C-363 / 92

Luxembourg — 90 / 0726, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Netherlands — 1 90 / 0758, no measures notified, reasoned
opinion in 1991 — terminated in 1992

89 / 0235

Sound level of motorcycles
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, I, L, NL, P, UK .
Greece — 90 / 0311, no measures notified, reasoned opinion in

1992

No C 233 / 178 Official Journal of the European Communities 30 . 8 . 93

89 / 0240 89 / 0321

Self-propelled industrial trucks Health problems — import of meat
Member States which have notified implementing measures : all Member States which have notified implementing measures - B
Germany — 89 / 0345, no measures notified, reasoned DK, D, E, F, GR, IRL, L, NL, P, UK .
opinion in 1990 — terminated in 1992 Italy — 90 / 0218, no measures notified, judgment 8.7.1992 —

Self-propelled industrial trucks
Member States which have notified implementing measures : all
Germany — 89 / 0345, no measures notified, reasoned
opinion in 1990 — terminated in 1992
Netherlands — 89 / 0599, no measures notified, referral in 1991

Case C-270 / 91

— withdrawn in 1992 — Case C-203 / 91

Portugal — 90 / 0863, no measures notified, reasoned
opinion in 1991 — terminated in 1992

89 / 0277

Lamps for motor vehicles
Member States which have notified implementing measures : all

89 / 0278
Lighting on motor vehicles
Member States which have notified implementing measures : all

89 / 0336

Electromagnetic compatibility
Member States which have notified implementing measures DK, D, F, I, P, UK .
Belgium — 92 / 0652, no measures notified, Art . 169 letter in

1992

Greece — 92 / 0742, no measures notified, Art . 169 letter in

1992

Spain — 92 / 0743, no measures notified, Art . 169 letter in

1992

Ireland — 92 / 0793, no measures notified, Art . 169 letter in

1992

Italy — 92 / 0817, no measures notified, Art . 169 letter in

1992 ( terminated in 1993 )
Luxembourg — 92 / 0847, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0875, no measures notified, Art . 169 letter

in 1992

United — 92 / 0917, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

89 / 0338

89 / 0284

Fertilizers

Member States which have

Greece — 90 / 0610,

notified implementing measures : all

no measures notified, reasoned
1991 — terminated in 1992

no measures notified, reasoned
1991 — terminated in 1992

no measures notified, reasoned
1991 — terminated in 1992

no measures notified, reasoned
1991 — terminated in 1992

Spain

Italy

Luxembourg

opinion in

— 90 / 0518,

opinion in

— 90 / 0672,

opinion in

— 90 / 0717,

opinion in

89 / 0297 Weights and dimensions of motor vehicles

Lateral protection of motor vehicles Member States which have notified implementing measures : all
Member States which have notified implementing measures : all

89 / 0298
Prospectuses for transferable securities on offer to the public
Member States which have notified implementing measures - B
DK, D, EL, F, IRL, I, L, NL, P, UK .
Spain — 92 / 0148, no measures notified, Art . 169 letter in

1992

France — 92 / 0199, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Ireland — 92 / 0286, no measures notified, Art . 169 letter in

1992 — terminated in 1992

89 / 0341

Proprietary medicinal products
Member States which have notified implementing measures : B,
DK, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 92 / 0028, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Germany — 92 / 0104, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0278, no measures notified, Art . 169 letter

in 1992 — terminated in 1992
Spain — 92 / 0149, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

89 / 0299 France — 92 / 0200, no measures notified, Art . 169 letter

Own funds of credit institutions
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, NL, P, UK .
Germany — 92 / 0103, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Greece — 91 / 0371, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Spain — 91 / 0328, no measures notified, reasoned
opinion in 1992 ( to be terminated in 1993 )
Italy — 91 / 0400, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0445, no measures notified, reasoned
opinion in 1992
United — 91 / 0550, no measures notified, Art . 169 letter
Kingdom in 1991 — terminated in 1992

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0379, no measures notified, Art . 169 letter

m 1992 ( to be terminated in 1993 )
Netherlands — 92 / 0435, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Kingdom United — 92 in 1992 / 0528 (, no to be measures terminated notified in 1993, Art ) . 169 letter

89 / 0342

Vaccines
DK Member, D, EL States, E, which F, IRL have, I, L notified, P, UK implementing . measures - ' B '
Belgium — 92 / 0029, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

30 . 8 . 93 Official Journal of the European Communities No C 233 / 179

Germany — 92 / 0277, no measures notified, Art. [169] [ letter]

in 1992 — terminated in 1992

Greece — 92 / 0105, no measures notified, Art.

in 1992 — terminated in 1992

France — 92 / 0201, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

Luxembourg — 92 / 0380, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

Netherlands — 92 / 0436, no measures notified, Art.

in 1992

169 letter

169 letter

169 letter

169 letter

Netherlands — 91 / 0464, no measures notified, referral in 1992

— Case C-303 / 92

Portugal — 91 / 0522, no measures notified, reasoned
opinion in 1991 — terminated in 1992
United — 91 / 0542, no measures notified, reasoned
Kingdom opinion in 1992 — terminated in 1992

89 / 0362

Hygiene in milk production holdings
Member States which have notified implementing measures : all
Spain — 90 / 0545, no measures notified, reasoned opinion in

1991 — terminated in 1992

Italy — 90 / 0688, no measures notified, reasoned opinion in

1991 — terminated in 1992

United — 92 / 0529, no measures notified, Art. 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

89 / 0343

Radiopharmaceuticals 89 / 0365
Member States which have notified implementing measures : B, Plant protection products containing certain active substances
DK, EL, F, I, IRL, L, P, UK . Member States which have notified implementing measures : all

89 / 0369

Incineration of municipal waste
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, L, NL, P, UK .

Belgium — 91 / 0277, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Greece — 91 / 0367, no measures notified, reasoned
opinion in 1992
Spain — 91 / 0322, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Ireland — 91 / 0391, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Italy — 91 / 0417, no measures notified, Art . 169 letter

in 1991

Luxembourg — 91 / 0440, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

United — 91 / 0546, no measures notified, reasoned
Kingdom opinion in 1992 — terminated in 1992

89 / 0370

Seal-pup skins
Member States which have notified implementing measures : all

89 / 0381

—
Belgium

Denmark —

—
Germany

Greece —

—
Spain

France —

Luxembourg —

Netherlands —

United —

Kingdom

92 / 0030, no measures notified, Art . 169 letter
in 1992 ( to be terminated in 1993 )
92 / 0077, no measures notified, Art . 169 letter
in 1992 — terminated in 1992

92 / 0106, no measures notified, Art . 169 letter
in 1992

92 / 0276, no measures notified, Art . 169 letter
in 1992 — terminated in 1992

92 / 0150, no measures notified, Art . 169 letter
in 1992

92 / 0202, no measures notified, Art . 169 letter
in 1992 ( to be terminated in 1993 )

92 / 0381, no measures notified, Art . 169 letter
in 1992 ( to be terminated in 1993 )
92 / 0437 no measures notified, Art . 169 letter
in 1992

92 / 0530, no measures notified, Art . 169 letter
in 1992 ( to be terminated in 1993 )

89 / 0344

Cocoa and chocolate

Member States which have notified implementing measures : all

89 / 0360
Health problems — trade in animals — brucellosis
Member States which have notified implementing measures : B,
DK, D, E, F, GR, IRL, L, NL, P, UK .
Italy — 90 / 0219, no measures notified, judgment 8.7.1992 —

Case C-270 / 91

89 / 0361

Sheep and goats for breeding
Member States which have notified implementing measures : B,
DK, D, EL, E, F, I, L, P, UK .

Belgium — 91 / 0273, no measures notified, reasoned
opinion in 1991 ( to be terminated in 1993 )
Ireland — 91 / 0386, no measures notified, referral in 1992

— Case C-384 / 92

Luxembourg — 91 / 0437, no measures notified, reasoned
opinion in 1991 — terminated in 1992

United

Kingdom

Medicinal products derived from human blood
Member States which have notified implementing
DK, EL, IRL, I, P, UK .

measures :

Belgium — 92 / 0031, no measures notified,

in 1992

Germany — 92 / 0107, no measures notified,

in 1992

Greece — 90 / 0274, no measures notified,

in 1992 — terminated in 1992

Spain — 92 / 0151, no measures notified,

in 1992

France — 92 / 0203, no measures notified,

in 1992

Luxembourg — 92 / 0382, no measures notified,

in 1992 — terminated in 1993

Netherlands — 92 / 0438, no measures notified,

in 1992

— 92 / 0531, no measures notified,

in 1992 — terminated in 1993

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

No C 233 / 180 Official Journal of the European Communities 30 . 8 . 93

89 / 0384
Health problems — trade in milk
Member States which have notified implementing measures : all
Spain — 91 / 0011, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Italy — 91 / 0087, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 91 / 0165, no measures notified, reasoned
opinion in 1991 — terminated in 1992

Spain — 91 / 0329, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Ireland — 91 / 0396, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 91 / 0423, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0449, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Netherlands — 91 / 0485, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Portugal — 91 / 0528, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Portugal — 92 / 0943, no measures notified, Art . 169 letter

89 / 0391 in 1991 — terminated in 1992
Health and safety of workers Portugal — 92 / 0943, no measures notified, Art . 169 letter
Member States which have notified implementing measures : B, in 1992 — terminated in 1992
DK, F, IRL, P, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : D, EL, E, I, L, NL .)
89 / 0396

Foodstuffs — identification of lot

89 / 0392 Member States which have notified implementing measures : all

Germany — 90 / 0425, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

89 / 0392

Machinery
Member States which have notified implementing measures : B,
DK, E, F, IRL, L, UK .
Belgium — 92 / 0032, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Denmark — 92 / 0078, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0108, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0275, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0152, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0287, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0328, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0439, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0516, no measures notified, Art . 169 letter

in 1992

United — 92 / 0532, no measures notified, Art . 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

89 / 0394

Fruit juices
Member States which have notified implementing measures : all
Spain — 90 / 0496, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Ireland — 90 / 0641, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Netherlands — 90 / 0743, no measures notified, reasoned
opinion in 1992 — terminated in 1992

89 / 0395

Foodstuffs — labelling
Member States which have notified implementing measures : B,
DK, EL, E, F, IRL, I, L, NL, P, UK .
Germany — 91 / 0259, no measures notified, Art . 169 letter

in 1991

Germany — 92 / 0691, no measures notified, Art . 169 letter

in 1992

Greece — 91 / 0376, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

in 1990 — terminated in 1992

Spain — 90 / 0497, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Ireland — 90 / 0642, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Italy — 90 / 0675, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Netherlands — 90 / 0744, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Portugal — 90 / 0807, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

89 / 0397

Foodstuffs — official control
Member States which have notified implementing measures : B,
DK, D, EL, F, IRL, I, L, NL, UK .
Greece — 90 / 0601, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Spain — 90 / 0498, no measures notified, reasoned
opinion in 1992
Ireland — 90 / 0643, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Italy — 90 / 0676, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Luxembourg — 90 / 0708, no measures notified, Art . 169 letter

in 1990 — terminated in 1992

Netherlands — 90 / 0745, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Portugal — 90 / 0808, no measures notified, reasoned
opinion in 1992

89 / 0398

Foodstuffs for particular nutritional uses
Member States which have notified implementing measures : B,
DK, EL, E, F, IRL, I, L, NL, P, UK .

Germany — 90 / 0427, no measures notified, reasoned opinion

in 1992

Spain — 90 / 0500, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Ireland — 90 / 0644, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Italy — 90 / 0677, no measures notified, reasoned opinion

in 1992 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 181

89 / 0424

Seed
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, NL, P, UK .
Italy — 91 / 0086, no measures notified, reasoned
opinion in 1991 ( to be terminated in 1993 )
Italy — 92 in 1992 / 0329 (, no to be measures terminated notified ' in 1993, Art ) . 169 letter

Luxembourg — 91 / 0163, no measures notified, referral in

1992 — Case C-325 / 92

Luxembourg — 92 / 0383, no measures notified, Art . 169 letter

in 1992
Portugal — 91 / 0516, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Portugal — 92 / 0515, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

89 / 0427
Sulphur dioxide
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, L, NL, P, UK .
Greece — 91 / 0669, no measures notified, Art . 169 letter

in 1991

Spain — 91 / 0661, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Ireland — 91 / 0671, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Italy — 91 / 0678, no measures notified, Art . 169 letter

in 1991

Luxembourg — 91 / 0685, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

89 / 0429
Incineration of municipal waste
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, L, NL, P, UK .
Belgium — 91 / 0278, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Greece — 91 / 0368, no measures notified, Art . 169 letter

in 1991

Spain — 91 / 0323, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Italy — 91 / 0418, no measures notified, Art . 169 letter

in 1991

Luxembourg — 91 / 0441, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

United — 91 / 0547, no measures notified, reasoned
Kingdom opinion in 1992 — terminated in 1992

Luxembourg — 92 / 0384, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0513, no measures notified, Art . 169 letter

in 1992

United — 92 / 0533, no measures notified, Art . 169 letter
Kingdom in 1992

89 / 0438
Admission to the occupation of road haulage operator

Member States which have notified implementing measures : all

89 / 0439

Organisms harmful to plants
Member States which have notified implementing measures : all

89 / 0440

Public works contracts
Member States which have notified implementing measures : B,
DK, D, F, IRL, I, L, NL, UK .
Germany — 91 / 0774, not properly applied, reasoned
opinion in 1992
Germany — 92 / 2004, not properly implemented, reasoned

opinion in 1992
Greece — 92 / 0602, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0589, no measures notified, Art . 169 letter

in 1992

Italy — 91 / 0085, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 91 / 0316, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Italy — 91 / 0712, not properly applied, reasoned
opinion in 1991 — terminated in 1992
Italy — 91 / 0725, not properly applied, reasoned
opinion in 1992
Italy — 91 / 0822, not properly applied, reasoned
opinion in 1992 — terminated in 1992
Italy — 91 / 4611, not properly applied, reasoned
opinion in 1992

Luxembourg — 91 / 0153, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Netherlands — 91 / 0126, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Portugal — 92 / 0915, no measures notified, Art . 169 letter

in 1992

89 / 0451
89 / 0437 Labelling of paints

Health problems — eggs Member States which have notified implementing measures : all

Health problems — eggs
Member States which have notified implementing measures :
DK, EL, E, F, IRL, NL .
Belgium — [92] [/] [0033] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992

Denmark — 92 / 0079, no measures notified, Art.

in 1992 — terminated in 1992

169 letter

Germany — [92] [/] [0109] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992

Spain — [92] [/] [0153] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992 ( to be terminated in 1993 )
France — 92 / 0204, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

169 letter

89 / 0458

Emissions from motor vehicles
Member States which have notified implementing measures : all

89 / 0459
Tyres of motor vehicles
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, L, NL, UK .
Greece — 92 / 0273, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Portugal — 92 / 0514, no measures notified, Art . 169 letter in

1992

Italy — [92] [/] [0330] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992

No C 233 / 182 Official Journal of the European Communities 30 . 8 . 93

89 / 0461 89 / 0552
Weights and dimensions of motor vehicles Television
Member States which have notified implementing measures : B, Member
DK, D, EL, E, F, IRL, L, NL, P, UK . D, EL,
Italy — 91 / 0416, no measures notified, Art . 169 letter Denmark

in 1991

Luxembourg — 91 / 0439, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Television without frontiers
Member States which have notified implementing measures : B,
D, EL, F, IRL, I, L, NL, P, UK .
Denmark — 92 / 2160, no measures notified, Art . 169 letter in

1992

Greece — 92 / 2158, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Spain — 92 / 2157, no measures notified, Art . 169 letter in

1992
89 / 0463

Interregional airline services
89 / 0556
Member States which have notified implementing measures : all

89 / 0465

VAT — 18th Directive
Member States which have notified implementing measures : all
Belgium — 92 / 0034, no measures notified, Art . 169 letter in

1992 — terminated in 1992

89 / 0491

Sound level of motor vehicles
Member States which have notified implementing measures : all
Greece — 90 / 0606, no measures notified, Art . 169 letter in

1992 — terminated in 1992

89 / 0514

Noise emissions from hydraulic excavators
Member States which have notified implementing measures : all

89 / 0516

Lamps for motor vehicles
Member States which have notified implementing measures : all

89 / 0517

Headlamps for motor vehicles
Member States which have notified implementing measures : all

89 / 0518
Fog lamps for motor vehicles
Member States which have notified implementing measures : all

89 / 0519

Fertilizers — sampling
Member States which have notified implementing measures : all
Greece — 91 / 0040, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 91 / 0158, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

United — 91 / 0063, no measures notified, reasoned
Kingdom opinion in 1991 — terminated in 1992

89 / 0520

Products used in feedingstuffs
Member States which have notified implementing measures : all

89 / 0530

Fertilizers — trace elements
Member States which have notified implementing measures : B,
D, DK, EL, E, F, IRL, L, NL, P, UK .
Italy — 91 / 0676, no measures notified, reasoned opinion in

1992

Nurses
Member States which have notified implementing measures : B,
DK, D, EL, F, IRL, L, NL, P.
Spain — 92 / 0155, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0288, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0332, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0441, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

United — 92 / 0534, no measures notified, Art . 169 letter
Kingdom in 1992

Embryos of bovine animals
Member States which have notified implementing measures : B,
DK, D, EL, E, F, L, NL, P, UK .
Belgium — 91 / 0276, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Spain — 91 / 0320, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Ireland — 91 / 0387, no measures notified, reasoned
opinion in 1992
Italy — 91 / 0412, no measures notified, reasoned
opinion in 1991
Portugal — 91 / 0523, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Luxembourg — 91 / 0438, no measures notified, reasoned
opinion in 1991 — terminated in 1992

89 / 0592

Insider dealing
Member States which have notified implementing measures : B,
DK, EL, E, F, IRL, I, L, NL, P.

Germany — 92 / 0692, no measures notified, Art . 169 letter

in 1992

United — 92 / 0918, no measures notified, Art . 169 letter
Kingdom in 1992

89 / 0594

Veterinary surgeons and midwives
Member States which have notified implementing measures :
DK, D, EL, F, IRL, L, NL, UK .

Belgium — 92 / 0035,

in 1992

Spain — 92 / 0154,

in 1992

Italy — 92 / 0331,

in 1992

Netherlands — 92 / 0440,

in 1992           

Portugal — 92 / 0512,

in 1992

89 / 0595

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified,
- terminated in 1992

Art. 169 letter

no measures notified, Art. 169 letter

30 . 8 . 93 Official Journal of the European Communities No C 233 / 183

89 / 0604 Ireland — 91 / 0104, no measures notified, reasoned

Tax exemptions on permanent imports of personal property opinion in 1992 ( to be terminated in 1993 )
Member States which have notified implementing measures : B, Italy — 91 / 0082, no measures notified, Art . 169 letter

Tax exemptions on permanent imports of personal property
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, L, NL, P, UK .
Belgium — 91 / 0140, no measures notified, Art . 169 letter in

1991 — terminated in 1992
j ta ly — 91 / 0083, no measures notified, reasoned opinion in

in 1991

Luxembourg — 91 / 0168, no measures notified, Art . 169 letter

in 1991

1991

89 / 0646

89 / 0608 Second banking Directive

Mutual assistance — veterinary and zootechnical legislation Member States which have notified implementing measures :
Member States which have notified implementing measures : B, DK, D, EL, F, IRL, I, NL, P, UK
DK, D, EL, E, F, IRL, P, UK .
Spain — 92 / 0156, no measures notified, Art . 169 letter

89 / 0608

in 1992 ( to be terminated in 1993 )
Italy — 92 / 0333, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0386, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0442, no measures notified, Art . 169 letter

in 1992
Portugal — 92 / 0511, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

89 / 0617

Units of measurement
Member States which have notified implementing measures : B,
DK, D, F, IRL, I, L, NL, UK .
Greece — 92 / 0272, no measures notified, Art . 169 letter in

1992
Spain — 92 / 0157, no measures notified, Art . 169 letter in

1992

Ireland — 92 / 0289, no measures notified, Art . 169 letter in

1992 — terminated in 1992
Portugal — 92 / 0510, no measures notified, Art . 169 letter in

1992

United — 92 / 0535, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

89 / 0647

Solvency ratio for credit institutions
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, NL, P, UK .
Germany — 92 / 0110, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Greece — 91 / 0372, no measures notified, Art . 169 letter

in 1991 — terminated in 1992
Spain — 91 / 0326, no measures notified, reasoned
opinion in 1992 ( to be terminated in 1993 )
I ta ly — 91 / 0421, no measures notified, Art . 169 letter

in 1991 — terminated in 1992
Luxembourg — 91 / 0444, no measures notified, reasoned
opinion in 1992

89 / 0654

Health and safety at the workplace
Member States which have notified implementing measures :
DK, F, IRL, UK ;
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, E, I, L, NL, P. ) ( derogation :
EL .)

89 / 0655
89 / 0618 Health and safety — work equipment

Health protection — radiological emergency Member States which have notified implementing measures :
Member DK, D, EL States, E, which F, IRL have, L, UK notified . implementing measures : B, DK ( Member, IRL States, UK . which were sent an Art . 169 letter in 1993 for
Denmark — 92 / 0080, no measures notified, Art . 169 letter failure to notify measures : B, D, E, F, L, NL, P. )

in 1992 — terminated in 1992

Italy — 92 / 0334, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0443, no measures notified, Art . 169 letter

in 1992
Portugal — 92 / 0509, no measures notified, Art . 169 letter

in 1992

89 / 0622

89 / 0656
Personal protective equipment
Member States which have notified implementing measures :
DK ( Member, IRL States, UK . which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, E, F, I, L, NL, P. )

Labelling of tobacco products
Member States which have notified implementing measures : all 89 / 0662
Spain — 91 / 0009, no measures notified, reasoned opinion in

Veterinary checks in intra — Community trade

1992 — terminated in 1992

Ireland — 91 / 0105, no measures notified, Art . 169 letter in

1991 — terminated in 1992

89 / 0629

Noise emissions from aeroplanes
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, NL, P, UK .
Belgium — 91 / 0138, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Member States which have notified implementing measures : B,
DK, D, L, UK .
Belgium — 92 / 0653, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Germany — 92 / 0693, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Greece — 92 / 0741, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0744, no measures notified, Art . 169 letter

in 1992

No C 233 / 184 Official Journal of the European Communities 30 . 8 . 93

France — 92 / 0770, no measures notified,

in 1992

Ireland — 92 / 0794, no measures notified,

in 1992

Italy — 92 / 0818, no measures notified,

in 1992

Art. 169 letter Greece — 92 / 0269, no measures notified, Art.

in 1992

Art. 169 letter Spain — 92 / 0158, no measures notified, Art.

in 1992

Art. 169 letter Ireland — 92 / 0291, no measures notified, Art.

in 1992

169 letter

169 letter

169 letter

Luxembourg — 92 / 0848, no measures notified, [Art.] [ 169] [ letter] Italy — 92 / 0336, no measures notified, Art. 169 letter
in 1992 ( terminated in 1993 ) in 1992
Netherlands — 92 / 0876, no measures notified, Art. 169 letter Luxembourg — 92 / 0390 no measures notified Art. 169 letter

169 letter

in 1992

Portugal — 92 / 0914, no measures notified,

in 1992

Art. 169 letter Luxembourg — 92 / 0390, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

Art. 169 letter Portugal — 92 / 0506, no measures notified, Art.

in 1992 — terminated in 1992

169 letter

United — 92 / 0919, no measures notified, Art. 169 letter United — 92 / 0537, no measures notified, Art. 169 letter
Kingdom in 1992 ( to be terminated in 1993 ) Kingdom in 1992 ( to be terminated in 1993 )

89 / 0676

89 / 0665
Public contracts — review procedures Member
Member States which have notified implementing measures : B, Spain
DK, E, F, IRL, I, NL, P, UK .

Germany — 91 / 0111, no measures notified, Art . 169 letter

Prepackaged liquids
Member States which have

notified implementing measures : all
no measures notified, reasoned
1992 — terminated in 1992

no measures notified, reasoned
1992 — terminated in 1992

no measures notified, reasoned
1992 — terminated in 1992

Spain — 91 / 0008,

in 1992

Greece — 92 / 0271, no measures notified, Art . 169 letter

in 1992

opinion in
Italy — 91 / 0081,

opinion in
Luxembourg — 91 / 0159,

opinion in
Portugal — 91 / 0025,

Luxembourg — 92 / 0388, no measures notified, Art . 169 letter Portugal — 91 / 0025, no measures notified, reasoned

in 1992 in 1992 — terminated in 1992

in 1992

Portugal — 92 / 0508, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

89 / 0666

Disclosure requirements for company branches
Member States which have notified implementing measures :
DK, E, F, I, L, NL, P, UK .
Belgium — 92 / 0036, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0112, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0270, no measures notified, Art . 169 letter

in 1992

France — 92 / 0205, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Ireland — 92 / 0290, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0335, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0389, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Netherlands — 92 / 0444, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Portugal — 92 / 0507, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
United — 92 / 0536, no measures notified, Art . 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

89 / 0680

Protection structures — tractors
Member States which have notified implementing measures : all
Belgium — 91 / 0649, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Germany — 91 / 0646, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0680, no measures notified, Art . 169 letter

opinion in

89 / 0677

Dangerous preparations and substances
Member States which have notified implementing
DK, D, E, F, NL .
Belgium — 92 / 0038, no measures notified, Art .

in 1992

Greece — 92 / 0268, no measures notified, Art .

in 1992

France — 92 / 0206, no measures notified, Art .

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0292, no measures notified, Art .

in 1992

Italy — 92 / 0337, no measures notified, Art .

in 1992

Luxembourg — 92 / 0391, no measures notified, Art .

in 1992

Portugal — 92 / 0505, no measures notified, Art .

in 1992

United — 92 / 0538, no measures notified, Art .
Kingdom in 1992

measures :

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

89 / 0667 in 1991 — terminated in 1992
Single-member private limited companies
Member States which have notified implementing measures :
DK, D, F, L, NL, P, UK . 89 / 0681
Belgium — 92 / 0037, no measures notified, Art . 169 letter Protection structures — tractors

in 1992

89 / 0681

Protection structures — tractors
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 185

Belgium — 91 / 0650, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Germany — 91 / 0647, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0681, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

89 / 0682

Protection structures — tractors
Member States which have notified implementing measures : all
Belgium — 91 / 0651, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Germany — 91 / 0648, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0682, no measures notified, Art . 169 letter

Spain — 91 / 0310, no measures notified, reasoned
opinion in 1992
Ireland — 91 / 0381, no measures notified, reasoned
opinion in 1992 ( to be terminated in 1993 )
Italy — 91 / 0402, no measures notified, reasoned
opinion 1992 — terminated in 1992
Luxembourg — 91 / 0429, no measures notified, reasoned
opinion in 1992
Netherlands — 91 / 0454, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Portugal — 91 / 0486, no measures notified, reasoned
opinion in 1992 — terminated in 1992
United — 91 / 0535, no measures notified, reasoned
Kingdom opinion in 1992

in 1991 — terminated in 1992 90 / 0044

Compound feedingstuffs

89 / 0684 Member States which have notified implementing measures : B,

Training for drivers of vehicles carrying dangerous goods DK, D, E, F, IRL, I, NL, P, UK .
Member States which have notified implementing measures : all — 92 / 0114 no measures notified, Art. 169 letter

89 / 0684

no measures notified,
- terminated in 1992

Germany — 92 / 0114,

Art. 169 letter

in 1992 

89 / 0686

Personal protective equipment
Member States which have notified implementing measures : D,
F, I, L, NL .

Greece — 92 / 0267,

in 1992

Spain — 92 / 0160,

no measures notified, [Art.] [ 169] [ letter]

in 1992 

no measures notified, Art. [169] [letter]

no measures notified, Art. [169] [letter]

no measures notified,
- terminated in 1992

no measures notified,
- terminated in 1992

no measures notified,
- terminated in 1992

Belgium — 92 / 0039,

in 1992

Denmark — 92 / 0081,

in 1992

Germany — 92 / 0113,

France — 92 / 0207,

in 1992 

Art. 169 letter

Art. 169 letter

Art. 169 letter

no measures notified, Art.
- terminated in 1992

169 letter

Ireland — 92 / 0294,

in 1992           

Luxembourg — 92 / 0393,

in 1992

90 / 0088

no measures notified, [Art.] [ 169] [ letter]

in 1992 

Greece — 92 / 0266, no measures notified, Art. [169] [letter]

in 1992

Spain — 92 / 0159, no measures notified, Art. [169] [letter]

in 1992

Ireland — 92 / 0293, no measures notified, Art. [169] [letter]

in 1992

Italy — [92] / 0338 [,] no measures notified [,] Art.

in 1992 ( to be terminated in 1993 )

Consumer credit
Member States which have notified implementing measures : B,
DK, D, EL, I, NL, P.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : E, F, IRL, L, UK .)

90 / 0110
Feedingstuffs — additives
Member States which have notified implementing measures : all
Belgium — 91 / 0152, no measures notified, reasoned opinion in

1991 — terminated in 1992

90 / 0118

Pigs for breeding

Member States which have notified implementing measures : B,
DK, D, EL, E, F, I, L, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : P. )
Belgium — 91 / 0274, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Ireland — 91 / 0388, no measures notified, referral in 1992

— Case C-384 / 92

Netherlands — 91 / 0466, no measures notified, referral in 1992

— Case C-303 / 92

United — 91 / 0544, no measures notified, reasoned
Kingdom opinion in 1991 — terminated in 1992

no measures notified, Art.
- terminated in 1992

no measures notified, Art.
- terminated in 1992

169 letter

169 letter

169 letter

Luxembourg — 92 / 0392,

in 1992           

Netherlands — 92 / 0434,

in 1992           

Portugal — 92 / 0504,

in 1992

no measures notified, Art. [169] [letter]

United — 92 / 0539, no measures notified, Art. 169 letter

Kingdom in 1992

90 / 0018

Good laboratory practice
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, L, NL, P, UK .

Greece — 91 / 0036, no measures notified, Art . 169 letter in

1991

Italy — 91 / 0080, no measures notified, Art . 169 letter in

1992

90 / 0035

Packaging — child — safety
Member States which have notified implementing measures : 90 / 0119
DK, EL, F, IRL, I, NL, P. Pigs for
Belgium — 91 / 0264, no measures notified, reasoned Member
opinion in 1992 DK, D,
Germany — 91 / 0244, no measures notified, reasoned ( Member
opinion in 1992 failure

Pigs for breeding
Member States which have notified implementing measures : B,
DK, D, EL, F, I, L, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : E, P. )

No C 233 / 186 Official Journal of the European Communities 30 . 8 . 93

Belgium — 91 / 0275, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Ireland — 91 / 0389, no measures notified, referral in 1992

— Case C-384 / 92

Netherlands — 91 / 0467, no measures notified, referral in 1992

— Case C-303 / 92

United — 91 / 0545, no measures notified, reasoned
Kingdom opinion in 1992 — terminated in 1992

90 / 0120

Bovine semen

Member States

DK, D, EL, E,

—
Belgium

Ireland —

—
Italy

which have notified implementing measures : B,

F, I, L, NL, P, UK .

90 / 0448, no measures notified, reasoned
opinion in 1991 ( to be terminated in 1993 )
91 / 0101, no measures notified, referral in 1992

— Case C-381 / 92

90 / 0689, no measures notified, Art . 169 letter
in 1990 — terminated in 1992

Denmark — 92 / 0082, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

Germany — 92 / 0115, no measures notified, Art.

in 1992

Greece — 92 / 0265, no measures notified, Art.

in 1992 — terminated in 1992

Spain — 92 / 0161, no measures notified, Art.

in 1992

France — 92 / 0208, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

Ireland — 92 / 0295, no measures notified, Art.

in 1992

Italy — 92 / 0339, no measures notified, Art.

in 1992

Luxembourg — 92 / 0394, no measures notified, Art.

in 1992

Netherlands — 92 / 0446, no measures notified, Art.

in 1992

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

Luxembourg — 90 / 0727, no measures notified, reasoned 90 / 0168

opinion in 1991 — terminated in 1992 Organisms harmful to plants

Member States which have notified implementing measures : all
Greece — 91 / 0355, no measures notified, Art . 169 letter

90 / 0121

Cosmetics

Member States which have notified implementing measures : all
Belgium — 91 / 0283, no measures notified, reasoned opinion

in 1992 — terminated in 1992

Portugal — 91 / 0529, no measures notified, reasoned opinion

in 1992 — terminated in 1992

90 / 0128

Foodstuffs — materials intended to come into contact
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, L, NL, P, UK .

Belgium — 91 / 0262, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Denmark — 91 / 0287, no measures notified, Art . 169 letter

in 1991 —           - terminated in 1992

Germany — 91 / 0243, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Greece — 91 / 0350, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Spain — 91 / 0308, no measures notified, reasoned
opinion in 1992 — terminated in 1992
France — 91 / 0331, no measures notified, reasoned
opinion in 1992 — terminated in 1992
Ireland — 91 / 0379, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 91 / 0399, no measures notified, reasoned
opinion in 1992

in 1991 — terminated in 1992

Luxembourg — 91 / 0432, no measures notified, referral in
1992 — Case C-324 / 92 — withdrawn in 1992

90 / 0207

Cosmetics

Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, L, NL, UK .
Belgium — 91 / 0284, no measures notified, Art . 169 letter in

1991 — terminated in 1992

Portugal — 91 / 0530, no measures notified, reasoned opinion

in 1992

90 / 0211

Admission of securities to stock — exchange listing — particulars
to be published
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, I, L, NL, P, UK .

Greece — 92 / 0262, no measures notified, Art . 169 letter in

1992

Spain — 92 / 0162, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Ireland — 92 / 0296, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Portugal — 92 / 0501, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Portugal — 91 / 0566, no measures notified, Art . 169 letter 90 / 0219
in 1991 — terminated in 1992 Gentically modified organisms
United — 91 / 0533, no measures notified, reasoned Member States which have notified implementing measures : B,
Kingdom opinion in 1992 — terminated in 1992 DK, D, F, IRL, NL, UK .

Greece — 92 / 0264, no measures notified, Art . 169 letter

90 / 0167

Medicated feedingstuffs
Member States which have notified implementing measures :
DK, EL, F, P, UK .
Belgium — 92 / 0041, no measures notified, Art . 169 letter

in 1992

in 1992

Spain — 92 / 0163, no measures notified, Art . 169 letter

in 1992

France — 92 / 0209, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Ireland — 92 / 0297, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 187

Italy — 92 / 0340, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0395, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0503, no measures notified, Art . 169 letter

in 1992

90 / 0220

Genetically modified organisms
Member States which have notified implementing measures : B,
DK, D, F, IRL, NL, UK .
Greece — 92 / 0263, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0164, no measures notified, Art . 169 letter

in 1992

France — 92 / 0210, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Ireland — 92 / 0298, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0341, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0396, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0502, no measures notified, Art . 169 letter

in 1992

90 / 0232

Third Directive on insurance for motor vehicles

Member States which have notified implementing measures :
DK, F, IRL, I, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, EL, E, L, P. )

90 / 0237

VAT — temporary imports
Member States which have notified implementing measures : all

90 / 0239

Maximum tar yield of cigarettes
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, L, P, UK .
Greece — 92 / 0261, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Netherlands — 92 / 0447, no measures notified, Art . 169 letter

in 1992

United — 92 / 0540, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

90 / 0269
Health and safety of workers
Member States which have notified implementing measures :
DK ( Member, IRL States, F, UK which . were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, EL, E, I, L, NL, P. )

90 / 0270
Health and safety — display screen equipment
Member States which have notified implementing measures :
DK, F, IRL, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, EL, E, I, L, P. )

90 / 0313

Freedom of access to information on the environment
Member States which have notified implementing measures : B,
DK, F, L, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : D, EL, E, IRL, I, P. )

90 / 0314

Package tours
Member States which have notified implementing measures : F,

UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, E, IRL, I, L, NL, P. )

90 / 0335

Plant protection products
Member States which have notified implementing measures : all
Greece — 92 / 0379, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 91 / 0406, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Netherlands — 91 / 0458, no measures notified, reasoned
opinion in 1991 — terminated in 1992

90 / 0364

Right of residence
Member States which have notified implementing measures : B,
DK, EL, E, I, NL .
Belgium — 92 / 0654, no measures notified, Art . 169 letter

in 1992 ( terminated in 1993 )
Germany — 92 / 0694, no measures notified, Art . 169 letter

in 1992

France — 92 / 0771, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0795, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0819, no measures notified, Art . 169 letter

in 1992 ( terminated in 1993 )
Luxembourg — 92 / 0849, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0913, no measures notified, Art . 169 letter

in 1992

United — 92 / 0920, no measures notified, Art . 169 letter
Kingdom in 1992

90 / 0365

Right of residence for workers who have ceased their occupa ­
tional activity

Member States which have notified implementing measures : B,
DK, EL, E, I, NL .
Belgium — 92 / 0655, no measures notified, Art . 169 letter

in 1992 ( terminated in 1993 )
Germany — 92 / 0695, no measures notified, Art . 169 letter

in 1992

France — 92 / 0772, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0796, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0820, no measures notified, Art . 169 letter

in 1992 ( terminated in 1993 )
Luxembourg — 92 / 0850, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0912, no measures notified, Art . 169 letter

in 1992

United — 92 / 0921, no measures notified, Art . 169 letter
Kinedom in 1992

No C 233 / 188 Official Journal of the European Communities 30 . 8 . 93

90 / 0366 Italy — 92 / 0822, no measures notified, Art . 169 letter

Right of residence for students in 1992 ( terminated in 1993 )
DK Member, EL, States E, I, NL which . have notified implementing measures : Luxembourg — 92 / 0851, no measures notified, Art . 169 letter

in 1992

90 / 0377

Transparency of gas and electricity prices
Member States which have notified implementing measures : B,
DK, EL, IRL, I, L, NL, P, UK .
Denmark — 92 / 0083, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0116, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0165, no measures notified, Art . 169 letter

in 1992

France — 92 / 0211, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0448, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0500, no measures notified, Art . 169 letter

Netherlands — 92 / 0878, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0910, no measures notified, Art . 169 letter

in 1992

United — 92 / 0922, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1993

90 / 0387

Telecommunications — open network provision ( ONP )
Member States which have notified implementing measures : B,
DK, D, E, F, IRL, L, NL, P, UK .
Greece — 91 / 0369, no measures notified, Art . 169 letter in

1991

Italy — 91 / 0419, no measures notified, Art . 169 letter in

1991

Portugal — 92 / 0500, no measures notified, Art . 169 letter 90 / 0388

in 1992 — terminated in 1992 Competition in the markets for telecommunications services

Member States which have notified implementing measures : B,
DK, D, E, F, IRL, I, L, NL, P, UK .
90 / 0384 Greece — 91 / 0352, no measures notified, reasoned opinion in
1991
Weighing instruments
Member States which have notified implementing measures : B, Ireland — 91 1992 / 0382 — terminated, no measures in 1992 notified, reasoned opinion in
DK, D, E, F, IRL, I, L, NL, UK .

in 1992 — terminated in 1992

Belgium — 92 / 0656, no measures notified,

in 1992 — terminated in 1992

Germany — 92 / 0696, no measures notified,

in 1992 — terminated in 1992

Greece — 92 / 0738, no measures notified,

in 1992

Spain — 92 / 0745, no measures notified,

in 1992 ( terminated in 1993 )

Ireland — 92 / 0797, no measures notified,

in 1992 ( terminated in 1993 )

Italy — 92 / 0821, no measures notified,

in 1992 ( terminated in 1993 )

Netherlands — 92 / 0877, no measures notified,

in 1992 ( terminated in 1993 )

Portugal — 92 / 0911, no measures notified,

in 1992

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

1991 — terminated in 1992

90 / 0394

Protection of workers — carcinogens
Member States which have notified implementing measures :
UK .

( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, E, F, IRL, I, L, NL,
P -)

90 / 0396
Gas appliances
Member States which have notified implementing measures : B,
DK, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 92 / 0042, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Germany — 92 / 0117, no measures notified, Art . 169 letter in

1992

Spain — 92 / 0166, no measures notified, Art . 169 letter in

1992 ( to be terminated in 1993 )
Ireland — 92 / 0299, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Italy — 92 / 0342, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Portugal — 92 / 0499, no measures notified, Art . 169 letter in

1992 — terminated in 1992

90 / 0398

Vehicles hired without drivers
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, L, NL, UK .
Italy — 91 / 0415, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Netherlands — 91 / 0478, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Portugal — 91 / 0524, no measures notified, Art . 169 letter

in 1991

Ireland — 91 / 0382, no measures notified, reasoned opinion in

1992 — terminated in 1992

Italy — 90 / 0403, no measures notified, reasoned opinion in

90 / 0385

Active implantable medical devices
Member States which have notified implementing measures : E,
I, UK .

Belgium — 92 / 0657, no measures notified, Art. 169 letter

in 1992

Denmark — 92 / 0678, no measures notified, Art. 169 letter

in 1992

Germany — 92 / 0697, no measures notified, Art. 169 letter

in 1992

Greece — 92 / 0737, no measures notified, Art. 169 letter

in 1992

Spain — 92 / 0746, no measures notified, Art. 169 letter

in 1992 ( terminated in 1993 )
France — 92 / 0773, no measures notified, Art. 169 letter

in 1992

Ireland — 92 / 0798, no measures notified, Art. 169 letter

in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 189

90 / 0415 Greece
Dangerous substances in the sea
Member States which have notified implementing measures : Spain
B, DK, E, F, I, L, NL .
Belgium — 92 / 0043, no measures notified, Art . 169 letter France
in 1992 — terminated in 1992

Germany — 92 / 0118, no measures notified, Art . 169 letter Ireland
in 1992

Greece — 92 / 0260, no measures notified, Art . 169 letter Italy
in 1992

Ireland — 92 / 0300, no measures notified, Art . 169 letter Luxembourg
in 1992

Luxembourg — 92 / 0397, no measures notified, Art . 169 letter Netherlands
in 1992 — terminated in 1992

Netherlands — 92 / 0450, no measures notified, Art . 169 letter Portugal
in 1 992 — terminated in 1 992

Portugal — 92 / 0498, no measures notified, Art . 169 letter United
in 1992 Kingdom
United — 92 / 0542, no measures notified, Art . 169 letter
Kingdom in 1992

92 / 0735, no measures notified, Art . 169 letter
in 1992

92 / 0747, no measures notified, Art . 169 letter
in 1992 ( terminated in 1993 )
92 / 0774, no measures notified, Art . 169 letter
in 1992

92 / 0799, no measures notified, Art . 169 letter

in 1992

92 / 0823, no measures notified, Art . 169 letter
in 1992

92 / 0852, no measures notified, Art . 169 letter
in 1992

92 / 0879, no measures notified, Art . 169 letter
in 1992

92 / 0942, no measures notified, Art . 169 letter

in 1992

92 / 0923, no measures notified, Art . 169 letter
in 1992 ( to be terminated in 1993 )

90 / 0426
90 / 0422

Health problems — trade in animals — bovine leukosis Animal health conditions governing the movement of equidae
Member States which have notified implementing measures : Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, NL, P, UK . B, DK, D, EL, E, IRL, L.
— Belgium — 92 / 0045, no measures notified, Art . 169 letter

Health problems — trade in animals — bovine leukosis
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 91 / 0136, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Greece — 91 / 0042, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Spain — 91 / 0012, no measures notified, reasoned
opinion in 1991 — terminated in 1992
Ireland — 91 / 0100, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 91 / 0078, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0166, no measures notified, referral in

1992 — Case C-321 / 92

90 / 0423

Control of foot-and-mouth disease
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Belgium — 92 / 0044, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0119, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Spain — 92 / 0167, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0301, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0398, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
United — 92 / 0543, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

90 / 0425
Veterinary checks in intra-Community trade
Member States which have notified implementing measures :
B, DK, D, E, UK .
Belgium — 92 / 0658, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Germany — 92 / 0698, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

in 1992 ( to be terminated in 1993 )
Denmark — 92 / 0084, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Spain — 92 / 0748, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

France — 92 / 0212, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0302, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Italy — 92 / 0344, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0399, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Netherlands — 92 / 0451, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0497, no measures notified, Art . 169 letter

in 1992

United — 92 / 0544, no measures notified, Art . 169 letter
Kingdom in 1992

90 / 0427
Zootechnical conditions governing trade in equidae
Member States which have notified implementing measures :
B, EL, F, I, L, P.
Belgium — 92 / 0046, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Denmark — 92 / 0085, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0120, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0168, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0303, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0400, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

No C 233 / 190 Official Journal of the European Communities 30 . 8 . 93

Netherlands — 92 / 0452, no measures notified, Art . 169 letter

in 1992

United — 92 / 0545, no measures notified, Art . 169 letter
Kingdom in 1992

90 / 0428

Trade in equidae for competitions
Member States which have notified implementing measures :
B, DK, EL, F, I, L, NL, P, UK .

Belgium — 92 / 0047, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Denmark — 92 / 0086, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0121, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0259, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Spain — 92 / 0169, no measures notified, Art . 169 letter

in 1992

France — 92 / 0213, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Ireland — 92 / 0304, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0345, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0401, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Netherlands — 92 / 0453, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

United — 92 / 0546, no measures notified, Art . 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

90 / 0435

Parent companies and subsidiaries
Member States which have notified implementing measures :
B, DK, D, E, F, IRL, L, NL, P, UK .

Greece — 92 / 0604, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0615, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0622, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

United — 92 / 0639, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

90 / 0439
Products used in feedingstuffs
Member States which have notified implementing measures : all
Italy — 92 / 0347, no measures notified, Art . 169 letter in 1992

— terminated in 1992

90 / 0486

Belgium — 92 / 0577,

in 1992           

Greece — 92 / 0603,

in 1992

Ireland — 92 / 0609,

no measures notified,
- terminated in 1992

Art. 169 letter

no measures notified, [Art.] [ 169] letter

in 1992 

Italy — 92 / 0614,

in 1992           

Netherlands — 92 / 0880,

in 1992 

Art. 169 letter

Art. 169 letter

Art. 169 letter

Art. 169 letter

United

Kingdom

no measures notified,
- terminated in 1992

no measures notified,
- terminated in 1992

no measures notified,
- terminated in 1993

no measures notified,
- terminated in 1992

— 92 / 0638,

in 1992   

90 / 0429 Electrically - operated lifts

Health problems — porcine semen Member States which have notified implementing measures :
Member States which have notified implementing measures : B, DK, D, E, F, IRL, L, NL, P, UK .
B, D, EL, E, F, L, NL, P. Belgium — 91 / 0652, no measures notified, reasoned
Belgium — 92 / 0048, no measures notified, Art . 169 letter opinion in 1992 — terminated in 1992

in 1992 ( to be terminated in 1993 ) Greece — 91 / 0667, no measures notified, reasoned
Denmark — 92 / 0087, no measures notified, Art . 169 letter opinion in 1992

in 1992 Italy — 91 / 0675, no measures notified, reasoned
Greece — 92 / 0258, no measures notified, Art . 169 letter opinion in 1992

in 1992 — terminated in 1992 Luxembourg — 91 / 0683, no measures notified, reasoned
Spain — 92 / 0170, no measures notified, Art . 169 letter opinion in 1992 — terminated in 1992

in 1992 — terminated in 1992 Netherlands — 91 / 0687, no measures notified, Art . 169 letter

Health problems — porcine semen
Member States which have notified implementing measures :
B, D, EL, E, F, L, NL, P.
Belgium — 92 / 0048, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Denmark — 92 / 0087, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0258, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Spain — 92 / 0170, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0214, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0305, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0346, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Portugal — 91 / 0690, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

United — 91 / 0693, no measures notified, Art . 169 letter
Kingdom in 1991 — terminated in 1992

in 1992

Luxembourg — 92 / 0402, no measures notified, Art . 169 letter 90 / 0487
in 1992 — terminated in 1992 Electrical
Portugal — 92 / 0494, no measures notified, Art . 169 letter Member

in 1992 ( to be terminated in 1993 )
United — 92 / 0547, no measures notified, Art . 169 letter
Kingdom in 1992

90 / 0434

Company mergers and divisions
Member States which have notified implementing measures :
B, DK, D, E, F, IRL, I, L, NL, P, UK .

Electrical equipment
Member States which have notified implementing measures :
B, DK, E, F, IRL, NL, P, UK .
Denmark — 92 / 0679, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Germany — 92 / 0699, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0736, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0749, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 191

Italy — 92 / 0824, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0853, no measures notified, Art . 169 letter

in 1992

90 / 0488

Pressure vessels
Member States which have notified implementing measures : all
Belgium — 92 / 0049, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Denmark — 92 / 0088 no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0123, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0403, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Netherlands — 92 / 0454, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0493, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

90 / 0490

Organisms harmful to plants
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 91 / 0268, no measures notified, reasoned
opinion in 1991
Greece — 91 / 0357, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Luxembourg — 91 / 0433, no measures notified, referral in

1992 — Case C-324 / 92 — withdrawn in 1992

Portugal — 91 / 0518, no measures notified, reasoned
opinion in 1991 — terminated in 1992

90 / 0492

Labelling of dangerous, preparations
Member States which have notified implementing measures :
DK, EL, F, IRL, I, NL, P.
Belgium — 92 / 0050, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0124, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0257, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Spain — 92 / 0171, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0306, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0404, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0492, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

United — 92 / 0548, no measures notified, Art . 169 letter
Kingdom in 1992

90 / 0496
Foodstuffs for human consumption — nutrition labelling
Member States which have notified implementing measures :
B, DK, EL, E, IRL, L, NL, UK .
Germany — 92 / 0585, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0590, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0595, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0616, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0628, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Netherlands — 92 / 0623, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0635, no measures notified, Art . 169 letter

in 1992

United — 92 / 0640, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

90 / 0506
Organisms harmful to plants
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 91 / 0269, no measures notified, reasoned
opinion in 1991
Greece — 91 / 0358, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 91 / 0434, no measures notified, referral in

1992 — Case C-324 / 92 — withdrawn in 1992

Portugal — 91 / 0519, no measures notified, reasoned
opinion in 1991 — terminated in 1992

90 / 0517

Labelling of dangerous substances
Member States which have notified implementing measures :
DK, D, EL, F, L, NL .
Belgium — 92 / 0051, no measures notified, Art . 169 letter in

1992

Greece — 92 / 0256, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Spain — 92 / 0172, no measures notified, Art . 169 letter in

1992

France — 92 / 0215, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Ireland — 92 / 0307, no measures notified, Art . 169 letter in

1992

Italy — 92 / 0349, no measures notified, Art . 169 letter in

1992

Portugal — 92 / 0491, no measures notified, Art . 169 letter in

1992

United — 92 / 0549, no measures notified, Art . 169 letter in

Kingdom 1992

90 / 0531

Public contracts — excluded sectors
Member States which have notified implementing measures :
DK, F, UK .
Belgium — 92 / 0659, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0700, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0734, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0750, no measures notified, Art . 169 letter

in 1992

France — 92 / 0775, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Ireland — 92 / 0800, no measures notified, Art . 169 letter

in 1992

No C 233 / 192 Official Journal of the European Communities 30 . 8 . 93

Italy — 92 / 0825,

in 1992

Luxembourg — 92 / 0854,

in 1992

Netherlands — 92 / 0881,

in 1992

Portugal — 92 / 0909,

in 1992

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

90 / 0605

Annual accounts — consolidated accounts

Member States which have notified implementing measures :
B, DK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : D, EL, E, F, IRL, I, L, NL, P, UK .)

United — 92 / 0924, no measures notified, Art. 169 letter 90 / 0612
Kingdom in 1992 — terminated in 1993

90 / 0533

Plant protection products
Member States which have notified implementing measures : all
Greece — 91 / 0359, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Italy — 91 / 0409, no measures notified, Art . 169 letter

in 1991 — terminated in 1992

Netherlands — 91 / 0461, no measures notified, reasoned
opinion in 1991 — terminated in 1992

90 / 0539
Health problems — poultry and hatching eggs
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, NL .
Belgium — 92 / 0578, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Spain — 92 / 0591, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
France — 92 / 0596, no measures notified, Art . 169 letter

m 1992 — terminated in 1992

Ireland — 92 / 0610, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Italy — 92 / 0617, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0629, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0634, no measures notified, Art . 169 letter

in 1992

United — 92 / 0641, no measures notified, Art . 169 letter
Kingdom in 1992

90 / 0544

Frequency bands for radio paging
Member States which have notified implementing measures :
B, DK, D, F, I, L, NL, P, UK .
Greece — 92 / 0255, no measures notified, Art . 169 letter in

1992

Spain — 92 / 0173, no measures notified, Art . 169 letter in

1992

Ireland — 92 / 0308, no measures notified, Art . 169 letter in

1992

90 / 0547

Transit of electricity through transmission grids
Member States which have notified implementing measures :
B, DK, D, EL, F, IRL, I, L, NL, P, UK .
Spain — 92 / 0174, no measures notified, Art . 169 letter in

1992

Ireland — 92 / 0309, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Portugal — 92 / 0490, no measures notified, Art . 169 letter in

1992 ( to be terminated in 1993 )

in 1992 ( to be terminated in 1993 )
Netherlands — 92 / 0455, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0489, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

United — 92 / 0550, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

90 / 0618

Insurance of motor vehicles
Member States which have notified implementing measures :
DK, F, IRL, I, NL, P, UK .
Belgium — 92 / 0580, no measures notified, Art. 169 letter

in 1992

Germany — 92 / 0586, no measures notified, Art. 169 letter

in 1992

Greece — 92 / 0606, no measures notified, Art. 169 letter

in 1992

Spain — 92 / 0592, no measures notified, Art. 169 letter

in 1992

Ireland — 92 / 0611, no measures notified, Art. 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0618, no measures notified, Art. 169 letter

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0627, no measures notified, Art. 169 letter

in 1992

Netherlands — 92 / 0624, no measures notified, Art. 169 letter

in 1992 — terminated in 1992

United — 92 / 0642, no measures notified, Art. 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

90 / 0619

Second Directive on life assurance
Member States which have notified implementing measures :
F, I, NL, UK .
Belgium — 92 / 0967, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0969, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0973, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0974, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0981, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0986, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0990, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

Foodstuffs for human consumption — additives
Member States which have notified implementing measures : all
Italy — 92 / 0350, no measures notified, Art . 169 letter

30 . 8 . 93 Official Journal of the European Communities No C 233 / 193

Luxembourg — 92 / 0995, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0997, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

Portugal — 92 / 1001, no measures notified, Art . 169 letter

in 1992

United — 92 / 1004, no measures notified, Art . 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

90 / 0628
Safety belts
Member States which have notified implementing measures :
DK, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — - 92 / 0052, no measures notified, Art . 169 letter

in 1992

Germany — - 92 / 0125, no measures notified, Art . 169 letter

in 1992

Italy — - 92 / 0351, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

Luxembourg — - 92 / 0405, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

90 / 0629
Safety belts 1
Member States

DK, D, EL, E,

—
Belgium

Greece —

—
Italy

Luxembourg —

which have notified implementing measures :
F, IRL, L, NL, P, UK .

92 / 0053, no measures notified, Art . 169 letter

in 1992

92 / 0254, no measures notified, Art . 169 letter
in 1992 — terminated in 1992

92 / 0352, no measures notified, Art . 169 letter

in 1992

92 / 0406, no measures notified, Art . 169 letter
in 1992 — terminated in 1992

90 / 0630
Driver 's field of vision on motor vehicles
Member States which have notified implementing
DK, EL, E, F, IRL, L, NL, P, UK .
Belgium — 92 / 0054, no measures notified, Art .

in 1992
Germany — 92 / 0126, no measures notified, Art .

in 1992

Greece — 92 / 0253, no measures notified, Art .

in 1992 — terminated in 1992
Italy — 92 / 0353, no measures notified, Art .

in 1992

Luxembourg — 92 / 0407, no measures notified, Art .

in 1992 — terminated in 1992

measures :

169 letter

169 letter

169 letter

169 letter

169 letter

Portugal — 92 / 0487, no measures notified, Art . 169 letter in

1992
United — 92 / 0551, no measures notified, Art . 169 letter in
Kingdom 1992

90 / 0659
Transitional measures in Germany — health and safety of
workers

Member States which have notified implementing measures :

none
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : D. )

90 / 0660

Transitional measures in Germany — protection of the

environment
Member States which have notified implementing measures : D.

90 / 0667

Processing of animal waste
Member States which have notified implementing measures :
DK, F, I, L, P.
Belgium — 92 / 0056, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0089, no measures notified, Art . 169 letter

in 1992 — terminated in 1992
Germany — 92 / 0127, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0252, no measures notified, Art . 169 letter

in 1992
Spain — 92 / 0176, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0310, no measures notified, Art . 169 letter

in 1992
Italy — 92 / 0354, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Netherlands — 92 / 0456, no measures notified, Art . 169 letter

in 1992
Portugal — 92 / 0488, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

United — 92 / 0552, no measures notified, Art . 169 letter
Kingdom in 1992

90 / 0675
Veterinary checks for products from non-member countries

Member States which have notified implementing measures :
B, DK, D, L, UK

Belgium — 92 / 0660, no measures notified [,] Art. [ 169] [,] [ letter]

in 1992            -            - terminated in 1993

Germany — 92 / 0701, [no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992 ( to be terminated in 1993 )

90 / 0656
Transitional measures in Germany — protection of the

environment
Member States which have notified implementing measures : D.

90 / 0658
Amendments to the mutual recognition of qualifications
( Germany )
Member States which have notified implementing measures :
DK, D, EL, F, IRL, I, L, NL .
Belgium — 92 / 0055, no measures notified, Art . 169 letter in

Greece — 92 / 0733,

in 1992

no measures notified, Art. [169] [ letter]

Spain — 92 / 0751, no measures notified [,] Art. [ 169] [ letter]

in 1992

no measures notified, Art. [169] [ letter]

no measures notified, Art. [169] [ letter]

1992
Spain — 92 / 0175, no measures notified, Art . 169 letter in

France — 92 / 0776,

in 1992

Ireland — 92 / 0801,

in 1992

Italy — 92 / 0826, [no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992
1992

No C 233 / 194 Official Journal of the European Communities 30 . 8 . 93

Luxembourg — 92 / 0855, no measures notified, Art . 169 letter 91 / 0069

in 1992 — terminated in 1993

Health problems — trade in sheep

Netherlands — 92 in 1992 / 0882, no measures notified, Art . 169 letter B Member, I, L, NL States . which have notified implementing measures 
Portugal — 92 / 0908, no measures notified, Art . 169 letter ( Member States which were sent an Art . 169 letter in 1993 for

in 1992 failure to notify measures : DK, D, EL, E, F, IRL, P, UK .)

in 1992 — terminated in 1993
Netherlands — 92 / 0882, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0908, no measures notified, Art . 169 letter

in 1992
Kingdom United — 92 in 1992 / 0925 (, no to be measures terminated notified in 1993, Art ) . 169 letter

91 / 0071

Foodstuffs for human consumption — flavourings

90 / 0676 Member States which have notified implementing measures :

Veterinary medicines B, DK, D, EL, E, F, IRL, I, L, NL, UK .
Member States which have notified implementing measures B, DK, EL, F, I. 91 / 0072
( Member States which were sent an Art . 169 letter in 1993 for Labelling of foodstuffs
failure to notify measures : D, E, IRL, L, NL, P, UK .) Member States which have notified 

90 / 0676

91 / 0072
Labelling of foodstuffs
Member States which have notified implementing measures B, DK, D, EL, E, F, L, NL, P.

91 / 0027
Organisms harmful to plants
Member States which have notified implementing measures DK, D, EL, E, F, IRL, I, L, NL, P, UK .
Belgium — 92 / 0057, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0090, no measures notified, Art . 169 letter

91 / 0126
Feedingstuffs — undesirable substances
Member States which have notified implementing measures B, DK, D, EL, E, F, IRL, NL, P, UK .
Italy — 92 / 0357, no measures notified, Art . 169 letter

in 1992

in 1992 — terminated in 1992
Ireland — 92 / 0311, no measures notified, Art . 169 letter

in 1992 — terminated in 1992
Italy — 92 / 0355, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0409, no measures notified, Art . 169 letter

in 1992 " — terminated in 1992

91 / 0132
Feedingstuffs — undesirable substances
Member States which have notified implementing : measures B, DK, D, EL, E, F, IRL, I, NL, P, UK .
Spain — 92 / 0178, no measures notified, Art . 169 letter

in 1992 — terminated in 1992
Luxembourg 92 / 0412, no measures notified, Art . 169 letter
in 1992

91 / 0155
Dangerous preparations
Member States which have notified implementing measures EL, IRL, I.
Belgium — 92 / 0058, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0091, no measures notified, Art . 169 letter

in 1992
Germany — 92 / 0129, no measures notified, Art . 169 letter

in 1992
Greece 92 / 0250, no measures notified, Art . 169 letter
in 1992 — terminated in 1992
Spain — 92 / 0179, no measures notified, Art . 169 letter

in 1992

France — 92 / 0217, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0312, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0413, no measures notified, Art . 169 letter

in 1992
Netherlands — 92 / 0457, no measures notified, Art . 169 letter

in 1992
Portugal 92 / 0485, no measures notified, Art . 169 letter
in 1992
United Kangdom — 92 in 1992 / 0553, no measures notified, Art . 169 letter

Luxembourg — 92 / 0411, no measures notified, Art . 169 letter

in 1992

91 / 0060
Weights and dimensions of motor vehicles
Member States which have notified implementing measures B, DK, D, EL, E, IRL, I, L, NL, UK .
Spain — 92 / 0177, no measures notified, Art . 169 letter

in 1992 — terminated in 1992
France — 92 / 0216, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0356, no measures notified, Art . 169 letter

in 1992 — terminated in 1992
Luxembourg — 92 / 0410, no measures notified, Art . 169 letter

in 1992 — terminated in 1992
Portugal — 92 / 0486, no measures notified, Art . 169 letter

in 1992

91 / 0067

Aquaculture products
Member States which have notified implementing measures B, I, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, F, IRL, L, P. )

91 / 0068
Health problems — trade in sheep
Member States which have notified implementing measures B, IRL, I, L, NL, P.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, F, UK .)

30 . 8 . 93 Official Journal of the European Communities No C 233 / 195

91 / 0157 Greece — 92 / 0249, no measures notified, Art . 169 letter

Batteries containing dangerous substances
Member States which have notified implementing measures :
DK, NL .
Belgium — 92 / 1005, no measures notified, Art . 169 letter

in 1992
Germany — 92 / 1006, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 1007, no measures notified, Art . 169 letter

in 1992 '
Spain — 92 / 1008, no measures notified, Art . 169 letter

in 1992

France — 92 / 1009, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 1010, no measures notified, Art . 169 letter

in 1992
Italy — 92 / 1011, no measures notified, Art . 169 letter

in 1992
Luxembourg — 92 / 1012, no measures notified, Art . 169 letter

in 1992
Portugal — 92 / 1013, no measures notified, Art . 169 letter

in 1992

United — 92 / 1014, no measures notified, Art . 169 letter
Kingdom in 1992

91 / 0173

Dangerous preparations and substances
Member States which have notified implementing measures :
B, DK, D, EL, E.
Belgium — 92 / 0661, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0702, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Greece — 92 / 0732, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Spain — 92 / 0752, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0777, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0802, no measures notified, Art . 169 letter

in 1992
Italy — 92 / 0827, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0180, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0218, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0313, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0358, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0414, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0458, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0483, no measures notified, Art . 169 letter

in 1992

United — 92 / 0554, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

91 / 0184

Cosmetics
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, NL, UK .
Belgium — 92 / 0060, no measures notified, Art . 169 letter

in 1992

France — 92 / 0219, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0415, no measures notified, Art . 169 letter

in 1992
Portugal — 92 / 0484, no measures notified, Art . 169 letter

in 1992

United — 92 / 0555, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

91 / 0188
Plant protection products containing certain active substances
Member States which have notified implementing measures : all
Denmark — 92 / 0582, no measures notified, Art . 169 letter in

1991 — terminated in 1992

91 / 0191

Tax-free allowances for travellers

in 1992 Member States which have notified implementing measures : all

Luxembourg — 92 / 0856, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0883, no measures notified, Art . 169 letter 91 / 0224

in 1992
Portugal — 92 / 0907, no measures notified, Art . 169 letter

in 1992

United — 92 / 0926, no measures notified, Art . 169 letter
Kingdom in 1992

91 / 0174

Marketing of pure-bred animals
Member States which have notified implementing measures :
B, E, I, UK .
Belgium — 92 / 0059, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Denmark — 92 / 0092, no measures notified, Art . 169 letter

in 1992 '

Germany — 92 / 0130, no measures notified, Art . 169 letter

in 1992

Combined transport
Member States which have notified implementing measures :
B, DK, D, E, F, L, NL, P, UK .
Denmark — 92 / 0093, no measures notified, Art . 169 letter in

1992 — terminated in 1993

Germany — 92 / 0131, no measures notified, Art . 169 letter in

1992 — terminated in 1992

Greece — 92 / 0248, no measures notified, Art . 169 letter in

1992

Ireland — 92 / 0314, no measures notified, Art . 169 letter in

1992

Italy — 92 / 0360, no measures notified, Art . 169 letter in

1992

Portugal — 92 / 0482, no measures notified, Art . 169 letter in

1992 ( to be terminated in 1993 )
United — 92 / 0556, no measures notified, Art . 169 letter in
Kingdom 1992 — terminated in 1992

No C 233 / 196 Official Journal of the European Communities 30 8 93

91 / 0226
91 / 0266

Spray-suppression systems of motor vehicles Health problems — trade in animals and meat
B Member, DK, D States, EL, E which, F, IRL have, L notified, NL, P, implementing UK . measures : Member States which have notified implementing measures : all
France — 92 / 059 7, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0619, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0630, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

91 / 0238

Labelling of foodstuffs
Member States which have notified implementing measures - B
EL, E, IRL, L, NL, P, UK .

91 / 0269

Electrical equipment
Member States which have notified implementing measures DK, D, EL, E, F, IRL, NL, P, UK .
Belgium — 92 / 0662, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0731, no measures notified, Art . 169 letter

in 1992 — terminated in 1993
Italy — 92 / 0828, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0857, no measures notified, Art . 169 letter

91 / 0244 in 1992

Member Conservation States of which wild birds have notified implementing measures : EL, United Kingdom — 92 in 1992 / 0927 —, no terminated measures in notified 1993, Art . 169 letter
E, I, P.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, F, IRL, L, NL, UK .)

91 / 0287

91 / 0248
Feedingstuffs — additives
Member States which have notified implementing measures : all

91 / 0249

Feedingstuffs — additives
Member States which have notified implementing measures B, DK, D, EL, E, F, IRL, I, NL, P, UK .
Greece — 92 / 0247, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Luxembourg - r - 92 / 0416, no measures notified, Art . 169 letter

in 1992

91 / 0250
Legal protection of computer programs
Member States which have notified implementing measures DK, I, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, EL, E, F, IRL, L, NL, P. )

91 / 0263

Cordless telecommunications — frequency bands
Member States which have notified implementing
B, F, L, NL, P,
Denmark — 92 / 0094, no measures notified, Art .

in 1992

Germany — 92 / 0132, no measures notified, Art .

in 1992

Greece — 92 / 0246, no measures notified, Art .

in 1992

Spain — 92 / 0173, no measures notified, Art .

in 1992

France — 92 / 0220, no measures notified, Art .

in 1992 — terminated in 1992

Ireland — 92 / 0315, no measures notified, Art .

in 1992

Italy — 92 / 0361, no measures notified, Art .

in 1992

Netherlands — 92 / 0459, no measures notified, Art .

in 1992 — terminated in 1992

United — 92 / 0557, no measures notified, Art .
Kingdom in 1992

measures :

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

Telecommunications terminal equipment
Member States which have notified implementing measures - 91 / 0296
DK, F, NL, UK . Transit
Belgium — 92 / 0966, no measures notified, Art . 169 letter Member

in 1992

Germany — 92 / 0972, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0975, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0980, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0985, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0989, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 in 1992 / 0994, no measures notified, Art . 169 letter Italy — 92 /
in 1992

in 1992

Portugal — 92 / 1000, no measures notified, Art . 169 letter

Transit of natural gas through grids
Member States which have notified implementing measures B, DK, IRL, L, NL, UK .
Germany — 92 / 0133, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0245, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0181, no measures notified, Art . 169 letter

in 1992

France — 92 / 0221, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0316, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Italy — 92 / 0362, no measures notified, Art . 169 letter

in 1992, no measures, . Luxembourg — 92 / 0417, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 197

Netherlands — 92 / 0460, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Portugal — 92 / 0481, no measures notified, Art . 169 letter

Portugal — 92 / 0905, no measures notified, Art . 169 letter

in 1992

United — 92 / 0928, no measures notified, Art . 169 letter
Kingdom in 1992

in 1992

United — 92 / 0558, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992 91 / 0326

91 / 0308
Money laundering
Member States which have notified implementing measures :
B ( Member, F, I, L. States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, IRL, NL, P, UK .)

91 / 0321

Infant formulae
Member States which have notified implementing measures :
E, NL, P, UK .
Belgium — [92] [/] [0965] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992

Denmark — 92 / 0968, no measures notified, Art.

in 1992

169 letter

Germany — [92] [/] [0971] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992

Greece — 92 / 0976, no measures notified, Art.

in 1992

169 letter

Spain — [92] [/] [0979] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992 ( to be terminated in 1993 )
France — 92 / 0983, no measures notified, Art.

in 1992

Ireland — 92 / 0984, no measures notified, Art.

in 1992

169 letter

169 letter

Italy — [92] [/] [0988] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992

Luxembourg — [92] [/] [0993] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992

Netherlands — 92 / 0996, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

169 letter

Labelling of dangerous substances
Member States which have notified implementing measures :
DK, F, L, NL .
Belgium — 92 / 0664, no measures notified, Art . 169 letter in

1992

Germany — 92 / 0704, no measures notified, Art . 169 letter in

1992

Greece — 92 / 0730, no measures notified, Art . 169 letter in

1992

Spain — 92 / 0754, no measures notified, Art . 169 letter in

1992

Ireland — 92 / 0804, no measures notified, Art . 169 letter in

1992

Italy — 92 / 0830, no measures notified, Art . 169 letter in

1992

Portugal — 92 / 0904, no measures notified, Art . 169 letter in

1992

United — 92 / 0929, no measures notified, Art . 169 letter in
Kingdom 1992

91 / 0334

Compound feedingstuffs for pet animals
Member States which have notified implementing measures :
B, DK, D, E, F, IRL, NL, P, UK .
Greece — 92 / 0243, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0183, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Ireland — - 92 / 031$, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0364, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0419, no measures notified, Art . 169 letter

in 1992

91 / 0336
Feedingstuffs — additives
Member States which have notified implementing measures :
B, DK, D, EL, E, F, IRL, NL, P, UK .
Greece — 92 / 0242, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Spain — 92 / 0184, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0365, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0420, no measures notified, Art . 169 letter

in 1992

91 / 0338

Dangerous preparations and substances
Member States which have notified implementing measures : E.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, F, IRL, I, L, NL, P,
UK .)

91 / 0339
Dangerous preparations and substances
Member States which have notified implementing measures :
DK, EL, E, NL, UK .

Portugal — [92] [/] [0999] [,] [ no] [ measures] [ notified] [,] [ Art.] [ 169] [ letter]

in 1992 ( to be terminated in 1993 )
United — 92 / 1003, no measures notified, Art. [169] [ letter]
Kingdom in 1992 ( to be terminated in 1993 )

91 / 0325
Labelling of dangerous substances
Member States which have notified implementing measures :
DK, F, L, NL .
Belgium — 92 / 0663, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0703, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0244, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0753, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0803, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0829, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0418, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

No C 233 / 198 Official Journal of the European Communities 30 . 8 . 93

Belgium

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Portugal

- 92 / 0665,

in 1992

- 92 / 0705,

in 1992

92 / 0729,
in 1992  

92 / 0755,
in 1992 

92 / 0778,
in 1992

92 / 0805,
in 1992

92 / 0831,
in 1992

92 / 0858,
in 1992

92 / 0903,
in 1992

no measures notified, Art . 169 letter

no measures notified, Art . 169 letter

no measures notified, Art . 169 letter
- terminated in 1993

no measures notified, Art . 169 letter
- terminated in 1992

no measures notified, Art . 169 letter

no measures notified, Art . 169 letter

no measures notified, Art . 169 letter

no measures notified, Art . 169 letter

no measures notified, Art . 169 letter

91 / 0357

Compound feedingstuffs
Member States which have notified implementing measures B, DK, D, E, F, IRL, I, NL, P, UK .
Germany — 92 / 0136, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Greece — 92 / 0239, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0187, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0224, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Ireland — 92 / 0320, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0422, no measures notified, Art . 169 letter

in 1992

91 / 0368
Machinery
Member States which have notified implementing measures :
B, DK, E, F, IRL, L, UK .
Belgium — 92 / 0066, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Denmark — 92 / 0095, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0137, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0238, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0188 no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0321, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0368, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0462, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0478, no measures notified, Art . 169 letter

in 1992

United — 92 / 0562, no measures notified, Art . 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

91 / 0342
Facilitation of inspections on the carriage of goods
Member States which have notified implementing measures :
DK, E, IRL, L, NL .
Belgium — 92 / 0063, no measures notified, Art . 169 letter in

1992

Germany — 92 / 0135, no measures notified, Art . 169 letter in

1992

Greece — 92 / 0241, no measures notified, Art . 169 letter in

1992

Spain — 92 / 0185, no measures notified, Art . 169 letter in

1992 — terminated in 1992

France — 92 / 0222, no measures notified, Art . 169 letter in

1992

Italy — 92 / 0366, no measures notified, Art . 169 letter in

1992

Portugal — 92 / 0479, no measures notified, Art . 169 letter in

1992

United — 92 / 0560, no measures notified, Art . 169 letter in
Kingdom 1 992

91 / 0382

Protection of workers ( asbestos )
Member States which have notified implementing measures :
B, DK, F, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
91 / 0356 failure to notify measures : D, EL, E, IRL, I, L, P. )

Good manufacturing practice for medicinal products
Member States which have notified implementing measures :
DK, IRL, I, L, NL, P.
Belgium — 92 / 0064, no measures notified, Art . 169 letter in

1992 ( to be terminated in 1993 )
Germany — 92 / 0122, no measures notified, Art . 169 letter in

1992

Greece — 92 / 0240, no measures notified, Art . 169 letter in

1992

Spain — 92 / 0186, no measures notified, Art . 169 letter in

1992 ( to be terminated in 1993 )

France — 92 / 0223, no measures notified, Art . 169 letter in

1992 ( to be terminated in 1993 )
United — 92 / 0561, no measures notified, Art . 169 letter in
Kingdom 1992 ( to be terminated in 1993 )

91 / 0383

Health and safety of temporary workers
Member States which have notified implementing measures DK, IRL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, EL, E, F, I, L, NL, P. )

91 / 0410

Labelling of dangerous substances
Member States which have notified implementing measures DK, F, NL .
Belgium — 92 / 0666, no measures notified, Art . 169 letter

in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 199

Germany — 92 / 0706, no measures notified, Art . 169 letter

in 1992

Greece . — 92 / 0728, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0756, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0806, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0832, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0859, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0902, no measures notified, Art . 169 letter

in 1992

United — 92 / 0930, no measures notified, Art . 169 letter
Kingdom in 1992

91 / 0422

Braking devices of motor vehicles
Member States which have notified implementing
DK, EL, E, F, IRL, I, L, NL, P.
Belgium — 92 / 0067, no measures notified, Art .

in 1992

Germany — 92 / 0128, no measures notified, Art .

in 1992

Spain — 92 / 0189, no measures notified, Art .

in 1992 — terminated in 1992

France — 92 / 0225, no measures notified, Art .

in 1992 ( to be terminated in 1993 )
Italy — 92 / 0369, no measures notified, Art .

in 1992 — terminated in 1992

Luxembourg — 92 / 0424, no measures notified, Art .

in 1992 ( to be terminated in 1993 )
Netherlands — 92 / 0463, no measures notified, Art .

in 1992 — terminated in 1992

Portugal — 92 / 0475, no measures notified, Art .

in 1992 ( to be terminated in 1993 )
United — 92 / 0563, no measures notified, Art .
Kingdom in 1992

measures :

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

169 letter

91 / 0442

Child-resistant fastenings
Member States which have notified implementing measures :
DK, EL, F, IRL, I, NL .
Belgium — 92 / 0667, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0681, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0707, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0757, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0807, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

Luxembourg — 92 / 0860, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0901, no measures notified, Art . 169 letter

in 1992

United — 92 / 0931, no measures notified, Art . 169 letter
Kingdom in 1992

91 / 0477

Arms control

Member States which have notified implementing measures : F,
I, NL, UK . ( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, E, IRL, L, P. )

91 / 0492

Live bivalve molluscs
Member States which have notified implementing measures : B,
I, NL .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, F, IRL, L, P, UK .)

91 / 0493

Fishery products
Member States which have notified implementing measures : B,

91 / 0440 E, I, F, L, NL .

Development of railways ( Member States which were sent an Art . 169 letter in 1993 for
Member States which have notified implementing measures : E, failure to notify measures : DK, D, EL, IRL, P, UK .)

UK .

91 / 0441

Emissions from motor vehicles
Member States which have notified implementing measures :
DK, D, E, F, IRL, I, L, NL, P, UK .
Belgium — 92 / 0068, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0237, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0190, no measures notified, Art . 169 letter

in 1992 terminated in 1992

France — 92 / 0226, no measures notified, Art . 169 letter

in 1993 — terminated in 1992

Luxembourg — 92 / 0425, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Netherlands — 92 / 0464, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0476, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

91 / 0494
Health problems — import of poultrymeat
Member States which have notified implementing measures : B,
DK, D, E, NL, UK .
Belgium — 92 / 0579, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Denmark — 92 / 0583, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Greece — 92 / 0607, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0593, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
France — 92 / 0598, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0612, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0620, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

No C 233 / 200 Official Journal of the European Communities 30 . 8 . 93

Luxembourg — 92 / 0631,

in 1992

Netherlands — 92 / 0625,

in 1992           

Portugal — 92 / 0636,

in 1992

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified,
- terminated in 1992

Art. 169 letter

Germany — 92 / 0139, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Spain — 92 / 0192, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0323, no measures notified, Art . J 69 letter

in 1992

Italy — 92 / 0371, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0427, no measures notified, Art . 169 letter

in 1992

United —

Kingdom

92 / 0643,
in 1992

91 / 0495 Netherlands — 92 / 0466, no measures notified, Art . 169 letter

Rabbit meat and farmed game meat
Member States which have notified implementing measures :
B, I.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, F, IRL, L, NL, P,
UK .)

in 1992

Portugal — 92 / 0472, no measures notified, Art . 169 letter

in 1992

United — 92 / 0565, no measures notified, Art . 169 letter
Kingdom in 1992

91 / 0507

91 / 0496 Testing of medicinal products

Veterinary Member DK D E States checks UK which . for have animals notified from implementing non — member measures countries : B, Belgium Member DK, EL, States I, L —, NL which 92, P / 0071, have UK, no . notified measures implementing notified, Art measures . 169 letter : B,

Veterinary checks for animals from non — member countries
Member States which have notified implementing measures : B,
DK, D, E, UK .
Belgium — 92 / 0668, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Germany — 92 / 0140, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0236, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Spain — 92 / 0193, no measures notified, Art . 169 letter

in 1992

France — 92 / 0228, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0324, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0372, no measures notified, Art . 169 letter

in 1992 terminated in 1992

Netherlands — 92 / 0467, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

in 1992 ( to be terminated in 1993 )
Denmark — 92 / 0096, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Germany — 92 / 0138, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Greece — 92 / 0727, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0758, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

France — 92 / 0779, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0808, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0833, no measures notified, Art . 169 letter

in 1992 Portugal — 92 / 0474, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0861, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Luxembourg — 92 / 0861, no measures notified, Art . 169 letter

in 1992 United — 92 / 0566, no measures notified, Art . 169 letter

Netherlands — 92 / 0884, no measures notified, Art . 169 letter Kingdom in 1992 ( to be terminated in 1993 )

in 1992

in 1992

Portugal — 92 / 0900, no measures notified, Art . 169 letter

in 1992

United — 92 / 0932, no measures notified, Art . 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

91 / 0497

Fresh meat
Member States which have notified implementing measures : B,
F, IRL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, I, L, NL, P. )

91 / 0499

Health problems — trade in animals — brucellosis
Member States which have notified implementing measures : B,
DK, D, EL, E, F.
Belgium — 92 / 0070, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

91 / 0508

Feedingstuffs — additives
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 92 / 0964, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Greece — 92 / 0977, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )

Luxembourg — 92 / 0992, no measures notified, Art . 169 letter

in 1992

91 / 0542

Gas emissions from diesel engines
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, P, UK .
Belgium — 92 / 0072, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0097, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

30 . 8 . 93 Official Journal of the European Communities No C 233 / 201

Germany — 92 / 0141, no measures notified, Art. [ 169] [ letter]

no measures notified,
- terminated in 1992

Ireland — 92 / 0613,

Art. 169 letter

in 1992 ( to be terminated in 1993 )
Greece — 92 / 0234, no measures notified, Art.

in 1992 ( to be terminated in 1993 )

in 1992 

169 letter

Spain — 92 / 0194, no measures notified, Art. [ 169] [ letter]

in 1992 — terminated in 1992

France — 92 / 0229, no measures notified, Art.

in 1992 — terminated in 1992

169 letter

Italy — 92 / 0621,

in 1992

Luxembourg — 92 / 0632,

in 1992

Netherlands — 92 / 0626,

in 1992

Portugal — 92 / 0637,

in 1992

Italy — 92 / 0373 [,] no measures notified [,] Art. [ 169] [ letter]

in 1992 ( to be terminated in 1993 )
Luxembourg — 92 / 0428, no measures notified, Art.

in 1992

Netherlands — 92 / 0468, no measures notified, Art.

169 letter

169 letter

United —

Kingdom

92 / 0644,

in 1992

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

in 1992

91 / 0671

Portugal — 92 / 0471, no measures notified, Art. [169] [ letter] Use of safety belts

in 1992 ( to be terminated in 1993 ) Member States which have notified implementing measures :

DK, D, EL, F, IRL, L, NL .
( Member States which were sent an Art . 169 letter in 1993 for
91 / 0628 failure to notify measures : B, E, I, P, UK .)

Portugal — 92 / 0471, no measures notified, Art. [169] [ letter]

in 1992 ( to be terminated in 1993 )

Protection of animals during transport
Member States which have notified implementing measures : I,
L, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, E, F, IRL, P. )

91 / 0672

( Member States which were sent an Art . 169 letter in 1993 for Boatmasters ' certificates for inland waterways
failure to notify measures : B, DK, D, EL, E, F, IRL, P. ) Member States which have notified implementing measures : B,

DK, EL, E, F, IRL, I, L, NL, P, UK .
( Member States which were sent an Art . 169 letter in 1993 for
91 / 0633 failure to notify measures : D. )
Own funds of credit institutions
Member States which have notified implementing measures : B, 91 / 0673
DK, D, EL, E, F, IRL, I, L, NL, P. Tax-free allowances for travellers
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : UK .) Member States which have notified implementing measures :

91 / 0673

Tax-free allowances for travellers

Member States which have notified implementing measures :
DK, IRL .

91 / 0659 91 / 0680
Dangerous preparations and substances VAT —
Member States which have notified implementing measures : Member

none
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : all ) 91 / 0681

VAT — abolition of tax frontiers

Member States which have notified implementing measures :

failure to notify measures : all ) 91 / 0681

Compound feedingstuffs
Member States which have notified implementing measures : B,
91 / 0662 DK, D, E, F, IRL, NL, UK .
Interior fittings of motor vehicles Germany — 92 / 0142, no measures notified, Art. 169 letter
Member States which have notified implementing measures : in 1992 - - terminated in 1992
DK ( Member, D, E States, IRL which, I, NL were, P, UK sent . an Art . 169 letter in 1993 for Greece — 92 in 1992 / 0233, no measures notified, [Art.] [ 169] [ letter]
failure to notify measures : B, EL, F, L. )

no measures notified,
- terminated in 1992

Germany — 92 / 0142,

Art. 169 letter

in 1992 

no measures notified, [Art.] [ 169] [ letter]

Greece — 92 / 0233,

in 1992

Spain — 92 / 0195,

Art. 169 letter

in 1992 

91 / 0663
Lighting and light — signalling devices on motor vehicles
Member States which have notified implementing measures : D,
EL, E, IRL, NL, P, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, F, I, L. )

91 / 0670

Mutual acceptance of personnel licences in civil aviation
Member States which have notified implementing measures :
DK, E, IRL .

no measures notified,
- terminated in 1992

no measures notified,
- terminated in 1992

no measures notified,
- terminated in 1992

Art. 169 letter

France — 92 / 0230,

in 1992           

Ireland — 92 / 0325,

in 1992           

Italy — 92 / 0374,

in 1992

Luxembourg — 92 / 0429,

in 1992

Portugal — 92 / 0470,

in 1992

Art. 169 letter

Art. 169 letter

no measures notified, [Art.] [ 169] [letter]

no measures notified, [Art.] [ 169] [ letter]

no measures notified, [Art.] [ 169] [letter]

United —

Kingdom

91 / 0682
Material for the propagation of ornamental plants
Member States which have notified implementing measures : B.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, F, IRL, I, L, NL, P,
UK .)

92 / 0567, no measures notified,
in 1992 - - terminated in 1992

Belgium — 92 / 0581,

in 1992

Germany — 92 / 0587,

in 1992

Greece — 92 / 0608,

in 1992

France — 92 / 0599,

in 1992

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

No C 233 / 202 Official Journal of the European Communities 30 . 8 . 93

91 / 0684 Greece — 92 / 0725,

Health problems — egg products
Member States which have notified implementing measures :
DK, E, F, NL .
Belgium — 92 / 0074, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0760,

in 1992

France — 92 / 0781,

in 1992

Ireland — 92 / 0810,

in 1992

Italy — 92 / 0835,

in 1992

Luxembourg — 92 / 0863,

in 1992

Portugal — 92 / 0898,

in 1992

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

no measures notified, Art. 169 letter

in 1992

Denmark — 92 / 0098, no measures notified, Art . 169 letter

in 1992 terminated in 1992

Germany — 92 / 0143, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0232, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0196, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
France — 92 / 0231, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0326 no measures notified, Art . 169 letter

in 1992

taly — 92 / 0375 no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0430 no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0469 no measures notified, Art . 169 letter

in 1992

United — 92 / 0568 no measures notified, Art . 169 letter
Kingdom in 1992

91 / 0685

Control of classical swine fever
Member States which have notified implementing measures DK, NL, UK .
Belgium — 92 / 0669, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0682, no measures notified, Art . 169 letter

in 1992 ( terminated in 1993 )
Germany — 92 / 0708, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0726, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0759, no measures notified, Art . 169 letter

United

Kingdom

91 / 0688

— 92 / 0934, no measures

in 1992 ( terminated in

notified, Art.
1993 )

169 letter

Health problems — import of animals and meat
Member States which have notified implementing measures : D,
NL .

Belgium — 92 / 0671, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0684, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0724, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0761, no measures notified, Art . 169 letter

in 1992

France — 92 / 0782, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0811, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0836, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0864, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0897, no measures notified, Art . 169 letter

in 1992

United — 92 / 0935, no measures notified, Art . 169 letter
Kingdom in 1992

in 1992

France — 92 / 0780, no measures notified, Art . 169 letter

,, . 92 / 0005

in 1992
Ireland — 92 in 1992 / 0809, no measures notified, Art . 169 letter Member Health B, I. problems States which — meat have products notified implementing measures :

Italy — 92 / 0834, no measures notified, Art . 169 letter ( Member States which were sent an Art . 169 letter in 1993 for

in 1992 failure to notify measures : DK, D, EL, E, F, IRL, L, NL, P,

Luxembourg — 92 / 0862, no measures notified, Art . 169 letter UK .)

in 1992

Ireland — 92 / 0809, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0834, no measures notified, Art . 169 letter

in 1992

in 1992

Portugal — 92 / 0899, no measures notified, Art . 169 letter

,, . 92 / 0007

in 1992
Weights and dimensions of motor vehicles
Member States which have notified implementing measures                           DK, D, IRL, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
91 / 0687 failure to notify measures : B, EL, E, F, I, L, P. )
Health problems — trade in animals — classical swine fever
DK Member, D, NL States, UK which . have notified implementing measures - Cosmetics 92 / 0008
Belgium — 92 / 0670, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0683, no measures notified, Art . 169 letter

in 1992 ( terminated in 1993 )

92 / 0008

Cosmetics
Member States which have notified implementing measures - D,
DK, IRL, I, L, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, EL, E, F, NL, P. )

30 . 8 . 93 Official Journal of the European Communities No C 233 / 203

92 / 0009 Italy — 92 / 0837,

Seed of oil and fibre plants
Member States which have notified implementing measures : B,
D, EL, E, IRL, I, NL, P, UK .
Denmark — 92 / 0686, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0723, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
France — 92 / 0784, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0813, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0838, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0865,

in 1992

Netherlands — 92 / 0885,

no measures notified, Art. 169 letter

no measures notified, Art. 169 [letter]

no measures notified,
- terminated in 1993

Art. 169 letter

in 1992 

Portugal — 92 / 0896,

in 1992

United —

Kingdom

no measures notified, Art. 169 letter

no measures notified, Art. 169 [letter]

92 / 0936,
in 1992

in 1992 — terminated in 1993
92 / 0019
Luxembourg — 92 / 0866, no measures notified, Art . 169 letter

in 1992

92 / 0010

Organisms harmful to plants
Member States which have notified implementing measures : B,
DK, D, EL, E, F, IRL, I, NL, P, UK .
Greece — 92 / 0722, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
France — 92 / 0785, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0839, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Luxembourg — 92 / 0867, no measures notified, Art . 169 letter

in 1992

Fodder-plant seed
Member States which have notified implementing measures : B,
DK, D, E, IRL, NL, P, UK .
Denmark — 92 / 0687, no measures notified, Art . 169 letter

in 1992 ( terminated in 1993 )
Greece — 92 / 0720, no measures notified, Art . 169 letter

in 1992

France — 92 / 0786, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0814, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Italy — 92 / 0840, no«measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0868, no measures notified, Art . 169 letter

in 1992

92 / 0021
92 / 0012 Masses
Arrangements for products subject to excise duty Member

Member States which have notified implementing measures :

92 / 0013

Public contracts — excluded sectors
Member States which have notified implementing measures : DK,
IRL, UK
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, F, I, L, NL .)
( Derogations : EL, E, P. )

92 / 0014
Operation of aeroplanes
Member States which have notified implementing measures : B,
DK, E, NL
Belgium — 92 / 0672, no measures notified, [Art.] [ 169] [ letter]

in 1992 ( terminated in 1993 )
Denmark — 92 / 0685, no measures notified, [Art.] [ 169] [ letter]

in 1992 — terminated **i** n 1992

Germany — 92 / 0709, no measures notified, [Art.] [ 169] [ letter]

in 1992

Greece — 92 / 0721, no measures notified, [Art.] [ 169] [ letter]

in 1992

Spain — 92 / 0762, no measures notified, [Art.] [ 169] [ letter]

in 1992 ( terminated in 1993 )
France — 92 / 0783, no measures notified, [Art.] [ 169] [ letter]

in 1992

Ireland — 92 / 0812, no measures notified, [Art.] [ 169] [ letter]

Masses and dimensions of motor vehicles
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 92 / 0673, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0710, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Greece — 92 / 0719, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Spain — 92 / 0764, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0787, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0841, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Luxembourg — 92 / 0869, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0886, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0895, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

United — 92 / 0937, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

92 / 0022

Glazing on motor vehicles
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, NL, P, UK .

Belgium — 92 / 0674, no measures notified, Art . 169 letter

n 1992 in 1992

No C 233 / 204 Official Journal of the European Communities 30 . 8 . 93

Germany — 92 / 0711, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Greece — 92 / 0718, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Spain — 92 / 0765, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0788, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0842, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Luxembourg — 92 / 0870, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0887, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0894, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

United — 92 / 0938, no measures notified, Art . 169 letter
Kingdom in 1992 terminated in 1992

92 / 0023

Tyres for motor vehicles
Member States which have notified implementing measures :
DK, D, EL, E, F, IRL, I, NL, P, UK .
Belgium — 92 / 0675, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0712, no measures notified, Art . 169 letter

in 1992 terminated in 1992

Greece — 92 / 0717, no measures notified, Art . 169 letter

in 1992           - — terminated in 1993

Spain — 92 / 0766, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

France — 92 / 0789, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Italy — 92 / 0843, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Luxembourg — 92 / 0871, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0888, no measures notified, Art . 169 letter

in 1992 — terminated in 1992

Portugal — 92 / 0893, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

United — 92 / 0939, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

92 / 0026
Classification of medicinal products
Member States which have notified implementing measures :

none .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : all .)

92 / 00 27

Labelling of medicinal products
Member States which have notified implementing measures :

none .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : all .)

92 / 0028
Advertising of medicinal products
Member States which have notified implementing measures : I.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, E, F, IRL, L, NL, P,
UK .)

92 / 0030

Supervision of credit institutions
Member States which have notified implementing measures : B,
DK, E, IRL, I, NL, P.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : D, EL, F, L, UK .)

92 / 0031

Electromagnetic compatibility
Member States which have notified implementing measures :
DK, D, F, I, UK .
Belgium — 92 / 0676, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0713, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

Greece — 92 / 0716, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0767, no measures notified, Art . 169 letter

in 1992

France — 92 / 0790, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Ireland — 92 / 0815, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0844, no measures notified, Art . 169 letter

in 1992 — terminated in 1993

92 / 0024 Luxembourg — 92 / 0872, no measures notified, Art . 169 letter

in 1992
Speed limitation devices

Netherlands — 92 /

Member States which have notified implementing measures : in 1992
DK, EL, E, IRL, I, NL, P.
( Member States which were sent an Art . 169 letter in 1993 for Portugal — 92 / 0892
failure to notify measures : B, D, F, L, UK .) in 1992

Netherlands — 92 / 0889, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0892, no measures notified, Art . 169 letter

in 1992

United — 92 / 0940, no measures notified, Art . 169 letter
Kingdom in 1992 — terminated in 1992

92 / 0025 92 / 0033
Wholsale distribution of medicinal products Vegetable propagating material
none Member . States which have notified implementing measures : Member ( Member States States which which have were notified sent an implementing Art . 169 letter measures in 1993 for : B.
( Member States which were sent an Art . 169 letter in 1993 for failure to notify measures : DK, D, EL, E, F, IRL, I, L, NL P
failure to notify measures : all .) UK .)

30 . 8 . 93 Official Journal of the European Communities No C 233 / 205

92 / 0034 Portugal — 92 / 0891, no measures notified, Art . 169 letter

Fruit-plant propagating material
Member States which have notified implementing measures : B.
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : DK, D, EL, E, F, IRL, I, L, NL, P,
UK .)

in 1992

United — 92 / 0941, no measures notified, Art . 169 letter
Kingdom in 1 992

92 / 0042

Efficiency requirements for hot-water boilers

92 / 0035 Member States which have notified implementing measures :

Control of African horse sickness none .

Member States which have notified implementing measures :

DK .
( Member States which were sent an Art . 169 letter in 1993 for 92 / 0048
failure to notify measures : B, D, EL, E, F, IRL, I, L, NL, P, Hygiene rules applicable to fishery products
UK .) Member States which have notified implementing measures : F,

92 / 0035

( Member States which were sent an Art . 169 letter in 1993 for 92 / 0048
failure to notify measures : B, D, EL, E, F, IRL, I, L, NL, P, Hygiene rules applicable to fishery products
UK .) Member States which have notified implementing measures : F,

NL .

( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, E, IRL, I, L, P, UK .)
92 / 0036

African horse sickness
Member States which have notified implementing measures : E
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, DK, D, EL, F, IRL, I, L, NL, P,
UK .)

92 / 0053

Type-approval of motor vehicles

,,,,,,,,,, Member States which have notified implementing measures :
UK .) DK, E, IRL, I, NL, UK .

( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : B, D, EL, F, L, P. )

92 / 0039

Foodstuffs for human consumption — materials intended to
come into contact 92 / 0060
Member States which have notified implementing measures : Veterinary and zootechnical checks in intra-Community trade
DK, F, L, UK . Member States which have notified implementing measures :
( Member States which were sent an Art . 169 letter in 1993 for DK, D, E.
failure to notify measures : B, D, EL, E, IRL, I, NL, P. )

Foodstuffs for human consumption — materials intended to
come into contact 92 / 0060

Member States which have notified implementing measures :
DK, F, L, UK . Member
( Member States which were sent an Art . 169 letter in 1993 for DK, D,
failure to notify measures : B, D, EL, E, IRL, I, NL, P. )

92 / 0040

Avian influenza
Member States which have notified implementing measures :

none .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : all .)

92 / 0062
Steering equipment for motor vehicles
Member States which have notified implementing measures :

none .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : all .)

92 / 0067

Veterinary checks in intra-Community trade

92 / 0041

92 / 0041 Member States which have notified implementing measures : B,

Labelling of tobacco products DK, L.
Member States which have notified implementing measures :

none .
( Member States which were sent an Art . 169 letter in 1993 for 92 / 0071
failure to notify measures : L. ) Plant health

92 / 0071

Belgium — 92 / 0677, no measures notified, Art . 169 letter

in 1992

Denmark — 92 / 0690, no measures notified, Art . 169 letter

in 1992

Germany — 92 / 0714, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0715, no measures notified, Art . 169 letter

in 1992

Spain — 92 / 0768, no measures notified, Art . 169 letter

in 1992

France — 92 / 0791, no measures notified, Art . 169 letter

in 1992

Ireland — 92 / 0816, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0845, no measures notified, Art . 169 letter

in 1992

Netherlands — 92 / 0890, no measures notified, Art . 169 letter

in 1992

Plant health inspection
Member States which have notified implementing measures : B,
DK, E, IRL, NL, UK .

Belgium — 92 / 0963, no measures notified, Art . 169 letter

in 1992 ( to be terminated in 1993 )
Germany — 92 / 0970, no measures notified, Art . 169 letter

in 1992

Greece — 92 / 0978, no measures notified, Art . 169 letter

in 1992

France — 92 / 0982, no measures notified, Art . 169 letter

in 1992

Italy — 92 / 0987, no measures notified, Art . 169 letter

in 1992

Luxembourg — 92 / 0991, no measures notified, Art . 169 letter

in 1992

Portugal — 92 / 0998, no measures notified, Art . 169 letter

in 1992

United — 92 / 1002, no measures notified, Art . 169 letter
Kingdom in 1992 ( to be terminated in 1993 )

No C 233 / 206 Official Journal of the European Communities 30 . 8 . 93

92 / 0077 92 / 0081
Approximation of VAT rates Excise
Member States which have notified implementing measures : B, Member
DK, D, EL, E, F, I, IRL, L, NL, UK .
( Member States which were sent an Art . 169 letter in 1993 for
failure to notify measures : P. ) 92 / 0082

Excise duty on mineral oils
Member States which have notified implementing measures : all

92 / 0078

Taxes on tobacco

Member States which have notified implementing measures : all

92 / 0079

Taxes on cigarettes

Member States which have notified implementing measures : all

92 / 0080

Taxes on tobacco
Member States which have notified implementing measures : all

92 / 0082

Excise duty on mineral oils
Member States which have notified implementing measures : all

92 / 0083

Excise duty on alcohol
Member States which have notified implementing measures : all

92 / 0084

Excise duty on alcohol
Member States which have notified implementing measures : all

30 . 8 . 93 Official Journal of the European Communities No C 233 / 207

ANNEX V

JUDGMENTS OF THE COURT OF JUSTICE NOT COMPLIED WITH ON 31 DECEMBER 1992

BELGIUM

Judgment given on 19 / 10 / 81, Case C-137 / 80
Judgment given on 03 / 10 / 89, Case C-383 / 85 .

Transfer of pension rights .
National legislation is in order, but a number of specific cases
have still to be settled .
The Commission is discussing them with the Belgian authorities .

Judgment given on 02 / 02 / 82, Case C-68 / 81
Judgment given on 14 / 01 / 88, Case C-227 / 85 .
Waste from the titanium dioxide industry .
Brussels-Capital and Wallonia — transposal ; Flanders —
incomplete transposal .
Outstanding problems should be settled by new legislation
( Vlarem II ) to be published in the Belgisch Staatsblad before the
end of 1992 .

Judgment given on 02 / 02 / 82, Case C-71 / 81
Judgment given on 14 / 01 / 88, Case C-230 / 85 .
Disposal of polychlorinated biphenyls and terphenyls
( PCBs / PCTs ).
Brussels-Capital — transposal ; Flanders and Wallonia — no
measures notified .

The case will be on the agenda for a meeting with the Belgian
authorities in January 1993 .

Judgment given on 02 / 12 / 86, Case C-239 / 85 .
Toxic waste .
National legislation partly in order, but the infringement
continues .

Article 171 proceedings are in motion .

Judgment given on 11 / 05 / 89, Case C-46 / 88 .
Divisions and mergers of public limited companies .
Article 171 proceedings have been commenced .

Judgment given on 05 / 04 / 90, Case C-6 / 89 .

50% reduction in remuneration paid by the Belgian Adminis ­
tration to Belgian teachers seconded to the European Schools .
Salaries of Dutch-speaking teachers have been restored ; back ­
payments are scheduled for 1992 . No payments have been made
or planned for French - and German-speaking teachers .
Article 171 proceedings have been commenced .

Judgment given on 19 / 02 / 91, Case C-375 / 89 .
Aid for Idealspun / Beaulieu .
The Belgian authorities have commenced proceedings in the
national courts to recover the unlawful aid .

The Commission is awaiting the courts ' judgment .

Judgment given on 16 / 05 / 91, Case C-167 / 90 .
Pharmacists — coordination and mutual recognition of qualifi ­
cations .
In reply to the letter giving formal notice of Article 171
proceedings, the Belgian authorities informed the Commission,
by letter dated 8.10.92, that draft legislation transposing the
three directives would shortly be laid before Cabinet .
Article 171 proceedings are in motion .

Judgment given on 11 / 06 / 91, Case C-290 / 89 .
Surface water .

At a meeting held on 4.2.92, the Belgian authorities agreed to

answer the Commission 's letter warning of proceedings .
The Commission has not received an answer . Article 171

proceedings are in motion .

Judgment given on 26 / 02 / 92, Case C-377 / 90 .
Carriage of goods by inland waterway — access to the occu ­

Judgment given on 17 / 06 / 87, Case C - 1 / 86 . pation .
Protection of groundwater against pollution . The Commission has been notified of draft implementing
Brussels-Capital — transposal ; Flanders — some objections measures .
remain ; Wallonia — infringement continues . Legislation pending .
Article 171 proceedings referred to the Court on 4.8.1991 .

Judgment given on 08 / 07 / 87, Case C-247 / 85 .
Wild birds .

Following scrutiny of the answer to the letter giving formal
notice of Article 171 proceedings ( received at the Commission
on 19.3.91 ), substantial objections remain .
Article 171 proceedings are in motion .

Judgment given on 27 / 09 / 88, Case C-42 / 87 .
Discrimination in public financing — non-university higher
education .
The Commission has received an unsatisfactory reply from the
Belgian authorities to its reasoned opinion, dated 06.11.92 .
It has decided to refer the case to the Court .

Judgment given on 24 / 05 / 88, Case C-307 / 86
Judgment given on 10 / 12 / 91, Case C-19 / 91 .
Technical standards for inland waterway vessels .
No implementing measures notified .
The Commission will be in contact with the Belgian authorities .

Judgment given on 09 / 07 / 92, Case C-2 / 90 .
Order banning the disposal of waste from other Member States
in Wallonia .
Recent judgment .

Judgment given on 10 / 11 / 92, Case C-326 / 90 .

Covert discrimination regarding social security benefits .
Recent judgment .

Judgment given on 16 / 12 / 92, Case C-211 / 91 .
Decree of the Flemish Community regarding cable TV distri ­
bution .

Recent judgment .

GERMANY

Judgment given on 14 / 02 / 84, Case C-325 / 82 .
Exemption from turnover taxes and excise duties for imports
(' butter cruises ').
Measures not yet taken to comply with the judgment .

No C 233 / 208 Official Journal of the European Communities 30 . 8 . 93

Judgment given on 12 / 03 / 87, Case C-178 / 84 .
Ban on the sale of beers not brewed exclusively from barley
malt .
The German authorities have not replied to the supplementary
letter giving formal notice of proceedings relating to an
outstanding point of disagreement (§ 2 ( 1 ), Bierverordnung ).
Article 171 proceedings are in motion .

Judgment given on 17 / 09 / 87, Case C-412 / 85 .
Wild birds .
The German authorities have announced legislation to put an
end to the infringement for 1992 .
In the absence of information, Article 171 proceedings are in
motion .

Judgment given on 02 / 02 / 89, Case C-274 / 87 .

Barriers to imports of pâté .

The German authorities have announced that the basic legis ­
lation ( Fleischverordnung ) will be amended when the Directive
on meat-based products is transposed ( end 1992 ).
Transposal awaited .

Judgment given on 28 / 11 / 89, Case C-186 / 88 .
Health controls in intra-Community trade in animals, meat and
meat preparations .
The draft legislation notified by the German authorities is in
order .

Legislation to be passed at the end of 1992 .

Judgment given on 03 / 07 / 90, Case C-288 / 88 .
Wild birds, shooting laws .
Germany has notified measures to comply with the judgment
taken by the federal government and two of the five Lander .
The other three Lander have announced amendments to their
legislation for 1992 .
Article 171 proceedings are in motion .

Judgment given on 20 / 09 / 90 .
Bug-Alutechnik — repayment of a grant .
National recovery proceedings are in motion .

Judgment given on 28 / 02 / 91, Case C-131 / 88 .
Groundwater .
The German authorities have not notified measures to comply
with the Court 's judgment .
Article 171 proceedings are in motion .

Judgment given on 30 / 05 / 91, Case C-361 / 88 .
Sulphur dioxide .
Germany has begun drafting measures to put an end to the
infringement .
Not yet notified .

Judgment given on 30 / 05 / 91, Case C-59 / 89 .
Lead in the air .

The German authorities have notified the Commission of

preliminary draft Regulations .
Final measures not yet notified .

Judgment given on 17 / 10 / 91, Case C-58 / 89 .
Surface water, not properly implemented .
The German authorities have not notified the measures taken to

comply with the Court 's judgment .
Article 171 proceedings have been commenced .

Judgment given on 08 / 04 / 92, Case C-62 / 90 .

- Medicines imported by individuals for personal use .

The German authorities have notified the Commission of draft

legislation .
Legislation not yet passed .

Judgment given on 27 / 10 / 92, Case C-74 / 91 .
Taxation of travel agencies .
Recent judgment .

Judgment given on 24 / 11 / 92, Case C-237 / 90 .
Drinking water .
Recent judgment .

GREECE

Judgment given on 12 / 03 / 87, Case C-176 / 84 .
Rules permitting the sale only of beers brewed from malt .
The Greek authorities have not yet adopted the draft Minis ­
terial Order .

In the course of the Article 171 proceedings, the Commission
has asked for additional information on the rules currently
applied in Greece .

Judgment given on 15 / 03 / 88, Case C - 147 / 86
Judgment given on 30 / 01 / 92, Case C-328 / 90 .
Ban on opening a private school ( Frontistirion ) ; nationality
discrimination .

No new developments .

Judgment given on 08 / 11 / 90, Case C-53 / 88 .
Protection of workers in the event of the employer 's insolvency .
The situation remains contentious despite corrections made by
Law No 1836 notified by the Greek authorities .
Article 171 proceedings have been commenced .

Judgment given on 26 / 02 / 91, Case C-198 / 89 .

Restrictions on freedom to provide services — tourist guides .
The Greek authorities have announced a Presidential Decree,
but it has not been notified to the Commission .

Article 171 proceedings are in motion .

Judgment given on 18 / 04 / 91, Case C-230 / 89 .
VAT on imported spirits at a higher rate than on home ­
produced products .
The Decree abolishing the 36% VAT rate is now in force, but
remains to be upgraded into a Law .
Case being settled .

Judgment given on 07 / 11 / 91, Case C-309 / 90 .
Architects .

Draft legislation covering the three directives is in preparation .
A warning letter has been sent .

Judgment given on 07 / 04 / 92, Case C-45 / 91 .
Village waste in Crete .
A warning letter has been sent .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 209

Judgment given on 12 / 05 / 92, Case C-327 / 90 .
Taxation of imported cars .
The Greek authorities have not replied to the warning letter .
Article 171 proceedings have been commenced .

Judgment given on 14 / 10 / 92, Case C-65 / 91 .
' Delta List '. Matches from Bulgaria and Sweden .
Recent judgment .

Judgment given on 17 / 11 / 92, Case C-105 / 91 .
Tax discrimination regarding imported cars .
Recent judgment .

SPAIN

Judgment given on 25 / 10 / 88, Case C-3 12 / 86 .

Equal treatment, access to employment .
On 10.6.1992 the French authorities reported on the results of
the renegotiation of discriminatory clauses in collective
agreements . Only a part of the clauses found to be discrimi ­
natory have been changed .
Commission scrutiny continues .

Judgment given on 29 / 11 / 90, Case C - 182 / 89 .

Regulation on international trade in endangered species of wild
fauna and flora .
The French authorities have not answered the letter asking for
information on the measures taken to comply with the judgment
of the Court of Justice .
Article 171 proceedings have been commenced .

Judgment given on 12 / 12 / 90, Case C-263 / 88 .
Refusal to allow freedom of establishment and freedom to
provide services in overseas territories .

Judgment given on 25 / 07 / 91, Case C-258 / 89 . Legislation has been laid before the Territorial Assembly of
Fisheries — failure to comply with obligation to register catches French Polynesia ; it is expected to pass .
( ICES divisions ). Article 171 proceedings have been commenced .
The Member State has not notified the measures taken to
comply with the Court 's judgment .
Article 171 proceedings have been commenced . Judgment given on 26 / 02 / 91, Case C -l 54 / 89 .

Judgment given on 10 / 12 / 91, Case C-192 / 90 .
Failure to notify programmes for the application of the
Directive on containers of liquids for human consumption .
The Spanish authorities have stated their intention of preparing
new legislation, without indicating a time-frame .
Article 171 proceedings have been commenced .

Judgment given on 09 / 06 / 92, Case C-96 / 91 .
Need to present a special invoice to obtain tax relief .
Recent judgment .

Restrictions on freedom to provide services — tourist guides .
The French authorities have notified the Commission of draft
legislation, which does not satisfy the Commission .
Article 171 proceedings have been commenced .

Judgment given on 11 / 06 / 91, Case C-64 / 88 .
Fisheries : inadequate enforcement of technical conservation

measures .
On the entry into force on 1.6.92 of new Community technical
measures for the conservation of fish resources, the French
authorities have established a new, stronger system of fisheries
surveillance and monitoring .
The Commission will report on fisheries monitoring generally .

FRANCE
IRELAND

Judgment given on 21 / 06 / 83, Case C-90 / 82
Judgment given on 13 / 07 / 88, Case C-169 / 87 .
Retail prices of manufactured tobacco .
The judgment given by the French Conseil d'fitat on 28.2.92 in
the Rothman EA Cases ( Nos 56776, 56777 and 87753 ) held that
French legislation was not compatible with Community law .
A solution is in sight .

Judgment given on 03 / 06 / 86, Case C-307 / 84 .
Discrimination against foreign nurses seeking employment in
public hospitals .
Decrees of the Conseil d'Etat are in preparation .
Article 171 proceedings are in motion . Contacts between the
Commission and the French authorities were established in June

1992 .

Judgment given on 27 / 04 / 88, Case C-252 / 85 .
Wild birds .

Objections have not been satisfied and the letter of formal
notice sent to the French authorities on 24.02.92 has not been

answered .

Article 171 proceedings are in motion .

Judgment given on 04 / 10 / 91, Case C-93 / 89 .
Incompatibility of Fisheries Amendment Act 1983 with
Community law .
The Irish authorities announced amending legislation in April

1992 .

The Commission has received no information on actual
measures . Article 171 proceedings have been commenced .

Judgment given on 17 / 11 / 92, Case C-235 / 91 .
Restrictions on imports of sperm of bovine and porcine animals
for artificial insemination .

Recent judgment .

Judgment given on 17 / 11 / 92, Case C-236 / 91 .
Pure-bred breeding cattle .
Recent judgment .

Judgment given on 02 / 12 / 92, Case C-280 / 90 .
Ban on fishing by British vessels in Irish waters and related

measures .
Recent judgment .

No C 233 / 210 Official Journal of the European Communities 30 . 8 . 93

ITALY Judgment given on 26 / 02 / 91, Case C - 180 / 89 .

Restrictions on freedom to provide services — tourist guides .
The Italian authorities have not notified practical measures to
Judgment Judgment given given on on 15 12 // 02 11 // 8387,, Case Case C-322 C-69 // 8682 . Article comply 171 fully proceedings with the judgment have been of commenced the Court of . Justice .
Quality standards — fruit and vegetables .
Legislation is in progress and likely to pass before the end of

1992 . Judgment given on 07 / 05 / 91, Case C-246 / 88 .

Legislation awaited . Health protection — ionizing radiation .

No implementing measures have been notified .
Article 171 proceedings are in motion ; the Commission has

Judgment given on 08 / 07 / 87, Case C-262 / 85 . decided to issue a reasoned opinion .

Legislation awaited .

Judgment given on 08 / 07 / 87, Case C-262 / 85 .
Wild birds .
The Italian authorities have notified new legislation on the
protection of wild birds and shooting .
Legislation under scrutiny .

Judgment given on 24 / 11 / 87, Case C - 125 / 86
Judgment given on 14 / 10 / 92, Case C-262 / 91 .
Tax-free allowances on the definitive importation of personal
effects .

The second judgment was given only recently .

Judgment given on 07 / 05 / 91, Case C-45 / 89 .

Combined road / rail carriage of goods .
In March 1992 the Italian authorities confirmed their intention
of taking the requisite measures .
They were sent a reminder by fax ; it was unanswered . Article

171 proceedings have been commenced .

Judgment given on 16 / 05 / 91, Case C-263 / 85 .
Contributions to regions purchasing home-produced buses and

Judgment given on 12 / 07 / 88, Case C-322 / 86 . trams regional preferences .
Quality of fishing water . The Italian authorities have announced their intention of
The Italian authorities have notified a Decree-Law to implement repealing the legislation providing for regional preferences . The
the Directive, but it simply empowers the regions to make desig ­ Prime Minister had planned to issue a circular interpreting the
nations . legislation pending its amendment, but it has not yet been
Article 171 proceedings are in motion . issued .

Article 171 proceedings are in motion . A reasoned opinion was
sent to the Italian authorities in October .
Judgment given on 21 / 02 / 89, Case C-203 / 87
Judgment given on 19 / 01 / 93, Case C-101 / 91 .

Renewal of VAT exemptions for earthquake repair works .
The second judgment was given only recently .

Judgment given on 05 / 12 / 89, Case C-3 / 88 .
Public supply contracts for data-processing systems reserved for
publicly-owned Italian companies .
New judgment of the Court of Justice awaited ( Case
C-309 / 91 ).

Judgment given on 14 / 06 / 90, Case C-48 / 89 .
Failure to supply reports on the application of the waste disposal
Directive .

No reply to the letter giving formal notice of Article 171
proceedings .
Article 171 proceedings are in motion .

Judgment given on 12 / 07 / 90, Case C-28 / 89 .
Controls on grapefruit imports and reduction in the number of
border crossing points .
Article 171 proceedings are in motion .

Judgment given on 27 / 11 / 90, Case C-209 / 88 .
Failure to supply information required by fishery products regu ­
lations .
The Italian authorities have not replied to the letter giving
formal notice of Article 171 proceedings .
Article 171 proceedings are in motion .

Judgment given on 17 / 01 / 91, Case C-157 / 89 .
Protection of wild birds, shooting season .
The Italian authorities have notified new legislation .
It is being scrutinized .

Judgment given on 25 / 07 / 91, Case C-32 / 90 .
Labelling of extruded pasta products .
The Italian authorities have informed the Commission that the

necessary measures will be in the 1992 Community Law .
The Commission is in contact .

Judgment given on 25 / 07 / 91, Case C-58 / 90 .
Failure to recognize qualifications of physiotherapists and oste ­
opaths . Nationality discrimination .
Following formal notice of Article 171 proceedings, draft legis ­
lation is being discussed with the Italian authorities .

Judgment given on 13 / 12 / 91, Case C-33 / 90 .
Waste in Campania .
Italy has not answered the Commission 's letter asking for notifi ­
cation of the measures taken or planned .
The Commission is in contact with the Italian authorities .

Judgment given on 13 / 12 / 91, Case C-69 / 90 .
Physical checks on goods .
Italy has announced that the Directive will be transposed by the

1992 Community Law .
Legislation and implementing measures awaited .

Judgment given on 18 / 02 / 92, Case C-235 / 89 .
Import licences for new plant varieties, and patents .
The Italian authorities have not replied to the Commission letter
requesting notification of measures to comply with the Court 's
judgment .
Article 171 proceedings have been commenced .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 211

Judgment given on 03 / 06 / 92, Case C-287 / 91 .
Refund of interest on amounts refunded by the Italian VAT
authorities .
The Italian authorities have not replied to the Commission letter
requesting notification of measures to comply with the Court 's
judgment .
Article 171 proceedings have been commenced .

Judgment given on 08 / 07 / 92, Case C-270 / 91 .
Inspection of fresh pigmeat for trichinae ; serological examin ­
ations for brucellosis .

The Italian authorities have not replied to the Commission letter
requesting notification of measures to comply with the Court 's
judgment .
Article 171 proceedings have been commenced .

LUXEMBOURG

Judgment given on 25 / 07 / 91, Case C-252 / 89 .
Containers of liquids for human consumption .
The Luxembourg authorities have not notified their programme
to reduce tonnages or volumes . They have not notified the
legislation but have undertaken to do so .
The case will fail to be considered in the context of the

Commission 's new proposal for a Council Directive on pack ­
agings .

Judgment given on 16 / 06 / 92, Case C-351 / 90 .
Refusal to allow dentists to have two surgeries .
The Luxembourg authorities have stated that measures will be
taken as part of the current general review of the legislation
governing the professions of doctor, dentist and veterinary

surgeon .
Article 171 proceedings have been commenced .

NETHERLANDS

Judgment given on 17 / 09 / 87, Case C-291 / 84 .
Protection of groundwater .
National implementing measures have not been notified .
Article 171 proceedings are in motion .

Judgment given on 13 / 10 / 87, Case C-236 / 85
Judgment given on 06 / 02 / 92, Case C-75 / 91 .
Wild birds .

A reminder has been sent . The Commission will be contacting
the Dutch authorities .

Judgment given on 15 / 03 / 90, Case C-339 / 87 .
Wild birds .

The Dutch authorities have announced measures to comply with
the judgment in 1992 .
The Commission has not been notified of drafts ; Article 171
proceedings are in motion .

Judgment given on 20 / 05 / 92, Case C-190 / 90 .
Major accident hazards .
Measures have been announced .

Judgment given on 17 / 11 / 92, Case C-157 / 91 .
Approval of accounts audits .
Recent judgment .

UNITED KINGDOM

Judgment given on 08 / 11 / 83, Case C-165 / 82 .
Equal opportunities - access to employment .

A Bill is before Parliament .

Legislation awaited .

Judgment given on 09 / 07 / 91, Case C-146 / 89 .
Extension of territorial waters .
The Commission has received no information regarding legis ­
lation to put an end to the infringement .
Article 171 proceedings have been commenced .

Judgment given on 04 / 10 / 91, Case C-246 / 89 .
Merchant Shipping Act .
The British authorities announced amending legislation in
January 1992 . The Commission has received no information

since then on measures taken to end the infringement .
Article 171 procedings have been commenced .

Judgment given on 18 / 02 / 92, Case C-30 / 90 .
Patent licences .

Legislation to bring existing legislation into line with the law as
stated by the Court of Justice is in preparation .
Legislation awaited .

Judgment given on 17 / 11 / 92, Case C-279 / 89 .
Fishing vessels — restrictions on free movement of persons and
exports of goods .
Recent judgment .

Judgment given on 25 / 11 / 92, Case C-337 / 89 .
Quality of drinking water .
Recent judgment .

No C 233 / 212 Official Journal of the European Communities 30 . 8 . 93

ANNEX VI

APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS

6.1 Application of Article 177 of the EEC Treaty Origin of cases referred, by national courts of final instance

Belgium Cour de Cassation 3

In 1992 the Court of Justice received 162 requests from national Hof van Cassatie
courts for preliminary rulings in cases where difficulties arose in Conseil d'Etat 1
the interpretation of Community law or there were doubts as to Raad van State
the validity of a Community instrument .

Germany Bundesgerichtshof 5

Bundesverwaltungsgericht 3
Bundesfinanzhof 8
Over the last few years the number of cases referred to the Bundessozialgericht 2
Court for preliminary rulings has remained relatively stable — Tribunal de Justicia 4

Belgium

Conseil d'Etat 1

Raad van State

Germany

162 in 1992, 186 in 1991 and 142 in 1990 .

For the fourth consecutive year, cases were referred by courts in
almost all the Member States, Ireland being the exception .
Admittedly there are disparities between the various countries,
the extremes being Germany, which asked for rulings on
62 cases, and Greece, Portugal and Luxembourg, which sought
only one each ; but the figures show quite clearly that there is no
longer a single Member State that is against the procedure on
principle .

The three tables below show the number of references from

each Member State, the number of cases referred by each court
of final instance and the areas of Community law concerned . It
should be pointed out that as and when these cases are recorded
by the Court of Justice Registry, they are published in full in the

Official Journal of the European Communities .

6.1.1 . Number of cases per Member State

Spain

6.1.2 . Areas of Community law concerned

1990 1991 1992

Accession 2

Agriculture 37 43 29

Approximation of laws — 1 1

Brussels Convention 3 4 8

Commercial policy 9 1 2

Community staff regulations 1 1 —

Company law 2 4 2

Competition 8 16 17

Environment and consumer policy 1 1 6

External relations 2 3 2

Free movement of capital — 1 —

Free movement of goods 26 27 20

Free movement of persons 25 30 31

Institutional questions — 1 —

Prices — — 1

Principles of the Treaty — — 2

Privileges and immunities — 1 1

Social policy 11 28 15

State aid 1 — 1

Steel industry — — 2

Taxation 12 17 14

Transport 3 5 8

Total 141 186 162

France

Italy

Netherlands

United Kingdom

Tribunal Supremo de Justicia 4

Cour de Cassation 2

Corte Suprema di Cassazione 2
Consiglio di Stato 3

Hoge Raad 2
Raad van State 3

College van Beroep 4

House of Lords 2

Total
Member State
references (')

References by
courts of final

instance (')

Belgium 16 ( 19 ) 4 ( 1 )

Denmark 3 ( 2 ) - (-)

Germany 62 ( 52 ) 18 ( 17 )

Greece 1 ( 3 ) - (-)

Spain 5 ( 5 ) 5 (-)

France 15 ( 29 ) 2 ( 3 )

Ireland - ( 2 ) - (-)

Italy 22 ( 36 ) 5 ( 16 )

Luxembourg 1 ( 2 ) - ( i )

Netherlands 18 ( 17 ) 9 ( 7 )

Portugal 1 ( 3 ) - ( 2 )
United Kingdom 15 ( 4 ) 2 ( 3 )

(') 1991 figures in brackets .

30 . 8 . 93 Official Journal of the European Communities No C 233 / 213

 - 6.2 . Review of significant judgments of national courts of final

of significant judgments of national courts of final College van Beroep voor het Bedrijfsleven held that since the

instance milk had been produced in a Member State, the levy was
payable by the buyer, even if the latter 's premises were outside
the Netherlands, and that there was no need to ask the Court of

Introduction Justice for a preliminary ruling on the interpretation of

Article 30 of the Treaty since that Article was not applicable to

6.2.1 . Introduction

arrangements forming part of the market organization for milk .

In an appendix to the ninth annual report, the Commission
published a study on the attitude of national superior courts to
Community law, in particular their approach to the principle of
the primacy of Community law over national law, the direct
effect of many Community rules and the obligations arising
from Article 177 of the EEC Treaty .

6.2.4 . Question 2

Research revealed no cases of this type .

6.2.5 . Question 3
Analysis of the judgments referred to below shows that national
superior courts are paying more and more attention to
Community law .

. Legal writers have been critical of the judgment given on

6 June 1991 by the Netherlands ' Centrale Raad van Beroep
( AAW 1990 / 169 ), upholding the Groningen Raad van Beroep 's

As in the previous year, the Commission has had access to data decision of 10 April 1990 in response to the Court of Justice 's
gathered by the research and documentation department of the preliminary ruling of 13 December 1989 in Case C - 102 / 8 8
Court of Justice . It was thus able to identify decisions which Ruzius-Wilbrink . The Court had held that, unless justified by
were of significance for the application of Community law, objective factors, national legislation which guaranteed a
although it should be pointed out that it is not possible, by minimum subsistence income to insured persons suffering from
consulting data bases, to identify cases where national courts an incapacity for work but made an exception to the detriment
ought to have applied Community rules but where the judgment of part-time workers constituted indirect discrimination if it
contains no reference to them . Moreover, the Commission affected a much larger number of women than of men . The
cannot undertake a systematic analysis of the thousands of Centrale Raad van Beroep, for its part, held that the national
judgments delivered each year by the national superior courts . legislation was objectively justified in that, being designed to
Each year some 1 200 judgments relating to Community law guarantee against loss of income, the legislation concerned
come to the attention of the Court 's research and documen ­ should logically make a direct link between the level of income
tation department . previously earned and the allowance which took its place . By

guaranteeing a minimum subsistence income to certain
categories of persons, the legislation pursued a secondary aim
6 . 2.2 . The research which did not have to be taken into consideration in an
assessment of the scheme 's compatibility with European law .

As in the previous year, the Commission has had access to data
gathered by the research and documentation department of the
Court of Justice . It was thus able to identify decisions which
were of significance for the application of Community law,
although it should be pointed out that it is not possible, by
consulting data bases, to identify cases where national courts
ought to have applied Community rules but where the judgment
contains no reference to them . Moreover, the Commission
cannot undertake a systematic analysis of the thousands of
judgments delivered each year by the national superior courts .
Each year some 1 200 judgments relating to Community law
come to the attention of the Court 's research and documen ­
tation department .

Research was carried out on the following questions :

1 . Were there cases where decisions against which there was no

appeal were taken without a reference for a preliminary
ruling ?

2 . Were there any cases where courts, contrary to the ruling in

Case 314 / 85 Fotofrost, declared an act of a Community
institution to be invalid ?

3 . Were there any decisions that were noteworthy as setting

good or bad examples ?

Decisions given late in 1991 and in the course of 1992 were
reviewed .

6.2.3 . Question 1

Noteworthy in this connection was the judgment given on
20 June 1991 by the College van Beroep voor het Bedrijfsleven
in a case relating to the so-called ' black market in milk ': a buyer
in a country where the milk levy is payable by the producer
imports milk from a country where the levy is payable by the
buyer . Taking a teleological view of the Community rules, the

Other noteworthy judgments included the following :

— The rulings given on 28 February 1992 by the Haute
Assemble of the French Conseil d'Etat in S.A. Rothmans
International France v S.A. Philip Morris France and
Arizona Tobacco Products v S.A. Philip Morris France .

In S.A. Rothmans International France the Conseil d'Etat
upheld its 1989 ruling whereby it clearly acknowledged the
need to verify the compatibility of national law with the
Treaties establishing the Communities ( Nicolo ) and with
Community regulations ( Boisdet ). The Haute Assemble
extended its vetting to cover cases where the law was at
odds with the provisions of a Community directive ; relying
on Member earlier States rulings, the given Conseil by d the ' Etat Court held of that Justice the legislative against
provisions in question were incompatible with the aims of
the Directive and that, consequently, there was no legal
basis for subordinate legislation adopted pursuant to them
( such measures can only be annulled by the administrative
courts ).

In Arizona Tobacco Products, the Conseil d'Etat followed
the same reasoning, concluding that the State was liable for
the illegality of the measures in question and ordering the
State to pay to the plaintiff a sum covering the damage
actually sustained . As a result of this ruling, the general rules
on administrative liability now apply to infringements of

No C 233 / 214 Official Journal of the European Communities 30 . 8 . 93

Community law, whereas such cases had formerly been
subject to the uncertainties surrounding the recognition of
strict liability .

— The ruling of 23 March 1992 by a division of the French

Conseil d'Etat in Klockner France, to the effect that
national courts must recognize the primacy of the judgments
given by the Court of Justice against Member States ( for
failure to meet their obligations under the Treaty ) and that
the legislation concerned was inapplicable in this case .

— The judgment given by Germany 's Bundesverfassungsgericht

on 28 January 1992 in a case relating to night work ( cf .
Case C-345 / 89 Stoeckel ). The Bundesverfassungsgericht
clearly reaffirmed the primacy of Community law, including
secondary legislation .

— Judgment No 364 of 14 January 1992 by the combined

chambers of the Italian Corte di cassazione, which held that
Community rules do not call into question the power of
Member States to intervene in economic matters but merely
set limits thereto in order to safeguard the freedom to do
business and the free movement of goods .

— The decision of 5 November 1991 by the Italian Corte dei

conti, which stressed the importance of the rulings given by
the Court of Justice and held that a Ministerial Decree
approving a public contract incompatible with the
Community rules as interpreted by the Court was unlawful
( cf . CaseC-21 / 88 Du Pont de Nemours concerning public
contracts a percentage of which were reserved for firms
established in certain less-favoured regions of the country ).
This decision by the Corte dei conti represents a significant
step towards ensuring that Italian administrative measures
comply with Community law, particularly since the Corte
has to verify the legality of any administrative measure

before it is implemented ; by withholding its approval the
Corte can prevent administrative measures which are legal
under Italian law but illegal under Community law from
having any legal effects . In practice this obliges the auth ­
orities concerned to rescind the measure from which
approval has been withheld .

— Judgments Nos 71 / 1992 ( 28 May 1992 ) and 117 / 1992
( 16 September 1992 ) by Spain 's Tribunal Constitucional .
While not concerned with the application of Community

law, these rulings are particularly important in that they
recognize the competence of Spain 's Autonomous
Communities to implement Community law in those areas
where powers are conferred on them by Spanish law .

Lastly, mention should be made of the ruling given by the
House of Lords on 25 June 1992 in Kirklees Borough Council v
Wickes Building Supplies Ltd . The plaintiff, a municipal
authority, had applied for an injunction prohibiting the
defendant from opening its shops on Sundays and for an inter ­
locutory injunction to the same effect pending a final decision .
Wickes had pleaded Article 30 of the EEC Treaty in its defence
and was willing to refrain from opposing an interlocutory
injunction provided the plaintiff undertook to pay compensation
for losses incurred should it lose the case . The Lords considered

themselves bound by the Court of Justice 's ruling in Joined
Cases C-6 / 90 and C-9 / 90 Francovich and held that a party
could obtain damages from the State for losses sustained as a
result of the State 's infringement of Community rules . In this
particular case, the House of Lords therefore ruled that the
plaintiff was not obliged to give an undertaking to pay compen ­
sation since such an undertaking was superfluous . On the other
hand, the House of Lords held that the obligation to pay
compensation lay with the national authority responsible under
Community law, i.e., with the State rather than a local
authority .