Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

```
                            C0MC90) 288 final

                            Brussels, 22 May.1990

              SEVENTH ANNUAL REPORT

             TO THE EUROPEAN PARLIAMENT

              ON COMMISSION MONITORING

          OF THE APPLICATION OF COMMUNITY LAW

                   1989

            (presented by the Commission)

```

**ccwnarrs**

**H.** **SB^-K-SBCTOR AKflKHS**

**A.** **AN** **Alw^** **WIVII"** **[ Mri]** **"** **1nf**** **[fI]** **"** **[IKH]** ****** **l**

**1.** **THE** **SINGLE MARKET** **1**

**a.** **Rpmny?y** **of** **ptayslOftl harriers** **3**

**1.** **Customs union** **3**

**U . Free movement** **of** **goods** **4**

**- Article** **30 of the** **Treaty** **4**

**- Article** **95 of the** **Treaty** **5**

**- Removal** **of** **veterinary** **and**

**plant health controls** **6**
**b.** **TtanfTYftl** **of** **tnar bmnrlfyre** **6**

**1.** **Free movement** **of** **goods** **8**

```
              The principle of freedom

        of movement 8

       . Article 30 of the Treaty 8

       . Mutual recognition of

        national rules 13

       - Technical regulations 14

       . Miscellaneous products 14

       . Motor vehicles/agricultural

        tractors/motor cycles 15

       . Foodstuffs 16

       . Pharmaceutical products 16

       . Chemical products 16

       . Energy-generating products 16

      ii. Qpening-up of public procurement 17

     111. Services 19

                Financial, services 19

        - Transport 20

                New technologies and services 20

```

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                 -2
                           Eaga

     iv. Capital movements 20

      v. Rules applying to businesses 21

        - Company law 21

        - Intellectual property 22
        - Product liability 22

  2. A PEOPLE'S E0R3PE 23

    a. Free movement of persons 23

      1. Entry and residence 23
     ii. The right to cross borders freely 23
     iii. Taxation and the citizen 24
     iv. Other questions: driving licences. 25

    b. Right of ef?tabllfihmerit And
```

reoogpltion of yrvfllflofttlore 26

**i . Ban on** **disorimination** **26**
**i i .** **i^ft** **professions** **28**

**O.** **Employment «nri** _**anrtri**_ **pnHoy** **28**
**d.** _**Crcnaimtrr**_ **protection** **30**

**B.** **OTHER** **«TESTIONS** **32**

**1.** **Statistics** **32**
**2.** **Community staff** **32**
**3.** **Budget** **33**
```
   4. Environment 34
   5. Competition 36
   6. Agriculture 37
   7. Fisheries 39
   8. Transport 41
   9. Energy 43
   10. External relations 43
   11. Development cooperation 44

```

**-3-**

**TTT** **TABTJgî** **nffAPTS ANT) ETTMKAttTKS**

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                          Page

No 1 Infringement proceedings initiated since 1982,
    classified by stage of proceedings and
    Member State 45

No 2 Number of letters of formal notice, 1985 to

    1989, classified by sector 46

No 3 Number of reasoned opinions, 1985 to 1989,
    classified by sector 47

No 4 Number of references to the Court of Justice,

    1985 to 1989, classified by sector 48

No 5 Infringement proceedings initiated since 1981,
    classified by stage of proceedings and sector 49

No 6 Infringement proceedings initiated since 1981,
    classified by sector and legal basis 50

No 7 Number of infringement proceedings initiated since
     1982, classified by legal basis and stage of
    proceedings 51

No 8 Number of infringement proceedings initiated since
     1986, classified by Member State, legal basis and
     stage of proceedings 52

No 9 References to Court and judgments since 1982 53

No 10 Court of Justice judgments delivered up to
     31 December 1989, not complied with 57

No 11 Review of significant judgments of national

     courts of final instance 72

No 12 Statistics on compl a,i nts and infringements
     detected by the Commission's own inquiries 81

IV. ANNEXES

A. Infringements of the Treaties and of Regulations 85
B. Infringement of directives 108

```

                   - I                   
**i.** _**isMsssnsxL**_

```
1. The seventh annual report on the application of Community law by the
Member States deals with the monitoring of the application of Comraunity law
during 1989. T.-tTra its predecessors [1] it represents a response to the
desire expressed by the European Parliament in its resolution of

9 February 1983. [2 ]

2. The report comprises:

- a summary of infringements of the Treaties and of regulations at

  31 December 1989 and of the infringement proceedings terminated during
  1989 (Annex A) ; and
- a review showing the stage reached in the application of directives at
  31 December 1989 and the situation concerning infringements of
  directives (Annex B).
These are preceded by a sector-by-sector analysis, various tables and
graphs and a commentary on the main judgments delivered by the highest
courts of law in the Member States.

  First annual report C0M(84)181 final, 20.4.1984.
  Second annual report G0M(85)149 final, 23.4.1985.
  Third annual report COM(86)204 final, 3.6.1986, published inOJC 220,
  1.9.1986.
```

Fourth annual report C0M(87)250 final, 24.8.1987, published i n OJ C 338,

16.12.1987.
```
  Fifth annual report 001(88)425 final, 13.9.1988, published in OJ C 310,
  5.12.1988.
  Sixth annual report 00M(89)411 final, 22.12.1989, published in OJ C 330,
  30.12.1989.
  OJ C 68, 14.3.1983.

```

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                  - II 
3. The presentation of the report is similar to that of last year. In the

sector-by-sector analysis, the chapter on the single market has been

drafted in such a way as to follow the structure of the Commission's White

Paper on the internal market.

4. The summaries and tables in this seventh report call for the following

comments:

(a) As regards the means of detecting infringements

 i. The number of complaints registered continues to grow (1137 in 1988

   and 1195 in 1989), showing that citizens are taking on an increasingly

   active role in the effective creation of a Community based on law. To

   satisfy this growing interest, the Commission makes every effort to

   give a decision as quickly as possible (see Table 12).

 ii. As regards cases detected by the Commission's own inquiries, the

   increase recorded in 1988 (307) continued in 1989 (352). Many of

   these cases originate from parliamentary questions or petitions. Here

   too, the Commission tries to ensure that cases are dealt with as

   rapidly as possible (see Table 12).

(b) The number of letters of formal notice increased sharply in comparison

with the previous year (664 as against 569 in 1988). The internal market,

agriculture and the environment are the main areas in which infringement

procedures have been commenced. In comparison with 1988 there was a sharp

increase in relation to the internal market which reflects a tightening up

```

```
                  -Ill 
of the Commission's monitoring activities, in particular as regards

Articles 30 and 36 of the EEC Treaty and the implementation of directives

(see Tables 1 and 5, Chart 2).

(c) The number of reasoned opinions fell in 1989 (180 compared with 227 in

1988), partly no doubt because some cases were terminated following

régularisation of infringements by Member States after letters of formal

notice had been sent. The sector most affected by this decrease is the

environment (see Tables 1 and 5, Chart 3).

(d) The number of actions brought before the Court of Justice, broken down

by Member State, was about the same as the year before. Only in the case

of Italy was there a large increase (see Tables 1 and 5, Chart 4).

(e) The number of Court judgments which have not yet been complied with

remained at much the same level as the previous year (82 compared with 86

in 1988) (see Summary 10). A total of 26 new procedures based on Article

171 of the EEC Treaty were initiated in 1989. This situation gives cause

for concern as it undermines the fundamental principles of a Community

based on law. In some cases - where the instruments or programmes making

Community funding available make provision for payment to be suspended if a

Member State is in breach of Community law - the Commission is in a postion

to exert financial pressure to secure enforcement. But in view of the

limited legal means available for strengthening the authority of the

Court's judgments, the Commission is trying to make political leaders more

aware of the seriousness of the situation. It hopes to be able to count on

more action by Parliament to stimulate interest in national parliaments and

national political circles.

```

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                  - IV 
5. More generally, the Commission's action in 1989 was characterized by the

following features:

  (a) First of all, greater transparency has been aimed at. While

  observing the duty of discretion on matters subject to its own

  administrative proceedings, the Commission tried to improve the flow of

  information in important cases of infringements and regularization of

  infringements (for example: 27 press releases were issued in 1989; all

  national measures implementing directives are now accessible to the

  public on the Celex database and, for matters concerning the internal

  market, on the INFO 92 base). Also, the Commission has made every

  effort to reply to parliamentary questions and petitions with as much

  precision as possible.

  (b) Second, efforts have been made to increase the awareness of national

  political leaders. This has mainly been done by means of the periodic

  progress reports on the completion of the single market. These reports

  are being extended to cover other areas, in particular the incorporation

  of directives into national law. It is too early to judge if these

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                 - V 
measures will bear fruit, but they are bound to make those concerned

more aware of the situation.

(c) In parallel with this, contacts between Commission departments and

national authorities concerning the implementation of Community law have

been stepped up. This takes the form of horizontal meetings

(for example, to review progress in the application of all directives),

sectoral or "package" meetings, informal contacts, exchanges of

officials, etc. Some of the results of these contacts are already in

evidence - as regards the incorporation of directives into national law

by the newer Member States, for instance; more should emerge in the

years ahead.

(d) The importance of giving effect to the directives has been stressed.

Clearly, priority objectives such as completing the internal market and

protecting the environment cannot be achieved unless the directives are

actually implemented. On average, Member States have introduced the

measures required to give effect to about 87% of directives by the

appointed time. The Commission is concentrating its efforts on

improving this situation by stepping up contacts with national

administrations and by using the procedure set out in Article 169 of the

EEC Treaty. It plans to introduce more systematic monitoring of the

incorporation of directives into national law by the immediate

initiation of infringement procedures as soon as deadlines are reached.

Finally, the Commission would make the point that it expects good

```

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                 - VI 
results from the entry into force of the Italian Act No 86 of

9 March 1988 (the La Pergola Act). The "annual Community laws" for

which it makes provision should enable the backlog of directives to be

cleared and all applicable Community legislation to be implemented

rapidly using the most appropriate legal instruments.

```

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                     -1
II. SECTOR-BY-SECTOR ANALYSIS

A. AN AREA WITBrXfT FRQfTIERS

1. THE SINGLE MARKET

6. The speeding-up of the decision-making process for giving effeot to the
White Paper on completing the internal market [1] has meant that the
Ctoramunity instruments adopted in this connection have been coming into
force faster: of the 151 measures definitively adopted, 103 came into force
in 1989 and 84 of these require national incorporating or implementing

measures.

7. While hitherto the Commission in its political statements had been
stressing the need to make the new decision-making mechanism set up by the
Single Act fully credible, it is now endeavouring to make the Member States
aware of the need to give effect, within the time limits set, to the
directives, decisions and regulations adopted to establish the single
market. Any accumulation of delays in applying Community law will
inevitably compromise the irreversibility of the process that the
speeding-up of decision-making has set in motion and in particular must
affect the political support of all the Member States and economic
operators if any serious imbalances appear in the honouring of pledges
given.

8. This prompted the Commission, with a view to initiating a debate at
political level on the application of the instruments for establishing the
single market, to present a communication on 7 September 1989 [2], analysing
the situation and proposing a number of concrete measures, some of which
have already been given effect:

    Estahllshroent of a oentml 1 zed system in each Member State for
    monitoring implementation. It would appear that most Member States
    now have an administrative structure to monitor implementation. A
    permanent dialogue is now possible between the Commission and the
    Member States which goes beyond the largely technical dialogue
    which existed previously.

    Complete transparency of national incorporation measures. It was
    clearly important, in order to put pressure on the laggard Member
     States and in particular to keep the business world properly
     informed, that national incorporation measures should be entirely
     transparent. In the past the Commission answered requests for
    information on a purely case-by-case basis. The Celex database,
    which is accessible to the general public, now has a sector
     containing information on the measures for incorporating directives
     into national law.In addition, a new database has been established,

1 0CM(85) 310, 14.6.1985.

2 C0M(89) 422.

```

```
                  - 2     INFO 92: it is accessible by videotex and covers all instruments
    adopted under the White Paper whatever their legal form. This base
    provides an analysis of the measures and a table giving the
    references of the national incorporating or implementing measures
    for all the Member States [3] .
    pialogiift with the Member States in the preparation of incorporation
    measures. The object here is not to add a further negotiation
    stage after the adoption of the instrument by the Council or to
    delay adoption of national measures, but to allow Member States to
    exchange information on the draft legislation being prepared in
    order to prevent infringements before they occur and ensure
    consistency between the Member States. This dialogue is
    particularly important in areas covered by the principle of mutual
    recognition (recognition of diplomas) and in the area of the "new
    approach". The Commission has already convened a meeting, even
    before the deadline for application of the directive, of those
    responsible at national level for administering the general system
    of recognition of diplomas in order to coordinate national
    incorporation measures. This approach will be applied
    systematically in future.

    Organization of exchanges with national departments responsible for
    applying Community instruments. Beyond the formal incorporation of
    Community directives into national law, there is the problem of how
    the rules are actually applied by the national authorities.
    Private individuals very rarely come into direct contact with
    Community law or the Community authorities, such contacts generally
    being established via national legislation or a national
    department. It is for this reason that consistency in application
    is important. As this is a matter of administrative practices
    rather than of legal rules, consistency can be guaranteed only by
    exchanges of experience. This was the approach adopted by the
    Matthaeus programme in the customs field, and it is an approach
    which the Commission proposes to extend to other areas covered by a
    body of Community rules.

9. This approach was given the Council's backing in the conclusions adopted
on 21 December. The Council wishes to receive information about
implementing measures taken by the Member States at least once a year, so
that it can examine the situation. The Commission, for its part, has
undertaken to report twice a year; the second report was presented as a
working paper on 4 December 1989. [4 ]

10. This political approach, on top of the judicial activity which must be
continued and stepped up, has created an awareness in political circles in
the Member States of the scale on which national authorities are failing to
comply with Community law. Even though the situation improved
substantially in the second half of the year, deadlines are not respected
in around 45% of cases and new proceedings have been initiated under
Article 171 in a large number of cases for failure to comply with earlier
rulings. However, the situation differs from one Member State to another

  For further information consult the Eurohase service in Brussels,
  tel 235.00.01.
  SEC(89) 2098.

```

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                  - 3 
and from one area to another.

```

**`a.`** _**Jtemnwa**_ **`of`** **`|faysiry>1 harrlftr»`**

```
11. Article 8a of the Single European Act sets the Community a clear
objeotive, namely the creation by 31 December 1992 of "an area without
internal frontiers". The Ctammission's White Paper on completion of
internal market contained the work programme for attaining this objective.

1. Customs union

12. The infringement proceedings in the customs union sector are mainly
concerned with infringements of Articles 9 et seq. of the EEC Treaty
(banning any charges having an effect equivalent to customs duties in trade
between Member States), Article 171 of the Treaty (failure to comply with
judgments of the Court of Justice), and Council Directive 83/643/EEC of 1
December 1983 on the facilitation of physical inspections and
administrative formalities in respect of the carriage of goods between
Member States.

13. Among the infringements of Articles 9 et seq. of the Treaty,
proceedings have been brought against France in connection with charges
made for computerized control of customs declarations under the SOFI
system. The Commission maintains that in trade between Member States no
charge may be made in respect of customs formalities, regardless of whether
the procedure is manual or computerized. Another infringement proceeding
was initiated against France concerning the flat-rate tax on exports of
precious personal items to other Member States.

14. In the same area the Commission brought an action before the Court of
Justice concerning the charges levied by the Italian customs for services
performed at the same time for a number of firms. The Commission feels
that the charges are out of all proportion to the cost of the services
performed at the request of the firms. Infringement proceedings were also
brought against Italy in respect of the stamp duty charged on imports of
certain products from other Member States.

15. For failure to apply judgments of the Court of Justice a letter of
notice was sent to Italy on the basis of Article 171 in connection with the
case concerning the rules of proof which make it impossible to obtain
repayment of national taxes and charges which had been levied in breach of
Community law (judgment of 24 March 1988 in Case 104/86). A similar case
concerning Italy was also referred to the Court of Justice in the matter of
export procedures (judgment of 30 April 1989 in Case 158/85).

```

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               - 4 
16. As regards secondary legislation, a reasoned opinion was sent to Italy
ccmeerning the customs clearance of steel products. Italy has reduced the
number of customs offices where steel products can be cleared, thereby
infringing Articles 2 and 6 of Directive 83/643/EBC. The Commission has
also brought an action against Italy before the Court of Justice on the
grounds that the procedure for the customs inspection of goods infringes
the same Directive.

17. A reasoned opinion has also been sent to Greece for an infringement of
that Directive. It is alleged that controls and formalities for imports of
ceramic tiles from other Member States, in particular Italy, are excessive
in Greece and delay imports.

18. A reasoned opinion has been sent to France for infringement of
Regulation (EEC) No 754/76 on returned goods. This case concerns an
incorrect interpretation of the Regulation by national courts which
extended to industrial products provisions applicable solely to
agricultural products.

19. An infringement proceeding against Germany concerning customs debt in
respeot of goods stored in free zones was withdrawn after changes were made
to the Community legislation by way of compromise.

20. Two infringement proceedings concerning inward processing and monetary
compensatory amounts (one against the United Kingdom and the other against
France) were abandoned after the Court of Justice found in favour of the
Member States concerned.

ii. Free movement of goods

21. Measures to eliminate physical inspections have been taken only in the
areas of veterinary and plant health controls and the control of means of
transport and capital. Except in the agricultural field, the appointed
dates for applying the measures have not yet been reached. Hence only the
directly applicable provisions of the Treaty (Articles 30 and 95) can be
relied upon to challenge unjustified frontier controls.

Article 50 of the Treaty

22. Article 30 of the Treaty prohibits, between Member States, quantitative
restrictions on imports and measures having equivalent effect. The
provision enables action to be taken against import formalities which are
not justified by compel 1 i ng reasons such as health protection or safety
considerations.

23. On this basis the Commission has challenged a number of rules
introducing unwarranted formalities in the movement of industrial and
agricultural products:

   * the requirement that a declaration must be lodged in advance
     indicating the country of origin for imports into France of urea
     originating in non-member countries but in free circulation in
     another Member State;

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               - 5 
  * the requirement that certificates of origin be produced for imports
    into Italy of steel products coming from another Member State;

  * customs formalities which, although justified in certain cases,
    act as a deterrent to importers:

    - application of different customs tariffs on a wide range of
     agricultural products depending on the point at which they enter
     French territory; importers were fined for incorrect declarations
     even when they had relied on earlier import operations;" not only
     did the Commission obtain the necessary explanations concerning
     the customs tariff applied, but in particular fines incorrectly
     levied were repaid;

    - the difficulties in Belgium for the customs clearance of small
     parcels from other Member States, in particular the time taken;
     measures have been taken by the authorities to speed up the
     processing of small consignments and express consignments by the
     railways and the customs;

    - the restriction of the right to import certain products to
     certain importers; the effect of this arrangement is to block
     in customs certain imports made by an importer without the right
     authorization ;

    - the ban on imports into Germany by private individuals,
     for their own use, of medicines authorized in Germany but
     purchased in a pharmacy in another Member State; the Court
     of Justice ruled that this ban was incompatible with
     Article 30 (Case 215/87 Schumacher v Germany. 7 March 1989).

Article 95 of the Treaty

24. In 1989 the Commission continued to examine complaints and the many
questions or petitions from the European Parliament. It also initiated
proceedings itself whenever it was found that national legislation was not
consistent with the tax provisions of the Treaty or of secondary
legislation.

25. Under Article 95 of the Treaty the Commission issued reasoned opinions
in a number of new cases against the following Member States:

    - Greece: differential taxation of imported cars, silver-plated
     cutlery and instant coffee;

    - France: parafiscal charge on potatoes;

    - Ireland: introduction of new measures penalizing imported

     newspapers.

```

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               —6—

26. These cases lengthen the list of those initiated earlier, in some of
which the Commission decided in 1989 to bring actions before the
Court: excise duty arrangements on beer in Belgium, the Netherlands,
Luxembourg and Italy, the administrative charge for the inspection of fruit
and vegetables in Portugal, and the differential VAT rates in Greece for
imported spirits.

27. A proceeding concerning a tax on imports into Denmark of chocolate and
sugar-based products was dropped after Denmark amended its legislation. A
proceeding against the United Kingdom œnoerning the taxation of sherry was
also abandoned.

Removal of veterinary and plant health controls

28. For the application of directives and the White Paper on the internal
market, it is the veterinary and plant health field which involves the
largest number of instruments whose objective is not only to eliminate
physical controls at frontiers on agricultural products but also, by
removing these controls, to make it possible to eliminate all controls on
goods and persons.

29. Because of the number of instruments in force (35) and their strategic
importance for Project 1992, it is essential to see that they are correctly
applied. Of the 32 instruments requiring incorporation measures, only a
third have been incorporated into national law in all the Member States.
The delays are divided fairly evenly between all Member States, but
Portugal and Italy are particularly remiss.

30. The Commission was forced to initiate 35 infringement proceedings under
Article 169 of the Treaty against Member States for failing to enact
national legislation incorporating directives designed to give effect to
the single market. Twenty-seven cases .concerned the veterinary field and
eight cases plant health. In addition, six reasoned opinions (four in the
veterinary field, and two concerning plant health) were issued.

31. In the plant health field it has been possible so far to terminate «n
the proceecdings before Court action was needed. In the veterinary field,
on the other hand, the Commission brought proceedings before the Court
against Italy in 1989 for failing to incorporate Directives 85/322/EEC and
85/325/EEC.

b. Removal of tax harriers

32. The removal of tax controls at frontiers depends on correct application
of the Directives on tax relief and the VAT harmonization Directives.

```

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                 -7
33. As regards tax relief, it is regrettable that despite the great "
political significance of these measures, the last Directive raising relief
to ECU 390 has still not been incorporated into Italian law even though the
deadline for this was July 1989; the same applies to the 1985 Directive on
small non-commerolal. consignments and the 1988 Directive on small
commercial consignments.

34. As regards VAT harmonization, the Commission concentrated on monitoring
the correct application of the VAT Directives, which are of fundamental
importance for the completion of the internal market by 1992 and the proper
collection of own resources.

35. A number of cases were terminated in this area after Member States
agreed to comply with the Commission's observations: Spain discontinued
zero-rating for lawyers and professional sport; Ireland stopped exempting
corrective spectacles from VAT; and France dropped the arrangement limiting
the right to deduct.

36. The Commission issued reasoned opinions in the following cases:

    - United Kingdom, France, Greece, Netherlands and Ireland: VAT on
     road tolls;

    - Spain: exemption from VAT for services supplied by painters and
     sculptors, authors and journalists;

    - Italy: arrangements for refunding VAT to foreign taxable

     persons;

    - Germany: taxation of travel agents;

    - France: VAT on advertising services.

37. Monitoring the application of Community law also involves ensuring
that Member States comply with the Court's judgments. In this context seven
new cases had to be initiated under Article 171 because Member States had
still not taken steps to comply with the following judgments:

         Netherlands : tax status of notaries and bailiffs (judgment of
     26 March 1987 in Case 253/85) ;

    - Italy: taxation of bananas (judgment of 7 May 1987 in
     Case 184/85);

    - Italy: exemption from VAT of services of veterinary surgeons and
     smiths (judgment of 24 March 1988 in Case 122/84);

    - Italy: imports of medical samples (judgment of 21 June 1988 in
     Case 257/86);

```

```
    - Italy: flat-rate refund arrangements for agricultural
     producers (judgment of 28 June 1988 in Case 3/86);

    - Italy: extension of exemption from VAT in connection with
     earthquakes (judgment of 21 February 1989 in Case 203/87);

    - Italy: differential taxation of rum (judgment of 11 July 1989 in
     Case 323/87).

c. Removal of technical barriers

38. This is the field in which most progress has been made: 50 directives
adopted as part of the White Paper programme were in effect in 1989 in all
the areas concerned, particularly that of the harmonization of technical
rules.

i. Free movement of goods

39. The removal of non-tariff barriers to intraHSammunity trade in goods
is a cornerstone of the building of the single market. The Commission has
two basic instruments for this purpose at its disposal, the prohibition on
all measures having equivalent effect to quantitative restrictions
(Articles 30-36 of the EEC Treaty) and the harmonization of technical
rules.

40. Recent cases which have been brought to the attention of the
Commission point to the changes under way in the Member States: most
obstacles are to be found in technical regulations, while the number of
cases of unnecessary import formalities (see above) is steadily falling.
Technical regulations are also the area in which the longest delays are
occurring in transposing Community provisions into national law.

The principle Of freedom of movement

41. The principle of freedom of movement is a development from the
prohibition on quantitative restrictions and the recognition of national
rules.

. Article 30 of the Treaty

42. Article 30 of the EEC Treaty prohibits quantitative restrictions on
imports and all measures having equivalent effect. The very broad
interpretation put upon the latter notion, which - in the Court of
Justice's own words - covers "all trading rules which are capable of
hindering, directly or indirectly, actually or potentially, intra-Community
trade", enables the Commission as "guardian of the Treaties" to take steps
to eliminate obstacles to trade of the most diverse kinds.

43. In this connection, in 1989 the Court of Justice confirmed its earlier
holding that all rules on the marketing and distribution of goods are open
to scrutiny under Article 30. A case in point is that of French
legislation on door-to-door sales (Case 382/87 Roger Buet - Judgment of
16.5.1989), whose compatibility with Article 30 was considered in response
to a request for a preliminary ruling, and Case 25/88 Wurmser (Judgment of
11.5.1989), the object of which was the extent of the liability borne by
importers in France in respect of imported goods.

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```
              - 9 
44. These figures also include the technical regulations notified under
Directive 83/189/EEC as amended by Directive 88/182/EEC, and scrutinized in
the light of Articles 30 and 36 of the Treaty (see below).

45. In view of the ever-increasing number of cases brought to their
attention, the Commission's departments have found it necessary to stop
^ f n n g with them on an individual basis and have adopted a comprehensive
approach. The practice of holding regular "package" meetings with
representatives of the government departments concerned in Member States
has become more widespread in 1989. At such meetings, all the cases
involving a Member State are discussed, as are cases involving other Member
States in which it has expressed an interest. Pragmatic solutions in
keeping with Community law can thus be sought jointly at the complaint
stage, with a guarantee that the procedure will be transparent. A package
meeting involving Germany was held for the first time in 1989. Such
meetings have also been held, with Spain, France, Portugal, Italy and
Greece.

46. The results achieved in 1989 include the cases summarized below.

As regards iTïluptrlal, products:

* the elimination of unwarranted technical specifications defining light
  mopeds in Germany, which had the effect of closing the German market to
  imported products which did not meet the specifications;

* the termination of the requirement for television sets imported into
  France to be fitted with a Peritel socket enabling them to be connected
  to other audio or video facilities;

* the repeal of unwarranted provisions relating to the labelling of
  ceramic tiles which had the effect of making it more difficult and more
  expensive to import tiles manufactured in other Member States into
  vjrccoe ;

* the adjustment of the conditions relating to the type-approval and
  marketing in the Netherlands of reflective equipment for bicycles,
  following the dispatch of a reasoned opinion by the Commission.

As regards telecommunications:

* until the Commission adopted Directive 88/301/EEC on 16 May 1988, the
  national markets in télécommunications terminals were partitioned off
  from each other by the existence of monopolies in the importing,
  marketing, connection and installation of terminals granted by Member
  States to their own postal, telephone and telegraph authorities;

```

```
                  - 10 
* any obstacles to freedom of movement which may now exist are due mainly
  to the fact that diverging national approval and specification
  procedures apply.

47. The Camraission took further action to open up national markets.
In response to a parliamentary question, the Commission satisfied Itself
that the German authorities grant approval to terminals lawfully marketed
in other Member States even if they are manufactured according to
specifications different from those contained in national standards,
provided they meet certain basic requirements.

The Commission also made representations to the Belgian authorities to
ensure that private individuals in Belgium were authorized to own antennae
with which to receive satellite-broadcast television programmes. Following
the dispatch of the Commission's reasoned opinion, the Belgian authorities
undertook to allow the import and marketing of such antennae where they
were lawfully manufactured and marketed in other Member States, without
setting any conditions (including conditions relating to authorization or
type-approval).

48. More specifically, the Commission had decided in the past to initiate
the Article 169 procedure against several Member States (the Netherlands,
Luxembourg, Ireland, Greece, the United Kingdom, Denmark, Belgium, Germany,
France and Italy) for failure to notify national measures to give effect to
Directives 86/361/EEC [5] and 87/372/EEC£ . All but Italy had failed to
notify any measure to implement either of the two directives. Italy was in
breach of the Treaty in respect only of Directive 87/372/EEC.

49. Since then, Germany and France, in accordance with Article 11(2) of
Directive 86/361/EEC and Article 4(2) of Directive 87/372/EEC, have
cjommunicated to the Commission the text of the main provisions transposing
the two directives into German domestic law and Directive 87/372/EEC into
French domestic law respectively. The Member States still in
breach of the law for failure to communicate national implementing measures
are the Netherlands, Luxembourg, Ireland, Greece, the United Kingdom,
Denmark and Belgium, in respect of both directives, France in respect of
Directive 86/361/EEC, and Italy in respect of Directive 87/372/EEC. The
Commission has therefore sent letters of formal notice to the governments
concerned.

5 Council Directive of 24 July 1986 on the initial stage of the mutual
  recognition of type-approval for telecommunications terminal equipment.
6 Council Directive of 25 June 1987 on the frequency bands for
  pan-European cellular land-based mobile communications.

```

```
                                  11 
50. With regard to foodstuffs. 1989 saw the publication by the Commission
of an interpretative communication reviewing Community law applicable to
the movement of foodstuffs within the Qxnmunity. [7 ]

51. The Commission's departments have also, of course, continued with
their monitoring work in this sector.

The following cases were settled before reaching court:

    restrictions on the use of the word "limona/lfifi" as a denomination
    in France;

    difficulties in the marketing of butter in Italy owing to packaging
    requirements;

    prohibition on the use of certain additives in France (calcium
    acetate) and the United Kingdom (benzoic acid).

A number of cases before the Court of Justice were also decided in 1989.
On 11 May the Court gave judgment in an action brought by the Commission
against Belgium for not permitting the sale in its territory of prepared
meat containing more than a given quantity of edible gelatine (Case 52/88,
not yet reported). The Court held that an absolute prohibition on the
marketing of a foodstuff could only be justified by the need to protect
human and animal lives and health or vegetable species, which did not apply
in the case at issue. The Court also gave judgment on 2 February in a case
against Germany for setting national requirements as to composition in
respect of imports of meat products. As Germany has not complied with the
judgment, proceedings have been brought against it under Article 171 of the
EEC Treaty.

52. A growing number of judgments are not being complied with: in 1989
seven Article 171 actions were brought or pursued further, involving
Belgium (Case 52/88), Germany (Cases 274/87, 179/85 and 178/84), Greece
(Case 176/84), France (Case 169/87) and Italy (Case 56/87). Because of the
checks carried out by the Commission, the area covered by Article 30 is,
together with failure to transpose directives into national law, the one in
which the greatest number of proceedings are taken for failure to implement
Court rulings.

53. In relation to agricultural products [8], it should be stressed that
Articles 30 and 34 of the Treaty (on the elimination of quantitative
restrictions on imports and exports and of all measures having equivalent
effect) are to be regarded as an integral part of common market
organizations [9] and that barriers to trade in products covered by such
organizations affect their normal operation.

7 OJ C 271, 24.10.1989.
8 I.e. the products listed in Annex II to the EEC Treaty.
9 See judgment of the Court of Justice in Case 83/78 Pigs Marketing Board
  v Redmond [1978] ECR 2347, Ground 55.

```

```
                   - 12 
54. The barriers in respect of which the Commission initiated proceedings
were many and varied, as the following examples illustrate:

- technical requirements relating to the presentation, quality or
  pyfraging of products, having the effect of limiting or discouraging
  imports: the Commission took action against this type of measure in the
  case of restrictions imposed in Italy on the marketing or importation of
  fats and oils (obligatory presence of a tracer) and of cheeses (minimum
  fat content), and in that of the obligation imposed by the regulations
  in certain German Lander to present fresh poultrymeat in sealed
  jw>TragiT)g rfestverpackt) where they are sold in the same premises as
  other types of meat, and again in the case of Greece, which, despite the
  Court of Justice's judgment in Case 124/85, [10] continues to permit the
  import and wholesale marketing of fresh beef and veal in respect only of
  certain cuts;

- the requirement for a producer Member State to issue certificates
  stating that products meet the required standards in the importing
  Member State, as required by Greece with regard to large numbers of food
  products on grounds of radioactivity or by Greece and Luxembourg with
  regard to pasteurized butter; Luxembourg, however, has conformed to the
  Commission's point of view, in line with the position taken by Germany
  in 1988;

- the requirement for prior import licences or authorization imposed in
  respect of live sheep and goats in Germany (although rescinded in
  France), of semen intended for artificial insémination in France,
  Luxembourg, the United Kingdom and Ireland, and of live animals and
  fresh meat in Belgium;

- the practice of carrying out routine health checks on imports of
  Tpoultrymeat into Germany and Greece or double checks on imported fish in
  Belgium;

- national measures to do with human, animal or plant health or with
  additives, prohibiting imports or making them impossible, such as
  measures affecting imports of cheese into Italy and Greece by setting
  maximum nitrate content levels, and imports of grapefruit into Italy by
  limiting entry points to six seaports and excluding all imports by land;

 - the setting of maximum prices having the effect of discouraging and
  restricting imports, as practised in Greece in the olive oil trade.

 10 Commission v Greece, not yet reported.

```

```
               - 13 
55. The system of maximum import prices in Greece for sheepmeat and
goatmeat from Hungary was discontinued following the Court's judgment in
Case 127/87. [n ]

. Mutual recognition of national rules

56. In ac5Cordance with the strategy it outlined in its internal market
White Paper, the Commission is paying particular attention to the
application of the EEC Treaty's rules on the free movement of goods
(Articles 30-36) and is endeavouring to ensure that the principle of mutual
recognition is systematically incorporated in national law. This principle
requires any product lawfully manufactured and marketed in one Member State
to have free access to the markets of the other Member States, provided it
does not endanger health and safety. At all events, the measures taken to
protect these interests must be strictly proportionate to the objectives
pursued.

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

For instance, clauses to this effect have been inserted into:

* German rules on flammable liquids, to enable flame arresters checked by
  accredited bodies in other Member States to be used in buildings in
  Germany;

* Spanish rules laying down technical specifications for civil engineering
  projects, to confer recognition on products from other Member States
  manufactured according to other specifications;

* Portuguese rules governing the metrological control of radar speed
  detectors, to confer recognition on tests carried out in other Member
  States.

58. To this ex post facto monitoring activity must be added, in the case
of industrial products, the prior monitoring carried out by the Commission
pursuant to Directive 83/189/EEC as amended by Directive 88/182/EEC. This
Directive obliges the Member States to submit draft technical regulations
for prior vetting as part of an information procedure. This obligation which in the past did not cover the agricultural, foodstuffs,
pharmaceuticals and cosmetics sectors - has been extended to cover all
technical regulations from 1 January 1989.

11 Commission v Greece, not yet reported.

```

```
                            14 
59. In 1989, 319 draft technical regulations and standards were
scrutinized in the light of the Treaty and secondary legislation. After
examination, the Commission sought, in 37 cases, amendments designed to
ensure that their adoption did not raise new barriers to the free movement
of goods. In nine cases, the Commission announced the presentation of a
draft Community directive the provisions of which are to replace the
national measures.

60. This year the Commission has set up machinery to ensure cxmrplianoe
with the notification requirement. It signed a contract with a private
organization whose task is to go through the official publications from all
the Member States and to send whatever technical regulations they adopt to
the Commission. Where the Commission detects an infringement of
Directive 83/189/EEC, it will as a matter of course commence infringement
proceedings under Article 169 of the EEC Treaty.

. Miscellaneous products

61. In tandem with developing the "new approach" whereby a single legal
enactment can cover a wide range of products - the first directives using
this approach will take effect in 1990 - the Commission has to continue
managing large numbers of directives relating to specific industrial
products. At present there are 81 directives in force under the "old
approach", in respect of which 85 infringement proceedings are under way.

62. Most of these infringements (79 cases) are cases of failure to
incorporate directives into national law, while the other six cases have
arisen from the incorrect application of national implementing legislation.

- Of the 79 proceedings against failure to incorporate, 48 were commenced
  in 1989, while the other 31 were old proceedings already under way.
  These cases stem as a rule from the slowness of national procedures for
  amending legislation and in most cases are eventually resolved. For
  instance, 29 cases were regularized by the Member States concerned in
  1989. However, the Commission brought seven actions before the Court of
  Justice against two Member States - Belgium (Cases 272/89, 274/89 and
  276/89) and Luxembourg (Cases 271/89, 273/89, 275/89 and 277/89). All
  these cases were regularized before the end of the year, and the
  Commission decided to withdraw. Orders for their removal from the Court
  register will be made in 1990. An action brought against Italy in 1988
  for failure to inform the Commission of measures to give effect to
  Directive 83/128/EEC (medical thermometers) is still proceeding
  (Case 99/88).

```

```
                  - 15 
 As regards the stage reached in the application of directives by Spain
 and Portugal, contact has been maintained with the relevant government
 departments with a view to quickly making up the time lost in
  transposing the directives into national, law. Remarkable strides have,
  in fact, been made by the Spanish authorities, who have transposed
  66 directives, including 47 in the last year, out of the total of 81.

- As to the non-conformity of national laws with Community directives or
  the incorrect application of such laws, apart from one case oonoernl.ng
  Directive 84/539/EEC (see § 63), all the others, as in the past, concern
  Directive 73/23/EEC (the "low voltage" Directive). Of seven sets of
  proceedings embarked upon in the course of the year for infringement of
  this Directive, those against France and Ireland have been dropped.
  Those against the United Kingdom, the Netherlands, Denmark and Germany
  are well on the way towards a settlement. But the case against Italy is
  following its course.

63. A fresh proceeding has been commenced against Germany for the
incorrect application of Directive 84/539/EEC (electromedical equipment
used in human medicine). The German authorities continue to require
type-approval for electromyographs, while the Directive stipulates that a
declaration by the manufacturer suffices. The proceeding against the
United Kingdom for non-conformity in the transposai of Directive 73/23/EEC
has been abandoned following measures taken by the British authorities to
comply with the obligations flowing from the Directive. Lastly, the
infringement proceeding brought against Spain œnoerning an interpretation
of Decree 7/1988 transposing Directive 73/23/EEC which is not in conformity
with the Directive has been closed following the recent adoption of new
administrative measures.

64. Directive 88/320/EEC on good laboratory practice, which is very
important in organizing recognition of tests and certificates and was to
have been implemented by 1 January 1989, has been transposed into national
law in only five Member States (Belgium, Denmark, Luxembourg, the
Netherlands and the United Kingdom).

. Motor vehicles/agricultural tractors/motor cycles

65. Implementation of the directives on motor vehicles, agricultural
tractors and motor cycles continued normally in the Member States, 133 of
them having now been transposed. In the course of the year,
30 infringement proceedings for failure to transpose directives were
commenced. The infringements are all due to administrative delays in
certain Member States in incorporating Community directives into their
national law.

66. The delays in transposing all the Directives on car exhausts (88/76,
88/77 and 88/436/EEC) into national law in Italy and the Directive on
diesel particulates into national law in Belgium and Greece are
particularly regrettable.

```

```
                  - 16 
. Foodstuffs

67. The proceedings initiated in respect of the foodstuffs directives all
concern instances of failure to communicate national implementing measures.
The file was closed on 11 infringements, 13 cases are at the formal notice
stage and two are at the reasoned opinion stage.

68. The Commission dropped actions against France and the Netherlands for
failure to transpose Directive 83/417/EBC (lactoproteins) and against
France for failure to transpose Directive 83/635/EBC (preserved milk).

69. In the field covered by the White Paper programme, nine directives or
regulations entered into force and are being transposed into national law
or implemented in a very unsatisfactory manner; three of them have not
been incorporated into national law in any Member State. Bearing in mind
that the "horizontal" directives are soon to take effect, the delays in
this particular sector are a cause for concern.

. Pharmaceutical products

70. The situation with regard to medicinal products for use in human or
veterinary medicine has changed very little since 1988. Proceedings have
been taken against Italy before the Court of Justice for the
non-transposition of the two basic Directives on pharmaceutical products
(65/65/EEC and 75/319/EEC), and discussions have been held with the Spanish
Government with a view to ensuring that these Directives are swiftly and
properly incorporated into Spanish law.

71. Although there are very few problems in this particular field, it is
noteworthy that no notification of any transposition measure was received
in 1989 in respect of the Directive on price transparency (89/105/EEC),
which was to have effect from 31 December 1989.

. Chemical products

72. Since the sixth annual report to Parliament, all the directives
adopted since 1980 have been implemented by all Member States (other than
Spain and Portugal) save one only. That Member State, Italy, despite the
Court's having found against it for failure to transpose the Directives on
surfactants, is being proceeded against under Article 171.

73. As regards fertilizers, the last Directive due to take effect in 1989
(liquid fertilizers) has been incorporated into national law only in
Germany and Denmark.

 . Energy-generating products

74. Following the adoption of a paper on the internal energy market in
July 1988, an inventory of barriers to trade in this sector was drawn up.
The action needed to dismantle them will shortly be submitted to the
Commission.

```

```
                  - 17 
ii. Opening-up of public procurement

75. Public procurement is an area which raises problems not only in
relation to the transposition of directives but, to an even greater degree,
in relation to the proper application of directives by the various official
agencies concerned in the Member States.

76. As part of its work of monitoring transposition, the Commission
brought an action before the Court against Greece for incorrect
transposition of Directive 71/305/EBC. On the other hand, as Greece
correctly incorporated the old Directives on supplies (77/62
and 80/767/EEC) in the oourse of the year, the action brought for failure
to do so was withdrawn.

77. The Commission initiated the Article 169 procedure against Italy and
the Netherlands for failure to notify it of measures to incorporate
Directive 88/295/EEC.

78. The Commission brought an action before the Court in respect of
Italian Act No 80 of 17 February 1987. This law lays down a special
procedure for the award of public procurement project contracts containing
several features which are contrary to the relevant ODmmunity rules. When
it comes to the criteria for selection, the Act requires bidders to be on
the Italian list of accredited contractors, and stipulates that preference
should be given to temporary groupings or to consortia of firms carrying on
their principal business in the region in which the projects are to be
carried out. Another feature is that the region's own firms are also given
preference in subcontracting: the Act requires the contracting authority
to subcontract a minimum quota of work to firms which have their official
head offices in the region in which the works are to be carried out.

79. If national legislation is to be systematized without having to wait
for complaints to be lodged, checks must be carried out not only to ensure
that a measure transposing a directive into national law is in keeping with
that directive but also that all other provisions applicable to public
procurement are consistent with it.

80. The independent experts with whom a contract was signed in 1988 have
therefore been instructed to carry out a preliminary review of all the
public procurement legislation in each Member State.

81. In the course of the year the measures introduced by the Commission in
1986 [12] to widen its scope for detecting infringements on its own
initiative became operational. These measures consist of:

- systematic checking of public works contract notices over three periods
  on the basis of a pilot monitoring contract signed last year with a
  consultancy firm;

12 Sixth Annual Report to Parliament on monitoring the application of
  Community law (1988), points 84 and 85.

```

```
               - 18 
- checks for compliance with the rules during the execution of projects
  and programmes financed by the structural Funds and the other financial
  instruments applying the practical arrangements and resources detailed
  by the Commission in its cxsramunication to the Member States in January; [13 ]

- stricter checks for œmpliance with Community rules in the publishing
  of contract notices.

82. The infringement cases processed in 1989 have shown that there are
shortcomings in the following areas:

- Interpretation of the scope of directives and the excluded sectors:

  A reasoned opinion was sent to Spain concerning a public procurement
  competition for dredging works launched by the Junta del Puerto de
  Seyilla y Rio del Guadalquivir.

  It is worth pointing out here that the Commission has brought an action
  before the Court over the case involving the failure by the public
  enterprise which runs Lisbon Airport to put out to Cammunity-^wide
  competitive tender a contract for the supply and assembly of a
  telephone exchange. [14 ]

- The criteria for selecting those eligible to bid:

  A reasoned opinion was served on Italy concerning a public contract for
  the supply of meat, opened to bids by USL No 11-Genoa 2. In this
  particular case the contracting authority had specified that 50% of the
  niinimum amount of supplies which applicants were required to have
  carried out in the previous three years in order to be admitted to the
  competition had to consist of supplies to government departments.

  Another reasoned opinion was served on Italy in respect of a
  prequalifying notice issued by the Ente ferrovie dello Stato for the
  purpose of identifying companies capable of carrying out construction
  works on a railway line between Rome and Naples. In this particular
  case the companies concerned had to have already carried out works in
  Italy worth a stated overall figure and be "listed in the Italian trade
  register.

- The stipulations made in contract documents and the way these are
  applied when selecting bids:

  For example, in the case of the public contract put out for bids by
  Storebaeltforbindelsen A/S for the construction of the Great Belt
  Western Bridge in Denmark, which came to the Commission's notice in
  May and was referred to the Court in August, the contracting authority
  had included stipulations in the conditions requiring the widest
  possible use of Danish materials, consumer goods, labour and equipment.
  The Commission also maintains that negotiations between the contracting

13 OJ C 69, 28.1.1989; Bull. EC 1-1989, point 2.1.8.
14 Sixth Annual Report to Parliament on monitoring the application of
  Ctommunity law (1988), point 81.

```

```
                  - 19 
authority and the consortium chosen were carried out on the basis of an
offer which did not conform to the specifications. In the case of the
first of these two infringements, the Commission applied for interim
measures to secure an order from the Court that the operation of the
contract which the contracting authority had meantime concluded with the
successful bidder should be suspended. During the hearing, however, the
Commission withdrew this application in the light of solemn cxBoooitments
received from the Danish Government and in view, too, of the serious
difficulties which suspending the contract would have created. The Danish
Government has admitted before the Court the incompatibility of the "Danish
clause" with the EEC Treaty and has undertaken to ensure that an
arbitration procedure will be applied whereby unsuccessful bidders for the
contract in question can be refunded the costs of taking part in the
cjompetition without having to show that, if the clause had not existed,
they would have won the contract.

iii. Services

83. The Commission intends to show increased vigilance in monitoring the
application of Community provisions to establish the oommon market in
financial services by 1992. To this end it has begun talks with the
Member States aimed, in particular, at a systematic revision of the
application of the directives in this field. Concerned to secure
compliance with the deadline set for the implementation of Directive
85/611/EEC on undertakings for collective investment in transferable
securities (UCITS) (1 October 1989), the Commission, before setting the
Article 169 procedure in motion, sent a letter to those Member States which
had not communicated their measures by the deadline (Belgium, Germany,
Spain, Italy and the Netherlands). The Directive is not yet applicable in
Greece and Portugal. In the case of Belgium, this delay aggravates the
serious situation in respect of non-c?omplianoe with the Court's rulings (in
this instance, the ruling given on 12 February 1987 in Case 390/85)
regarding failure to incorporate into national law three directives in this
field., and the Commission was obliged to initiate Article 171 proceedings.

84. As regards cases of infringement, the Commission brought before the
Court an action involving Italy's checks on the green vehicle insurance
card (Case 232/89). Initiation of the Article 169 procedure has been
decided in a number of other cases mainly œncerning the situation existing
in several Member States where tax legislation renders more difficult
transactions with insurance companies not established on their territory.
These cases are of particular importance given that they affect, in the
financial field, the freedom to provide services laid down in Article 59.
As regards compliance with the Court's rulings of 4 December 1986
concerning non-life insurance and coinsurance (Cases 205/84, 220/83, 206/84

```

```
                   -20
and 252/83), only Denmark has passed legislation, while Germany, France and
Ireland have taken interim administrative measures. The Commission will

see to it that definitive measures are taken when the second Directive on
non-life insurance (88/357) is incorporated into national law, a step which
must be taken by 1 January 1990.

Transport

85. Liberalization of the transport market is gradually being implemented
on the basis of the programme set out in the White Paper. Since most of
the instruments involved are regulations, national implementing measures
are not always necessary, though in some cases substantive measures on the
part of the Member States are called for.

86. There are major delays. Some acts such as the regulation on
competition in the sea transport and air transport sectors have been
implemented in a limited number of Member States (United Kingdom and
Denmark); but in some Member States, such as Belgium, Luxembourg and
Portugal, delays are virtually systematic. (See Section B.8 - Transport.)

New technologies and services

87. Freedom of movement of broadcasts is ensured, pending the coming into
effect of the Directive on television without frontiers, by the direct
application of the provisions of the EEC Treaty, in particular Articles 59
and 62.

88. The Commission has referred to the Court of Justice the Netherlands'
insistence that national broadcasting bodies order programmes from a
specific Dutch company and the restrictions on cable broadcasting of radio
and television programmes from other Member States that include advertising
specifically aimed at a Dutch audience.

89. The first Directives adopted in the telecommunications field are
reaching their implementation deadlines. The deadline is passed in the
case of the Directive on mobile telephones, which has been incorporated in
national law in only two Member States. On 3 October 1989 the Council
adopted the Directive on television broadcasting activities.

iv. Capital movements

90. The coming into effect of the Directives on securities coincided with
that of the Directive on liberalization of the units issued by UCITS, which
has been incorporated in national law in all the Member States except
Portugal, which has been granted a derogation. This is particularly
important in the context of the work being done on economic and monetary
union.

```

```
                 -21
91. In the field of capital movements (Article 67 et seq. of the EEC
Treaty), it has proved impossible, because of the deterioration in Greece's
external position in 1989, to remove a number of restrictions applied by
Greece under the decision adopted by the Commission in November 1985 [15] .
The Commission therefore extended until 30 June 1990 its authorization to
apply the remaining restrictions [16] . Spain and Portugal may also maintain
a number of restrictions on capital movements until 1990 and 1992
respectively pursuant to the transitional provisions of the Act of
Accession.

92. In response to the judgment given by the Court of Justice on
3 December 1987 in Case 194/84 on funds blocked in Greece, the Greek
authorities have adopted a number of measures to honour their obligations.
The Commission took the view that these measures were not entirely
satisfactory. The Greek authorities amended the administrative provisions
in question on 17 March 1988 and 15 March 1989 to take account of the
Commission's comments, and the basic legislative instrument is to be
amended in the near future.

v. Rules applying to businesses

Company law

93. In this field, 1989 saw the adoption of a series of implementing
measures by Member States. Spain implemented the first, second, third,
fourth, sixth and seventh Directives (68/151/EEC - registration, 77/91/EEC
- capital, 78/855/EEC - mergers, 78/660/EEC - annual accounts, 82/891/EEC divisions, 83/349/EEC - consolidated accounts). France, Denmark, the
United Kingdom and Greece implemented the eighth Directive (84/253/EEC approval of persons responsible for the auditing of accounting documents).
The United Kingdom also implemented the seventh Directive (83/349/EEC consolidated accounts). Portugal implemented the fourth Directive.

94. The current situation as regards the company law Directives is as
follows:
The fourth Directive (78/660/EEC) of 25 July 1978 on the annual accounts of
certain types of companies still has to be implemented in Italy, and the
measures taken under Article 171 of the Treaty are being maintained.

As regards the third and sixth Directives (78/855/EEC of 9 October 1978 on
mergers and 82/891/EEC of 17 December 1982 on divisions), the Commission
has initiated proceedings before the Court of Justice against Belgium and
Italy.

15 Decision 85/594/EEC, as last amended by Decision 86/600/EEC (OJ L 325,
  29.11.1988).
16 Decision 89/644/EEC (OJ L 372, 21.12.1989).

```

```
                   -22
Infringement proceedings have been commenced against Italy, Ireland,
Denmark, Belgium and Portugal in respect of the seventh Council Directive
(83/349/EEC) of 13 June 1983 on consolidated accounts.

Infringement proceedings have been initiated against Ireland, Italy and the
Netherlands in respect of the eighth Directive (84/253/EEC) of
10 April 1984 on the approval of persons responsible for carrying out the
statutory audits of accounting documents.

As regards inadequate implementation of the cxampany law Directives by
Member States, the Commission withdrew the proceeding initiated against the
Netherlands in respect of the seventh Directive (83/349/EEC) after
receiving the text of the national instrument in question. On the other
hand, an infringement proceeding against Germany concerning the seventh
Directive is continuing. An infringement proceeding against Greece
concerning the second Directive (77/91/EEC) is continuing, and a proceeding
has been initiated against Germany in respect of the first Directive
(68/151/EEC).

In addition, the Commission investigated complaints regarding the
acquisition of shareholdings in companies by national s of other Member
States. Some of these cases (France: St-Gobain, Paribas; United Kingdom:
British Aerospace, Rolls Royce) have now been resolved.

95. Council Regulation No 2137/85 on the European Economic Interest
Grouping (EEIG) was to have effect from 1 July 1989. Seven Member States
(Germany, the United Kingdom, France, the Netherlands, Belgium, Denmark and
Ireland.) have taken the measures needed to implement the Regulation, thus
enabling EEEGs to be set up on their territories. The necessary measures
are in preparation in the other Member States, so they will presumably be
adopted soon.

, InteHeotwvl, property

96. Council Directive 87/54/EEC of 16 December 1986 on the legal
protection of topographies of semiconductor products has been incorporated
in national law by ten Member States; infringement proceedings have been
commenced against the other two (Belgium and Greece).

97. Council Directive 85/374/EEC of 25 July 1985 on liability for
defective products has been incorporated in national law by eight
Member States; the remaining four (Belgium, France, Ireland and the
Netherlands) are being proceeded against, as is the United Kingdom (for
incorrect transposition).

```

```
                   -23
2. A PEOPLE'S EUROPE

97. Most of the measures adopted as part of the implementation of the
single market directly concern individual citizens in their private or
working lives. They are first and foremost provisions aimed at
eliminating discrimination based on nationality or restrictions on the
right of establishment and freedom to provide services in other Member
States. However, they also concern the individual's right to import and
use the product of his or her choice.

98. This chapter is concerned solely with the first category of
provisions, but we should not discount the potential impact on the lives of
individual citizens of measures aimed at:
- allowing the free importing of pharmaceutical products for
 personal use;
- increasing the ceiling for duty-free entry (expressed in ecus);
- liberalizing the purchase and use of television and
 telecommunications equipment.

a. Free movement of persons

99. The Commission frequently receives letters from individual citizens
who complain of disparities between national laws, the fact that certain
national rules are not readily applicable to people from other Member
States, and the behaviour of national officials. What all these
complaints have in common is that they reveal situations - whether of law
or of fact - which are out of tune with the idea we have of Europe and
which shock European citizens.

100. Unfortunately, the Commission is ill equipped to deal with a great
many of these complaints since they fall within areas in which the
Community has no powers or has not yet legislated. Consequently, such
Community legislation as does exist, compliance with which must be
enforced, is fairly limited except for the ban on discrimination on grounds
of nationality, provisions regarding entry and residence, and provisions in
respect of taxation.

i. Entry and residence

101. The Directives on residence by Community nationals
(Directives 68/360, 73/148, 73/34 and 64/221/EEC; see also
Regulations (EEC) Nos 1612/68 and 1251/70) have been incorporated in
national law by all the Member States and present no problems in their
general application. However, the Commission regularly receives
complaints about individual cases, e.g. one involving Italy (issue of a
Community residence permit) and another involving Spain (lifting the ban on
returning to Spain after expulsion).

```

```
                      -24
li. The right to gross borders freely

102. On the other hand, as regards the right to cross borders freely,
Community law is at present limited to Articles 2 and 3 of Directives
68/360/EEC and 73/148/EEC; which give Community nationals the right to
enter and leave the territory of any Member State by simply showing a
passport or identity card, although these provisions apply subject to
reasons of public policy, public security or public health. Nevertheless,
with an eye to the impending elimination of frontier checks, the Commission
is endeavouring to give them as wide an application as possible.

103. For example, it has brought an action before the Court of Justice
against the Netherlands (Case 68/89) because officials responsible for
checks at the frontier continue to ask travellers questions regarding the
purpose and duration of their journeys and the amount of money they have.
The Commission has initiated the Article 169 procedure against Denmark
because officials continue to stamp passports.

104. The Commission has also taken action to guarantee the application of
the provisions of Cammunity law concerning members of the families of
Community national s who are not themselves nationals of a Member State.
Community law lays down that visas are to be issued free of charge to such
persons. In response to representations by the Commission, a number of
Member States have taken the necessary measures to comply with Community
law. The Commission has initiated Article 169 proceedings against Italy,
Germany and Portugal to require them to comply with the obligation to issue
visas free of charge.

105. With a view to the establishment of the single market, the freedom
of movement of persons will have to be reflected in the elimination of all
current checks at the Community's internal frontiers, whether they be
checks of persons or checks related to the transporting of luggage and
personal effects. However, elimination of checks must not result in any
lessening of security in the fight against narcotics; it has to be a very
gradual process in line with the development of cooperation between police
forces and the convergence of policies relating to the right to asylum,
visas and immigration. The importance of the work being done by the five
Member States party to the Schengen agreement and by all twelve in the
ad hoc Immigration Working Party should be emphasized.

```

**i l l .** **TViaratlrm** _**arri**_ **tfrw*** _**njtiyfm**_

```
106. This is a highly sensitive area which triggered action by a large
number of members of the European Parliament over the past year in response
to public opinion.

```

```
                   -25
107. In its resolution of 14 May 1987 Parliament sharply criticized the
reductions recently made by Denmark and Ireland in duty-free allowanoes for
travellers. The Commission took rapid action in both instances and brought
the matter before the Court of Justice in 1988. Denmark amended the
legislation in question at the beginning of 1989, thus putting an end to
the infringement, and the Commission withdrew its application to the Court.
Ireland, on the other hand, has not yet taken steps to end the infringement
and the Court's ruling is expected in the near future.

108. Again in the field of duty-free allowanoes, two further reasoned
opinions were sent to Denmark, one concerning national provisions
authorizing the duty-free importing of only 20 litres of fuel per vehicle
and one concerning the unsatisfactory application of Directive 83/182/EEC
on tax exemptions within the Community for certain means of transport
temporarily imported into one Member State from another. A proceeding
concerning that Directive has likewise been initiated against France.

109. As regards tax exemptions in connection with the moving of household
effects (Directive 83/183/EEC), the Commission has cîommenced proceedings
before the Court against Spain and Greece, which are still not applying the
Directive correctly.

110. Another important issue is Cîonopliance by the Member States with the
"Gaston Schul" judgments on the elimination of double taxation on the
importation of second-hand goods bought by private individuals. The
Commission has decided to bring proceedings before the Court against Spain,
Greece and Italy, which are the only Member States (apart from Portugal)
not yet complying with the Court's rulings.

111. Lastly, two reasoned opinions have been sent to Italy under
Article 171 of the EEC Treaty: Italy has not yet taken measures to
incorporate in national law Directives 83/181/EEC and 83/183/EBC despite
the Court's judgments of 24 November 1987 in Cases 124/86 and 125/86.

iv. Otihex Bfttters: driving llcyavxy?

112. On 16 November 1989 Ireland introduced the Community-model driving
licence in accordance with Directive 80/1263/EEC. The United Kingdom
enacted a statute (in force from 1 April 1990) introducing the
Community-model licence as follows: on 1 June 1990 for Group A and B
licences in Great Britain; on 1 October 1990 for C and D licences in Great
Britain; on 1 January 1991 for all licences in Northern Ireland. The
Commission has commenced infringement proceedings against Germany
concerning the practical application of the Directive, especially as
regards the procedure for exchanging the licences of foreign students
coming into the country to continue their studies. Discussions are taking
place with the German authorities, and practical solutions should be found

```

```
                   -26
pending the entry into force of a new Directive currently being considered
by the Council, under which it will no longer be necessary for people
taking up residence in another Member State to exchange their licences.
Italy is the only Member State which has not yet taken the steps needed to
give effect to the current Directive. The draft model licence submitted by
the Italian authorities is now being finalized and will be introduced
shortly.

```

**b .** **Right Of** **AgrhAhligTrmgnrh and -rannfriTUrl rm rvP qwall -Pi** **rati** **fmff**

```
113. The right of establishment is laid down differently in the Treaty
depending on whether wage-earners or members of the professions are
involved.

```

**'Ran** **fin** **rUgnmlTnlTv^tloi^**

```
114. As in the past, the Commission's main concern has been to eliminate,
in the field of right of establishment and freedom of movement of European
citizens, discrimination running counter to Articles 7, 52 and 59 of the
EEC Treaty.

115. Article 7 prohibits any discrimination on grounds of nationality
within the Treaty's scope of application. Though they are becoming
increasingly rare, some national laws still contain discrimination based on
nationality.

116. For example, it emerged in connection with the Court of Justice
ruling of 2 February 1989 in the Cowan case (186/87) that some Member
States exercise discrimination in their schemes for compensation of the
victims of acts of violence. The Commission has œmmenoed proceedings
against the Member States in question. It should be noted, furthermore,
that the Cowan judgment, by œnfirming that tourists are to be regarded as
recipients of services and that they thus fall within the scope of
application of the Treaty, will make possible a more thorough examination
of discrimination applied to non-residents.

117. As regards the professions, the Court of Justice on 30 May 1989
delivered a judgment finding against Greece for prohibiting foreigners from
engaging in real estate transactions in certain border and coastal areas of
the country (Case 305/87). The Commission has also applied to the Court in
three other cases (France - Case 154/89; Italy - Case 180/89; Greece - Case
198/89), all three involving restrictions on the freedom to provide
services as tourist guides. At the end of the year there were four oases
still pending before the Court: the three just mentioned and Case 263/88
(France - freedom of establishment in the overseas territories).

```

```
                   27 
118. The Commission has also cammenced Article 171 proceedings in the
Court of Justice in respect of Greece's failure to comply with the Court's
rulings in Cases 147/86 and 38/87 relating to the requirement of Greek
nationality for access to various regulated occupational activities. It
withdrew the proceeding concerning the ban on doctors' having a practice
abroad as well as in France after France complied with the Court's judgment
in Case 96/85. The Commission continued the proceedings against Greece
(Case 194/84 on the transfer of capital by residents of other Member
States; Case 305/87 on the right of establishment in border regions; Case
47/86 on the freedom to teach) and against Italy (Case 168/85 on
nationality requirements for guides, journalists and pharmacists).

119. Finally, the Commission commenced infringement proceedings against
Italy for non-recognition of diplomas in physiotherapy and osteopathy and
the requirement of Italian nationality for access to certain activities and
against France for non-recognition of diplomas in physiotherapy, pedicure
and pedology.

120. Among the cases dealt with by the Court of Justice in 1989, mention
should be made of the following:

   the judgment given on 2 February in Case 186/87, in which the Court
   ruled that the principle of non-discrimination, as set out in
   particular in Article 7 of the EEC Treaty, must be interpreted as
   prohibiting a Member State from requiring that persons entitled under
   Community law to enter its territory, notably as recipients of
   services, be holders of a resident's permit or national s of countries
   with which the Member State has concluded a reciprocal agreement, if
   they are to receive compensation from the State for harm caused as
   the result of an assault;

   the judgment given on 30 May in Case 305/87, which prohibits the
   Greek authorities from maintaining in their legislation
   <±lscriminatory provisions applying to nationals of other
   Member States in respect of legal transactions relating to immovable
   property in border regions;

   the judgment given on 27 September in Case 130/88, which clarifies
   the interpretation in Directive 64/427/EBC of 7 July 1964 (on the
   freedom of movement of self-employed persons in manufacturing and
   processing industries) of the expression "that the activitY in
   question has been pursued in another Member State for [a specified
   number of] consecutive years".

```

**-28-**

**i i .** _**ym**_ **ITOffifrfflOnfT**

```
121. As regards the incorporation in national law of Directives adopted
under Article 57 of the Treaty with a view to ensuring the freedom of
movement of persons exercising certain professions (doctors, nurses
responsible for general care, dentists, midwives, lawyers, hairdressers,
services incidental to transport, veterinary surgeons, architects and
pharmacists), the Commission had to commence proceedings in the Court of
Justice against four Member States (Spain, midwives, Case 313/89; Italy,
full-time and part-time training for medical specialists, Case 236/89;
Greece, services incidental to transport, Case 306/89; France, lawyers,
Case 294/89).

122. The number of infringements involving the non-c«mmunication or
non-conformity of national implementing measures has increased
considerably. They concern the Directives on pharmacists (proceedings
initiated against Belgium, Germany, Italy and Luxembourg), the Directive on
specific training in general medicine (Denmark, Germany, France and Italy)
and the Directives on architects (Belgium, Germany, Greece, Italy, Ireland,
Luxembourg and Spain).

123. This increase in the number of proceedings is attributable to the
fact that the deadlines for implementation of the Directives in question
have only recently been reached and to delays in the generally fairly
cumbersome legislative procedures of several Member States. However, some
of them have informed the Commission that the measures implementing the
Directives have been adopted, so that, after examining their content, the
Commission may be able to withdraw a number of the proceedings. The
Commission hopes that the three Directives mentioned above will soon be
incorporated in the national law of all the Member States. It is none the
less a cause for concern that several of the Member States have not taken
measures empowering the executive to effect incorporation without having to
resort to the inevitablY slow legislative process, all the more so as the
national authorities often take the opportunity of incorporation to settle
other problems, unrelated to Community law, which fall within the scope of
the legislature.

C. Brnjaoyment «nrï «no/tal policy

124. With particular reference to Regulations (EEC) Nos 1408/71 and
574/72 on the application of social security schemes to migrant workers,
the Commission brought an action before the Court against France
(Case 307/89) concerning refusal to grant supplementary benefit under the
Fonds national de solidarité scheme to nationals of Member States with
which France has no reciprocal agreement. Three other cases concerning
France (236/88, 371/88) and Belgium (185/88) are still before the Court.

```

```
                   -29
125. Two reasoned opinions were sent to the Netherlands and Germany
concerning national provisions under which family allowanoes in respect of
children who have finished their studies are payable only if they are
registered at Dutch and German employment exchanges respectively. In this
same field reasoned opinions were sent to Belgium and France œncerning
national provisions whereby sickness insurance contributions are withheld
from supplementary retirement benefits of people residing in another
Member State in which they receive health care at public expense. A
reasoned opinion was sent to the Netherlands concerning the refusal to
grant Dutch family allowances to people residing in Belgium who are
entitled to a rxitch early retirement allowance; and another was sent to
Belgium concerning national provisions under which pertain social security
benefits are payable only if those entitled were resident in Belgium before
the date of entitlement.

126. Again in the field of social security for migrant workers, three
cases involving France were settled to the Commission's satisfaction and
were therefore withdrawn.

127. As regards Article 48 of the Treaty and Regulation (EEC) No 1612/68
on freedom of movement of workers within the Community, the Court of
Justice gave judgment against Germany in Case 249/86, ruling that by
adopting and retaining provisions which make renewal of the residence
permit of members of the family of migrant workers conditional on their
living in appropriate housing, not only at the time when they install
themselves with the migrant worker concerned but for the entire duration of
their residence, Germany was in breach of Community law. A reasoned
opinion was addressed to Germany concerning national income tax provisions
which ended the tax benefits in respect of children or other members of the
family of workers residing abroad. A reasoned opinion was sent to Belgium
concerning discrimination on grounds of nationality in the matter of
taxation of supplementary insurance contributions. Another case
concerning Germany was terminated.

128. Lastly, in respect of Article 48(4) of the Treaty, concerning
employment in the public service, the Commission began a detailed
examination of legislation in all the Member States foUowing the
memorandum it published on 18 March 1988 (OJ C 72, p. 2). This exercise,
which has now been completed, showed that there are many instances of
employment in the public service being subject to a nationality requirement
contrary to Article 48(4) as interpreted by the Court of Justice. In the
light of its analysis, the Commission, taking account of the importance and
complexity of the issue and after reassessing all the aspects involved,
decided in October to continue its regular practice and to commence general
infringement proceedings under Article 169 of the Treaty in the course of
1990 against all Member States concerned and in priority areas where
infringements were found to exist (i.e. education, non-military research,
health services, bodies operating a public service on commercial lines).

```

```
                   -30
129. With regard to failure to communicate national measures to implement
directives, the Commission terminated three infringement proceedings
against Greece, Luxembourg and the Netherlands and withdrew three actions
in the Court of Justice against the Netherlands, Belgium and Ireland in the
field of health and safety at work. On the other hand, letters of formal
notice were sent in seven new cases of failure to communicate national
measures implementing Directive 88/35/EEC on electrical equipment for use
in explosive atmospheres. Proceedings were initiated before the Court
against Italy for failure to incorporate in national law
Directive 83/477/EEC on the protection of workers exposed to asbestos, and
a case is still pending in the Court against Italy for failure to
incorporate in national law Directive 82/605/EEC on the protection of
workers exposed to metallic lead.

130. Finally, the Commission is particularly concerned by the fact that
Italy has still not transposed into national law Directive 75/129/EEC on
collective redundancies despite the two judgments given by the Court of
Justice on 8 June 1982 and 6 November 1985 in Cases 91/81 and 131/84
respectively.

d. Consumer protection

131. In the administrative field, 1989 saw the establishment within the
Commission of a separate department specifically responsible for consumer
policy. This is likely to intensify the attention given to the application
of Community law in this area.

132. Generally, it should be noted that consumer interests are also taken
into account in other areas of Community activity, notably freedom of
movement of goods and services, agricultural and food regulations, and
competition. With more particular regard to the monitoring of the
application of directives specifically adopted to protect consumer
interests, numerous infringement proceedings have been initiated against
various Member States:

   as regards Directive 84/450/EEC on misleading advertising, the Court
   found against Belgium on 16 November and against Greece on
   6 December 1989 for failure to transpose into national law; an action
   cxDncerning the like failure on the part of Italy is also before the
   Court;

   as regards Directive 85/577/EEC on contracts negotiated away from
   business premises, the Commission has been able to terminate
   infringement proceedings involving France, Ireland and the
   Netherlands, but not those involving Belgium, Greece and Italy, where
    the transposition situation cannot be regarded as satisfactory.

```

```
                    -31
133. The Commission continues to receive complaints concerning
Member States' application of Community law designed to protect the
consumer. Apart from cases of failure to transpose into national law, or
cases where transposition is incorrectly done, a fair number of complaints
relate to misapplication (misconstruction) of the law in proceedings before
the national courts. It is often difficult for Commission staff to follow
up complaints of this kind, and the desired outcome cannot always be
achieved because of the complexity of the Community procedures involved.
It would be best if people made more effort to exhaust the remedies
available under national law and if the national courts made full use of
the opportunity to refer to the Court of Justice for preliminary rulings
under Article 171 of the Treaty. This is becoming an increasingly
important means of ensuring real harmonization in areas already regulated
by Community instruments.

```

**-32-**

**B.** **QIHER qjESTIQHa**

```
1. Statistics

134. With respect to statistics, a Member State is required to supply
figures at given intervals in a given statistical field and in acxxjrdance
with a pre-established procedure.

135. Infringements in this area are specifically due to the fact that the
requirement to supply figures at stated intervals is seldom correctly
fulfilled. As a rule, the few infringements noted often concern failure to
provide data on time.

136. The infringement referred to in the preceding report has still not
been brought to an end by the Member State concerned. Italy is still in
breach of its obligation under Council Directive 78/546/EEC on the carriage
of goods by road. New proceedings have been brought against Italy for its
failure to implement a judgment of the Court. Since Italy had not
rectified the omission, the Commission was obliged to bring an action
before the Court of Justice (Case 266/89). In 1989 the Commission examined
three other cases concerning Italy which have reached the reasoned opinion
stage. These infringements are in the area of agricultural statistics.

2. CcCTffunjty siaff

137. On the question of the transfer of pension rights, the Netherlands
has adopted legislation enabling such transfers to be made and has notified
the Commission of the transferable amounts. The Commission, however, was
not satisfied with the calculation of these amounts and a new infringement
proceeding was commenced in July 1989.

138. With respect to Belgium, a new draft bill on the question is
currently under examination by the Commission. Agreement should be reached
after negotiations.

139. With respect to the aggregation of family allowances, the Commission
is continuing its discussions with the German authorities on the
implementation of the Court of Justice judgment of 7 July 1987,
particularly with respect to the amounts to be reimbursed by Germany.

```

```
                   -33
140. In the field of social security, the Commission has delivered a
reasoned opinion with respect to France on the deduction of health
insurance contributions from the national pension of a retired Community
official.

141. The proceeding initiated against Portugal on account of the
difficulties encountered in connection with duty-free importation of motor
vehicles by former Commission staff was closed following changes to
Portuguese legislation. A proceeding against Denmark on the same ground
was still being considered at the end of the year.

142. In December 1989 the Commission sent a reasoned opinion to the
Belgian authorities concerning their refusal to permit a Community official
of Belgian nationality appointed to iAncembourg to enjoy temporary exemption
from VAT on a motor car purchased in Belgium.

3. IMgftt

143. Following the judgment by the Court of Justice in Case 68/88, Greece
paid the Commission the agricultural levies with default interest which
were due on consignments of maize imported from a non-member country. In
Case 96/89 the Commission had asked the Court to order the Netherlands to
pay agricultural levies (with default interest) which had not been
collected when consignments of manioc imported from a non-member country
without export certificates were released to the market subject to a
preferential levy of 6%.

144. To recover VAT own resources (and default interest) not paid on
account of infringements of Directive 77/388/EEC and Regulation (EEC)
No 2892/77, as amended, the Commission delivered reasoned opinions in
respect of France, Ireland and the United Kingdom, while it commenced
proceedings in the Court of Justice against Germany and France. In this
field, the Commission terminated two infringement proceedings since the
Member States concerned (Ireland and Italy) paid the VAT resources and the
default interest due.

145. With respect to default interest due in the case of late payment of
own resources, the Commission brought two cases of infringement
(Cases 239/89 and 270/89) to the Court of Justice. Both these cases
concerned Italy, which has now made the requisite payments, and the actions
have been withdrawn.

```

```
                   -34
146. The Court of Justice delivered judgment in another case of late
payment of own resources caused by accounting errors œnœrning customs
duty. This case also concerned Italy, which has not yet given effect to
the judgment (Case 54/87).

147. Finally, the Commission terminated an infringement proceeding
concerning a case of late payment of customs duties (phased olearance) by
Italy after the Court gave judgment (Case 373/88) and the payment was made.

4. Rrrrironmenji,

148. In 1989 there was again increased awareness of the state of the
environment in most Member States, accentuated by the European elections.
At the same time, individuals have noticed that application of
environmental law, including Community environment law, leaves much to be
desired. This is the cause of the growing number of complaints sent to the
Commission. In 1985 there were 35, and in 1988 there were 190 (excluding
complaints in the consumer sector). The complaints have now doubled to
reach the figure of 465 in 1989. The number of cases brought to light by
the Commission's own investigations also increased.

149. Most of the complaints concern inadequate application of existing
law. Although often it is not difficult to establish the facts, the number
of cases is increasing where an on-the-spot visit, an analysis by an
independent laboratory or measurement of the pollution would be useful.
On-the-spot visits must be limited to exceptional cases, because there are
not enough staff and the Commission does not have mobile measuring stations
to enable it to measure the pollution of the environment or analyse the
samples.

150. In 1988 Parliament adopted three resolutions on monitoring the
application of environmental law relating to water, [17] air [18] and the
protection of habitats. [19] In 1989 the Commission started to follow up
these resolutions.

151. During the year the Court dismissed an application from the
Commission for the adoption of an interim measure to halt provisionally
work on the construction of a dyke in a wild birds' habitat. The Court
decided that the Commission had not shown the urgency of the matter, given
that the work was already well under way and would not be continued until
1991. This decision was the first environmental case in which the
Commission had made application for an interim measure. The Court will
probably deliver judgment on the substance in 1990.

17 OJ C 94, 11.4. 1988, p.155.
18 OJ C 94, 11.4. 1988, p. 151.
19 OJ C 290, 14.11. 1988, p. 137.

```

```
                   -35
152. With regard to the implementation of the Court's decisions, the
judgments on the protection of birds delivered in 1987 and 1988 against
Germany, the Netherlands, Italy, Belgium and France have not had the
desired effects. In addition, Belgium, which the Court had found against
for the second time in 1988 for its failure to implement fully the
directives on waste, has still not adopted all the necessary measures. The
Commission has therefore complained of Belgium's behaviour at a meeting of
the Council.

153. As in previous years, the incorporation of environmental directives
into national law was delayed in most Member States. The Commission notes,
however, that the Netherlands has speeded up its internal decision-making
process considerably and has transposed Community directives within the
time limit set. The Commission would point out that failure to give effect
to a Community directive limiting polluting emissions constitutes, in
economic terms, a subsidy for the industries concerned.

154. Partial conformity of national legislation to Community
environmental measures continues to create problems when Member States
deliberately abstain from giving effect to environmental directives, in
order to avoid clean-up measures in particular. In such cases, the Commission attaches special importance to initiating infringement
proceedings.

155. Several Member States have taken advantage of the terras of the
Directive on drinking water authorizing exemptions in certain clearly
defined cdrcumstances. This Directive, adopted in 1980 and due to come
into effect in 1982, extended the time limit to 1985 to enable Member
States to bring their drinking water into line with Community provisions.
Nevertheless, at the end of 1989 most of the Member States had not achieved
this objective, and clean-up measures had not been undertaken with
sufficient determination.

156. In 1989 the Commission's main work was again to monitor the
application of Community environmental provisions. The difficulty referred
to in the preceding report regarding the formulation and implementation of
remedial plans or programmes persists. Some Member States seem to be
unaware of the fact that they are under a legal obligation to introduce
such programmes.

157. Most of the complaints about directives lodged with the Commission
concern the Directives on the quality of drinking water (80/778/EEC), the
assessment of the effects of certain public and private projects on the
environment (85/337/EEC) and the conservation of wild birds (79/409/EEC).

```

```
                   -36
158. The complaints concerning the first two directives in particular
showed that citizens understand that their environment is in danger and
that what they themselves do may help to protect, preserve and improve it.
TMg awareness was also evident in the European elections, and it is an
encouraging sign that the man in the street is taking an active part in the
debate on the protection of the environment at Community level.

5.

159. With respect to the adjustment of state monopolies, Commission
activities have mainly been directed to the aspects summarized below.

160. To take the monopolies in petroleum products first:

   With regard to the Greek monopoly, in addition to the infringement
   noted at point 160 of the preceding report, the Commission has
   instituted proceedings œncerning the rules on cxmrpulsory storage,
   Act 1769/88 being regarded as discriminating against imported
   products and therefore incompatible with Articles 30 and 37 of the
   EEC Treaty.

   The Commission also decided to continue the infringement proceeding
   against Portugal for failure to adjust its monopoly in accordance
   with Article 208 of the Act of Accession. Other contested points
   concern the management of quotas (contrary to Article 30) and the
   system of prices and taxation applied to petroleum products (contrary
   to Article 95).

   With respect to the Spanish monopoly, on which the Spanish Government
   undertook to comply with the reasoned opinion, the Commission has
   noted that certain positive steps have been taken in the mean time.
   The Commission is keeping a close eye on the development of the
   parallel network of service stations. It is to be supplied solely
   with imported products, enabling operators outside the monopoly to
   have access to the retail motor vehicle fuel market on objective and
   non-discriminatory terms.

161. As regards other monopolies:

   After serving notice on the Portuguese Government to present its
   comments on its failure to adjust its monopoly in alcohol, the
   Commission decided to issue a reasoned opinion in this case too.

   On the other hand, the Commission decided to terminate the
    infringement proceeding against the French potassium fertilizers
   monopoly in the light of the measures adopted in the mean time by the
   French Government and published in France's journal officiel on
    29 November 1988.

   Lastly, the Commission decided to terminate the infringement
    proceeding against the Spanish monopoly in manufactured tobacco
    products. In the light of the Spanish Government's observations, the

```

```
                   -37
   Commission has accepted that the basic provisions enacted so far
   provide an adequate regulatory framework to ensure, during the
   transitional period, that products imported under quotas from the
   other Member States can be marketed, and that the Spanish Government
   is not required to adopt any further implementing measures.

162. As regards public undertakings as referred in Article 90 of the EEC
Treaty, note should be taken of the following cases:

   With respect to Commission Directive 88/301/EEC of 16 May 1988
   (OJ L 131, 27.5.1988) on competition in the markets in
   telecommunications terminal equipment, after examining national
   legislation in this field for consistency with the Directive the
   Commission decided to commence infringement proceedings against a
   number of Member States (Belgium, Denmark, Germany, Ireland and
   Spain).

   With respect to the insurance of public property and loans granted by
   state-owned banks in Greece, the Commission took the view that Greece
   had in fact failed to honour its obligations under Article 171 of the
   EEC Treaty, and initiated a further infringement proceeding, issuing
   a reasoned opinion.

6. Agriculture

163. Infringements of specific market organization measures intended to
achieve the objectives laid down in Article 39 of the EEC Treaty are of two
kinds: either there is delay in applying Community rules (which have to be
applied promptly if they are to attain the effects desired by Community
legislation), or they are implemented incorrectly.

164. The Commission initiated Article 169 proceedings with respect to
delays in the implementation by Denmark of the set-aside scheme for arable
land, a computerized register of olive-growing data in Italy and Greece,
and the adoption of measures providing for penalties to be applied for
infringements of the olive oil production aid scheme in France.

165. In response to action by the Commission, Italy finally adopted the
necessary measures to apply the supplementary milk levy scheme.

166. Incorrect application of Ctammunity rules affected the operation of
the common organizations of the following markets:

```

```
                   -38
   cereals and olive oil, in Greece, by reason of state measures
   relating to Community prices or the hwying-in of cereals which do not
   meet the criteria laid down in the Cominunity rules and, in the meat
   sector, by restricting supplies of intervention beef for welfare
   institutions and bodies to the union of stock-raising cooperatives
   (Ktinotrofiki);

   fruit and vegetables, olive oil, poultry and pigmeat farming, in
   Italy, owing to the continuing absence of quality controls to ensure
   observance of quality standards for fruit and vegetables, to
   discrimination against olive oil producers who are not members of
   cooperatives, and through the award of unlawful aids in the pigmeat
   and poultry sectors; the Italian authorities have repealed provisions
   impeding the import of concentrated butter;

   wine, in Germany, through the failure to adopt national legislation
   imposing penalties in cases of non-observance of the obligation to
   deliver wine for compulsory distillation, through the ban on the use
   of rectified concentrated grape must in the preparation of local
   wines and quality wines psr, and, lastly, the illegal increase in the
   minimum natural alcoholic strength of Moselle wine; the last two
   measures, however, were repealed by the new German wine-growing law
   of 30 June 1989;

   wine, in Portugal, owing to the incorrect application (e.g. failure
   to lay down supplementary conditions) of the Community rules on
   premiums for grubbing up areas under vines; it should be noted that
   the Portuguese authorities complied with this requirement in 1989;

   milk and milk products, failure to collect the supplementary levy
   (Belgium, Germany, Italy and Luxembourg); in France, by the
   allocation of individual quotas which did not respect the right of
   producers affected by the disasters in 1983 (reference year) to have
   their normal production in 1981 or 1982 taken fully into account; in
   1989 the producers thus affected will still not be assured the
   individual quotas to which they are entitled under the rules.

167. As regards harmonization, the fields covered are: plant health rules,
seeds and plants, animal feed and veterinary law.

168. In 1989 the Commission initiated 90 new infringement proceedings
under Article 169 for failure to inform the Commission of national measures
to implement directives in the above-mentioned fields.

```

```
                   -39
169. Although the number of proceedings commenced levelled off after the
considerable increase in 1988, the number of directives giving rise to a
reasoned opinion fell in 1989 (to 27). Cases concerning five agricultural
directives were referred to the Court in 1989.

170. As for Member States' compliance with Court judgments concerning
failure to transpose agricultural directives, the Commission delivered
three reasoned opinions in respect of Italy, which has omitted to take
steps to give effect to three judgments.

171. As far as the characteristic features of the infringements committed
by the Member States are concerned, most of the observations contained in
previous reports are still valid. The absence of any significant changes
in this regard makes it pointless to repeat them.

172. In its last report, the Commission drew attention to the worrying
failure by Italy to comply with the judgment of the Court of Justice in
Case 69/86, in which the Court found against Italy under Article 171 for
failing to comply with its judgment in Case 322/82, holding that Italy was
infringing the rules governing the monitoring of quality standards in
regard to fruit and vegetables. This observation remains valid, since,
despite the Commission's many representations, Italy has still not complied
with the two rulings. The Commission must denounce such conduct as
detrimental to the proper functioning of the Community, which is founded on
respect for the law.

7. wg^rtftg

173. With regard to Community arrangements for the conservation and
management of fish stocks, in 1989 the Commission pursued infringement
proceedings against the Member States which fail to apply satisfactorily
Community rules in this area and where monitoring of compliance with these
measures is inadequate.

174. The Commission has continued to take action where catch quotas are
exceeded. A proceeding initiated in respect of Belgium (overfishing in
1986) was terminated when the national authorities concurred with the
Commission's reasoned opinion. Reasoned opinions were delivered in this
connection to the Netherlands (overfishing in 1987) and the United Kingdom
(overfishing in 1987). Cases of overfishing noted in 1985 and 1986 by
France were referred to the Court. And the Commission decided to refer the
case concerning overfishing in 1985 and 1986 by the United Kingdom. The
case brought against the Netherlands in 1987 on the question of overfishing
in 1983, 1984 and 1985 was decided by the Court on 5 October 1989
(Case 290/87), and that against France for overfishing in 1985 on 20 March
(Case 62/89).

```

```
                   -40
175. Proceedings regarding Irish legislation which makes the granting of
fishing licences subject to a nationality requirement (Case 93/89) and the
British legislation making the granting of flag rights to vessels subject
to a nationality requirement (Case 246/89) were brought in 1989. By an
interim order made on 10 October the Court ordered the United Kingdom to
suspend application of the nationality requirement with regard to the
registration of vessels fishing under the British flag on the eve of the
implementation of the legislation. References for preliminary rulings on
this issue were made to the Court by national courts (Cases 213/89
and 221/89). The Commission brought an action concerning British
legislation which incorporates in fishing licences nationality and
residence requirements relating to the composition of the crew
(Case 279/89). It also commenced proceedings against Ireland (Case 280/89)
concerning provisions intended to exclude British vessels from Irish
waters unless they had obtained a fishing licence in accordance with the
conditions challenged in Case 279/89.

176. Similar legislation imposing nationality and residence requirements
for the granting of licences and/or flag rights to fishing vessels are the
subject of proceedings under Article 169 that were decided in 1989 in
respect of all the Member States concerned.

177. The Commission published a communication in the Official Journal
(OJ C 224, 31.8.1989) on a Community framework for access to fishing
quotas, which Member States may apply if they wish, establishing guidelines
and limits which will make it possible, while fully observing Community
law, for management of fishing quotas to reconcile the fundamental
principles of the Treaty and the objectives of the common fisheries policy.

178. The Commission continues to monitor Member States' compliance with
the inspection procedures for fisheries activities at sea and on land
covered by Community regulation.

   The case brought against France in 1988 (Case 64/88) is still pending
   before the Court of Justice.

   A reasoned opinion concerning failure to cooperate in connection with
   an infringement and inspection of fish landings was transmitted to
   the Spanish authorities.

   Another case concerning Spain, in respect of a breach of the
   requirement to record catches of species subject to TACs or quotas in
   ICES divisions outside Community fishing areas, has been referred to
   the Court of Justice.

```

```
            -41
179. The Commission terminated the proceeding against Portugal concerning
the requirement to monitor and inspect fisheries activities on land, since
the inspection mission revealed a gradual improvement in the situation and
considerable efforts by the Portuguese authorities to end the infringement.

180. In the context of the common organization of markets, there was no
need to commence new proceedings. The cases concerning Italy, Ireland and
Greece are still before the Court.

181. The application made by the Netherlands in 1987, seeking the
annulment of Ctammlsslon Décision 87/368/EEC, was dismissed (Case 262/87).
Giving judgment on 2 February 1989, the Court confirmed the Commission's
powers to note Member States' failures to comply with fisheries
requirements when clearing EAGGF accounts.

182. Lastly, as in the past, the Commission insists that each Member
State must notify it beforehand of any national measures it adopts on
fisheries in accordance with the procedures and by the time limits laid
down. In this connection the Commission referred to the Court a case
concerning an extension of United Kingdom territorial waters entailing
restrictions on the specific rights of fishermen from other Member States
laid down in the Act of Accession and the basic Regulation (EEC) No 170/83
(Case 146/89).

8. Traiyqy>rt

183. Italy has still not complied with the Court judgments concerning its
failure to incorporate into national law three directives on admission to
the occupations of road haulage operator and road passenger transport
operator and the mutual recognition of qualifications for these
occupations. At the Commission's request, Mr Van Miert approached the
Italian Government in mid-November in an attempt to break the deadlock in
these cases.

184. On the other hand, there is hope that proceedings at present under
way in the Court against Greece for failure to incorporate the same three
directives can be terminated in the near future. Greece has notified the
national implementing measures to comply with these requirements, and they
are currently being scrutinized by the Commission.

185. The Court judgment of 24 May 1988 requiring Belgium to incorporate
Directive 82/714/EEC on technical requirements for inland waterway vessels
has still not been complied with. The Commission is pursuing its
infringement proceeding.

186. The United Kingdom has presented to the Commission a revised draft
amendment to the Air Navigation Order to give effect to the provisions of
Directives 83/416/EEC and 86/216/EEC concerning inter-regional air
services.

```

```
                   -42
187. One of the air transport liberalization measures referred to in the
White Paper is Council Directive 87/601/EEC on fares for scheduled air
services between Member States, whose provisions were to have been
transposed into national law by 31 December 1987. In 1989 a certain amount
of progress was made: six Member States are applying the Directive in
full, and four others have presented proposals to the Commission, which
endorsed them. The Commission is continuing to press for the application
of the Directive in all the Member States in 1990.

188. Despite efforts by the Commission, Italy and France have not yet
adopted the national, legislation needed to comply fully with the common
rules on the carrying of goods by road for hire. At the end of 1989 the
Commission decided to bring Court proceedings against Italy for the total
absence of measures to incorporate the directive in question. At the same
time, the Commission sent the French Government a reasoned opinion on its
failure to apply certain measures laid down in the directive. On the other
hand, the rules relating to authorization for the carriage of goods by road
laid down in Directive 85/505/EEC (coupled combinations of vehicles) have
now been given effect in all the Member States. The same is true of
Directive 86/364/EEC on the weights and dimensions of certain road
vehicles.

189. Most of the Member States concerned by the Directive on admission to
the occupation of waterway goods transport operator have not adopted the
necessary measures to comply with it, despite the fact that the deadline
was 30 June 1988. The position is different with regard to
Directive 88/599/EEC aimed at establishing minimum conditions for
monitoring the correct and uniform application of the regulations
concerning social legislation and recording equipment in road transport,
which should have been incorporated in national, legislation by 1 January
1989. By the end of 1989 seven Member States had implemented it (one
partially) and three others had drafted bill s to that effect. The
Commission is actively pursuing its efforts to achieve general application
of these two directives.

190. As expected in the previous report, it has been possible to withdraw
the infringement proceeding against Portugal on preference accorded the
carriage of goods by vessels flying the national flag. As a result of
cooperation between the Commission and the Portuguese authorities, in
February 1989 the latter adopted a decree-law to bring the legislation into
line with Regulation (EEC) No 4055/86 applying the principle of freedom to
provide services to maritime transport.

191. Another proceeding brought to a successful close concerned France's
refusal to renew authorizations for charter flights carried out by the
Belgian company Sobelair between Brussels and the French Antilles on the
grounds that a limit of 20% of French passengers laid down by the French
Government had been exceeded. The French Government recognized that once
authorization to carry out charter flights on its territory had been given

```

```
                   -43
no discriminatory conditions regarding the nationality of the passengers
carried could be imposed by the national authorities.

9. flv»rgy

192. Despite the action taken with a view to completing the internal
market and securing compliance with the rules of competition, the following
points need to be mentioned:

   Having brought a case against Belgium to the Court in July 1988 for
   failure to transmit statistical information concerning prices of
   crude oil and petroleum products, the Commission withdrew and the
   case was closed in July 1988. In the second half of 1988 the Belgian
   authorities again ceased to transmit the information and the
   Commission decided to commence further proceedings in March 1989; it
   was decided to make the application for referral to the Court in
   July 1989.

   With respect to the implementation of directives concerning the
   performance of heat generators, the Commission is continuing its
   comparative assessment of national implementing measures. This
   should be ready in 1990.

   The legislation of seven Member States (Denmark, Germany, Greece,
   Ireland, Luxembourg, Spain and the United Kingdom) conforms to the
   Directive on the utilization of substitute fuels. In the case of an
   eighth Member State (France), the Commission is examining the
   measures incorporating the Directive into national law. With regard
   to the other countries, the Commission is continuing its scrutiny of
   presumed infringements.

10. External relations

193. In the external relations field, two of the three reasoned opinions
issued in 1989 - against Greece and the Netherlands - concerned delays in
notification and failure to communicate cooperation agreements with
non-member countries. Before the Commission sent the Member States a
memorandum on this issue, there had been numerous cases of failure to
satisfy the procedural and substantive obligations deriving from
Article 113 and from Decision 74/393/EEC (see third annual report, 1985).
The third opinion related to administrative measures whereby the Greek
authorities had barred imports of matches from Bulgaria and Sweden, and to
the authorities' refusal to supply the Commission with the texts of the
measures in question. In another connection, in 1989 the Commission was
able to withdraw the infringement proceeding against France on account of
the obstacles placed in the way of imports of fertilizers from Hungary.
The Commission plans to present to the Council a proposal to amend
Regulation (EEC) No 3420/83.

```

```
                      -44
li. Development cooperation

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

195. The Commission has closely watched the problems associated with
three Member States having deposited instruments of ratification of the
International Cocoa Agreement unilaterally rather than in conjunction with
the Community.

196. With respect to the infringement proceedings initiated against
France, Italy and Portugal, the last two were terminated following
explanations provided by the respective governments: they accepted the
Commission's view that no Member State may deposit an instrument of
ratification before the Community instrument concluding the agreement has
been deposited.

```

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

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

```

L e t t e r of f o r m a l n o t i c e

Reasoned o p i n i o n

Reference t o the Court of J u s t i c e

1917

55

65

36

77

32

66

46

73

26

41

I I

44

572

191$

68

29

27

69

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93

33

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_16_

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1912

18

15

10

2

33

17

34

8

16

4

157

1915

37

17

4

30

36

10

61

16

I I

I I

233

,1916

25

17

3

24

30

8

31

12

9

5

164

1984

4

7

1

4

14

3

12

3

2

4

54

1915

23

9

2

10

14

9

31

6

4

5

...

**1914**

**55**

**36**

**21**

**60**

**—**

**92**

**33**

**28**

**28**

**—**

**34**

**454**

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**16**

**13**

**26**

**—**

**55**

**16**

**69**

**24**

**16**

**—**

**20**

**289**

1983

8

8

3

4

21

6

21

2

3

7

83

1984

17

13

3

27

29

12

26

6

5

10

148

14 "55

2 6

3 5

1

— 5

73 _96_

1987

28

17

6

28

8

29

24

27

10

I I

9

197

1988

23

24

6

32

11

27

10

52

8

12

7

15

227

1913

4

4

3

2

12

1

12

—

3

1

42

1917

7

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1

8

3

21

2

4

2

61

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e

2

1916

15

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8

2

18

4

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71

1988

10

8

3

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10

8

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45

B

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T o t a l

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**16**

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**32**

**335**

**67** **70**

**-**

I9H

56

40

26

106

_22_

69

44

61

4)

30

2

37

516

1988

52

58

29

64

31

58

41

107

36

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18

33

569

37

48

—

29

503

_**&**_

```
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**1985**

**1986**

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**1987**

```
1988

```

`TV` _2_

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lumber of letters of formal notice, 1985 to 1989, classified by sector

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Jumber of reasoned opinions, 1985 to 1989, c l a s s i f i e d by sector

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```
1986

1987

1988

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prot ection

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Other sectors Total

```

```
Employment

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affairs

```

```
Transport Agriculture Envi ronment and

```

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cons umer

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_N*_ _4_

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

**1985**

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     1988

```

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social affairs

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-C

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                         No 5

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

```

```
                      No 6

Infringement proceedings initiated since 1981, classified by sector and legal basis

```

_**-Ç4-**_

```
  ^Number of infringement proceedings initiated since 1982, classified by legal basis and stage .of

   proceedings

    •-• Treaties and Reg

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Formal notice

```

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                                *• 8

^.Number.of infringement proceedings initiated since 1986, classified by Member State, legal basis and stage of proceedings

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                                         - 57 
                                         No 10

                     COURT OF JUSTICE JUDGMENTS DELIVERED UP TO 31 DECEMBER 1989 NOT COMPLIED WITH

1. Coses where the Commission has been Informed that measures ore being token (to end December 1989)

GERMANY

4.12.1986 Case 205/84 Community co-insurance The German authorities have announced

                                    provisional administrative measures to ensure

                                    compliance pending legislation implementing the

                                    second non-life insurance Directive (88/357/EEC)

                                    (A/83/126)

```

```
Legislative amendment in progress
(A/183/83)

Pending the Commission's decision on
the draft order submitted by Germany,

beers from other Member States are

provisionally allowed in (cf. Finance
Ministry circular of
29 September 1988). They must

nevertheless have a label affixed to

them showing their alcoholic strength and
indicating the category to which they
belong under German law ("Schankbier",
etc.). Only the additives generally
permitted in all foodstuffs may be
used, otherwise prior authorization

is needed. The Commission has

reservations about the draft order,
particularly as regards the labelling
requirement. The Court's judgment has
not been fully complied with (A/82/5)

```

```
4.12.1986 Case 179/85

12.3.1987 Case 178/84

```

```
Bottling of péti11ont de raisin

Ban on the sale of beers not

made from malted barley

```

```
Fresh infringement proceedings

Fresh infringement proceedings

```

_**V**_

```
Fresh infringement proceedings

Fresh infringement proceedings

(A/89/367)

Fresh infringement proceedings

Fresh infringement proceedings

```

```
7.5.1987 Case 189/85 Overlapping family allowances

25.2.1988 Case 427/85 Lawyers: freedom to provide

                 services

2.2.1989 Case 274/87 Problems affecting imports of

                 pate

BELGIUM

```

```
     - 58 
The Commission is continuing discussions with

the German authorities on compliance with the

Court's ruling, in particular as regards sums to
be repaid by the Federal Republic (A/83/65)

The German authorities have forwarded a Bi11

implementing the Court's ruling; it is due to

be passed into law very shortly

(A/83/56)

The German Government has indicated that it will

amend its legislation when transposing Council

Directive 88/658/EEC of 14.12.1988 amending

Directive 77/99/EEC on health problems affecting

intra-Community trade in meat products. In the

mean time the Lander inspection authorities have

been asked to check that products imported from

other Member States are correctly labelled.

(A/85/500)

```

```
2.12.1986 Case 239/85 Toxic waste The region of WalIonia has adopted regulations

                                    transposing the Directive but has made no

                                    provision for practical implementing

                                    arrangements (A/83/169)

```

```
3.10.1989 Case 383/85 Transfer of pension rights

DENMARK

```

```
     - 59 
A draft Bill on this matter is being examined by

the Commission. Subsequent negotiations should

produce an agreement with the Belgian

authorities.

(A/84/303)

```

```
4.12.1986 Case 252/83 Community co-insurance Legislative amendments have been forwarded and

                                    are being examined by Commission departments

                                    (A/82/57)

FRANCE

4.12.1986 Case 220/83 Community co-insurance The Commission has been informed that

                                    provisional administrative measures are being

                                    applied to comply with the Court's ruling

                                    pending legislative action planned in

                                    conjunction with measures to implement Directive

                                    88/357/EEC (second non-life insurance

                                     Directive), due for 1.1.1990. (A/81/265)

```

```
25.10.1988 Case 312/86 Equal treatment; access to

                 employment

```

```
The Commission has learned informally that the

French authorities are preparing a proposal to

amend the offending Article. As the Commission

had not been notified by the French authorities,

a telex was sent on 11 July 1989. No reply has

been received. (A/85/144)

```

```
Fresh infringement proceedings

```

```
Fresh infringement proceedings

At the end of 1988 the Italian

Senate passed a Bill transposing,

among other things, the

provisions of the Directive in

question. The Bill still has to

be approved by the Chamber of

Deputies. The Court delivered a

second judgment on 16.11.1985 in

Case 131/84. (A/83/102)

The Court gave a second ruling on

12.2.1987 (Case 69/86) in an

action brought under Article 171.

```

```
GREECE

12.3.1987 Case 176/84

IRELAND

4.12.1986 Case 206/84

ITALY

```

```
                       - 60 
Provisions laying down that only Formal adoption of the new rules is
malt-based beers may be sold expected (A/82/4)

Community co-insurance Ireland has adopted provisional measures which
                   have yet to be passed into law. (A/83/127)

```

```
8.6.1982 Case 91/81 Collective redundancies (A/78/045)

```

```
15.11.1983 Case 322/82

15.3.1983 Case 745/82

```

```
Proprietary medicinal products (A/88/314)

```

```
Fruit and vegetables quality

control

```

```
(A/81/177)

```

```
Q>

```

```
9.6.1988 Case 56/87 Prices of pharmaceutical

                 products

28.6.1988 Case 3/86 Flat-rate reimbursement of

                 farmers, beef and pigmeat

12.7.1988 Case 322/86 Quality of fresh waters capable

                 of supporting fish life

```

```
     - 61 
On 21.7.1989 the Italian authorities gave notice

that the Finance Act (No 67) of 11.3.1988

requires the ministries responsible to propose a

new method for determining the prices of
pharmaceutical products to the interministériel

committee on prices and that under the new

procedure the provisions condemned by the Court

of Justice will be rescinded. (A/85/28)

The 1989 Tax Act incorporated measures amending

the tax arrangements which the Court of Justice

found to be unlawful. Technically, the

amendments give rise to difficulties in

calculating the costs actually incurred by

farmers subject to VAT on a flat-rate basis

(A/81/262)

On 22.12.1988 the Italian authorities announced

that a draft Bill for a decree-law was being
drawn up. (A/85/071)

```

```
Fresh infringement proceedings

Fresh infringement proceedings
(A/89/663)

Fresh infringement proceedings

```

```
TTs

```

```
2.2.1989 Case 22/87 Protection of employees in the

                 event of their employer's

                 insolvency

NETHERLANDS

```

```
     - 62 
By letter of 11 September 1989 the Italian

Republic forwarded the text of a draft Bill to
implement Directive 80/987/EEC. According to

the Italian authorities (13.11.1989) the Bill

has not yet been adopted by Parliament.

(A/85/118)

```

```
13.10.1987 Case 236/85 Wild birds On 6.9.1988 the Dutch authorities announced that

                                    a Bi 11 on flora and fauna (Flora- en Faunawet)

                                    was in preparation. (A/84/125)

UNITED KINGDOM

```

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

```

```
The UK authorities have adopted certain
measures, notifying them on 15 December 1986.
These are acceptable on the whole, although one
point is still undergoing scrutiny. The situation
seems to be satisfactory, however, and it should
be possible to terminate the proceedings shortly
(A/80/131)

```

```
Fresh infringement proceedings

Fresh infringement proceedings.

On 5.7.1989 the Commission

decided to send a reasoned

opinion (A/89/0060)

Fresh infringement proceedings
(A/85/260)

```

**^3**

```
                                     - 63 
2. Other coses (to end Januorv 1989)

GERMANY

```

```
14.2.1984 Case 325/82

17.9.1987 Case 412/85

25.2.1988 Case 427/85

11.5.1989 Case 76/86

18.5.1989 Case 249/86

28.11.1989 Case 186/88

BELGIUM

19.10.1981 Case 137/80

2.2.1983 Cases 68 to

      71/81

```

```
Exemptions from turnover tax
and excise duties on imports
(butter-buying cruises)

Wild birds

Lawyers; freedom to provide

services

Ban on the marketing of milk

subst itutes

Concept of normal housing

conditions

Health controls in

intra-Community trade in

animals, meat and food

preparations

Transfer of pension rights

Failure to transpose four

environmental directives:

titanium dioxide waste

```

```
(A/84/119)

(A/83/56)

(A/84/354)

(A/84/336)

(A/87/281)

(A/87/7)

(A/79/098, A/78/102, A/79/094, A/79/135)

```

```
Fresh Infringement proceedings
(A/85/320)

Fresh Infringement proceedings.

On 5.7.1989 the Commission

decided to send a reasoned

opinion. (A/89/48)

Fresh infringement proceedings

(A/89/367)

Fresh infringement proceedings

The Court delivered a second

ruling on 3.10.1989

(Cose 383/85).(A/84/303)

The Court delivered a second

judgment on 14 January 1988

(Cases 227 to 230/85 (A/84/169

to 172))

```

```
Fresh infringement proceedings.

The Commission has decided to

send a reasoned opinion.

(A/89/167 to 169)

Fresh infringement proceedings
(A/88/291)

Fresh infringement proceedings

Fresh infringement proceedings.
On 20.12.1989 the Commission

decided to send a reasoned

opinion (A/89/356)

Fresh infringement proceedings
(A/89/355)

Fresh infringement proceedings

Fresh infringement proceedings

```

```
12.2.1987 Case 390/85

17.6.1987 Case 1/86

8.7.1987 Case 247/85

24.5.1988 Case 307/86

21.6.1988 Case 283/86

27.9.1988 Case 42/87

11.5.1989 Case 46/88

15.5.1989 Case 52/88

16.11.1989 Case 360/88

```

```
Services incidental to transport (A/85/123)

Discrimination in respect of (A/85/435)
public financing: higher
education not of university

level

Divisions and mergers of public (A/86/129)

limited liability companies

Restrictions on the use of (A/85/447)

edible gelatine

Misleading advertising (A/86/488)

```

```
Securities

Protection of groundwater
against pollution

Wild birds

Technical requirements for
inland waterway vessels

```

```
     - 64 
(A/84/9 to 11)

The Royal Order of 17 September 1987 is
not considered satisfactory by the
Commission (A/84/291)

(A/84/118)

(A/85/202)

```

```
^

^

```

```
FRANCE

3.6.1986 Case 307/84 Discrimination against foreign
                 nurses in access to public
                 hospitals

```

```
27.4.1988 Case 252/85

30.6.1988 Case 318/86

```

```
Wild birds

Equal treatment of men and women
as regards access to employment

```

```
     - 65 
The requirement that a person must be
of French nationality if he is to be
appointed a nurse in a public hospital,
as laid down, at the time the action
was brought, in Article 809 of the
Public Health Code (repealed in
January 1986), was reintroduced
into the Law of July 1983 (new general
staff regulations of officials, which apply
also to hospital staff) which has not been
amended since in this respect.
The Commission's departments have

written to the French authorities with

a view to ensuring compliance with the
judgment. No reply has been forthcoming
(A/82/324)

(A/84/121)

The national rules authorizing separate
recruitment according to sex for
appointment to various civil service
corps hove not been amended, but there
is no evidence to suggest that, since the
judgment, government departments have in
general continued to recruit men and
women separately. [1 ]

```

```
Fresh infringement proceedings.
On 20.12.1989 the Commission

decided to send a reasoned
opinion (A/89/350)

```

```
Two competitions (one external and the other Internal) for the recruitment of police inspectors, to be held at the beginning of March 1989,
were announced in the Revue de la Préfecture de Police de Paris: in the external competition notice, 44 posts ore advertised, including
```

**`11 for women, and in the internal competition notice 20 posts`** _**art**_ **`advertised (including 5 for`** **`women).`** **`This proves that, despite the`**
```
judgment, the system of separate recruitment has been maintained for access to the corps of police inspectors.

```

```
13.7.1988 Case 169/87 Retail selling price of tobacco

                  products

GREECE

```

```
     - 66 
The Commission's departments wrote to

the French authorities on 1 December 1988

with a view to ensuring compliance with

the judgment. A reminder telex was sent on

21.3.1989. No reply has been forthcoming.
(A/84/312)

(A/85/271)

```

```
Fresh infringement proceedings

for partial failure to implement
the judgment (A/88/480)

Fresh infringement proceedings (A/89/165)

Fresh infringement proceedings. The

Commission has decided to send a reasoned

opinion (A/89/047)

Fresh infringement proceedings

The Commission has decided to send a

reasoned opinion. (A/89/165)

```

```
(A/83/39)

(A/84/388) Fresh action brought before
the Court (Case 38/87)

(A/85/265)

(A/86/111)

```

```
3.12.1987 Case 194/84

15.3.1988 Case 147/86

30.6.1988 Case 226/87

14.7.1988 Case 38/87

```

```
Refusal to authorize transfer

of funds in blocked accounts

belonging to EC residents

Teaching ban

Insurance of public property

```

```
Requiring of Greek nationality (A/85/264)
for access to the professions of (A/85/265)

- Iowyer

- architect, civil engineer and

 surveyor

```

```
<7V

```

```
Fresh infringement proceedings

Fresh infringement proceedings

The Court delivered a second
judgment on 5.11.1986 (Case 160/85)
(A/83/175)

The Court delivered a second
judgment on 5.11.1986 (Case 160/85)
(A/83/176)

Fresh infringement proceedings
(Case 71/88) (A/85/17)

Fresh action brought before the Court
(Case 266/89) (A/88/216)

Fresh infringement proceedings. The

Commission has decided to send a reasoned

opinion (A/88/433)

```

```
15.11.1988 Case 229/87

30.5.1989 Case 305/87

6.12.1989 Case 328/88

ITALY

10.11.1981 Case 28/81

10.11.1981 Case 29/81

11.10.1983 Case 273/82

11.7.1985 Case 101/84

20.3.1986 Case 17/85

```

```
Admission to the occupation of (A/79/085)
road haulage operator

Admission to the occupation of (A/79/113)
road passenger transport
operator

Recognition of qualifications of (A/80/41)
goods haulage and road
passenger transport operators

Statistics on domestic goods (A/82/74)
carried by road

Annual accounts of companies (A/82/306)

```

```
Bank charge for checking the
prices of imported goods

Legislation on border regions

Misleading advertising

```

```
    - 67

(A/86/229)

(A/84/182)

(A/86/499)

```

```
The Commission has decided to

bring a fresh action before the
Court (A/87/503 - A/87/502)

Fresh proceedings, for
infringement of Article 171 of
the EEC Treaty: failure to comply
with the Court's findings on the

Commission's second claim

(absence of domestic legislation
requiring employers to inform and
consult workers affected by a
transfer). On 20.12.1989 the
Commission decided to bring a

fresh action before the Court.

(A/87/462)

Fresh infringement proceedings
(A/88/373)

Fresh infringement proceedings.
On 31.5.1989 the Commission

decided to send a reasoned
opinion (A/88/240)

Fresh infringement proceedings.

On 5.7.1989 the Commission

decided to send a reasoned

opinion (A/88/453 - A/88/454)

```

```
30.4.1986 Case 158/85

12.7.1986 Case 235/84

15.10.1986 Case 168/85

27.1.1987 Case 275/85

29.1.1987 Case 364/85

```

```
                       - 68 
Export procedures for Community (A/83/162)
goods (A/83/168)

Employees' rights in the event
of transfer of businesses (A/82/24)

Nationality requirements (A/84/036)
(tourist guides, journalists,
licensed pharmacists)

Release of imported goods in (A/84/183)
stages

Tuberculosis and brucellosis (A/83/256)

Swine fever (A/83/258)

```

```
12.2.1987 Case 69/86 Fruit and vegetables quality

                 control

```

```
Judgment given in action brought under

Article 171.

```

```
Fresh Infringement proceedings

(A/88/456)

Fresh action brought before the

Court (Case 380/89 - A/88/300)

Fresh action brought before the

Court (Case 236/89 - A/88/112)

Fresh infringement proceedings.

On 5.7.1989 the Commission

decided to send a reasoned

opinion (A/89/49)

Fresh infringement proceedings

(A/88/446)

Fresh infringement proceedings

(A/88/445)

Fresh infringement proceedings
On 20.12.1989 the Commission

decided to send a reasoned

opinion (A/89/202 and/203)

Fresh infringement proceedings
On 5.7.1989 the Commission

decided to send a reasoned

opinion (A/88/463)

```

```
10.3.1987 Case 386/85

7.5.1987 Case 184/85

7.7.1987 Case 49/86

8.7.1987 Case 262/85

24.11.1987 Case 124/86

25.11.1987 Case 125/86

2.3.1988 Case 309/86

3.3.1988 Case 116/86

```

```
Swine fever

Consumption tax on bananas

Mutual recognition of

doctors' qualifications

Wild birds

Tax exemptions for permanent

imports of personal property

Exemption from VAT on final

importation of certain goods

Non-Ionic and anionic

surfactants

Bruce Ilosis

```

```
     - 69 
(A/83/259)

The tax is still being charged both on bananas

originating in the Community and on those

originating in non-member countries and in free

circulation in the Community (A/83/136)

(A/84/6)

(A/84/124)

(A/84/421)

(A/84/422)

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

(A/84/316)

```

```
ON

```

```
24.3.1988 Cose 104/86

24.5.1988 Case 122/87

21.6.1988 Case 257/86

12.7.1988 Case 310/86

12.7.1988 Case 326/87

2.2.1989 Case 353/87

21.2.1989 Case 203/87

27.4.1989 Case 324/87

30.5.1989 Case 340/87

11.7.1989 Case 323/87

5.12.1989 Case 3/88

```

```
Importation of medical samples (A/84/188)

Services incidental to transport The Commission's staff are looking
                   into the situation in Italy
                   (A/85/126)

Thermometers (A/86/199)

Movable tangible property (A/86/37)

Extension of VAT exemption for (A/86/68)
earthquakes

Fresh meat (A/85/349)

Charges for services rendered (A/86/114)

during certain opening hours at

customs offices

Excise duty on rum (A/86/83)

Development of computer systems (A/85/446)

limited to Italian companies in

public or State ownership

```

```
Rules of evidence making it
impossible to secure
repayment of national charges
having an effect equivalent to
customs duties

Exemption from VAT of the
services provided by
veterinary surgeons

```

```
    - 70

(A/84/438)

(A/85/209)

```

```
Fresh infringement proceedings
(A/89/357)

Fresh Infringement proceedings
(A/89/429)

Fresh Infringement proceedings
(A/89/428)

Fresh Infringement proceedings
(A/89/362)

Fresh infringement proceedings

Fresh infringement proceedings
(A/89/664)

Fresh infringement proceedings
(A/89/540)

Fresh infringement proceedings

Fresh infringement proceedings

```

**< S ^**

```
NETHERLANDS

26.3.1987 Cose 235/85

17.9.1987 Case 291/84

31.5.1989 Case 43/88

```

```
Tax status of notaries and

sheriffs' officers

Protection of groundwater

Compulsory affiliation of

exporters of agricultural

products to a supervisory agency

```

```
    - 71 
(A/83/153)

(A/83/71)

(A/86/137)

```

```
Fresh infringement proceedings.

On 29.11.1989 the Commission

decided to send a reasoned

opinion (A/88/337)

Fresh infringement proceedings.

On 5.7.1989 the Commission

decided to send a reasoned

opinion (A/88/532)

```

```
V

```

**-V**

```
                    -72
                   NO 11

KEVOTOF SICNIFIGANT JTJJXMEOTS OP NAIKWAL COORrS OP FINAL INSTANCE

1. As observed by the Commission in its previous reports, the reviews of
national court judgments available to it show that the courts and tribunals
of the Member States do in general apply Gooraraunity law.

2. First, as regards Article 177 of the Treaty, in 1989 the national courts
continued to refer to the Court of Justice for preliminary rulings in cases
where difficulty arose concerning the interpretation of a given Ccamomunity
rule or the validity of a Community instrument.

Between 1 January and 31 December 1989 the Court was asked to give 139
preliminary rulings. This is lower than the total of 179 references
recorded in 1988, but quite close to the 1987 figure of 144.

The table below, which provides a breakdown of references by State and by
type of court, reveals considerable disparities between the Member States
as regards the application of Article 177. However, in contrast with
1988, when no request for a preliininary ruling was received from Greece,
Ireland or Portugal, in 1989 requests were received from all the Member
States.

```

```
Belgium

Denmark

France

Germany
Greeoe

Ireland
Italy
Luxembourg
Netherlands
Portugal
Spain
United Kingdom

```

```
      -73
Total references

    13 (32)*
     2 (4)
    28 (37)
    47 (34)
     2 (-)
     1 (-)
    10 (28)
     1 (2)
    18 (25)
     1 (-)
     2 (1)
    14 (16)

```

```
References by
courts of final

instance

 - (1)
 1 (2)
 1 (4)
22 (8)

 - (-)
 1 (-)
 1 (-)
 1 (2)
15 (16)

  (-)

  (-)
 2 (2)

```

```
* 1988 figures in brackets

3. In analysing the rulings of the highest national courts for the purposes
of this report, the Commission has been greatly assisted by the
documentation produced by the Court of Justice of the European Communities.
The Court's documentation departments have devised a system for monitoring
all judgments and decisions of the courts in the Member States which relate
to the application of Community rules or make reference to them.

Analysis of the judgments referred to below leads to the conclusion that
over the years Community law has continued to have a real impact on
domestic legal systems. The last traces of resistance to the actual
principle of the primacy of Community law are vanishing, and awareness of
the need to apply Ctaranunity rules, irrespective of the nature of the
proceedings or the stage they have reached, is increasing.

```

```
                    -74
4. Clearly, this does not mean that the national courts have applied
Community law correctly in every case. And it should be pointed out that
while the systematic consultation of databases containing the judgments of
national courts does make it possible to identify decisions involving the
application of Community law - whether correot or incorrect - it does not
lend itself to identifying judgments where no mention is made of a
particular Community rule which should have been applied.

That said, the Commission's analysis has shown no instance of national
supreme courts having given judgments inconsistent with Community law.

5. In last year's report, reference was made to an infringement proceeding
brought against France concerning a judgment by the Cour de Cassation
upholding a lower court's ruling which was contrary to Ctooonmunity rules.
This case is likely to be settled shortly following discussions between the
French authorities and the Commission.

6. The following judgments by national supreme courts are noteworthy
examples of the application of tonmunity law in the Member States.

CONSEIL D'ETAT (FRANCE)

Decision of 20 October 1989 - ELcolQ. - 108423

As stated by the Commission in its appendix ("The attitude of national
supreme courts to Community law") to the sixth annual report to Parliament,
one of the last remaining major difficulties encountered in the application
of Community law by national courts of- final instance lay in the refusal of
France's Conseil d'Etat to recognize the primacy of Community rules over
subsequent national law.

```

```
                    -75
The Conseil d'Etat (the supreme administrative court) maintained the
position set out in its decision of 1 March 1968 in Syndicat General des
Fabricants de Semoules de France: it was not for it to rule on the validity
of a law in relation to any other legal act, so laws inconsistent with
Community rules which had entered into force at an earlier date were to be
applied.

Again recently, the Conseil d'Etat ruled that a party could not validly
niacin that the judgment challenged ignored the terms of Articles 30 and 34
of the Treaty of Rome, because it had been delivered on the strength of the
Act of 21 July 1983, i.e. after the entry into force of the said Treaty
```

**`(Decision of 27 April 1988, Société`** _**B P ™^**_ **`f^-r^tr,`** **`No`** **`63712).`**

```
It should be borne in mind, however, that the Conseil d'Etat's holding
related only to statutes (so not to legislation in the form of regulations)
and, moreover, only to statutes enacted after the pertinent Community
legislation. It should also be borne in mind that, as early as 1975, the
Cour de Cassation, which is the supreme court in the judicial, hierarchy,
had acknowledged the primacy of the EEC Treaty over national law, even
where the latter had been enacted after the Treaty.

This is the background against which the Conseil d'Etat delivered its
ELcolû decision on 20 October 1989, whereby it decided to examine the
compatibility of rules defined by an Act of 7 July 1977 with Article 277(1)
of the Treaty establishing the European Economic Community.

An action was brought before the court seeking to have the elections to the
European Parliament of 10 June 1989 declared void on the grounds that they
had been vitiated by the participation of French nationals from the
overseas departments and territories and by the inclusion of a number of
such nationals in the lists of candidates.

```

```
                    -76^

In HifmiasrtTTg the action, the Conseil d'Etat quoted the terms of Article
227(1) of the Treaty of 25 March 1957 establishing the European Eoonomio
Community ("This Treaty shall apply to ... the French Republio ... ") and
stated that the rules at issue, as defined by the Act of 7 July 1977, which
stipulate that "the overseas departments and territories shall form part of
the single electoral constituency" are not inoonsl stent with the
unambiguous terms of Article 227(1) of the Treaty.

T M « decision constitutes a major reversal on a principle of fundamental
relevance to the application of Community law.

It needs to be said, however, that the decision relates to the priiaacy of
the Treaty itself, which in the case in point was all that was at issue.
It is to be hoped, none the less, that the Conseil d'Etat will take the
same view in respect of secondary legislation and acknowledge the primacy
of Community directives and regulations over subsequent national
legislation.

Lastly, it is interesting to note that earlier in the year (on 3 February)
the Conseil d'Etat, in its AHfa.Ha. judgment, had established the
possibility of challenging the legality of a regulatory measure beyond the
time limit for appeal on grounds of misuse of power and without any
objection of illegality being raised by recognizing the right to bring an
action asking the court to find against the administration for failure to
adopt, within the time allowed, the amendments to the regulations which are
required in order to ensure the application of Community directives.

HXTSE OF LORDS (UNITED K D O X H )

Judgment of 18 May 1989 - FfVTtortfltme ™^1trfl1

Under a hitherto sacrosanct rule of common law, the courts may not, for the
purposes of interim protection, grant interim injunctions against the
Crown.

```

```
                    -77
In a judgment delivered on 10 March 1989, the Queen's Bench Divisional
Court, to which application had been made to have that part of the Merchant
Shipping Act 1988 which imposes strict conditions on the registration of
fishing vessels as British vessels declared incompatible with Ctooonmunity
law, referred to the Court of Justice for a preliminary ruling on the
substantive issues and granted an injunction disapplying the operation of
the legal provisions challenged pending the outcome of the reference. This
injunction was set aside by the Court of Appeal.

On 18 May the House of Lords, to which the case had been appealed as the
court of final instance, ruled that as a matter of English law there was no
jurisdiction to grant interim relief against the Crown. But it also
adjourned further consideration of the appeal and made its own separate
reference to the Court of Justice for a preliininary ruling on the question
whether Community law either obliges the national court or gives it power
to grant interim protection of rights claimed under Community law having
direct effect in national law with respect to a national measure which, if
applied, would automatically deprive the party cxjncerned of the rights
claimed.

This important decision opens up the possibility of a break with the
principle whereby courts may not grant interim protection of rights claimed
by suspending the operation of a national measure adopted by central
government.

The Commission will propose to the Court of Justice that it reply to the
reference in the following terms: the obligation laid upon national courts
to apply Community law having direct effect and to protect the rights which
it confers on individuals includes the obligation to consider whether
interim protection of rights claimed against the authorities has to be
granted in order to prevent irremediable damage being suffered and to grant
such interim relief as may be appropriate.

```

```
                   -78
OCKJR DE CASSATION. CHAMBRE COMMERCIALE (FRANCE)

10 July 1989 - Bodson y Société des Pompes Fonàbrofi - Mo 85.10.727

In a judgment given on 10 July 1989 the Chambre Commerciale of the Cour de
Cassation overruled an appeal court's interim order prohibiting a firm from
engaging in any activity forming part of "external services" for funerals
on the grounds that an exclusive concession had been granted by a local
authority to another firm.

The higher court held that it was for the court below to ascertain whether
the situation at issue was manifestly unlawful under Article 86 of the EEC
Treaty by seeking to determine whether the firm holding the concession
occupied a dominant position and had abused that position, and that the
court making an interim order could not refer this task to the court
deal 1 ng with the substance of the case.

The value of this decision must be seen in the light of the major
developments which have taken place in France as regards the
procédure de référé, which makes it possible to obtain a very rapid but
interim judicial decision in cases where the obligation invoked cannot be
seriously challenged or where a manifestly unlawful situation hag to be
brought to an end.

The judgment of the Cour de Cassation signalled to the court that had made
the interim order that, although it was not deliberating on the substance
of the case, it was responsible for determining whether the legal situation
before it was iiicompatihle with Community law and, if so, for ending the
manifestly unlawful situation constituted by such an infringement.

```

```
                    -79
CXJNbTlTUTlONAL COURT (IïALï)

Judgment No 389 of 11 July 1989

This judgment is of interest first because it follows on from the judgment
given by the Court of Justice on 14 January 1988 in Case 63/86
Commission ^ T-haiy [1988] EGR 29, and second because it affords the
Constitutional Court an opportunity to clarify its rulings in the matter of
the relationship between Community law having a direct effect and national
law.

In Case 63/86 the Court of Justice declared that Italian legislation
restricting the right to purchase or lease subsidized housing and to obtain
reduced-rate mortgage loans to Italian nationals was iiKîomrpatihle with
Articles 52 and 59 of the EEC Treaty.

To comply with the Court of Justice's judgment, the Italian Government
adopted a special measure making it clear to the regions and autonomous
provinces, which have exclusive powers in this field, that they are obliged
to treat all Community national s equally. This resulted in a conflict of
jurisdiction which was raised before the Constitutional Court by the
autonomous province of Bolzano.

The Constitutional Court adopts a clear position on a number of points.

While confirming its previous rulings finding that a Community provision
having direct effect must be applied in accordance with the interpretation
given by the Court of Justice under Article 177 of the EEC Treaty, the
Constitutional Court extends its view specifically to judgments under
Article 169 of the Treaty, where the decision of the Court of Justice,
though delivered in a different context, has the same characteristics as a
ruling giving an interpretation of Community law.

As regards the relationship in the national legal order between Community
rules having direct effect and incompatible national provisions, the
ODnstitutional Court:

```

```
                    -80
a. reiterates its position on the autonomy of and coordination between the
  two legal orders and on the primacy of Community law;

b. specifies that this primacy serves to render the incompatible national
  provision liiapplloahle but not to rescind or cancel it;

c. states (for the first time in such explicit terms) that all those
  responsible in the national legal order for enforcing laws (whether it
  be the courts or the administration) are legally bound not to apply
  domestic measures which are incompatible with Community law;

d. stipulates, however, that this does not release Member States from the
  obligation to rescind or amend those measures to bring them into line
  with Community law; from the point of view of the national legal order
  this requirement is a matter of certainty in the law, and from the point
  of view of Community law it serves as a fundamental guarantee of
  compliance with the principle of primacy, establishing a specific
  obligation on the Member States which does not admit of any exception.

This judgment is to be seen as consistent with the way in which the case
law of the Italian Constitutional Court has progressed towards full
acceptance of the principles defined by the Court of Justice.

Most of these principles had already been recognized in the past (up to the
milestone judgment No 170 of 1984), but judgment No 389 does offer a number
of extremely useful and significant clarification.

```

```
         N° Hi STATISTICS UiM COHPLAINTS (C) -AND INFRINGEMENTS DETECTED BY THE COMMISSION'S OWN INQUIRIES (I)

```

B D DK E F 6B GR IRL IT L NL P TotaL

        - C • i C 1 C I C I C I C I C I C I C I C I C I C I C I
S.G. 1982 - - 1 - - - - - -i - - - - - - - - - - - 2 1 9 8 8 - - -    -    - "    -    - 1    - "    - ~    -    -    -    -    -    -    -    -    -,    -    - -,    -,
1 9 8 9 - - -    - "    - "    - " "    -    - "    - r    -    -    -    -    - _    -    -    

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

1985    -    - 1 1    -    -    -    -    -    - 1    -    -    -    -    -    -    - 7

1986    -    -    - 2    - 1    -    -    - 1    -    -    -    -    -    -    -    -    -    -    -    -    -    -    - J

1 9 8 7 1988       - . _1       - T -1       -       -       -       -       -       -       - 1 -       -       - 2 -       - 1 1       - - 11       -       -       - 1 "       - 2 1       -       -       - 1       -       - 11 -- " 1 " 1 13 A

1985    -    -    -    -    -    - _ _ _ 1    -    -    -    -    - 1    -    -    -    -    - _d_
1987    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    - 3    -    -    -    -    - 1    - A
1988    -    -    -    -    -    -    -    -    -    -    -    -    - _    -    -    -    1 9 8 9 - - -    -    -    -    -    -    - "    - "    -    -    -    -    -    -    -    -    -    -    -    

DG.I 1982 - - - - - - - 4 2 - - 2 - - 2 1 - - - 1 A 8
1983    -    -    -    -    - 1 1 6 1 2    - 2    - 1 2 1    -    -    -    - A 13

1984    -    -    -    -    -    - 2    -    -    - 5    -    - 1 2    -    -    -    - 1 9
1985    - 2    - 1 1    -    -    -    - 1    - 1    - 3    - 2    -    - 1 10
1986 1 1    -    -    -    - 1    - 1 "    - " 2 1    -    - 6    -    -    -    - 1    -    - 1 1 3
1987 1    -    -    -    -    -    -    - 1    -    -    - 1 1    -    - A    -    -    -    - 2    -    - 7 3
1988    - 1    - 2    -    -    - 1 1    -    -    - 1    -    -    - 1 1    - 1    -    -    -    - 3 6
1989    -    -    -    -    - _ i i    -    -    -    -    -    -    - 2    -    -    -    -    -    -    - 3 1

DG.II 1982 - - - - - - _ _ _ _ _ 3 - - - - - - - - - 3
1983    -    -    -    -    -    - _ i    -    - 2    -    -    -    -    -    -    -    -    - 2 1
1984    -    -    -    -    -    -    -    -    - 2 1    - 1    -    -    -    -    -    - 2 2
1985    -    -    -    -    -    - 1 _ _ _ 1    -    -    - 1    -    -    -    -    - 3
1986    - 1    -    -    -    - 1    -    -    -    -    - 1    -    -    - 1    -    - 1    -    -    -    - 3 2
1987 _ _    -    - _ _ _    - i    -    -    - 1 _ _    - i    - _ _    - _ _ _ 3
1 9 8 8 - - -    - 1    - 2    -    -    -    -    - 3    -    -    -    -    - _    - _ _ 1 2 7 2
1 9 8 9 - 1 -    - 1    -    -    -    -    -    -    - 2 1    - 1    - 1    - 1 _    -    - _ 3 5

**DG.** **1982** 12 2 **11** **4** **A** - 69 **13** **18** **6** **31** **5** **10** **1** **27** **7** **A** - **11** **3** **197** **41**

**I I I** 1983 13 5 **13** 5 2 - 67 21 **14** 7 **47** **11** **11** - **22** **14** - **3** **8** **4** **197** **70**

**198*** 5 5 11 7 6 1 53 14 **14** 3 **64** 10 **4**    - **65** 7 **1** **1** **3** **3** **226** **51**

1985 13 3 30 6 10    - 56 11 22 **4** 123 2 6 **3** **62** **6** **2** **3** **4** **6** **328** **44**

1986 13 8 31 4 5 2 106 7 61 18 10 **4** 57 2 7    - **35** **6** **3** **2** **12** **4** **18** **3** **358** **60**

1987 5 4 75 10 5 93 6 64 18 12 6 23 4 11 3 **46** 3 2 1 9 6 14 5 359 66

1988 18 4 52 7 9 6 289 10 89 22 15 10 29 5 5 **3** **60** **20** **3** **5** **9** **2** **22** **3** **597** **97**

1989 21 10 52 10 5 7 63 **13** 61 **13** 15 1 **38** **9** 3' **4** **59** **5** **5** **6** **12** **5** **16** **5** **350** **88**

**DG.IV** 1982 5 2 3 - 1 1 **4** **2** **2** 1 - - 1 2 - 1 - - 1 - 17 9
1983 2 2 1    -    -    - 4 6 1    - 2    -    -    - 1    -    -    - 7    - 18 8

1984 1    - 3 1    -    - 3 1    -    - 1 2    - 1    - 2    -    - 1    - 9 7

1985 2    -    -    -    - 1    -    - 1    - 2 2    -    -    - 1    -    -    -    - 5 4

1986 2 1 2    -    -    - 2    - 2 2 1    -    - 2    -    - 1 1    - 1    -    - 1    - 11 7

1987    -    -    - 2    - 1 1 2 3 1 1    - 1    -    -    -    - 2    -    - 1    - 2    - 9 8

1988    - 2 2    -    -    -    - 2 1 2 1    - 1 5 1    -    - 1    -    - 1 1 2 2 9 15

1 9 8 9 - 1 1 1    - 1 1 1 3    - 1    -    -    -    - 1 1    -    -    - _    -    -    - 7 5

**DG.V** 1982 1 3 1 - - - 2 - 2 - - - 1 - - 1 - - " - 7 4

1983 5 1 6 1 2 1 1 2 1    -    - 1    - 5 1    - 2 2 1 24 8

1984 6 3 2    - 2    - 7 3 1 2 1 1 1 1 4 1 1 1 3    - 28 1

1985 5 5 3    -    -    - 3 3    - 1    -    -    -    - 3 1    -    - 2    - 16 10

1986 8 8 4 7    - 3    - 2 4 10 1 3    - 3    - 3 4 6    - 2 3 4 1 2 25 53
1987 2 2 3 4    - 1 2 1 7 4 1 4 1 1 1 1 4 2 2 2    - 6    -    - 23 28

1988 8 8 4 7 2 1 1    - 8 4 4 1 2    - 1 1 2 1 1 2 1 4    -    - 34 29

1989 6 10 10 11 1    -    - 3 22 9 7 10 3 3 1    - 5 8    -    - 2 5 2 2 59 61

DG.VI 1982 3 2 7 4 1 1 17 4 11 2 12 11 2 - 18 3 - 1 1 1 72 29

1983 2 3 7 7 2 4 30 7 9 9 30 8 6 4 20 10 1 3 2 5 109 60

1984 3 11    - 4 2 28 5 18 1 66 2 1 1 23 6    - 1 11 1 **162** 22

1985 2 8 5 7 2 4 28 9 17 3 49 7 5 4 32 8    - 5 2 3 **142** 58

1986    - 3 20 6 2 2 10 1 21 20 10    - 34 4 5 1 20 9 1 2 2 4 8 1 **131** 53

1987 8 1 19 4 2 2 17 2 31 5 14 1 29 1 16    - 37 5    - 1 4 4 8 2 185 28

1988 4 1 16 8 3 2 20 2 26 4 10 1 47 1 6 1 18 5    - 2 11 4    - 1 **161** 32,

1989 7 2 26 4 2    - 18    - 31 4 16 5 24 2 9 3 54 4    - 2 2 3 9    - **198** 29

OG. 1982 - - - - - - 1 _ _ _ 1 _ _ _ _ _ _ - - - 2

V I 1 1 9 8 3 1 - - - - - 2 - - - 2 - - - - - - - - - 5
1 9 8 4    -    -    -    -    -    - _ _ _ _ 1    -    -    -    -    -    -    -    -    - 1

1985    -    - 2    -    -    - 1    -    -    - 3    -    -    - 1 1    -    - 1    - 8 1
1986 1 2    - 2 1    -    -    - 3 6    -    - 2    -    - 1 4 4    -    -    -    -    -    - 1 1 15

1987 1 1 3 1    -    -    - 1 3 2    -    -    - 1    -    -    - 1    - 1    - 1 3    - 1 0 9

1988    - 3 1 3 2 1 2 2 2 3 1 1 1 2 1 1 1 1    -    -    - 1    - 1 11 19

1989    - 1 2 1    -    - 1 1 1 3    - 1 2 **2** **-** **1** **2** 5    - 1 **2** **1** **1** **1** 11 18

**DG.** **1982** - - - - - - - - - - - - - - **1** - - - - - **1**

1984    -    -    -    -    -    -    - _    -    -    - 2    -    -    -    -    -    -    -    - " 2
1985    -    -    -    -    -    - _ _ _ _ _ 1    -    -    -    -    -    -    -    -    - 1
1 9 8 6 - -    - 1 "    -    - ~    -    -    -    -    -    -    -    - _ _    -    - _    -    -    -    - **T**

**DG.IX** 1982 - 1 - 3 - - _ 1 - _ - - r - - - - - - - - 5
1984    - 2    -    -    -    -    -    -    -    -    -    -    -    -    -    -    - 1    -    -    - 3

1985 1 5    - 1    -    -    -    -    -    -    -    -    -    - 1    -    -    -    -    - 2 6

1988 1 1    -    - 1    - 1 "    - 1    - "    -    -    -    - _ _    -    - _ i    -    - 3 3
1 9 8 9 - 1    -    -    -    -    - "    -    -    -    -    -    -    -    - _ _    -    -    - <|    -    -    - 2

**OG.XI** 1982 1 - 1 - - - 4 - 1 - - - 1 - 2 - - - - - 10

1983 1    - 1    - 1    - T    - 1    - 1    -    -    - 1    -    -    - 1    - 8
1 9 8 4    -    - 1 2    -    - _ _ 2    - 2    -    -    - A    -    -    -    -    - 9 2
1985    - 1 3 1 1 1 3 2 1 1 3 1 A    -    - 1 2    -    -    - 3 1 37 10

1986 7 3 6 6 1 2 5    - 44 5 32    - 53 3    - 5 13 3    - 2 2 3 2    - **165** 32

1987 4 3 14 6 4 3 29 4 16 1 30 3 17 3 9 1 16 6    - 5 4 1 7 2 **150** 38

1988 6 3 35 3 5 1 51 4 36 2 31 7 13 2 12 2 15 3 1 1 2 5 9    - **216** 33

1989 18 3 36 8    - 1 91 10 43 6 192 9 24 11 24 6 22 7    - 3 5 2 10 2 465 60

XIV 1983 - - 1 - - 2 - 1 1 1 - - 1 - - - - - - - 2 3 6

1984    - 1 1 2    - 1    - 2    - 1 1    - 1 1    -    -    -    -    - 2 3 10

1985    - 2    - 1    - 3    - 6    - 3    - 1    - 4    - 2    -    -    - 4    - 2 6

1986    - 2    - 1    - 2    -    -    - 7    - 1    -    -    - 4    -    - 1    -    - 6    - 1 1 2 4

1987    -    - 1    -    -    - 4    - 1    - 4    -    -    - 4    -    -    -    -    - 2    - 2    - **18**

1 9 8 8 - -    - 1    -    -    - 1    - 2    - 2    - _ _    -    - _ _ _ _    -    -    -    - 6
1989    - 1    - 1    - 1 1 3 1 1 6 1    - 1 1 1    - 1    -    -    - 3    - 1 9 15

DG.XV 1982 - - 1 - 1 4 1 2 - 11 9 2 1 3 - 1 - - - 25 11

1983    -    - 2 1 1 2 5 2    - 1 2 1    - 2    -    - 1    -    - 2 11 11

1984 2 4 5 1 1 9 2    - 3 3    - 2 1 4 1    -    - 1 1 27 13,

1985 2 1    - 2 1 1 10 8 3 5 5 5 4 4 1 8 1 1 2 1 29 36

1986    - 1 1 3 1    -    -    - 1 1    -    -    - 2    - " " 2 1    -    - 2    -    - A 11

1 9 8 7 - - 2 1    -    -    -    -    -    - 2 1    - 1    -    - 2 1    -    - 1    - 1    - 8 A

1988    -    - 5    - 1    - 2 2 5 1    - 1    -    - 3    -    -    - 1    - 1    - 1    - 19 A

1989 3 1    - 1 1 1 3 1 3 1 1 2 3    - 2 1    - 1    - 1 1    -    -    - 17 10

XVII 1983 -  -  -  -  -  - _  -, _ .  -  - _  -  - 1 1  -  -  - l _d_
1984     - 1     -     -     -     -     - _ _ 2     -     -     -     -     -     -     -     -     - " _*_

DG. 1983 -  -  - 1  -  - _ 1  - 1  -  -  - 1  -  -  -  -  -  -  - 4

XIX 1984 -  -  - 1  -  -  -  - ' " ' 1 ~ ~ ~ ! " ~ " I " i 7
1985     - 1     - 1     - 1     - 1     - 3     -     -     -     -     - 5     -     -     - 2 14
1986     - 1     - 3     - _     -     - _ - ! _     - i     -     -     -     -,     - 2     -     - " " " " " 7 c
1987     -     -     -     -     -     -     - 1     - 1     -     -     -     -     -     -     - 2     -     -     -     -     - 1 " 5
1989 1988     -     -     -     -     - 1     - 1     -     -     -     -     -     - 1 3 _     - _ 2     -     - 2     -     -     - 1     -     -     -     - 2     -     - 3 2     -     -     -     -     - ~ 1 : ~     - : 1 " ~ 1 «: 1

DG. 1982  -  - 6 1  -  - 2  -  - 1 A " " " " " " " 7 " _]l_ _I_
XXI 1983  - 1  -  -  - " 5 3  - 1 8 1  - 1 1 1  -  - 1 1 15 9
(Customs 1 9 8 A _ _ _ _ . - 1 1 - - 3 - - - 1 1 - - - - 5 _d_

_(r_ T " 1985 3 2 1 3 6 1 3 1 1 3 3 2 1 1 1 2 - 2 - 2 13 19
C C L & 1986 3 - 4 3 3 1 10 3 26 2 3 2 5 6 2 1 8 - 5 - - - 2 1 71 19
_XV/B)1987 6 3 4 3 5 2 11 6 16 3 4 3 8 8 1 5 31 1  - 1 3 3 4 6 93 44
1988 12 3 1 3 11 1 6 6 10 4 4 6 10 5 1 1 11 7 1 2 1 3 8 3 76 38
1989 7 2 2 1 7 1 6 4 19 8 9 2 6 8 1 2 10 2     - 1     - 1 6 5 73 37

1982 22 10 31 12 7 2 106 25 39 10 59 30 17 4 53 13 5 1 13 5 352 112

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

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

1985 28 31 45 24 14 12 106 41 55 26 200 22 16 18 104 38 3 13 1A 19 585 2AA

1986 35 31 68 38 13 13 135 13 163 73 57 11 15A 23 12 16 92 33 10 10 20 2A 32 8 791 293

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

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

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

```
                      - 85 
                       ANNEX A

            Infringements of the Treaties and of Regulations

                       Contents

                                              Page

External relations °^

Economic and monetary policy 88

Internal market and industrial affairs 38

Competition 94

Employment, social affairs and education 95

Agriculture 96

Transport 100

Adninistrative questions 100

Envi ronment 101

Fisheries 101

Financial institutions and taxation 103

Budgetary questions 103

Customs union 104

Indirect taxation 105

```

_Li'?,at ban<_

l _h<:_ indication of the legal basis provided here is derived from the document number in the Celrx daia

base, ulnc-i is iLsrlf derived from the act's own original number, it is made up as follows:

— onr figure identifying the documentary sector (e.g. I = Treaties establishing the Communities, etc.),

— tv.o figures identifying the reference \car (year of publication, signature, etc ),

— one or r* o letters identifying the legal form (eg E (in sector l) = EEC Treaty),

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

Example : 3 80 R _2\AA_

Sector 3: secondary legislation

Year of publication

Regulation

Regulation No 2144/80

**- 86 -**

Sector Form

1 TREATIES ESTABLISHING T H E C O M M U N I T I E S ;
A M E N D I N G AND ACCESSION TREATIES

A Euratom Treaty

B Accession Treaties for Denmark, Ireland, Norway and the United Kingdom

E EEC Treaty

F Merger Treaty

Treaty amending certain budgetary provisions

H Accession Treaty for Greece

K ECSC Treaty

R Treaty amending certain financial provisions

Treaty amending certain provisions of the statute of the EIB

G Greenland Treaty

2 LAW RESULTING FROM C O M M U N I T Y EXTERNAL RELATIONS

A Agreement* with non-member countries

3 SECONDARY LEGISLATION

B Budget

C Censure

D Decisions (except FCSC Decisions of general scope)

L EEC and Euratom Directives

ECSC recomendations

R EEC and Euratom Regubtions

ECSC Decisions of general scope

X Other acts (resolutions, opinions, etc.), published in OJ *L' scries (or old
single scries)

Y Other acts published in OJ ' C series

I

4 | COMPLEMENTARY LEGISLATION
i
A ! lnt ra-Community Agreements

D | Decisions (of the representatives of the Governments of the Member Sine)

X Other acts published in OJ "L" series (or old single series)

Y Other acts published in OJ ' C scries

5 P R E P A R A T O R Y D O C U M E N T S

PC Commission proposals

AP EP Opinions (consultation)

IP EP Opinions (own-initiative)

AC ESC Opinions (consultation)

IC ESC Opinions (own-initiative)

CC Opinions of the Court of Auditors'

BP Acts.preparatory to the budget

**- 87 -**

Sccior Form

6 CASE-LAW OF T H E C O U R T O F JUSTICE

B Observations

C Opinions of the Advocate-General

J Judgments

O Orders

S Attachment orders

T Third party proceedings

V Opinions of the Court of Justice

X Other acts

9 PARLIAMENTARY QUESTIONS

E Written questions

H Questions arising during Question Time

O Oral questions

P Petitions

_Note:_ Sectors planned

7 — National implementing measures.

8 — National case-law.

iC — Academic writing

```
 N.B. A/../...

     (A/../...)

```

```
E.g.: A/83/039
     (A/88/480)

```

```
European Court judgment of 3.12.87

```

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

implement the Court's judgment in infringement

procedure A/83/039.

```

```
Sector Legal basis Inf. No.

```

```
        - 88 
Member State Subject Stage of proceedings

```

```
External relations 374D0393

```

```
A/88/371 GREECE

A/83/039 GREECE
(A/88/480)

```

```
A/88/480

A/81/268

A/82/004

```

```
GREECE

DENMARK

GREECE

```

```
Economic and

monetary policy

```

```
180H052

180H052; 157E171

```

```
A/83/021

A/83/043

A/83/101

```

```
ITALY

GREECE

BELGIUM

```

```
A/82/005 GERMANY

```

```
Delay In notifying a draft GreeceThailand cooperation agreement

Refusal to authorize transfer of suis

credited to blocked accounts of

residents of Member States

idem

Packaging for beer and soft drinks

Provisions establishing that only
malt-based beers may be sold

Ban on the sale of beers not brewed

solely from malted barley

Restrictions on imports of vermouth

Refusal to grant import licences for

codeine

```

```
•s

N.

```

```
Internal market and 157E030

Industrial affairs

            157E030

            157E030

            157E030

            157E030

           157E030

           157E030

           157E030

           157E030

```

```
A/82/051

A/82/316

```

```
GERMANY

BELGIUM

```

```
A/82/320 UNITED KINGDOM Refusal to grant Import licences for

                 codeine

```

```
Reasoned opinion

Reference to the Court of Justice

Case 194/84

Judgment 3.12.1987

Letter of formal notice

Terminated

Reference to the Court of Justice

Case 176/84

Judgment 12.3.1987

Reference to the Court of Justice

Case 178/84

Judgment 12.3.1987

Terminated

Reasoned opinion

Reasoned opinion

Terminated

Withdrawn

Reference to the Court of Justice

Case 249/88

```

```
Restrictions on beer Imports

Limitation of profit margins on certain
products

Prices of pharmaceutical products

```

89

```
Sector Legal basis Inf. No. Member State

```

Subject Stage of proceedings

Internal market and 157E030

Industrial affairs
(cont'd)

157E030

```
            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

           157E030

           157E030

```

```
A/83/172

A/83/183

A/83/224

A/84/256

A/84/258

A/84/266

A/84/354

A/85/028

A/85/119

A/85/138

A/85/146

A/85/211

```

```
Reference to the Court of Justice

Case 263/85

Reference to the Court of Justice

Case 179/85

Judgment 4.12.1986

Withdrawn

Withdrawn

Reference to the Court of Justice

Case 249/88

Terminated

Reference to the Court of Justice

Case 76/86

Judgment 11.5.1988

Reference to the Court of Justice

Case 56/87

Judgment 9.6.1988

Terminated

Terminated

Terminated

Terminated

```

```
ITALY

GERMANY

FRANCE

FRANCE

BELGIUM

DENMARK

GERMANY

ITALY

ITALY

BELGIUM

FRANCE

ITALY

```

```
Grants for the purchase of buses and

trams

Packaging of "pétillant de raisin'

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

Import declaration required for certain

products

Reimbursement of the cost of proprietary
medicinal products

Packaging of beer and non-alcoholic
beverages

Marketing of milk substitutes

Prices of pharmaceutical products and

medicines

Difficulties in importing Belgian beer

Obstacles to the import of liquid manure

Parallel Imports of antiparasitics

Marketing of beer

```

```
Sector Legal basis Inf. No.

```

```
       - 90 
Member State Subject Stage of proceedings

```

```
Internal market and 157E030; 157E052;

Industrial affairs 157E059

(cont'd)

            157E030

            157E030; 157E005;

            157E085

            157E030; 157E059

            157E030

            157E030

            157E030

            157E052; 157E059

            157E030; 157E086

            157E090; 157E092

           377L0062

           157E030

           157E030

           157E030

```

```
A/85/230

A/85/269

A/85/272

A/85/291

A/85/357

A/85/367

A/85/447

A/85/466

A/85/500

A/86/006

A/86/040

```

```
Reasoned opinion

Reasoned opinion

Reasoned opinion

Terminated

Terminated

Reference to the Court of Justice

Case 55/89

Reference to the Court of Justice

Case 52/88

Judgment 11.5.1989

Reference to the Court of Justice

Case 3/88

Judgment 5.12.1989

Reference to the Court of Justice

Case 274/87

Judgment 2.2.1989

Terminated

Reference to the Court of Justice

Case 249/88

```

```
FRANCE

FRANCE

FRANCE

GERMANY

BELGIUM

ITALY

BELGIUM

ITALY

GERMANY

FRANCE

BELGIUM

```

```
Preference given to SFP television
productions

Refusal to grant Import licences for

codeine

Book prices

Inland waterway scrapping premiums

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

Denaturing of oilseed refining
by-products

Restrictions on the use of gelatin in
certain food products

Installation of data-processing systems

reserved for Italian state-owned

companies

Difficulties in the import of pate

Obstacles to the import of soft drinks

Pharmaceutical prices;
government/industry agreements

```

```
LP

```

```
N.

S.

```

```
 Sector Legal basis

Internal market and 157E034

Industrial affairs

(cont'd)

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

           157E030

           157E030

           157E030

           157E030

           157E030

```

```
A/87/055

A/87/099

A/87/154

A/87/297

A/87/311

```

```
               - 91 
Inf. No. Member State Subject Stage of proceedings

```

```
A/86/103 FRANCE Rules on the disposal of waste oils

A/86/104 UNITED KINGDOM Obligation to indicate the origin of

                 imported products

```

```
A/86/234 BELGIUM

A/86/518 GERMANY

A/87/046 GERMANY

A/87/049 SPAIN

A/87/054 FRANCE

```

```
 Import licence for lubricants

originating in Germany

Amendment of the German law on

foodstuffs following the Cassis de Pi Ion
Judgment

Introduction of standards for asphalt

membranes

Registration of Imported second-hand

vehicles

Imported TV sets required to have

Per I te I socket

Ban on the use of methanol as a solvent

Marketing of butter: packaging

Ban on the sale of pétI liant de raisin
In champagne-type bottles

German rules on Leichtomofa light mopeds

Obstacles to the import of biscuit and

chocolate products

```

```
Terminated

Terminated

Terminated

Reasoned opinion

Reasoned opinion

Terminated

Terminated

Reference to the Court of Justice

Case 176/89

Terminated

Reasoned opinion

Terminated

Reasoned opinion

```

```
ITALY

ITALY

ITALY

GERMANY

SPAIN

```

```
\

s.

\

```

```
Sector Legal basis Inf. No.

```

```
    - 92 •

Member State Subject Stage of proceedings

```

```
IS*

FN)

```

```
Reasoned opinion

Reference to the Court of Justice

Case 235/89

Terminated

Terminated

Reference to the Court of Justice

Case 287/89

Reasoned opinion

Reasoned opinion

Terminated

Reasoned opinion

Reasoned opinion

Reasoned opinion

Terminated

Reference to the Court of Justice

Case 168/85

Judgment 15.10.1986

```

```
Internal market and 157E030

Industrial affairs

(cont'd)

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

```

```
A/87/319

A/87/424

A/87/454

A/87/499

A/87/500

A/88/061

A/88/076

A/88/214

```

```
157E030 A/89/034

157E034 A/89/061

157E030; 157E036 A/89/102

157E052; 157E059 A/83/267

157E052; 157E059 A/84/036
           (A/88/373)

```

```
UNITED KINGDOM Special UK standards for steel

ITALY Import licences for the exploitation of
         new plant varieties and patents

FRANCE Bicycle brakes

BELGIUM Obstacles to the import of

         telecommunications equipment (broadcast
         receiving aerials)

BELGIUM Fixing minimum prices for manufactured

         tobacco

GERMANY Personal Imports of medicines

LUXEMBOURG Ban on distribution of advertising

         leaflets

SPAIN Rules amending certain Items in
         specifications: hydrocarbon binders

UNITED KINGDOM Patent licences

```

```
FRANCE

ITALY

FRANCE

ITALY

```

```
Disproportionate penalties

Discriminatory charges for carriage of
non-1 ta I Ian newspapers by air

Replacement of doctors: dual practices

Nationality requirement (guides,
journalists, licensed pharmacists)

```

```
\

N.

```

```
Sector Legal basis Inf. No.

```

```
       - 93 
Member State Subject Stage of proceedings

```

```
Internal market and 157E007; 157E048; A/84/182 GREECE

industrial affairs 157E052; 157E059

(cont'd)

            157E052 A/84/325 ITALY

            157E048; 157E052; A/84/388 GREECE
            157E059 (A/85/265)

            157E052; 157E059 A/85/264 GREECE
                       (A/85/265)

            157E052; 157E059 A/85/265 GREECE
                       (A/89/165)

           157D1186; 386D0283 A/85/499 FRANCE

```

```
Reference to the Court of Justice

Case 305/87

Judgment 30.5.1989

Terminated

Reference to the Court of Justice

Case 147/86

Judgment 15.3.1988

Reference to the Court of Justice

Case 38/87

Judgment 14.7.1988

Reference to the Court of Justice

Case 38/87

Judgment 14.7.1988

Reference to the Court of Justice

Case 263/88

Reference to the Court of Justice

Case 154/89

Reference to the Court of Justice

Case 180/89

Reference to the Court of Justice

Case 198/89

Withdrawn

Terminated

```

```
IP

```

```
Laws relating to frontier areas

Access to real-estate loans and renting
of housing

Requirement of Greek nationality for
teaching

Nationality requirement for lawyers

Nationality requirement for architects,
engineers and land surveyors

Freedom of establishment and freedom to

provide services in overseas territories

Restrictions on freedom to supply
services as a tourist guide

Restrictions on freedom to supply
services as a tourist guide

Restrictions on freedom to supply
services as a tourist guide

Restrictions on freedom to supply

television services

```

```
157E059

157E059

157E059

157E059

```

```
A/86/432 FRANCE

A/87/071 ITALY

A/87/113 GREECE

A/85/463 NETHERLANDS

```

```
157E048; 157E052; A/87/407

157E059

```

```
FRANCE Restriction of recognition of veterinary
        qualifications to naturalized French

        citizens

```

```
^

\

<

```

```
Sector Legal basis

```

```
               - 94 
Inf. No. Member State Subject Stage of proceedings

```

```
Internal market and 157E007; 157E048; A/88/340

Industrial affairs 157E052; 157E059

(cont'd)

            157E052; 157E059; A/88/373

            157E171

            157E048; 157E052 A/89/106

```

```
Reasoned opinion

Reasoned opinion

Reasoned opinion

Letter of formal notice

```

```
ITALY

ITALY

LUXEMBOURG

```

```
Refusal to recognize qualifications In
physiotherapy and osteopathy

Nationality requirement (guides,
Journalists, keepers of chemists' shops)

Refusal to license opening of dual
dental practice

Nationality requirement to practise as
architect, engineer or surveyor

```

```
Restrictions on free movement of

services In broadcasting

Notice of qua I if(cat Ion

Public works contract: failure to

respect time limit for submission of

tenders

Insurance of public property

Petroleum products monopoly

Refusal to give assistance to Commission

staff

Aid for I deal spun-Beau I leu

```

```
A/89/165 GREECE

A/89/236 FRANCE

A/87/505 NETHERLANDS

```

```
A/88/332

A/88/379

A/86/111

(A/89/047)

```

```
Replacement, of doctor, dual practice Terminated

```

```
Reference to the Court of Justice

Case 353/89

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice

Case 226/87

Judgment 30.6.1988

Reference to the Court of Justice

Case 347/88

Reasoned opinion

Reference to the Court of Justice

Case 375/89

```

```
ITALY

SPAIN

GREECE

GREECE

```

```
LP

```

```
N.

```

```
Competition

```

```
157E052; 157E059;

157E171

157E052; 157E059;

157E171

157E005; 157E030;

157E062; 157E059

157E059; 157E090

371L0305

385D0276

```

```
157E030; 157E034; A/86/138

157E037

```

```
157E005; 362R0017 A/87/072 GERMANY

157E171; 384D0508 A/89/030 BELGIUM

```

```
Sector Legal basis Inf. No.

```

```
        - 95 
Member State Subject Stage of proceedings

```

```
Competition (cont'd) 157E171; 157E005;

            157E0189

            1861048; 157E030

```

```
A/89/047

A/87/361

A/79/131

```

```
Reasoned opinion

Reasoned opinion

Reference to the Court of Justice

Case 236/88

Reference to the Court of Justice

Case 249/86

Judgment 18.5.1989

Terminated

Reference to the Court of Justice

Case 42/87

Judgment 27.9.1988

Reference to the Court of Justice

Case 307/89

Reasoned opinion

Terminated

Terminated

Reference to the Court of Justice

Case 185/88

Terminated

```

```
Insurance of public property

Adjustment of petroleum monopoly

Supplementary allowance from the Fonds
national de solIdarlté - refusal to

export a social security benefit

Concept of normal housing

Calculation of employment benefits for

frontier workers

Discrimination In public financing-,
non-university higher education

Refusal to grant allowances from the
Fonds national de solidarité to

nationals of other Member States

Social security entitlements of
nationals employed in Algeria

Failure to respect Community-wide
agreement on disabiIity

Grant of widow's pension

Discrimination In the settlement of

old-age pension requirements

Equal treatment in respect of access to
vocational training courses

```

```
Employment and

Social Affairs

```

```
371R1408

```

```
368R1612; 157E048 A/84/336

```

```
371R1408

```

```
A/85/210

```

```
*s

\

```

```
157E007; 157E048; A/85/435

157E128; 368R1612

157E007; 371R1408 A/85/468

```

```
368R1612; 157E007; A/87/070

157E048; 157E052

```

```
GREECE

SPAIN

FRANCE

GERMANY

FRANCE

BELGIUM

FRANCE

FRANCE

FRANCE

FRANCE

BELGIUM

GERMANY

```

```
365R0109

157E051; 157E040;

371R1408

371R1408

157E007; 371R1498

```

```
A/86/249

A/86/374

A/87/056

A/87/057

```

```
Sector Legal basis

```

```
               - 96 Inf. No. Member State Subject Stage of proceedings

```

```
Reference to the Court of Justice

Case 371/88

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Terminated

```

```
Employment and

Social Affairs

(cont'd)

Agriculture

```

```
371R1408; 372R0574; A/87/239

68410041

157E048; 368R1612 A/87/282

157E051; 371R1408 A/88/159

157E051; 371R1408 A/88/160

157E048; 368R1612 A/88/215

```

```
683J0261; 673J0187; A/88/364

674J0039; 675J0007

371R1408; 683J0275 A/88/365

157E030; 370R1698 A/72/212

           (A/89/160)

379R0337; 379R0338 A/83/030

157E030; 181H065 A/83/085

```

```
371R1408

371R1408

```

```
A/88/362

A/88/363

```

```
<s
```

```
FRANCE Family allowances granted under
         legislation of the State in which a
         worker's famlly resides

GERMANY Equal treatment In respect of benefits

NETHERLANDS Refusal to grant family benefits to
         workers with unemployed children In

         other Member States

GERMANY Refusal to grant family benefits to
         workers with unemployed children in

         other Member States

BELGIUM Discrimination In requiring extra

         insurance contributions

BELGIUM Deduction of health Insurance

         contributions from supplementary pension

         benefits

NETHERLANDS Discrimination against Belgian workers
         In relation to early retirement

BELGIUM Covert discrimination In granting
         welfare or social security benefits

FRANCE Deduction of health Insurance

         contributions from supplementary

         retirement benefits

GERMANY Wine law 1971

```

```
GREECE Ban on Import of bananas from ACP

         countries

```

```
GERMANY Ban on the use of rectified grape must Terminated

         concentrate

```

```
\

\

```

```
Terminated

```

```
                                       97 
Sector Legal basis Inf. No, Member State Subject Stage of proceedings

```

```
FRANCE Rules on artificial Insemination

NETHERLANDS Release for free circulation of 50 000 t

         of basic product transported by the

         vessel Equinox and coming from Thailand

```

```
Terminated

Reference to the Court of Justice

Case 67/88

Reference to the Court of Justice

Case 124/85

Judgment 16.12.1986

Withdrawn

Terminated

Withdrawn

Terminated

Reasoned opinion

Reference to the Court of Justice

Case 69/86

Judgment 12.2.1987

Reference to the Court of Justice

Case 127/87

Terminated

Terminated

Reference to the Court of Justice

Case 96/89

```

```
Lago di Caldaro wine

Marketing of fractionated concentrated

butter

Restrictions on meat imports

Export of agar-preserved meat

Increase in alcoholic strength of

Mosel le wines

Protection of the Bocksbeutel bottle

Milk levy

Sparkling wines

Quality standards for fruit and
vegetables

Prices for sheep and goats Imported from

Hungary

Obstacles to trade in olive oil

```

_**\S>**_

```
S

\

```

```
Agriculture (cont'd) 379R0338 A/83/115

            368R0804; 379R0262 A/84/085

            368R0805; 157E030 A/84/180
                       (A/89/467)

            368R0805; 375R2759; A/84/327

            157E030

            157E189; 157E005; A/84/358

            379R0337

            379R0337; 157E030 A/84/360

            384R0857 A/84/387

            379R337; 157E030 A/85/016

            157E171; 372R1035; A/85/068

           369R2638; 380R2150

            380R1837; 382R0019; A/85/101

           383R0020; 157E113

           366R0136; 157E030; A/85/142

           157E034

           368R0827; 377L0504; A/85/275

           157E030

           375R2744; 382D0495; A/85/258

           382R2029; 382R3383;

           157E005; 377R2891

```

```
ITALY

ITALY

GREECE

GERMANY

GERMANY

GERMANY

ITALY

GERMANY

ITALY

GREECE

GREECE

```

```
 Sector Legal basis Inf. No.

Agriculture (cont'd) 385D0341 A/85/292

            384R2261; 157E040; A/85/413

            375R2727

            375R2727; 157E005; A/85/480

            157E093

            375R2727 A/86/025

            366R0136; 157E034 A/86/108
                       (A/85/142)

            368R0234; 371R2358; A/86/137

            157E034; 157E030

            157E030; 366R0136 A/86/215

            384R3061; 384R2261 A/86/216

            384R3061; 384R2261 A/86/217

            157E030; 157E036 A/86/263

            380R1837; 157E030 A/86/329

            375R2727; 157E034 A/86/422

```

```
ITALY Protection against swine fever

GREECE Recognition of olive oil producer
         organizations: recognition of
         cooperatives only

GREECE Importation of feed grain, maize and
         barley; management of markets by Kydep

GREECE Purchase of substandard durum wheat from

         1982 harvest

GREECE Barriers to trade in olive oil

NETHERLANDS Compulsory registration of exporters of
         agricultural products with a supervisory
         body

ITALY Restrictions on the marketing of oils

         and fats

GREECE Computerized data flies for olive oil

ITALY Computerized data files for olive oil

GREECE Obstacles to the import of cheese (H)

GERMANY Obstacles to the import of live sheep

         and lambs

GREECE Refusal to grant export licences for

         maize

```

```
        - 98 
Member State Subject Stage of proceedings

```

```
Withdrawn

Terminated

Referred to

Case 35/88

```

```
Referred to the Court of Justice

Case 43/88

Judgment 31 5.1989

Referred to the Court of Justice

Case 67/88

Withdrawn

Withdrawn

Referred to the Court of Justice

Case 293/89

Referred to the Court of Justice

Case 382/89

Referred to the Court of Justice

Case 110/89

```

```
the Court of Justice

the Court of Justice

```

```
Referred to

Case 281/87

Judgment 29

```

```
,11.1989

```

```
the Court of Justice

```

```
Referred to

Case 272/86

Judgment 22

```

```
,9.1988

```

```
GREECE Maximum prices in olive oil trade

LUXEMBOURG Health control certificates required for
         the import of pasteurized butter

GREECE Obstacles to the payment of monetary

         compensatory amounts

GERMANY Non-compllance with obligation to

         deliver wine for compulsory distillation

FRANCE Penalties for Infringements of the rules
         on aid towards the production of olive

         oil

FRANCE Additional milk levies: right to opt for
         a reference year other than 1983

GREECE Kydep monopoly - Intervention by the
         central government In the cereals sector

NETHERLANDS Export of eggs In shell

GREECE Radioactivity certificate requirement
         for Imports: level of radioactivity In

         food (H)

ITALY Fat content of cheese (L)

PORTUGAL Misapplication of Community rules on
         grubblng-up premiums

ITALY Constraints on consumer price of

         pasteurized ml Ik

ITALY Community aid: discrimination against
         olive oil producers not belonging to
         cooperatives

```

```
        - 99 Member State Subject Stage of proceedings

```

```
Referred to the Court of Justice

Case 205/88

Terminated

Terminated

Referred to the Court of Justice

Case 217/89

Referred to the Court of Justice

Case 260/88

Reasoned opinion

Reasoned opinion

Terminated

Withdrawn

Referred to the Court of Justice

Case 210/89

Terminated

Reasoned opinion

Terminated

```

```
Ob

```

```
"S

s.

\

```

```
 Sector Legal basis Inf. No,

Agriculture (cont'd) 366R0136; 157E030 A/86/444

            157E030; 368R0804 A/86/469

            381R1371; 385R3154; A/86/512

            157E005

            387R0822; 157E005 A/87/102

           384R2262 A/87/199

           368R0804; 384R0857 A/87/344

           375R2727 A/87/385

           375R2771; 375R2772 A/87/455

           157E036; 157E030 A/87/564

           368R0804; 157E030 A/88/018

           386R2239 A/88/044

           157E030; 368R0804 A/88/080

           366R0136; 384R2261 A/88/083

```

```
Sector Legal basis Inf. No

jrlculture (cont'd) 375R2727; 157E030 A/88/242

           379R2374; 157E005 A/88/329

           157E404; 356E0136; A/88/360

           384R2261

           385R0797 A/89/003

           370R1698; 157E171 A/89/160

           157E030; 368R0805; A/89/467

           157E171

```

```
       - 100 
Member State Subject Stage of proceedings

```

```
Terminated

Reasoned opinion

Reasoned opinion

Reasoned opinion

Terminated

Letter of formal notice

Terminated

Reasoned opinion

Reasoned opinion

Terminated

Referred to the Court of Justice

Case 352/88

Referred to the Court of Justice

Case 137/80

Judgment 19.10.1981

Terminated

Referred to the Court of Justice

Case 189/85

Judgment 7.5.1987

```

```
Transport

Administrative

affairs

```

```
370R1108; 370R2598 A/86/476

157E059; 157E048 A/87/351

157E059; 157E048; A/87/352

157E052

```

```
Staff Regulations A/78/007
           (A/84/303)

Staff Regulations A/78/008

165F/PR0/PRI A/83/065

```

```
X

```

```
386R4055

387D0602

```

```
A/88/074

A/88/281

```

```
SPAIN Spanish flag clause, Intra-Community
         deliveries of cereals to Spain

GREECE Intervention beef and veal Intended for

         welfare organizations

GREECE Olive oil - producers' associations

DENMARK Set-aside of arable land

GERMANY 1971 wine law

GREECE Imports of certain cuts of meat

FRANCE Failure to provide statistics on
         transport Infrastructures

GREECE Discrimination on the ground of
         nationality as regards entry to museums

SPAIN Discrimination on the ground of
         nationality as regards entry to museums

PORTUGAL Measures favouring vessels flying the
         Portuguese flag

ITALY Refusal to give authorization for an air

         link between Manchester and Milan

BELGIUM Transfer to Community pension scheme

NETHERLANDS Transfer to Community pension scheme

GERMANY Family allowances from more than one

         source

```

```
Sector Legal basis Inf. No.

```

```
       - 101 
Member State Subject Stage of proceedings

```

```
A/84/303

A/88/050

A/88/065

A/89/022

A/89/023

```

```
BELGIUM

PORTUGAL

BELGIUM

BELGIUM

FRANCE

FRANCE

NETHERLANDS

FRANCE

```

```
Administrative

affairs (cont'd)

Environment

Fisheries

```

```
157F/PR0/PRI;

157E171

165F/PR0/PRI

157E005

165/PRO/PRI

165F/PR0/PR!

```

```
382R3626; 157E005 A/86/225

383R0170; 382R2057; A/84/404

383R0098; 383R3624;

384R0320; 385R0001

382R2057; 383R0171 A/84/445

383R0170; 382R2057; A/85/354

383R0098; 383R3624;

384R0320; 385R0001

157E052 A/85/394

```

```
Referred to the Court of Justice

Case 383/85

Judgment 3.10.1989

Terminated

Referred to the Court of Justice

Case 6/89

Reasoned opinion

Reasoned opinion

Referred to the Court of Justice

Case 182/89

Referred to the Court of Justice

Case 290/87

Judgment 5.10.1989

Referred to the Court of Justice

Case 64/88

Referred to the Court of Justice

Case 290/87 ; 290/87/2

Referred to the Court of Justice

Case 93/89

```

```
Transfer to Community pension scheme

Difficulties concerning Import of cars
by officials or servants of the

Commission

505! reduction In the salaries paid by
the Belgian authorities to Belgian

teachers on secondment

Application of PPI - Peulens case

Deduction of health Insurance

contributions from retired EC official's

national pension

Rules on International trade in wild

animal and plant species in danger of

extinction

Overfishing 1983 and 1984

Fisheries: Inadequate compliance with

technical conservation measures

```

```
NETHERLANDS Overfishing 1985

IRELAND Lack of conformity with Community law of

         the Fisheries Amendment Act 1983

```

```
\.

•s.

```

```
 Sector Legal basis Inf. No.

Fisheries (cont'd) 381R3796; 382R3191 A/86/11

           381R3796; 383R3598 A/86/189

           381R3796; 383R3598 A/86/362

```

```
       - 102 
Member State Subject Stage of proceedings

```

```
Referred to the Court of Justice

Case 209/88

Reasoned opinion

Referred to the Court of Justice

Case 39/88

Reasoned opinion

Reasoned opinion

Referred to the Court of Justice

Case 200/88

Referred to the Court of Justice

Case 62/89

Terminated

Referred to the Court of Justice

Case 244/89

Reasoned opinion

Referred to the Court of Justice

Case 146/89

Referred to the Court of Justice

Case 146/89

Referred to the Court of Justice

Case 279/89

```

```
ITALY

FRANCE

IRELAND

```

```
Failure to provide Information in
connection with the common organization

of the market In the fisheries sector

Failure to provide information In
connection with the common organization

of the market In the fisheries sector

Failure to provide Information In
connection with the common organization

of the market In the fisheries sector

```

```
UNITED KINGDOM Overfishing 1985

NETHERLANDS Overfishing 1986

GREECE Failure to provide Information In
         connection with the common organization

         of the market In the fisheries sector

```

```
385R0001

385R3721

```

```
A/86/368

(A/87/398)

A/86/370

```

```
UNITED KINGDOM Overfishing 1986

SPAIN Failure to fulfil obligation to record

         catches (ICES divisions)

UNITED KINGDOM Extension of territorial waters

UNITED KINGDOM Fishing boats, restrictions on free

         movement of persons and exports of goods

```

```
FRANCE

BELGIUM

FRANCE

```

```
Overfishing 1985

Overfishing 1986

Overfishing 1986

```

```
^

```

```
s.

N.

```

```
381R3796; 383R3598; A/86/391

382R3191; 383R3599

385R0001; 385R006 A/87/255

385R3721 A/87/256

385R3721; 385R3730; A/87/396

385R3732; 383R0170;

382R057

385R3721; 385R3732 A/87/398

382R2057; 385R3777; A/87/405

386R4034

172B100; 383R0170 A/87/520

376R0101; 381R3796 A/88/186

```

```
Sector Legal basis Inf. No,

```

```
       - 103 Member State Subject Stage of proceedings

```

```
Fisheries (cont'd) 376R0101; 381R3796 A/88/187 IRELAND Ban on British fishing boats In Irish

                                       waters and associated measures

```

```
382R2057; 387R2241 A/88/356

```

```
SPAIN Requirement to cooperate - inspection
         and monitoring of fishing

UNITED KINGDOM Merchant Navy Act

```

```
Referred to the Court of Justice

Case 280/89

Reasoned opinion

Referred to the Court of Justice

Case 246/89

```

```
157E048; 157E052;

157E059

```

```
A/89/87

```

```
Financial

Institutions

```

```
157E059; 157E016 A/88/318 ITALY Taxation on encashment of Eurocheques Reasoned opinion

```

```
Budgetary questions 377R2891 A/85/355 ITALY Refusal to pay interest charges Referred to the Court of Justice
                                                              Case 54/87

                                                              Judgment 22.2.1989

```

```
377R2892; 377R2891 A/87/060 GERMANY Own resources from VAT: calculation of
                           compensation for exemption of

                           telecommunications

```

```
Referred to the Court of Justice

Case 251/88

Referred to the Court of Justice

Case 373/88

Referred to the Court of Justice

Case 68/88

Judgment 21.9.1989

Referred to the Court of Justice

Case 239/89

Terminated

Referred to the Court of Justice

Case 270/89

Reasoned opinion

```

```
Interest on payment of own resources

from customs duties

Own resources; Interest on late

payments; Yugoslav maize presented as
being of Greek origin

```

```
*s

```

```
377R2891 A/87/098

375R2727; 377R2891; A/87/358

379R1697; 157E005

```

```
ITALY

GREECE

```

```
377R2891 A/88/029 ITALY Interest on late payment of own

                           resources

```

```
157E005;

165F/PR0/PRI

```

```
A/88/245 SPAIN Implementation of the Protocol on the
                Privileges and Immunities of the EC

```

```
377R2891 A/88/285 ITALY Interest on late payment of customs

                           duties (Report 84-6-3)

377R2891 A/89/019 IRELAND Failure to calculate and pay VAT
                           resources owing to exemption of tolls

```

```
Sector Legal basis Inf. No.

```

```
       - 104 Member State Subject Stage of proceedings

```

```
Budgetary questions 377R2891
(cont'd)

Customs union 682J0199

            682J0199

            377R1535

            157E009;

            368R0950

            157E009;

           368R0950

            157E009;

           368R0950

            157E009;

           368R0950

            157E009;

           368R0950

            157E009;

           368R0950

```

```
      A/89/020

      A/84/437

      A/84/438

      A/84/126

157E028; A/84/342

157E028; A/84/343

```

```
UNITED KINGDOM Failure to calculate and pay VAT
         resources owing to exemption of tolls

```

```
FRANCE

ITALY

```

```
Repayment of national charges having

equivalent effect

Repayment of national charges having

equivalent effect

```

```
UNITED KINGDOM Civil aircraft exempted from customs
         duties and subsequently used as military

         aircraft

```

```
Reasoned opinion

Reference to the Court of Justice

Case 105/86

Reference to the Court of Justice

Case 104/86

Judgment 24.3.1988

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice

Case 229/87

Judgment 15.11.1988

Reference to the Court of Justice

Case 307/88

```

```
BELGIUM

DENMARK

```

```
Duty-free Importation of military

equipment

Duty-free importation of military
equipment

```

```
157E028;

157E028;

157E028;

157E028;

```

```
A/84/344

A/84/345

A/84/346

A/84/347

```

```
UNITED KINGDOM Duty-free importation of military
         equipment

```

```
ITALY

LUXEMBOURG

NETHERLANDS

```

```
Duty-free Importation of military
equipment

Duty-free Importation of military
equipment

Duty-free Importation of military
equipment

Bank charge for checking Imported
products

Payment of Mozos de Aduana taxes

```

```
157E009; 181H029 A/86/229 GREECE

1861035 A/87/062 SPAIN

```

105 

```
Sector Legal basis Inf. No. Member State

```

Subject Stage of proceedings

Customs union
(cont'd)

Indirect taxation

```
157E009; 157E102 A/87/158

157E009; 157E095 A/87/283

```

```
Reference to the Court of Justice

Case 137/89

Terminated

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice

Case 184/85

Judgment 5.7.1987

Reasoned opinion

Reference to the Court of Justice

Case 153/89

Reference to the Court of Justice

Case 152/89

Reference to the Court of Justice

Case 282/89

Withdrawn

Terminated

Reference to the Court of Justice
                V
Case 120/88

```

```
ITALY

DENMARK

FRANCE

FRANCE

ITALY

ITALY

```

```
157E009; 157E012;

368R0804

376R0754

157E009; 387D0433

157E095

```

```
A/88/182

A/88/325

A/88/447

A/83/136

(A/88/300)

```

```
Telegrams sent by veterinary services
charged to Importers of livestock

Tax on agricultural products (dried
fruit, chocolate-based products and
sugar)

Charge for computerized checking of

customs declarations

Returned goods

Stamp duty on certain products

Consumption tax on bananas

Excise duty on beer

Excise duty on beer

Excise duty on beer

Excise duty on beer

Excise duty on table waters

Taxation of imports of second-hand goods

having the effect of double taxation

Taxation of imports of second-hand goods

having the effect of double taxation

```

```
"S

N.

N.

```

```
157E095; 157E096 A/83/158 ITALY

157E095; 157E096 A/83/187 BELGIUM

157E095; 157E096 A/83/188 LUXEMBOURG

157E095; 157E096 A/83/189 NETHERLANDS

```

```
157E095

157E095

157E095

```

```
A/85/2125

A/85/331

A/85/333

```

```
IRELAND

FRANCE

FRANCE

```

```
Sector Legal basis Inf. No.

```

```
       - 106 
Member State Subject Stage of proceedings

```

```
UNITED KINGDOM Parafiscal charge levied by the Sea Fish
         Industry Authority

FRANCE Contribution levied on potatoes

SPAIN Taxation of Imports of second-hand goods
         having the effect of double taxation

GREECE Taxation of imports of second-hand goods
         having the effect of double taxation

GREECE Higher VAT on imported spirituous

         beverages than on national products

PORTUGAL Administrative charge for the inspection

         of fruit and vegetables

```

```
Indirect taxation

(cont'd)

```

```
157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

```

```
DENMARK

GREECE

GREECE

ITALY

FRANCE

GREECE

```

```
A/85/503

A/86/078

A/86/080

A/86/083

A/86/219

A/86/340

A/86/399

A/86/400

A/87/308

A/87/325

A/87/341

A/88/077

```

```
Reference to the Court of Justice

Case 47/88

Terminated

Terminated

Reference to the Court of Justice

Case 323/87

Judgment 11.7.1989

Reasoned opinion

Reference to the Court of Justice

Case 132/88

Terminated

Reasoned opinion

Reference to the Court of Justice

Case 119/89

Reference to the Court of Justice

Case 159/89

Reference to the Court of Justice

Case 230/89

Reasoned opinion

```

```
Motor vehicles

Differential rates of tax on imports of
decorative articles made of ordinary
plastic

Tax on imports of powdered cheese

Excise duties on rum

Parafiscal charge on Imports of forestry

products

Discriminatory treatment of motor
vehicles Imported from other Member

States

```

**fc**

```
157E095 A/88/275 GREECE VAT rate: silver-plated cutlery Reasoned opinion

```

```
Sector Legal basis Inf. No.

```

```
       - 107 
Member State Subject Stage of proceedings

```

```
Indirect taxation

(cont'd)

```

```
157E095

157E095

157E095

```

```
A/88/300

A/88/336

A/88/369

```

```
ITALY

IRELAND

GREECE

```

```
Taxation of bananas Reference to the Court of Justice

                        Case 380/89

Measures introducing differential VAT Reasoned opinion

rates on newspapers

VAT on imported cars Reasoned opinion

```

```
                  - 107 - t » 3

                  ANNEX B

             Infringement of directives
                  Contents

                              Page
Statistical questions .109

Internal market and industrial affairs 110

Competition 137

Financial institutions and company law 138

Employment, social affairs and education 142

Environment, consumer protection and nuclear safety 145

Agriculture 161

Transport 181

Energy 185

Budgets 186

Customs union and Indirect taxation 187

TelecxaDaraunications, information industries and innovation 193

Human resources, education, training and youth 193

               Explanation of entries

78/546 = number of directive

(31.12.1980) = deadline for incorporation of directive into national

           lav

blank = no measures notified by 31 December 1989 although
           measures may in fact have been taken (measures notified
           by MS currently under study)

yes - national implementing measures notified

n.m.n. = proceeding initiated or pursued on the grounds that no

           measures have been notified

          n.p.i. prcxseedings pursued on the ground that the directive
           has not been properly incorporated into national law

n.p.a. = proceedings pursued on the grounds that the directive
           is not being properly applied

1.1.1984 = deadline for incorporation by the particular

           Member State

A/74/82 = infringement number ( /82 = year in which proceedings
           were initiated)

```

```
                  - 108 
Case 171/84 - number of case on Court of Justice register

Judgment 18.3.1980 - date of Court judgment

r.o. - reasoned opinion

```

```
                                           - 199 
Directive Subject B DK UK EL IRL NL

```

```
Statistical questions
72/280 Statistical yes
(1.1.73) surveys - milk and
      mi Ik products

73/132 Statistical yes
      surveys - Bovine
      Iivestock

```

```
yes yes yes yes yes yes A/209/88 yes
                                     n.p.a.

                                     r.o.

```

```
yet yes yes

```

```
yes yes yes yes yes yes A/208/88 A/210/88 yes
                                     n.p.a. n.p.a.

                                     r.o. r.o.

```

```
yes yes

yes yes

```

```
7 6 / 6 3 0 S u r v e y s of pig yes yes yes yes yes yes yes yes A/210/88 yêT
(1.12.76) production n.p.a.

                                                                  r.o.

```

```
78/546 Statistical
(31.12.80) returns - carriage
      of goods by road

```

```
                                           A74/82
yes yes yes yes yes yes
                                           n.p.I.
                                           Judgement
                                           11.7.85

                                           Case

                                           101.84

                                           A216/88

                                           n.p.I.

                                           Case

                                           266/89

```

```
yes yes yes

```

```
82/177

(1.3.85)

```

```
Statistical

surveys 
```

```
                                                A210/88
yes yes yes yes yes yes yes yes
                                                 n.p.a.

                                                 r.o.

```

```
yes yes yes

```

**Vu**

```
                                             118 
Directive Subject DK UK EL IRL NL

Internal market and industrial affairs

```

```
62/2645 Colouring matters yes
(26.10.63)

63/261 Freedom of estab- yes
(3.10.63) lishment in agri      culture - paid
      workers

63/262 Freedom of esta- yes
(3.10.63) bllshment in agri      culture - abandoned

      holdings

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

```

```
63/607 Freedom of esta(15.4.64) bllshment - film
      industry

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
64/427 Se If-empIoyed yes
(9.1. persons In process       ing industries

```

```
-A

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
                                                        0
64/429 Freedom of esta- yes yes yes yes yes yes yes yes yes yes yes
(9.1.65) bllshment - self      employed persons in
      processing industries

```

```
64/54 Preservatives

(1.1.81)

```

```
yes yes yes yes yes yes yes A278/84 yes
                                            n.p.a.

                                            r.o.

                                            Case 95/89

```

```
yes yes

```

```
65/1 Freedom to provide yes
(15.6.65) services       agriculture

```

```
yes yes yes yes yes yes yes yes yes

```

```
                                             - 111 
Directive Subject DK UK EL IRL NL

```

```
65/264 Freedom of estab- yes
(14.11.65) lishment - film industry

```

```
yes yes yes yes yes yes yes yes

```

```
65/569 Preservatives

(31.12.66)

65/65 Proprietary

(4.8.66) medicinal

      products

66/722 Preservatives

(30.6.67)

67/427 Preservatives

(1.3.68)

67/530 Freedom of esta
(26.1.68) bllshment 
      farmers

67/531 Agricultural

(26.1.68) leases

67/532 Cooperatives

(26.1.68)

```

```
yes yes yes yes yes yes yes yes yes yes yes

      yes yes yes yes yes yes yes yes yes yes 1.1.91

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

```

```
67/653 Colouring matters yes

(1.1.68)

67/654 Freedom of esta- yes

(24.6.68) bllshment - forestry

68/192 Freedom of access yes

(11.10.68) to credit for

      farmers

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

```

```
                                            - 112 
Directive Subject DK UK EL IRL NL

```

```
68/365 Freedom of esta- yes
(17.4.69) bllshment - food

       industries

68/366 Food industries yes
(17.4.69)

68/367 Freedom of esta- yes
(17.4.69) blishment - personal
      services

68/369 Personal services yes
(17.4.69)

68/415 Freedom of access to yes
(20.6.69) aid for farmers

69/77 Activities of self- yes
(5.3.69) employed in process       ing Industries

69/82 Activities of self- yes
(14.9.69) employed in explor
      ation

70/451 Freedom of estab- yes
(2.4.71) lishment in film
      production

71/18 Freedom of esta- yes
(18.6.71) bllshment - agri
      culture and horticulture

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

```

```
71/160 Preservatives
(1.10.71)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 113 
Directive Subject DK UK EL IRL NL

```

```
yes yes A110/88
             n.p.i.

             Case

             299/89

```

```
71/305 Public works

(29.7.72) contracts

```

```
yes yes A/316/89

             n.p.a.

             Case 243/39

```

```
A/342/88

n.p.a

r.o.

A519/88

n.p.a.

Case

194/88

A163/88

n.p.a.

r.o.

```

```
yes yes A406/87 yes

             n.p.a

             r.o.

```

```
71/319 Meters for liquids yes

(29.1.73) other than water

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
71/320 Motor vehicles

(30.1.73)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
71/347 Measuring of grain yes

(15.4.73)

71/348 Meters for liquids yes

(15.4.73) other than water

71/349 Calibration of tanks yes

(15.4.73) of vessels

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

```

```
72/277 Public works

(1.1.81) contracts

```

```
yes yes yes yes yes A110/88
                                      n.p.i.

                                      Case

                                      299/89

```

```
yes yes yes yes

```

```
                                           - 114 
Directive Subject DK UK EL IRL NL

```

```
72/23 Low voltage
(21.8.74) equipment

73/148 Movement and

(23.11.73) residence

```

```
A373/86 yes

n.p.a.

r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes A/382/87
                                                 n.p.a.

                                                 Case

                                                 68/89

```

```
73/241 Cocoa and chocolate yes
(21.7.74)

73/350 Motor vehicles yes
(1.1.81)

73/361 Marking of wire- yes
(1.1.81) ropes and chains

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

```

```
73/405 Anionic surfactants yes yes
(27.5.75)

```

```
yes yos yes yes yes yes yes yes yes
                                                        \
                                                        ^

```

```
73/437 Sugars
(13.12.75)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
74/394 Preservatives yes yes yes yes yes yes yes
(1.1.74)

```

```
yes yes yes yes

```

```
74/409 Honey
(23.7.76)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
75/34 Right to remain A373/86 yes
(18.12.75) n.p.a.

                  r.o.

```

```
yes yes yes yes yes yes yes yes yes

```

```
75/35 Movement and

(18.12.75) residence

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
                                           - 115 
Directive Subject DK UK EL IRL NL

```

```
75/106 Prepackaged liquids yes
(31.12.79)

75/107 Bottles used as yes
(20.6.76) measuring containers

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

```

```
75/155 Cocoa and chocolate yes yes yes
(1.7.75)

```

```
yes yes yes yes yes yes yes yes

```

```
75/318 Proprietary medic- yes
(22.11.76) inal products

75/319 Proprietary medic- yes
(22.11.76) Inal products

```

```
yes yes yes yes yes yes yes yes yes 1.1.91

yes yes yes yes yes yes yes yes yes yet 1.1.91

```

```
75/324 Aerosols

(1.1.81)

```

```
                        yes yes y«t yes yes yes yes yes yes yes
(1.1.81) X
                                                  X

```

**^**
```
75/362 Doctors yes yes yes yes yes yes yes yes yes yet
(20.12.76)

```

```
yes yes yes yes yes yes yes yes yes yet

```

```
75/363 Doctors
(20.12.76)

```

```
yes yes yes yes yes yes yes yes yes yes yet

```

```
75/368 Freedom of esta- yes
(18.6.76) bllshment - various

      activities

```

```
yes yes yes yes yes yes yes yet yet yst

```

```
75/726 Fruit juices
(19.11.76)

76/116 Fertilizers

(19.12.77)

```

```
yes yes yes yes yes yes yes yes yet yet yet

yes yes yes yes yes yes yes yes yet yet yet

```

```
                                           - 116 
Directive Subject DK UK EL IRL NL

```

```
76/117 Electrical equipment yes
(8.8.80)

76/211 Packaged products yes
(31.12.79)

76/399 Colouring matters yes
(31.12.77)

76/434 Marking of wire- yes
(1.1.81) ropes and chains

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

```

```
76/462 Preservatives

(31.12.78)

76/463 Preservatives
(5.5.78)

```

```
yes yes yes yes yes yes yes yes yet yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
76/628 Cocoa and chocolate yes
(29.7.83)

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
76/756 Motor vehicles

(1.10.77)

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
76/765 Alcoholometers and yes
(2.8.78) alcohol hydrometers

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
76/766 Alcohol tables

(2.8.78)

```

```
yes yes yes yes yes yes yes yes yet yes yes

```

```
76/767 Pressure vessels yes
(1.1.81)

76/891 Electrical energy yes
(1.1.81) meters

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yet yet yes

```

```
                                           - 117 
Directive Subject DK UK EL IRL NL

```

```
A466/85 yes yes yes A422/87
n.p.a n.p.a.
Judgment Case
5.12.89 247/89
Case 3/88

A/28/89

n.p.a.

r.o.

```

```
77/62 Pub I le supply
(22.6.78) contracts

```

```
                                     A382/84
yes yes yes yes yes
                                     n.p.a.

                                     Case

                                     84/86

```

```
77/212 Motor vehicles yes
(1.1.81)

```

```
yes yes yes yes yes yes yes yet yet yet

```

```
77/249 Lawyers
(24.3.79)

77/313 Measuring systems
(6.10.78) for liquids

77/452 Nurses
(29.6.79)

77/453 Nurses
(29.6.79)

77/535 Analysis of fartiI(19.12.77) Izers

77/536 Tractors

130.12.78)

```

```
      A/56/83
yes
      n.p. I
      Judge
      ment

      25.2.88

      Case

      427/88
      A/367/89

      n.p.>.
      169 letter

      (Art.171)

```

```
yes yes A/450/84 yes
            n.p. i

            Case

            294/89

```

```
yes yes yes yet yet yet

```

```
\

```

```
yes yes yes yes yes yes yes yes yet yet yes

yes yes yes yes yes yet yet yet yet

yes yes yes yes yes yes yes yet yet yet

yes yes yes yes yes yes yes yes yet yet yes

yes yes yes yos yes yes yes yet yet yet yet

```

```
                                             - 118 
Directive Subject DK UK EL IRL NL

```

```
79/25 Colouring matters

(15.6.79) for medicinal

      products

78/142 Materials intended

(26.11.79) to come Into

      contact with

       foodstuffs

78/143 Antioxidants

(1.2.79)

78/144 Colouring

(1.2.79) matters

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
78/420 Proprietary yes

(3.5.78) medicinal products

78/609 Cocoa and chocolate yes

(5.7.81)

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes

```

```
yes yes

```

```
78/612 Foodstuffs

(5.7.80)

78/663 Foodstuffs

(31.1.80)

78/664 Antioxidants

(31.1.80)

78/669 Public works

(02.2.79) contracts

```

```
yes yes yes yes yes A/110/88 yes
                                      n.p.I.

                                      Case

                                      299/89

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
yet yet yes

```

```
78/686 Dentists yes yes yes yes yes yes yes yet yet yes yes T^
(28.1.80)

```

```
                                           - 119 
Directive Subject B D DK Ë F UK EL î ÏRL L NL P

78/891 Prepackaging yes yes yes yes yes yes yes yes yes yet yet
(1.1.80)

78/1015 Motor yes yes yes yes yes yes yes yes yes yes yes
(1.1.81) vehicles

78/1026 Veterinery yes yes yes yes yes yes yes yes yes yes
(21.12.80) surgeons

78/1027 Veterinary yes yes yes yes yes yes yes yes yes yes yes
(21.12.80) surgeons

78/1031 Weight grading yes yes yes yes yes yes yes yes yet yet yet

(7.6.80) machines

79/138 Analysis of yes yes yes yes yes yes yes yes yes yes yes
(1.4.79) fertilizers

79/168 Fruit juices yes yes yes yes yes yes yes yes yes yes
(1.7.80)

79/196 Electrical yes yes yes yes yes yes yes yes yes yes yes
(8.8.80) equipment

79/830 Hot-water yes yes yes yes yes yes yes yes yes yes yes
(1.1.82) meters

79/1005 Prepackaged yes yes yes yen yes yes yes yes yes yes yet
(1.1.81) liquids

80/154 Midwives yes yes yes yes yes yet yet
(23.1.83)

```

```
-A

Va

```

```
                                             - 129 
Directive Subject DK UK EL IRL NL

```

```
80/155 Midwives

(23.1.83)

80/232 Prepackaged

(15.1.82) products

80/597 Foodstuffs

(1.6.82)

80/720 Tractors

(27.12.81)

```

```
yes yes yes A/225/88
                   n.p. i

                   Case

                   313/89

```

```
yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yet yet yet yet

```

```
80/766 Articles intended to yes

(11.1.82) come into contact

      with foodstuffs

```

```
yes yes yes yes yes yes yes yet yet yet

```

```
89/767

(1.1.81)

```

```
Pub Iic supply

contracts

```

```
yes yes yes yes yes yes yes yes yes yes

```

**3**
**`80/777`** **`Mineral`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **s**
```
(17.7.84) waters

```

```
80/781 Dangerous

( .1.84) preparations

80/876 Straight

(16.1.82) fertilizers

```

```
yes yes yes yss yes yes yes yes yes yes yes

      yes yes yes yes yes yes yet

```

```
80/891 Eruclc acid content yes

(1.2.82) In oils and fats

```

```
yes yes yes yes yes yes yes yet yet yet

```

```
                                           - 121 
Directive Subject B D DK L F ÛK EL ï ÏRL L" NL P

80/1273 Midwives yes yes yes yes yes yes yes
(23.1.83)

81/20 Colouring matters yes yes yes yes yes yes yes yes yes yes yet
(1.7.81) for use in foodstuffs

81/214 Preservatives for yes yes yes yes yes yes yes yes yes yes yes

(1.7.81) use In foodstuffs

81/432 Foodstuffs yes yes yes yes yes yes yes yes yes yes yes
(1.10.82)

81/464 Colouring matters yes yes yes yes yes yes yes yet yet yet yet
(1.10.81) added to medicinal
      products

81/487 Fruit juice yes yes yes yes yes yes yes yes yes yes
(1.7.83/
1.7.84)
                                            X
81/712 Additives in yes yes yes yes yes yes yes yes yes yes yes OO
(20.2.83) foodstuffs - —»
      criteria of purity

81/851 Veterinary yes yes yes yes yes yes yes yes yes yes yes
(9.10.83) medicinal products

81/852 Veterinary yes yes yes yes yes yes yes yes yes yes yes
(9.10.83) medicinal products

81/916 Paints, varnishes, yes yes yes yes yes yes yes yes yes yes yes

(1.7.83) inks and adhesives

81/962 Antioxidants yes yes yes yes yes yes yes yes yet yet yet
(1.12.82)

```

```
                                           - 122 
Directive Subject DK UK EL IRL NL

```

```
81/1057 Doctors, nurses,
(30.6.82) dentists and
      veterinary surgeons

82/76 Doctors

(31.12.82)

82/242 Biodegradabillty
(8.10.83) of surfactants

82/243 Biodegradabillty
(8.10.83) of surfactants

```

```
                                          4/379/84
yes yes yes yes yes yes yes
                                           n.m.n.

                                           Judgement
                                          2.3.88

                                           Case

                                           309/86

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes A6/84 yes yes yet yet
                                            n.p.I.
                                           Judgement
                                          7.7.87

                                           Case 49/86

                                           A88/112

                                            n.p.I.

                                           Case

                                           236/89

```

```
                                           A/378/84
yes yes yes yes yes yes yet
                                           n.m.n.

                                           Judgement
                                          2.3.88

                                           Cate

                                           309/86

```

```
yet yet yet yet

```

```
A/202/89

n.m.n.

169 letter

(Art. 171)

```

**X**

```
<N)

```

```
yet yet yet

```

```
A/203/89

n.m.n.

169 letter

(Art. 171)

```

```
                                             - 123 
Directive Subject DK UK EL IRL NL

```

```
82/470 Services

 (2.1.84) incidental to

       transport

83/473 Solvents

(1.1.84)

82/489 Hairdressers

(23.1.84)

82/499 Radio

(1.12.84) Interference

82/504 Foodstuffs

(1.1.84)

82/621 Electrical

(1.1.83) energy meters

```

```
A123/85

n.p.i.

Judgement

21.6.88

Case

283/86

```

```
yes yes yes A127/85

                                n.m.n.

                                Case

                                306/89

```

```
A126/85

n.m.n.

Judgement

12.7.88

Case

310/86

```

```
yes yes yes yes

```

```
A/355/89

n.p.I.

169 letter

(Art. 171)

```

```
A/362/89

n.m.n.

169 letter

(Art. 171)

```

```
yes yes yes yes yes yes yes yes yet yes yes

yes yes yes yes yet yet yet yet

yes yes yes yes yes yes yes yes yet yet yes

yes yes yes yes yes yes yes yes yet yes yet

yes yes yes yes yes yes yes yes yet yet yet

```

```
82/624 Alcoholometers and yes

(1.5.83) alcohol hydrometers

82/625 Measuring systems yes

(1.5.83) for liquids other

      than water

82/711 Articles In contact yes

      with foodstuffs

```

```
yes yes yes yes yes yes yes yet yes yet

yes yes yes yes yes yes yes yes yet yet

yes yes yes yes yes yes yes yet yet yet

```

```
                                              124 
Directive Subject DK UK EL IRL NL

```

```
82/712 Antioxidants

(30.6.84)

82/806 Dangerous

(25.11.83) substances

82/890 Tractors

(21.6.84)

82/953 Tractors

(30.9.83)

83/128 Clinical

(1.1.86) thermometers

83/189 Technical

(31.3.84) standards

```

```
A/276/87 A341/88 yes yes

n.p.a. n.p.a

r.o. r.o.

A/407/88

n.p.a.

r.o.

```

```
yes yes yes yes yes yes yes yet yet yet

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yet yet yet yet

yes yes yes yes yes yes yes yet yet yet yet

```

```
yes yes yes yes yes yes A1 94/86

                                             n.m.n.

                                             Case

                                             99/88

```

```
yet yet yet

yet A/420/88 A/80/89 A/418/88

       n.p.a. n.p.a. n.p.a.

       r.o. r.o. r.o.

```

```
yes yes A/387/87

             n.p.a.

             Case

             29/89

             A/410/88

             n.p.a.

             r.o.

             A/424/88

             n.p.a.

             r.o.

```

```
X

```

```
                                           - 125 
Directive Subject DK UK EL IRL NL

```

```
83/189
(continuation)

83/190 Tractors
(30.9.83/
1.10.83)

```

```
                                     A/18/89

                                     n.p.a.

                                     r.o.

                                     A/33/89

                                     n.p.a.

                                     r.o.

                                     A/95/89

                                     n.p.a.

                                     r.o.

                                     A/99/89

                                     n.p.a.

                                     r.o.

yes yes yes yes yes yet yet yet yet yet yet

```

```
83/229 Materials and art- yes
(1.1.86) Icles in contact

      with foodstuffs

```

```
yes yes yes yes yes yet yet yet yet

```

```
83/265 Paint, varnishes, yes yes yes yes yes yes yes yes yes yes yet
(19.5.84) inks and adhesives

```

```
83/417

(1.8.85)

```

```
Lactoproteins yes yes yes yes yes yes yes yet yet yet yet

```

```
83/463 Labelling of
(1.7.84) foodstuffs

```

```
yes yes yes yes yes yes yet yes yet yet

```

```
                                             - 126 
Directive Subject DK UK EL IRL NL

```

```
83/478 Dangerous

(21.3.86) substances

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
83/570 Proprietary yes
(31.10.85) medicinal products

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
83/575 Measuring

(31.12.84) Instruments

83/635 Preserved

(1.1.86/ milk

1.1.87)

84/47 Electrical

(1.1.85) equipment

84/291 Pesticides

(30.4.85)

84/372 Sound level of

(1.10.84) motor vehicles

84/414 Thermometers

(1.1.86)

```

```
yes yes yes yes yes yes A199/86

                                            n.m.n.

                                             Judgment

                                             12.7.88

                                            Case

                                             326/87

```

```
yes yes yes yes yes yes yes yes yes yet

yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes X«« yes yes yes yes yes yet yet

yes yes yes yes yes yes yes yes yes yes yet yet

```

```
X

```

```
yes yet yes

```

```
84/500 Ceramic articles A/460/88

(17.10.87) In contact with n.m.n.

      foodstuffs 169 letter

```

```
yes yes yes yes yes yes yes yes yet yes

```

```
                                             - 127 
Directive Subject DK UK EL IRL NL

```

```
84/525 Seamless steel

(26.3.86) gas cylinders

84/526 Aluminium

(26.3.86) gas cylinders

```

```
yes yes yes yes yes yes yes yes yes A/35/87

                                                         n.m.n.

                                                         Case

                                                         271/89

```

```
yes yes yes yes yes yes yes yes yet A/278/87 yet

                                                         n.m.n.

                                                         Cate

                                                         273/89

```

```
yes

```

```
84/527 Welded una Iloyed yes

(26.3.86) steel gas cylinders

84/528 Lifting and mechan- yes

(26.9.86) ical handling

      appllances

```

```
yes yes yes yes yes yes yes yet A/279/87 yet

                                                   n.m.n.

                                                   Cate

                                                   275/89

yes yes yes yes yes yes yes yet yet yes

```

```
84/529 Lifts

(26.9.86)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
84/532 Construction plant yes

(26.3.86) and equipment

```

```
yes yes yes yes yes yes yet yet yes

yes yes yes yes yes yes yet yet A/41/87

                                                         n.m.n.

                                                         Cate

                                                         310/89

```

```
84/539 Electro-medical

(26.9.86) equipment used

       in medicine

85/1 Units of

(1.7.85) measurements

85/10 Prepackaged

(20.12.85) liquids

```

```
A/12/87

n.m.n.

Case

311/89

```

```
yes yes yes yes yes yes yes yes yes yet yet yes

yes yes yes yes yes yes yes yes yet yet yet

```

```
                                            - 128 
Directive Subject DK UK EL IRL NL

```

```
85/146 Measures of

 (1.1.86) length

85/205 Motor vehicles

(1.10.85)

85/374 Defective

(30.7.88) products

85/384 Architects

(5.8.87)

85/432 Pharmacists

(1.10.87)

85/433 Pharmacists

(1.10.87)

85/467 Dangerous

(30.6.86) substances

85/503 Cass ins and

(1.5.87) caselnates

85/573 Coffee and

(1.1.87) chicory extracts

```

```
yes yes yes yes A/40/88

                         n.m.n.

                         169

                         letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yet yet yes yet

```

```
A/145/89 A148/89 yes

n.m.n. n.m.n.

```

```
A/146/89 yes

n.m.n.

169

letter

```

```
yes yes A/150/89

            n.m.n.

            169

            letter

```

```
A151/89 yet

n.m.n.

169

letter

```

```
169

letter

A/506/88

n.m.n.

169

letter

```

```
169

letter

```

```
yes yes yes yes A/387/88

                                n.m.n.

                                169

                                letter

```

```
A507/88

n.m.n.

169

letter

```

```
yes yes yes yet

```

```
yes yes yes yes yes yes A/253/88 yes

                                            n.m.n.

                                             r.o.

```

```
yet yet

```

```
A/255/88 yes

n.m.n.

r.o.

```

```
yes yes yes yes A/258/88

                                n.m.n.

                                r.o.

```

```
A/259/88 yet

n.m.n.

r.o.

```

```
yet

```

```
yes yes yes yes yes yes yes yes yet yet

```

```
yet yet

```

```
yes yes yes yes

```

```
yes A/268/88 yes

      n.m.n.

      r.o.

```

```
yes yet yet yes yes

```

```
yes yes yes yet yet yet yet

```

```
                                             - 129 
Directive Subject DK UK EL IRL NL

```

```
yes yes yes A/263/88 yes A/264/88 yes yes

                   n.m.n. n.m.n.

                   r.o. r.o.

yes yes yes yes A/517/87 yes yet

                         n.m.n.

                         r.o.

```

```
85/584 Pharmacists

(1.10.87)

85/585 Preservatives

(1.12.86)

```

```
A/260/88 yes yes

n.m.n.

r.o.

yes A/512/87 yes

      n.m.n.

       169

       letter

```

```
85/591 Foodstuffs yes

(23.12.87) Intended for human

      consumption

```

```
yes yes yes yes yet

```

```
85/610 Dangerous

(31.12.87) substances

85/614 Architects

(5.8.87)

85/647 Motor vehicles

(30.9.86)

```

```
yes yes yes yes yes yes A/438/87 yes yes yes

                                      n.m.n.

                                      r.o.

```

**X**

```
yes yes yes yes yes yes yes yes yes yet yet

```

```
A/508/88 yes

n.m.n.

169

letter

```

```
yes yes yet yes A/388/88 A/509/88 yes

                         n.m.n. n.m.n.

                          169 169

                          letter letter

```

```
yet yet

```

```
yet yet

```

```
86/17 Architects A/546/88 yes yes yes yes yes A/389/88 A/547/88 yes yes yet Vs>
(6.8.87) n.m.n. n.m.n. n.m.n.

```

```
A/546/88 yes

n.m.n.

```

```
yes yes yes yes A/389/88 A/547/88 yes

                         n.m.n. n.m.n.

```

```
yes yet

```

```
169

letter

```

```
169

letter

```

```
n.m.n.

169

letter

```

```
86/94 Detergents

(31.12.89)

86/96 Prepackaged

(19.9.87) products

86/217 Tyre pressure
\,v 1.11.87) gauges

```

```
yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yet

yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 139 
Directive Subject DK UK EL IRL NL

```

```
A/586/89 yes A/804/89 A/618/89 A/596/89

n.m.n. n.m.n. n.m.n. n.m.n.

169 169 169 169

letter letter letter letter

```

```
A/587/89 yes

n.m.n.

169

letter

```

```
86/295 Construction

 (30.5.89 plant (rops)

86/296 Construction

(30.5.89) plant (fops)

86/297 Tractors
(2.1.88- power take-offs

1.1.95)

86/298 Tractors
(2.6.88) protection

       structures

86/312 Lifts

(27.9.86)

86/388 Cellulose film

(1.4.87) tn contact with

       foodstuffs

86/415 Tractors

(1.10.87)

86/424 Caseins and

(15.1.88) caseinates

      analysis

86/457 Training In

(1.1.88- general medical

1.1.90) practice

```

```
A/610/89 A/592/89 A/622/89

n.m.n. n.m.n. n.m.n.

```

```
yes A/53/89 yes yes yes yes yes A/56/89 yêT

      n.m.n. n.m.n.

      169 r.o.

       letter

```

```
n.m.n.

```

```
169

letter

```

```
169

letter

```

```
n.m.n.

169

letter

```

```
A/805/89 A/619/89 A/597/89

n.m.n. n.m.n. n.m.n.

169 169 169

letter letter letter

```

```
A/611/89 A/593/89 A/623/89

n.m.n. n.m.n. n.m.n.

169 169 169

letter letter letter

```

```
A/602/89 yes

n.m.n.

169

letter

A/603/89 yes

n.m.n.

169

letter

```

```
yes yes yes yes yes yes yet yet yet yet yet

yes yes yes yes yes yes yet yet yes yet yet

yes yes yes yes yes yes yes yes yet yet yet

yes yes yes yes yes yet yet yet yet yet

```

**X**

```
yes yes yes yes yes yes yes A/78/88 yet

                                             n.m.n.

                                             Cate

                                             250/89

```

```
yet

```

```
yet

```

```
A/14/89

n.m.n.

169

letter

```

```
yes yes yes yes A/16/89 yet yet yet yet yet

                          n.m.n.

                          169

                          letter

```

```
yes yes yes yes yes

```

```
yes yet yet

```

```
n.m.n.

r.o.

```

```
                                             - 131 
Directive Subject DK UK EL IRL NL

```

```
86/508 Paints, varnishes yes

(1.9.87) etc.

```

```
yes yes yes yes yes yes yet yes yes yes

```

```
86/562 Motor vehicles

 (31.12.86)

86/604 Preservatives used

(1.1.88) in foodstuffs

       Intended for human

       consumption

86/663 Self-propelled

(1.1.89) Industrial

       trucks

```

```
A/612/89 yes

n.m.n.

169

letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yet

```

```
A/216/89

n.m.n.

169

letter

```

```
yet A/214/89 yet

      n.m.n.

      169

      letter

```

```
yes A/212/89 yes

       n.m.n.

       169

       letter

```

```
yes yes A/215/89 yes

             n.m.n.

             169

             letter

```

```
A/624/89 yes

n.m.n.

169

letter

```

```
yes yes A/588/89 A/594/89 A/806/89 A/620/89 A/598/89

             n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

             169 169 169 169 169

             letter letter letter letter letter

```

```
87/19 Proprietary yes

(1.7.87) medicinal products

```

```
yes yes yes yes yet yet yet yet 1.1.91

```

```
87/20 Veterinary

(1.7.87) medicinal

       products

87/21 Proprietary

(1.7.87) medicinal

       products

```

```
yes yes yes yes yes yes yes A/94/88 yet

                                             n.m.n.

                                             r.o.

```

```
yet yet yet

```

```
yes yes yes 1.1.92 yee yes 1.1.92 yes yes yet yet 1.1.92

```

```
^

```

*****
```
87/22 High-Technology yes yes yes yes yes yes yet yet yet yet
(1.7.87) medicinal products

```

```
yes yes yes yes A/449/89 yet

                          n.m.n.

                          169

                          letter

```

```
87/54 Legal protection

(7.11.87) of semi-conductor

      topographies

87/56 Sound level

(1.1.88) of motorcycles

```

```
A/209/89 yes

n.m.n.

169

letter

```

```
yet yet yet yet

```

```
yes yes yes y«s yes yes yet yet yet yet yet yet

```

```
                                             - 132 
Directive Subject DK UK EL IRL NL

```

```
87/76 Motor vehicles 
(1.7.88) air pollution

```

```
yes yes yes yes yes yes A/379/89 yes

                                      n.m.n.

                                      169 letter

```

```
yes yet yet yet

yet yet yet yet

```

```
87/77 Gaseous polutants yes

(1.7.88) from diesel

       engines

```

```
yes yes yes yes yes A/380/89 yes

                                n.m.n.

                                169 letter

```

```
A/233/89 yet

n.m.n.

169 letter

```

```
yes yes yes A/238/89 A/296/89 A/294/89 yet

                   n.m.n. n.m.n. n.m.n.

                   169 letter 169 letter 169 letter

```

```
87/94 Straight

(31.12.87) fertilizers

87/250 Labelling of

(1.5.88- alcoholic

1.5.89) beverages

```

```
A/229/89 yes

n.m.n.

169 letter

```

```
yes yes yes yes A/114/89 yes

                         n.m.n.

                          169

                          letter

```

```
A/155/89

n.m.n.

169

letter

```

```
yes yet yet yet

```

```
87/308 Radio interference A/614/89 yes

(31.12.88- n.m.n.

31.12.89) 169

                   letter

87/310 Suppression of A/615/89 yes

(31.12.88- radio interference n.m.n.

31.12.89) flourescent lights 169

                   letter

```

```
yes yes yes yes A/590/89 yes A/608/89 A/616/89 A/600/89

                          n.m.n. n.m.n. n.m.n. n.m.n.

                          169 169 169 169

                          letter letter letter letter

"yea y^s" y ^ yêt A/591/89 yes A/809/89 A/617/89 A/601/89

                          n.m.n. n.m.n. n.m.n. n.m.n.

                          169 169 169 169

                          letter letter letter letter

```

```
87/354 Industrial

(31.12.87) products 
       indications of

      Member States

87/355 Measuring

(31.12.87) instruments

87/356 Prepackaged

(30.6.88) products

```

```
A/396/88 A/398/88 yes

n.m.n. n.m.n.

r.o. 169

      letter

```

```
yes yes yes yes yes yes A/193/89 yet

                                             n.m.n.

                                             169 letter

```

```
yes yes yes yes A/403/88 yet

                          n.m.n.

                          r.o.

```

```
yet yet

```

```
yes yes yes yes yet yet A/404/88 yet yet yet

                                             n.m.n.

                                             r.o.

```

```
yet yet

```

```
                                            - 133 
Directive Subject DK UK EL IRL NL

```

```
87/358 Motor vehicles

(1.10.88) type-approval

87/402 Tractors

(26.6.89)

87/403 Motor vehicles

(1.10.88) type-approval

87/524 Preserved

(6.4.89) milk products

87/566 Fertilizers 
(31.10.88) sampling and

       analysis

88/182 Technical

(1.1.89) standards

88/183 Fluid fertilizers

(25.3.89)

88/194 Motor vehicles 
(1.10.88) braking devices

88/195 Motor vehicles 
(1.4.88) engine power

88/295 Public supply

(1.1.89) contracts

```

```
yes yes yes yes yes yes A/377/89 yes

                                      n.m.n.

                                       169 letter

```

```
yes yes yes 1.3.92 yes yes 1.3.92 A/449/89 yet

                                            n.m.n.

                                             169

                                             letter

```

```
yes yet yet yet

```

```
yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/378/89 yes

                                      n.m.n.

                                       169 letter

```

```
yes yet yet yet

```

```
yes yes yes yes yes yet yet yet yet yet

```

```
A/230/89 yes

n.m.n.

169

letter

```

```
169

letter

```

```
y^s yes A/239/89 A/440/89 A/441/89 yet

             n.m.n. n.m.n. n.m.n.

```

```
A/234/89 yet

n.m.n.

169

letter

```

```
n.m.n.

169

letter

```

```
n.m.n.

169

letter

```

```
yes yes yes yes yet yet yet yet

      yes yes yes yet

yes yes yes yes yes yes A/381/89 A/392/89 yet

                                      n.m.n. n.m.n.

                                      169 letter 169 letter

```

```
X

```

```
yet

```

```
yet yet

```

```
yes yes yes yes yes yes A/382/89 yet yet yet yet yet

                                      n.m.n.

                                      169

                                      letter

```

```
yet A/580/89 1.3.92

      n.m.n.

       169

       letter

```

```
                                             - 134 
Directive Subject DK UK EL IRL NL

```

```
88/297 Tractors
(31.12.88) type approval

88/316 Prepackaged

(30.6.88) liquids

8 8 / 3 2 0 G o o d laboratory

(1.1.89) practice

88/366 Motor vehicles 
(1.10.88) field of vision

88/388 Flavourings

(30.12.89)

```

```
yes yes yes yes yes yes yes yet yet yet

```

```
yes yes yes yes A/191/89 yes

                         n.m.n.

                          169

                          letter

```

```
yes A/194/89 A/196/89 yet yet

      n.m.n. n.m.n.

       169 169

       letter letter

```

```
yet

```

```
yes yes yes yet yet

```

```
yes yes yes yes yes yet A/383/89 A/393/89 yet

                                      n.m.n. n.m.n.

                                      169 169

                                      letter letter

```

```
yet yet yet

```

```
88/410

(30.9.88)

```

```
Tractors yes yes yes yes yes yes A/384/89

                                                  n.m.n.

                                                  169

                                                   letter

```

```
yet yet yet

yet yet yet

yes yet yet

yet yet yet

```

```
88/411 Tractors - yes

(30.9.88) steering equipment

```

```
yes yes yes yes yes A/385/89

                                n.m.n.

                                169

                                letter

```

```
88/412 Tractors 
(30.9.88) speed

88/413 Tractors 
(30.9.88) roll-over

      protection

```

```
yes yes yes yes yes yet A/386/89

                                      n.m.n.

                                      169

                                      letter

yes yes yes yes yes yet A/387/89

                                      n.m.n.

                                      169

                                      letter

```

```
                                             - 135 
Directive Subject DK UK EL IRL NL

```

```
88/414 Tractors

(30.9.88)

88/436 Restriction of

(1.10.88) pollutant emissions

       from diesel engines

88/465 Tractors

(30.9.88)

88/571 Electrical

(31.12.89) equipment

88/593 Jams, jellies

(1.1.89) and marmalades

```

```
yes yee yes yes yes yes A/388/89

                                      n.m.n.

                                      169

                                      letter

      yes yes yes yes yes A/389/89 yes

                                      n.m.n.

                                      169

                                      letter

yes yes yes yes yet yes A/390/89

                                      n.m.n.

                                      169

                                      letter

      yes yet

```

```
yet yet yet

yet yet yet yet

yet yet yet

```

```
89/105 (31.12.89) medicinal Pricing of X

      products

```

```
89/173 Tractors

(31.12.89

89/235 Motorcycles

(30.4.89) sound level

89/240 Self-propelled

(1.1.89) industrial

      trucks

89/277 Motor vehicles

(30.9.89)

```

```
yes yes yet yet

yes yes yet yet yet yet

```

```
A/613/89

n.m.n.

169

letter

```

```
yes A/625/89 yes

      n.m.n.

      169

      letter

```

```
169

letter

```

```
yet yet A/589/89 A/595/89 A/807/89 A/621/89 A/599/89

             n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

```

```
n.m.n.

169

letter

```

```
n.m.n.

169

letter

```

```
n.m.n.

169

letter

```

```
n.m.n.

169

letter

```

```
yes yes yes yes yet yet yet yet

```

```
                                            -136
DI recti ve Subject i D DK Ë F UK EL Ï IRL L NL P

89/278 Motor vehicles yes yes yes yes yes yes yes yes
(30.9.89)

89/297 Motor vehicles yes yes yes yes yes yes yet yet yet yet
(30.10.89)

89/344 Cocoa and yes

(1.1.88) chocolate

89/516 Motor vehicles yes yes yes yes yes
(31.12.89)
```

_**Ts**_

```
89/517 Motor vehicles yes yes yes yes yet
(31.12.89)

89/518 Motor vehicles yes yes yes yet yet
(31.12.89)

```

**X**

```
                                         -137
Directlve Subject DK E UK EL IRL L NL P

Competition

```

```
88/301 Telecommunications

(31.12.88) terminal equipment

```

```
yes yes yes yes yes yes yet yet

```

```
X

```

```
                                             -138
Dlrectlve Subject DK UK EL IRL NL

Financial institutions and company law

```

```
69/335

(1.1.72)

```

```
Raising of
capital

```

```
yes yes yes yes yes yes yes yet yet yet yet

```

```
72/166 Insurance
(16.12.73) against civil
       liability
       (Green card)

```

```
yes yes yes yes yes yes yes A/485/87 yes yes
                                         n.p.a

                                         r.o.

```

```
yet yet

```

```
73/79

(1.1.76)

```

```
Capital duty yes yes yes yes yes yes yes yet yes yet yet

```

```
72/239 Taking up of yes yes yes yes yes yes yes yes yet yet yet yet
(31.1.75) business of

       direct insurance

```

```
77/91 Company low
(16.12.78)

77/799 Mutual

(1.1.79) assistance

```

```
A/404/86

n.p.a.

r.o.

```

```
yes yes yes yes yes yes yet yet yet yet

```

```
yes yes yes yes yes yes yes yes yes yet yet

```

```
                                                                                    ^
78/473 Commun i ty yes A/126/83 A/57/82 yes A/265/81 yes yes yes A/127/83 yet yet yet u^
(2.12.79) co-Insurance n.p.I. n.p.I. n.p.i. n.p.i. o^

```

```
A/126/83 A/57/82 yes

n.p.I. n.p.I.
Judgment Judgment

4.12.86 4.12.86

Case Case

205/84 252/83

```

```
A/265/81 yes
n.p.i.
Judgment
4.12.86

Case

220/83

```

```
yes yes A/127/83 yet
            n.p.i.
            Judgment

            4.12.86

            Cate

            206/84

```

```
yet yet

```

```
                                              -139
Dlrectlve Subject DK UK EL IRL NL

```

```
78/660 Annual accounts yes
(31/1/82) of companies

```

```
78/855

(12.10.80)

79/279

(30.6.83)

79/1070

(1.1.81)

```

```
Mergers A/129/86

          n.m.n.

          Judgment

          11.5.89

          Case

          46/88

```

```
yes yes yee yes yes A/306/82

                                    n.m.n.

                                    Judgment

                                    20.3.86

                                    Case 17/85

                                    A/433/88

                                    n.m.n.

                                    169 letter

                                    (Art. 171)

yes yes yes yes yes yes A/133/86

                                    n.m.n.

                                    (delete)

                                    Cate

                                    90/88

```

```
yet yet yet yet

yet yet yet yet

```

```
Admission to

official

listing

Mutual

assistance

```

```
A/9/84

n.m.n.

Judgment

12.2.87

Case

390/85

A/167/89

n.m.n.

169 letter

(Art. 171)

```

```
yes yes yes yes yes yet yes yet yet

```

```
yes yes yes yes yes yet yet yet yet yet

```

```
                                           -149
Dlrectlve Subject DK UK EL IRL NL

```

```
yes yes A/338/86 yes
                 n.p.I.

                 r.o.

```

```
80/390

(30.6.83)

82/121

(30.6.83)

82/891

(1.1.86)

83/349

(1.1.88)

84/5

(1.1.88)

```

```
Regular
information

to be pub Iished
by companies

Division of

public limited
liability
compan i es

Consol(dated

accounts

Insurance

against civ!I
liability

```

```
A/10/84

n.m.n.

Judgment

```

```
Listing
particulars for
admission to

official listing

```

```
yes yes yet yet yet

```

```
12.2.87

Case

390/85

```

```
letter

```

```
A/168/89

n.m.n.

169 letter

(Art. 171)

A/11/84

n.m.n.

Judgment
12.2.87

Case

390/85

A/169/89

n.m.n.

169 letter

(Art. 171)

A/129/86

n.m.n.

Judgment
11.5.89

Cass

46/88

A/319/89

n.m.n.

169

letter

```

```
A/170/89 yes

n.m.n.

169

letter

```

```
yes yes yes yes yet yet yet yet yet

```

```
                                  A/133/86
yes yes yes yes yes
                                   n.m.n.

                                  Cate

                                  90.88

```

```
yet yet yet yet

```

```
yet A/314/89
     n.m.n.

     169

     letter

```

```
A/379/87 A/320/89 yes yes
n.p. i n.m.n.

r.o.

```

```
A/323/89

n.m.n.

169

letter

```

```
      A/321/89
yes

      n.m.n.

      169

      letter

```

```
A/322/89 yet

n.m.n.

169

letter

```

```
n.m.n.

```

```
169

```

```
A/172/89 yet

n.m.n.

169

letter

```

```
yes yes yes yes A/200/89 A/171/89 yet

                       n.m.n. n.m.n.

```

```
169

letter

```

```
169

letter

```

```
                                              -141
Dlrectlve Subject DK UK EL IRL NL

```

```
84/253 Audits of

(1.1.88) accounting

        documents

84/641 Tourist

(30.6.87) assistance

```

```
yes yes yes yes yes yes A/177/89 A/178/89

                                     n.m.n. n.m.n.

                                     169 169

                                     letter letter

```

```
yes yes yes yes A/327/89 yes

                              n.m.n.

                               169

                               letter

```

```
A/326/89

n.m.n.

169

letter

```

```
yes A/328/89 yes

      n.m.n.

      169

      letter

yet A/179/89 yet

      n.m.n.

      169

      letter

```

```
85/303 Indirect taxes yes

(1.1.86) on capital

```

```
yes yes yes yes yes yet yet yet yet

     yes yes yes yes yes yet yet yet

     yes yes yes yes yes yet yet yet ^

                                               Q                                               ^

```

```
85/611

(1.1.89)

88/220

(1.1.89)

88/357

(30.6.90)

```

```
Undertakings for

collective

investments

(UCITS)

Undertakings for

collective

investments

(UCITS)

Direct

insurance

```

```
                                            -142
Directive Subject DK E UK EL IRL NL

Employment, social affairs and education

```

```
68/360 Movement and A/373/86 yes
(15.7.69) residence of n.p.a.
       workers r.o.

```

```
yes yes yes yes yes yes yes A/382/87
                                          n.p.a.
                                          (delete)

                                          Cate

                                          68/89

```

```
yes

```

```
75/129 Collective yes
(19.2.87) redundancies

76/207 Equal treatment yes
(12.8.78) for men

       and women

```

```
yes yes yes yes yes yes A/45/78
                                  n.m.n.

                                   Judgment
                                  8.6.82

                                   Case

                                   91/81

```

```
                 A/144/85
yes yes yes
                 n.p.I.
                 Judgment
                 25.10.88

                 Case

                 312/86

                A/312/84

                 n.p.i.
                 Judgment
                 30.6.88

                Case

                 318/86

```

```
yes yet yet yet

```

```
            A/102/83

            n.m.n.

            Judgment
            6.11.85

            Cate 131/84

A/260/85 yes yet yet yet yet yet
n.p.i.
169

letter

(Art. 171)

A/131/80

n.p.i.
Judgment
8.11.83

Cate

165/82

```

```
X

```

```
A/350/89 A/84/82

n.p.I. n.p.i.
169 (delete)

letter Case

(Art. 171) 202/89

      A/143/85

      n.p. i.
      (delete)
      Case 202/89

```

```
                                            -143
Directive Subject DK E UK EL IRL NL

```

```
yes yet yet

     rv.p-a
```

_**K.O**_

```
77/187 Transfers yes
(16.2.79) of businesses

```

```
yes yes yes yes yes yes A/462/87 yes
                                   n.p.I.

                                   r.o.

                                   A/24/82

                                   n.p.I.
                                   Judgment
                                   10.7.86

                                   Cate

                                   235/84

yes yes yes yes yee yes yet

```

```
79/7
(22.12.84)

80/987
(22.10.83)

```

```
Equal treatment
for men and

women

Protection of

empIoyeet In
the event of

the insolvency
of the employer

```

```
A/324/87

n.p.a.
(delete)

Case

229/89

```

```
yes yes yes yes yes yes A/116/86 A/118/85
                                    n.p.i. n.p.i.
                                    (delete) Judgment
                                    Case 2.2.89

                                    53/88 Cate
                                          22/87

```

```
V^ yet yet yet

```

```
80/1107 Protection of yes
(4.12.83/ workers 4.12.84 chemical,
       physical and
       biological agents

```

**`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** _yes_ **`yet`** **`yet`** **`yet`**

```
X

```

```
82/605

(1.1.86)

83/477

(1.1.87)

```

```
Protection of

workers from

exposure to

metallic lead

Protection of

workers from

exposure to

asbestos

```

```
                                         A/66/87
yes yes yes yes yet yet yes
                                          n.m.n.

                                          (delete)

                                         Case

                                          290/88

yes yes yes yes yes yfi yes A/459/87
                                         n.m.n.

                                          (delete)

                                         Cate

                                         240/89

```

```
yet yet yet yet

```

_**MS**_ **`yet`** **`yet`** **`yet`**

```
                                             -144
Directive Subject DK UK EL IRL NL

```

```
86/378
(30.7.89)

86/613
(30.6.89)

88/35
(1.1.88)

```

```
Equal treatment
for men and

women

Equal treatment

for men and

women

Electrical

equipment for
use in mines

susceptible to
firedamp

```

```
            A/459/89
yes yes
            n.m.n.

            169

            letter

```

```
      yes yes yes yes yes

yes yes yes yes yes yes yes yes yet

```

```
A/460/89 A/461/89 A/462/89 A/463/89

n.m.n. n.m.n. n.m.n. n.m.n.

```

```
169

letter

```

```
A/464/89 A/465/89

n.m.n. n.m.n.

169 169

letter letter

```

```
n.m.n.

169

letter

```

```
n.m.n.

169

letter

```

```
n.m.n.

169

letter

```

```
V

```

_**X**_

```
-£

```

```
                                              -145
Directive Subject DK UK EL IRL NL

Environment, consumer protection and nuclear safety

```

```
71/307 Textile

(29.1.73/

1.7.73)

```

```
yes yes yes yes yes yes yes yes yet yes yet yet

```

```
72/276 Analysis of yes

(10.1.74) fibres

```

```
yes yes yes yes yes yes yes yes yes yes yet

```

```
73/44 Analysis of

(27.8.74) fibres

```

```
yes yes yes yes yes yes yes yes yet yet yet yet

```

```
yes yes yes yes A/419/86

                                    n.p.a.

                                    (delete)

                                    Case

                                    366/89

```

```
yet yet yet

yet yet yet

```

```
A/98/79

n.m.n.

Judgment

2.2.82

Case

70/81

A/170/84

n.m.n.

Judgment

14.1.88

Case

229/85

A/108/87

n.p.a.

Case

162/89

```

```
A/345/87 A/372/87 yes A/81/88 A/349/87 yes A/347/87 yes

n.p.i. n.p.a. n.p.a. n.p.i. n.p.i.

(delete) (delete) (delete) r.o. r.o.

Case Case Case

290/89 58/89 21/89

```

```
75/439

(18.6.77)

75/440

(18.6.77)

```

```
Disposal of

waste oiIs

Surface

water

```

-146

```
P

```

```
NL

yes

yes

```

```
L

yes

yes

```

```
IRL

yes

yes

```

```
EL

yes

A/315/87

n.p.a.

r.o.

```

```
I

A/284/87

n.p.a.
(delete)

Case

48/89

A/239/88

n.p.a.

r.o.

A/356/87

n.p.1.

r.o.

```

```
D

yes

A/393/87

n.p.a.

r .o.

```

```
DK

yes

yes

```

```
F

yes

yes

```

```
UK

yes

A/84/86

n.p.a.

r .o.

A/214/86

n.p.a.

r .o.

```

```
Directive

75/442

(18.7.77)

76/160

(10.12.77)

```

```
Subject

Waste

Bathing

water

```

```
B

A/102/78

n.m.n.

Judgment

2.2.82

Case

69/81

A/171/84

n.m.n.

Judgment

14.1.88

228/85

A/109/87

n.p.a.
(delete)

Case

162/89

A/71/88

n.p.a.

r .o.

yes

```

```
E

yes

```

```
                                              -147
Directive Subject DK UK EL IRL NL

```

```
76/403

(9.4.78)

76/464

(15.3.77)

76/579

(3.6.80)

76/768

(31.12.80)

```

```
Cosmetics yes yes yes A/371/87 A/390/86 yes
                           n.p.a. n.p.i.

                            r.o. r.o.

```

```
A/421/86 yet

n.p.i.

r.o.

```

```
Disposal of

PCBs and PCTs

Pollution 
dangerous

substances

in the sea

Health 
ionizing

radiation

```

```
A/94/79

n.m.n.

Judgment

2.2.82

Case

71/81

A/172/84

n.m.n.

Judgment

24.1.88

Case

230/85

A/110/87

n.p.a.

(delete)

Case

162/89

```

```
yes yes yes yes yes yes A/285/87
                                    n.p.a.

                                    (delete)

                                    Case

                                    48/89

```

```
yes yes yes

```

```
A/289/88 yes

n.p.a.

r.o.

```

```
yes yes yes yes yes yet yet yet yet

     yes yes yet

```

```
yet yet yet yet

```

```
                                              -148
Directive Subject DK UK EL IRL NL

```

```
78/176

(22.2.79)

78/319

(22.3.80)

78/659

(20.7.80)

79/76

(27.6.79)

```

```
Waste from

the titanium

dioxide

industry

Toxic and

dangerous

wastes

Qua IIty of

fresh waters

Analysis

of fibres

```

```
A/135/79

n.m.n.

Judgment

2.2.82

Case

68/81

A/169/84

n.m.n.

Judgment

14.1.88

Case

227/85

(Art. 171)

A/169/83

n.p.i.

Judgment

2.12.86

Case

239/85

A111/87

n.p.a.

(delete)

Case

162/89

```

```
yes yes yes yes yes yes yes yes yet yes

```

```
yes yes A/81/88

           n.p.a.

           (delete)

           Case

           21/R9

```

```
yes yes yes A/286/87

                   n.p.a.

                   (delete)

                   Case

                   48/89

```

```
yes yet yet 1.1.89

yet yet yet

```

**x:**

```
XT)

```

```
yes yes yes yes yes yes yes A/71/85
                                           n.p.I.

                                           Judgment

                                           12.7.88

                                           Case

                                           322/86

```

```
yes yes yes yes yes yes yes yes yet yet yes

```

```
                                              -149
Dlrectlve Subject DK UK EL IRL NL

```

```
79/112 Labelling of

(22.12.84) foodstuffs

```

```
yes yes yes yes yes yes A/101/87
                                           n.p.a.

                                           (delete)

                                           Case

                                           177/89

                                           A/243/88

                                           n.p.a.

                                           r.o.

```

```
yes yes yes yes

```

```
79/113

(21.6.80)

79/343

(3.6.80)

79/370

(1.7.80)

79/409

(6.4.81)

```

```
Construction

plant 
noise emissions

Health

protection 
ionizing

radiation

Dangerous

substances

Conservation of

wild birds

```

```
A/118/84

n.p. i.

Judgment

8.7.87

Case

247/85

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

y*s

```

```
yes yes yes yes yes

yes yes yes yes yet yet

```

```
yes yes yes

```

```
yes yes yes yes yet yet

```

```
A/119/84

n.p.I.

Judgment

17.9.87

Case

412/85

A/222/86

n.p.i.

(delete)

Case

288/88

A/246/87

n.p.a.

(delete)

Case

57/89

```

```
yee A/295/88 A/121/84 A/187/87 A/283/88 A/124/84

     n.p.a. n.p.i. n.p.a. n.p.a. n.p.i.

     r.o. Judgment r.o. r.o. Judgment

            27.4.88 13.10.87

           Case Case

            252/85 262/85

                              A/501/87

                              n.p.a.

                              (delete)

                              Cate

                              157/89

                              A/327/87

                              n.p.a.

                              r.o.

```

```
yet yet

yet

yet yet

A/125/84 A/324/88

n.p.i. n.p.a.

Judgment r.o.

13.10.87

Cate

236/85

A/400/85

n.p.i.

(delete)

Cate

339/87

```

```
A/309/87 yet

n.p.a.

r.o.

```

```
                                              -159
Dlrectlve Subject DK UK EL IRL NL

```

```
79/409

(continued)

79/581

(20.6.81)

79/831

(18.9.81/

18.9.83)

```

```
A/362/87

n.p.a.

Case

57/89

A/48/89

n.p.I.

169

letter

(Art. 171)

```

```
Prices of

foodstuffs

Dangerous

substances

```

```
A/306/86 yes

n.p.t.

r.o.

yes A/339/87

       n.p.a.

       r.o.

```

```
yes yes yes yes yes yet yet yet yet yet

```

```
yes yes

A/350/87 yes

n.p.i.

r.o.

```

```
yes. yes yet yet

```

```
A/348/87 yet

n.p.i.

r.o.

```

```
X

```

**d**

```
A/372/87

n.p.a.

(delete)

Case

58/89

```

```
A/38/84

n.p.i.

Judgment

14.10.87

Case

278/85

yee y»s

```

```
79/869 Analysis of

(11.10.81) surface water

79/923 Quality of

(5.11.81) shellfish

       waters

80/68 Protection of

(19.12.81) groundwater

```

```
A/346/87

n.p.i.

(delete)

Case

290/89

```

```
A/281/84

n.p. i.

Judgment

17.6.87

Case

1/86

A/291/88

n.p.i.

169

letter

(Art. 171)

```

```
yet yet

```

```
yet

yet

```

```
yes yes yes yes yes yes yes yes yes yet yet

```

```
A/121/86

n.p.i.

(delete)

Case

131/88

```

```
yes A/81/88

     n.p.a.

     (delete)

     Ce»e

     21/E9

```

```
yes A/354/88 yes

      n.p.a.

       r.o.

```

```
A/86/86

n.p.a.

(delete)

Case

360/87

```

```
yet yet A/71/83

            n.m.n.

            Judgment

            17.9.87

            Cate

            291/84

            A/532/88

            n.m.n.

            169

            letter

            (Art. 171)

```

```
V

```

```
                                             -151
Dlrectlve Subject DK UK EL IRL NL

```

```
yes A/363/87 yes

      n.p.a.

      r.o.

yes A/120/86 yes
      n.p.!.

      r.o.

```

```
A/440/87 yes A/81/88 A/224/86 A/379/87
n.p.i. n.p.a. n.p.i. n.p.a.
r.o. (<ie!etc) (delete) (delete)
```

_**Cc-,o**_ **`Case`** **`Case`**
```
           21/0'J 287/88 337/89

```

```
80/778
(17.7.82)

80/779

(18.7.82)

```

```
Air quality yes A/119/86
                n.p.i.
                (delete)

                Case

                361/88

```

```
Water for

human

consumption

```

```
A/221/86
n.p.i.
(delete)

Case

42/89

A/506/87

n.p.i.

Case

Case

42/89

```

```
yet yes

```

```
yes A/225/87

      n.m.n.

      (delete)

      Cate

      246/88

```

```
A/486/88 yet
n.p.i.

r.o.

```

```
yes yes

```

```
A/14/86

n.p.i.

r.o.

yes yes

```

```
yes

```

```
A/457/86 yet
n.p.i.

r.o.

yet yet

```

```
80/836 Hea11 h A/481/88
(3.12.82) protection n.p.i.
       against ionizing r.o.
       radiation

       (Euratom)

```

```
yes A/483/88 yes
      n.p. i.

      r.o.

```

```
X

```

```
80/1335

(31.12.82)

81/75

(27.2.82)

81/957
(1.7.83)

```

```
Cosmetics yes yes yes yes yes yes yet yet yet yet

```

```
Analysis of
text!le fibres

Dangerous

substances

```

```
yes yes yes yes yes yes yet yet yet yet

yes yes yes yes yes yes yet yet yet yet yet

```

```
81/1051 Noise emission yes
(14.6.82) of construction
       plant

```

```
yes yes yes yes yes yes yet yet yet yet

```

```
                                              -152
Dlrective Subject DK UK EL IRL NL

```

```
82/147 Cosmetics

(31.12.82)

82/176 Mercury

(25.3.84) discharges

82/232 Dangerous

(1.7.83) substances

82/368 Cosmetics

(31.12.83)

82/434 Analysis of

(31.12.83) cosmetic

       products

```

```
yes yes yes yss yes yes yes yes yet yet yes yet

```

```
yes

```

```
yes

yes

yes

```

```
yes yes

```

```
yes

yes

yes

yes

yes

yes

```

```
yes yes yet yet yet

```

```
yes yes yet yet

yes yet yet yet

```

```
yet yet

yet yet

yet

```

```
yes yes yec

```

```
yes yes

yes yes

```

```
yes

yes

```

```
     yes yes yet

            yet

yes yes yet yet

```

```
82/501 Major-accident yee

(8.1.84) hazards

82/883 Waste from the yee

(9.12.84) titanium dioxide

        industry

```

```
A/219/87 yes yes

n.p.I.

r .o.

```

```
yes

```

```
yet yet A/457/86

             n.p.I.

             r.o.

```

```
yes

yes

yes

yee

yes

A/510/87

n.p.I.

r.o.

```

```
yet

yet

```

```
v<*«

```

```
82/884

(9.12.84)

```

```
Limit value

for lead in

the air

```

```
yes

```

```
yes yes

A/36/88 yes

n.p. !.

(delete)

Case

59/89

```

```
83/129 Seal pups

(1.10.85)

83/191 Cosmetics

(31.12.84)

```

```
yes yes yes y« yes yes yet yet yet yet yet

yes yes yes yes yes yes yes yet yet yet yet yet

```

```
                                               -153
Dlrectlve Subject DK UK EL IRL NL

```

```
83/206 Noise emissions yes

(26.4.84) of aircraft

83/341 Cosmetics

(31.12.84)

```

```
yes yes

yet yet

```

```
yes yes yes yes

yes yes yes yes yes

```

```
yes

yes

```

```
yes yes yes

          yes

```

```
83/467 Dangerous

(1.1.85) substances

83/496 Cosmetics

(31.12.84)

83/513 Cadmium

(28.9.83) discharges

83/514 Cosmetics

(31.12.84)

83/574 Cosmetics

(31.12.84)

83/623 Textile

(29.11.85) names

84/156 Mercury

(12.3.86) discharges

```

```
yes yes yes yes yes ye>s yes yes yes yet

```

```
A/205/88 A/168/87 yes

n.p. I n.p. !

r.o. r.o.

```

```
yes ye*

yes y»«

```

```
yes yes yes yes yes

```

```
A/369/87

n.p.i.

(delete)

Cate

70/89

```

```
yet yes

yet yet

yet yet

```

**X**
```
yet yet

yet yet

yet

```

```
yes

```

```
yes

yes

```

```
yet yet

```

```
yes yes yes yes yes yes yet yet yet

      yes yee yes yes yet yet yet

```

```
yes yet yes

yes yes yet yet

```

```
yes

yes yes

```

```
yes yes

yes yes yes

```

```
yes

yes

```

```
84/360 Air pollution yes

(30.6.87)

```

```
yes yes yes yes A/212/88 yes

                                n.m.n.

                                (delete)

                               Case

                               257/89

```

```
yet yet yet yet

```

```
                                              -154
Dlrectlve Subject DK UK EL IRL NL

```

```
84/415 Cosmetics

(31.12.85)

84/449 Dangerous

(1.7.85) substances

```

```
yes yes yes yes yes yes yes yet

           yes yes yes yes yes yet

```

```
yet

yet

```

```
84/450 Misleading A/488/86 yes

(1.10.86) advertising n.m.n.

                 Judgment

                 16.11.89

                 Case

                 360/89

```

```
yes y*3 yes yes A/499/86 A/54/88 yet

                        n.m.n. n.m.n.

                        Judgment (delete)

                        6.12.89 Case

                        Case 256/89Case

                        329/88

```

```
yet

```

```
yet

yet

yet

yet

```

```
84/466

(1.1.86)

84/467

(5.4.86)

84/491

(1.4.86)

84/533

(26.3.86)

```

```
Radiation

protection

Health

protection

Hexochloro
cyclohexane

discharges

Sound power

level of

compressors

```

```
yes yes yes yes yes yes yet yet

```

```
A/481/88 yes

n.p.

r.o.

```

```
A/463/36 y*s

n.p.i.

r.o.

```

```
yes yes yes A/233/87

                   n.m.n.

                   (delete)

                   Case

                   246/88

```

```
A/486/88
n.p.I.

r.o.

```

```
yet

```

```
yet yet

yet

yet

yet

```

```
yes yes yes A/81/38

                  n.p.o.

                  (delete)

```

`21.` _'".*_

```
yes A/169/87
      n.p.i.

      r.o.

```

```
yes A/129/87

      n.m.n.

      (delete)

      Cate

      54/89

```

```
yet yet

```

```
X
3

```

```
84/534 Sound power

(26.3.86) level of

        tower cranes

```

```
yes yes yes yes yes yes yes yet yes yes

yes yes yes yes yes yes yes yes yet yet

```

```
84/535

(26.3.86)

```

```
Sound power

level of

welding

generators

```

```
yes yes yes yes yes yes yes yet yet yet yet

```

```
EL IRL

yes yes yes yes

yes yes yet

            yet yet

yes yet yet

yes yet yet yet

```

```
yes

yes

```

```
A/76/89

n.p.a.

169

letter

yet

```

```
NL

yes

yet

yet

yet

yet

```

```
Dlrective Subject

```

_**t**_

```
yes

```

```
84/536

(26.3.86)

84/537

(26.3.86)

84/538

(1.7.87)

```

```
Sound power

level of

power

generators

Sounc! power

level of

povcred

hand-held

concrote
breakers

and picks

Sound power

level of

I awnmowers

```

```
yes

yes

```

```
yes

yes

```

```
DK

yes

yes

```

```
•155
  UK

  yes

  yes

```

```
yes yes yes

```

```
yes yet

```

```
84/631 Transfrontier A/71/88 A/85/88 yes

(1.10.85) shipment of n.p.a. n.p.a.

        hazardous waste r.o. r.o.

```

```
X

```

```
85/203

(1.1.87)

85/210

(1.1.se

85/337

(1.7.88)

```

```
Lead content

of petrol

The effects of

pub I le and

private projects

on the

environment

```

```
yes yes A/64/P3 yes

             n.m.n.

             169

             letter

```

```
Air qua Iity yes yes
standards for

nitrogen dioxide

```

```
yes yes

yes yes

A/511/87 yes

n.p.I.

r.o.

yet yes

```

```
A/565/87

n.p.i.

r.o.

```

```
yet yet yet yet

yet yet yet

```

```
yes

```

```
yes y*s

yes yes

```

```
yet yes A/363/89 yet

             n.m.n.

             169

             letter

```

```
                                              -156
Dlrectlve Subjoct DK UK EL IRL NL

```

```
85/339

(3.7.87)

85/391

(31.12.86)

85/405

(25.3.86)

85/406

(36.3.86)

85/407

(26.3.86)

85/408

(26.3.86)

85/409

(26.3.86)

```

```
Noise emission

of construction

plant and

equipment

Sound power

level of

compressors

Sound power

level of

welding

generators

Sound power

level of

power

generators

Sound power

level of

powered

hand-held

concrete
breakers

and picks

```

```
A/351/88 yes

n.m.n.

r.o.

```

```
yet A/334/87 yet

      n.p.a.

      (delete)

      Case

      252/89

      A/157/88

      n.m.n.

      (delete)

      Cate

      252/89

```

```
Containers of

liquids for

humon

connumption

```

```
A/330/87

n.p.a.

(delete)

Case

330/89

```

```
yes yes A/337/87 A/332/87 yes

           n.p.o. n.p.a.

           r .c. r.o.

```

```
Cosmetics yes

```

```
A/338/87

n.p.a.

r.o.

yet

yet

```

```
yes yet

yes yes yes

```

```
yes yet yet yet

yes yet yet

```

```
yes

yes

yes

```

```
yes

yes

yes

yes

```

```
yes

yes

yes

yes

yes

```

```
yet

yet

yet

yet

yet

```

```
yes yes

yes yes

yes yes

```

```
yes

yes

yes

```

```
yes

yet

yes

yes

yes

```

```
yet yet

yet yet

yet yet

```

```
X

```

```
yes yes yes ye» yes yes yes yet yes yet

```

```
                                              -157
Dlrective Subject DK UK EL IRL NL

```

```
85/411 Conservation of yes

(31.7.86) wild birds

85/444 Seal pups

(1.10.89)

85/469 Transfrontier

(1.10.85) shipment of

        hazardous

        waste

```

```
A/217/87 yet

n.m.n.

169

letter

```

```
A/176/87 A/324/88

n.m.n. n.p.a.

169 r.o.

letter

yes

yet

yet

yet yet

```

```
y«« A/175/87

      n.m.n.

      (delete)

      Case

      334/89

```

```
yes

```

```
yes A/2l!: v B8 A/174/87 yes

     n.p.a. n.m.n.

     r.o. 169

            letter

yes yes

```

```
     yes yes yes

             A/374/87 yes

             n.p.I.

            r.o.

yes yes yet yet

A/492/88 A/11/89 yet yet

n.m.n. n.m.n.

```

```
yes A/256/86 yes

      n.m.n.

      r.o.

      yes yes

      yes yes

```

```
85/490 Cosmotics

(31.12.86)

85/577 Consumer

(23.12.87) protection

```

```
A/490/88

n.m.n.

169

letter

```

```
yes yes

```

```
169

letter

```

```
yes

```

```
yes

yes

yes

```

```
169

letter

```

**`letter`** **`letter`** **X**

```
86/179 Cosmetics yes yes yes yee yes yes yet yet yet yet yet
```

**`(31.12.86)`** **9**

```
yes yes yes yee yes yes yet yet yet yet yet

```

```
86/197

(1.8.88)

```

```
Label IIng of

foodstuffs

```

```
yes A/528/88 yes

       n.m.n.

       169

       letter

```

```
yes A/50/89

      n.m.n.

      169

       letter

```

```
yes yes yet yet yet yet

```

```
86/199 Cosmetics

(31.12.86)

86/278 Sewage sludge

(10.6.89) used in

        agriculture

```

```
86/279

(1.1.87)

```

```
Transfrontier

shipment of

hazardous

waste

```

```
yes yes yes ya* yes yes yet yet yet yet yet

      yes yes yes

yes yes yes yet yes yet yet yet yet yet

```

```
                                              -158
Directive Subject DK UK EL IRL NL

```

```
86/280

(1.1.88)

86/431

(1.7.87)

86/594

(4.12.89)

(24.11.89)

```

```
A/254/89 yet

n.m.n.

169

letter

```

```
Discharges of

dangerous

substances

Dangerous

substances

Household

appllances 
airborne noise

Protection

of animals

```

```
yes yes yes yes yes yes A/529/88 yes

                                     n.m.n.

                                     169

                                     letter

```

```
yet

```

```
yet

```

```
yes

```

```
yes

yes

```

```
yes yes

yes yes

```

```
yes

```

```
yes yet yet yet yet

            yet A/477/89 yet

                   n.m.n.

                   169

                   letter

```

```
86/662 Noise emitted

(29.12.88) by hydraulic

        excavators

```

```
yes yes yee yes yet A/259/89 yet

                                     n.m.n.

                                      169

                                      letter

```

```
yes yes yes yes

```

```
87/18

(30.6.88)

87/112

(1.1.87)

87/137

(31.12.87)

87/140

(1.9.88)

```

```
Chemical

substances 
verification

Transfrontier

shipment of

hazardous

waste

```

```
A/659/89 yes

n.m.n.

169

letter

yes A/258/89

       n.m.n.

       169

       letter

```

```
yet
      X

```

```
yes yet yet

```

```
Cosmetics yes yes yes yes yes yet yet yet yet yet

```

```
yes yes A/373/89 A/430/89 yet

             n.m.n. n.m.n.

             169 169

             letter letter

```

```
A/424/89

n.m.n.

169

letter

```

```
A/257/89 A/250/89

n.m.n. n.m.n.

```

```
169

letter

```

```
Textile

names

```

```
A/256/89 yes

n.m.n.

169

letter

```

```
169

letter

```

```
                                              -159
Dlrectlve Subject DK UK EL IRL NL

```

```
87/143

(1.7.88)

87/184

(1.7.88)

87/216

(24.9.88)

87/217

(31.12.88)

87/219

(31.12.88)

87/252

(1.1.88)

87/357

(26.6.89)

87/405

(26.6.89)

87/416

(29.7.87)

```

```
Environmental

poI lut ion by

asbestos

Sulphur content

of IIquld fuels

Sound power

level of

I awnmowers

Health and

safety of

consumers

Sound power

level of

tower cranes

Lead content

of petrol

```

```
Cosmetics

Textile

names

```

```
yes

yes

```

```
yes

yes

```

```
yes

A/660/S9 ye*

n.m.n.

169

letter

```

```
yes yes

      yes

```

```
yes A/431/89

      n.m.n.

      169

      letter

```

```
yes yet yes yet

```

```
yes

yet yet

yet

yet yet

yet

```

```
A/249/89

n.m.n.

169

letter

```

```
yes yes yet A/253/89 yet

                   n.m.n.

                    169

                    letter

```

```
Major-accident yes

hazards

```

```
yes yes A/423/89 yes

           n.m.n.

           ISP

           letter

```

```
       A/478/89

       n.m.n.

       169

       letter

yet A/585/89

       n.m.n.

       169

       letter

```

```
yet

yet

```

```
yes

yet

```

```
yes yes

A/584/89 yes

n.m.n.

169

letter

```

```
yes

yes

yes

```

```
A/582/89

n.m.n.

169

letter

```

```
A/531/88 A/205/89

n.m.n. n.m.n.

163 169

letter letter .

```

```
yes

yes

yee

```

```
A/431/88 yes

n.m.n.

169

letter

```

```
X
```

**3**

```
yes

```

_yen_

```
yer

```

```
yet yet

```

```
yes yes yes yes yet

          yes yes yes yet yet

```

```
87/432 Dangerous

(1.4.88- substances

1.10.88)

```

```
A/457/88 yes

n.m.n.

r.o.

```

```
yes yes A/375/88 yes

                  n.m.n.

                  169

                  letter

```

```
A/9/89 yet yet

n.m.n.

169

letter

```

```
yet

```

```
                                              -169
Directlve Subject DK UK EL IRL NL

```

```
yes yes

A/446/89 yes

n.m.n.

169

letter

yes yes

```

```
169

letter

A/583/89

n.m.n.

169

letter

```

```
A/252/89

n.m.n.

169

letter

A/447/89

n.m.n.

169

letter

```

```
yet

yet

```

```
88/233

(30.9.88)

88/347

(1.1.89
1.1.90)

```

```
169

letter

```

```
Cosmetics

Dongcrous

substances

```

```
yes A/420/89 yes

       n.m.n.

       169

       letter

A/444/89 A/445/89

n.m.n. n.m.n.

```

```
A/246/89

n.m.n.

169

letter

yet

```

```
A/370/89 A/372/89

n.m.n. n.m.n.

```

```
169

letter

```

```
169

letter

```

```
88/378 Dangerous

(30.6.89) preparations

88/667 Cosmatics

(31.12.89)

```

```
yes yet

```

```
89/174

(31.12.89)

```

```
Cosmetics yes yes yet

```

```
89/428 Titanium

(31.12.89) dioxide

       waste

```

```
<5
```

```
                                               -161
Directive Subject DK UK EL IRL NL

Agriculture

```

```
64/432 Animal

(30.6.65) health

```

```
yes yes yes yes yes yes A/314/88 yes yet yet

                                    n.p.a.

                                    r.o.

yes yes yes yes yes yes A/314/88 yet yet yes

                                    n.p.a.

                                    r.o.

```

```
64/433

(1.1.81)

65/277

(30.6.65)

```

```
Fresh meat

Intra
CommunIty

trade

```

```
A484/85

n.p.a.

(delete)

Case

304/88

A484/85

n.p.a.

(delete)

Case

304/88

```

```
yes yes yes yes yes yes yes yet yet yet yet

```

**^**
`66/400` `Beet seed` **`yes`** **`yes`** **`yes`** `yes` **`yes`** **`yes`** `yes` **`yet`** **`yet`** **`yet`** **`yet`** **`yet`** **S**
```
(31.12.85)

```

```
yes yes yes yes yes yes yes yet

```

```
yet yet yet yet

```

```
66/401 Fodder plant yet

(31.12.85) seed

66/402 Cereal seed yes

(31.12.85)

66/403 Seed potatoes yes

(13.12.85)

```

```
yes yes yes A/456/87 yes

                 n.p.a.

                 r.o.

yes yes yes A/82/88 yes

                 n.p.a.

                 r.o.

```

```
yes yet yet yet yet

yes yes yet yes yet yet

```

```
yes yes ye« yes yet yes yet yet yet yet yet

```

```
66/404 Forest

(31.12.85) reproductive

       material

66/600 Intro
(26.6.67) Community

```

```
yes yes yes yes yes yet yet yet yet yet yet yet

yes yes yes yes yes yes yet yet yet yet yet

```

```
trade In animals

```

```
                                             -162
Directlve Subject i D DK E F UK E Ï IRL L NL~"

66/601 Intro- yes yes yes yes yes yes yes yes yes yes
(26.6.67) Community trade

        In moat

68/89 Classification yes yes yes yes yee yes yes yet yet yet
(31.12.85) of untreated

       wood

68/193 Material for yes yes yes ye3 yet yes yes yet yet yet yet yet
(31.12.85) the vegetative
       propagation of

       the vine

69/60 Cereal seed yes yes yes yes yes yes yes yet yet yet yet yet
(31.12.85)

69/61 Beet seed yes yes yes ye» yes yes yes yet yet yet yet yet
(31.12.85)

69/62 Seed potatoes yee yes yee yes yet yes yet yet yet yet yet yet
(31.12.85) ^
                                                                                <r^
69/63 Fodder plant yes yes yes yet yes yes yet yet yet yet rs)
(31.12.85) seed

69/208 Oil plant yes yes yes yes yes yes yes yet yet yet yet yet

(31.12.85) seed

69/349 Intra- yes yes yes yes yes yes yes yet yet yet yet
(1.10.70) Community trade

       In meat

69/464 Potato wart yes yes yes yes yes yes yes yet yet yet yet
(9.12.71) disease

69/465 Potato cyst yes yes yes yes yes yes yes yet yet yet

(9.12.71) eelworm

```

```
                                              -163
Dlrectlve Subject DK UK EL IRL NL

```

```
70/457

(1.7.72
31.12.85)

```

```
AgrIcultural

plant

catolonue

```

```
yes yes yes A/456/87 yes

                        n.p.a.

                        r .o.

```

```
yes yes yes yes yet yes

```

```
70/458 Vegetable seed yes

(31.12.85)

70/524 Additives in yes

(25.11.72) feedlnqstuffs

```

```
yet yes

yet yet

```

```
yes yes

     yes yes

```

```
yes

yes

yes

yes

yes

yes

```

```
yes yes yes yes

yes yes yet yet

```

```
71/118

(18.2.73)

```

```
Fresh

poultrymeat

```

```
yes

```

```
A/281/87

n.p.a.

Judgment

28.11.89

Case

186/88

A/73/88

n.p.a.

r.o.

```

```
yes

```

```
A/129/88 yes

n.p.a.

r.o.

```

```
yes yes yet

```

**X**

```
71/140 Material for yes

(31.12.85) the vngetatlve

       propagation of

        the vine

```

```
yes

```

```
yes

yes

yes

yes

yes

yes

```

```
yes yet yet yet yet yet

yes yes yes yet yet

yes yet yet yet yet

```

```
71/161 Forest

(31.12.85) reproductive

       material

71/162 Seed

(31.12.85)

```

```
yes

yes

```

```
yes yes

yes yes

yes yes

```

```
71/285 Intra- yes

(23.7.72) Community trade

        in animals

```

```
yes yes yes yes yes yes yet yet yet yet

```

```
                                            -164
D! recti ve Sub j eel i D DK Ê F UK E Ï IRL L NL P

72/159 Modernization yes yes yes yes yes yes yes A/335/88 yes yes yet yet
(19.4.73) of farms n.p.a.

                                                          r.o.

72/168 Vegetable yes yes yes yes yes yes yes yet yet yet yet
(31.12.85) varieties

72/169 Vine yes yes yes yes yes yes yes yet yet yet yet
(31.12.85) varieties

72/180 Agricultural yes yes yes yes yes yes yes yet yet yet yet
(31.12.85) plant varieties

72/274 Seed yes yes yes y«s yes yes yes yet yet yet yet
(31.12.85)

72/275 Control of yes yes yes yes yes yes yes yet yet yet yet
(31.12.85) feedlngstuffs

72/461 Intra- yes yes yes yes yes yes yes yet yet yet yet
(1.1.74) Community trade
       in meat
                                             X
72/462 Importation yes yes yes yes yes yes yes yet yet yet yet ^ ^

(1.1.77) of animals c
73/47 Control of yes yes yes y*s yes yes yes yet yes yet yet
(1.1.73) feedlngstuffs

73/418 Seed yes yes yes yes yet yes yes yet yet yet yet
(31.12.85)

```

```
                                           -165
```

**`Dlrectlve`** **`Subject`** **`i`** **`D`** **`DK`** _**ï**_ _**F**_ **`Ûi<`** **`ÊI`** **`ï`** **`IRL`** **`L`** **`N T`**

```
73/438 Seed yes yes yes yes yes tyes yes yes yes yes yes
(31.12.85

74/13 Forest yes yes yes yes yes yes yes yes yes yes
(31.12.85) reproduction
       material

74/63 Undesirable yes yes yes yes yes yes yes yes yet yes yes
(1.1.76) substances        feedlngstuffs

```

**`74/268`** **`'Avcna`** **`fatua'`** **`yes`** **`yes`** **`yes`** **`y«*`** **`yes`** **`yee`** **`yes`** **`yes`** **`yet`** _**yet**_ **`yes`**
```
(1.1.76)

74/577 Slaughter of yes yes yes yes yes yes yes yet yet yet yet

(1.7.75) animals

74/647 Carnation yes yes yes yes yes yes yet yet yet yet yet

(10.12.75) leaf-rollers

74/649 Material for yes yes yes yes yes yes yes yes yes yet yet
(31.12.85) the vegetative X
       propagation of "eys
       the vine

75/431 Trade in fresh yes yes yes >fs yes yes yes yes yet yes yet
(1.1.77) poultry meat

75/444 Seed yes yes yes yee yes yet yes • yet yet yet yet
(31.12.85)

75/502 Seed of yes yes yes y33 yes yes yes yet yet yes yet
(31.12.85) smooth-stalk
       meadowgrass

76/331 Beet seed yes yes yes y*s yes yes yes yet yet yet yet
(31.12.85)

```

```
UK

yes

yes

yes

```

```
EL IRL

yes yes yes yes

```

```
yes yes yet

```

```
Directive Subject

76/895 Pesticide

(26.11.78) residues - fruit

      and vooetables

```

```
yes yes

```

```
              - 166

DK

yes yes

```

```
77/93

(1.5.80)

77/96

(1.1.79)

```

```
Harmful organisms yes

```

```
NL

yes

yet

yes

```

```
yes A/323/87 yet

       n.p.a.

       (delete)

      Case

       128/89

```

```
yes

```

```
yes

yes y«t

```

```
yes

yes

```

```
Examinât ion

for trichinae

```

```
yes

```

```
yes

yes

```

```
77/98 Veterinary

(1.1.78) problems

77/99 Health problems

(1.1.81)

77/101 Straight

(1.1.81) feedlnçstuffs

77/489 Protection of

(1.8.78) animals during

       International

      transport

77/504 Pure-bred breeding

(1.1.79) animals of the

      bovine species

77/629 Material for the

(31.12.86) vegetative propag
      ation of the vine

```

```
yes yes yes yes yes yes yes yes yet yes

yes yes yes yes yes yes yes yet yet yet

```

```
X

```

```
yes

yet

```

```
yes yes yes yet yet

yes yes yes yes yes

yes yes yes A/449/88 yet

                   n.p.a.

                   r.o.

yes yes yes yet yet

```

```
yes

yes

yet

yet

```

```
yes

yes

yes

yes

```

```
yes

yes

```

```
A/143/86 yes

n.p.a.

r.o.

yes yes

```

```
yes

yes

```

```
y^s

y-3

```

```
yes

yes

yes

yes

```

```
78/50

(30.6.78)

```

```
Trade In fresh

poultrymeat

```

```
yes yes yes yes yes yes yes yes yet yet

```

```
                                             - 167 
Directive Subject DK UK EL IRL NL

```

```
78/386 Fodder plant seed yes

(31.12.85)

```

```
yes

yes

yes

yet

yes

yes

yes

```

```
yes

yes

yes

yes

yes

yes

yes

```

```
y?s

yes

yes

y*s

yes

```

```
yet yet yet yet yet

```

```
yes

yes

yes

yes

yes

yes

```

```
78/387 Cereal seed

 (31.12.85)

78/388 011 plant seed

 (31.12.85)

78/511 'Avena fatua'

(31.12.85)

78/692 Seed

(31.12.85)

79/109 Brucellosis

(1.4.79)

```

```
yet

yet

yet

```

```
yes

yes

yes

yes

yes

```

```
yes

yes

yes

yes

yes

yes

yes

```

```
yes yet yes yet

yes yet yet yet

yet yet yet yet

yes yet yet yet

```

```
yes A/316/84

       n.m.n.

       Judgement

      3.9.88

       Cate

       116/86

```

```
       A/463/88

       n.m.n.

       r.o.

       (Art. 171)

yes yet yet yet

```

```
yet yet

```

```
yet

yet

yet

yet

yet

yet

yet

```

```
X

```

```
79/268 Pure-bred breeding yes

(1.1.79) animals of the

      bovine species

```

```
79/372 Straight

(1.1.81) feedlngstuffs

79/373 Compound

(1.1.81) feedlngstuffs

```

```
yes yes yes yes yes yes yes yes yet yet yet

yes yes yes yes yes yes yet yes yet yet yet

```

```
yes yet A/256/83

             n.m.n.

             Judgment

             29.1.87

             Cate

             364/85

```

```
yet yet yet

```

```
Directive Subject

79/641 Seed yes
(31.12.85)

79/692 Soed yes
(31.12.85)

79/700 Pesticide residues 
(31.12.80) fruit and vegetables

```

```
UK

yes

yes

yes

```

```
NL

yet yet

yes yet

yet

yet

yet

```

```
EL IRL

yes yes yet yet

yes yes yet yet

yes yes yet yet

```

```
yes

yes

yes

```

```
DK

yes

yes

yes

```

```
79/797 Straight

(1.1.81) feedlngstuffs

89/213 Health problems 
(31.12.80) fresh neat

80/214 Health problems

(31.12.80) meat products

80/215 Health problems

(31.12.80) meat products

80/219 Tuberculosis and

(31.12.80) brucellosis

```

```
yes yes yes y?s

yes yes yes

```

```
yet yet yes yet yet

yes yes yet yet yet

```

```
yes

yes

yes

```

```
yes

yes

yes

```

```
 - 168 
yes

yes

yes

yes

yee

yes

yee

yes

```

```
yet yet yet yet yet yet yet

yes yet yet yet yet yet

```

```
yes yes

yes

yes

```

```
X

CX>

```

```
A/453/88

n.m.n.

r.o.

(Art. 171)

```

```
                                           - 169 
```

`Directive` `Subject` `B` `D` `DK` _Z_ `F` `UK` `ÊI` `î` `ÎRL` `L"` `NL` `P`

```
80/304 Oil plant seed yes yes yes ye? yes yes yes yes yet yes yet yet
(31.12.85)

80/428 Pesticide residues - yes yes yes yes yes yes yes yes yes yes yes
(31.3.81) fruit and vegetables

```

`80/502` `Undesirable` `yes` **`yes`** `yes` _y*>s_ **`yes`** `yes` `yes` **`yes`** **`yet`** **`yet`** **`yet`** **`yet`**
```
(1.7.81) products

```

`80/509` `Compound` `yes` **`yes`** **`yes`** _ya_ **`yee`** **`yes`** `yes` **`yes`** **`yet`** **`yes`** **`yet`**
```
(1.1.81) feedlngstuffs

```

`80/510` `Straight` `yes` **`yes`** `yes` _ya_ **`yes`** **`yes`** **`yes`** **`yes`** **`yet`** **`yet`** **`yet`**
```
(1.1.81) feedingstuffs

80/511 Compound feeding- yes yes yes yes yes yes yes yes yet yet yet yet
(1.1.81) stuffs in packages

                                                                                          >

80/665 Potato ring rot yes yes yes y se yes yes yes yet yet yet yet v [o ]
(1.3.81)

```

`80/695` `Compound` `yes` `yes` `ye»` _yt>%_ **`yes`** **`yes`** **`yes`** **`yes`** **`yet`** **`yet`** **`yet`**
```
(1.1.81) feedlngstuffs

80/754 Fodder plant seed yes yes yes y?s yes yes yes yes yet yes yet
(31.12.85)

80/879 Marking of large yes yes yes yes yes yes yes yes yet yes yet
(1.1.81) packagings of
      poultrymeat

```

```
                                             - 179 
Directive Subject DK UK EL IRL NL

```

```
 80/1098 Swine vesicular

 (1.7.81) disease and swine

       fever

80/1099 Swine vesicular

(1.7.81) disease and swine

       fever

```

```
yes yes yes yes yes yes A/258/83

                                             n.m.n.

                                             Judgment

                                             29.1.87

                                             Case

                                             364/85

```

```
yee yes yes yy*8 yes yes yet A/259/83

                                             n.m.n.

                                             Judgment

                                             10.3.87

                                             Case

                                             386/85

```

```
yet yet yet

```

```
A/454/88

n.m.n.

r.o.

(Art. 171)

```

```
yet yet yet

```

```
                                                               A/456/88

                                                               n.m.n.

                                                               r.o.

                                                                (Art. 171)

                                             X

80/1100 Swine vesicular yes yes yes yes yes yet yes yet yet yet
(1.7.81) disease and swine

       fever

```

```
80/1102

(1.1.81)

```

```
Enzootic bovine

leukosis

```

```
yet yet

yet

```

```
yes yes yes yet yet

      yes yes yet yet

```

```
yes

yes

```

```
yes

```

```
yes

yes

```

```
yes yes

      yes

```

```
81/36 Pesticide residues - yes

(1.1.82) fruit and vegetables

```

```
81/389 Protection of

(23.8.83) animals during

       international

      transport

```

```
yes yes yes yen yes yes yes yet yet yet yet

```

```
                                            - 171 
```

**`Directive Subject`** **`B`** **`D`** **`DK`** **`Ê`** _**F**_ **`ÛK`** **`ÊI`** **`ï`** **`ÎRL`** **`L`** **`Ni"`**

```
81/602 Substances having yes yes yes yes yes yes yet yes yet yet yet yet
 (3.11.81) a hormonal or
       thyrostatlc effect

82/287 Seed yes yes yes yes yes yes yes yes yet yet yet
 (1.1.82/
 1.1.83)

82/331 Propagation of yes yes yes y$s yes yes yes yes yet yet yet yet
(1.7.82) vine

82/400 Eradication of yes yes yes yes yet yet yet yet A/200/87 yet yet yet
      brucellosis n.p.a.

                                                                   r.o.

82/475 Compound feeding- yes yes yes yes yes yes yes yee yet yet yet
(1.1.85) stuffs for pet
      animals

82/528 Pesticide residues yee yes yes y?s yet yet yet yet yet yet yet
(1.7.84)

82/859 Oil plant seed yes yes yes y»s yes yes yet yet yet yet yet yet
(1.7.83)

82/937 Straight yes yes yes yes yes yes yet yet yet yet yet
(1.7.83/ feedlngstuffs
1.1.85)

82/957 Compound yes yes yes y*s yet yes yet yet yet yet yet
(1.1.85) feedlngstuffs

```

**`83/90`** **`Health problems`** **`-`** **`yes`** **`yes`** **`yes`** _**y<-3**_ **`yes`** **`yes`** **`yes`** **`yes`** **`yet`** **`yet`** **`yet`**
```
(1.1.85) fresh meat

```

```
UK

yet

```

```
Directive Subject

83/91 Fresh meat

(1.1.85)

83/131 Plant protection

(1.10.84) products

83/201 Percentage of

(1.1.84) meat

54/319 Trichinae

(1.1.85)

```

```
EL IRL

yes A/349/85 yet

       n.m.n.

       (delete)

       Case

       324/87

```

```
NL

yet

```

```
yes yes

```

```
              - 172 
DK

yes yes

```

```
yet

```

```
yes yes yes yes yes yes yet yet yet yet

yes yes yes yes yes yet yet yet yet yet yet

```

```
yes yes yes yes yes yet yet yet yet yet

```

```
yet

    X
yet

```

```
$4/378 Organisms harmful yes

(1.7.85) to plants

```

```
yes yes yes yet yet yet yet yet yet

```

```
$4/587 Additives in

 (4.12.86/ feedlngstuffs

V12.88)

^4/643 Foot-end-mouth

 (31.12.84) disease

^6/644 Brucellosis

(30.8.85)

S 4/645 Swine fever

(31.3.85)

```

```
yes yes yes yes A/549/87 yet

                         n.m.n.

                          (delete)

                         Case

                         255/89

```

```
yes A/559/87 yet

       n.m.n.

       (delete)

       Cate

       263/89

```

```
yet

```

```
yet

yet

yet

```

```
yes yes yes yes yet yes A/351/85 yet yet yet

                                             n.m.n.

                                             (delete)

                                             Cate

                                             328/87

```

```
yes yet yet yet

```

```
yes A/352/85 yet

       n.m.n.

       (delete)

      Cate

      329/87

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yet

```

```
yet yet

yet yet

```

```
yet

yet yet

```

```
                                               - 173 
Directive Subject DK UK EL IRL NL

```

```
85/38 Fodder plant

 (1.1.86) seed

85/320 Swine fever

(1.1.86)

85/321 Swine fever

(1.1.86)

85/322 Swine fever

(1.1.86)

85/325 Fresh meat

(1.1.86)

85/326 Fresh

(1.1.86) poultrymeat

85/327 Meat products

(1.1.86)

8 5 / 3 2 8 M e a t products

(1.1.86)

```

```
yes yes yes y-ïs yee yes yes yes yet yet yet

yes yes yes yes yes yes yes yes yes yet yet

```

```
yes

yes

yes

```

```
yes

yes

yes

```

```
yes yes yet yet

```

```
yes A/321/86

       n.m.n.

       (delete)

       Case

       349/89

       A/323/86
yes

       n.m.n.

       (delete)

       Cate

       349/89

```

```
yet yet

yet yet

```

```
yes

yes

yes

```

```
X

AJ

```

_**ye***_

```
y©2

```

```
yes

yet

yet

```

```
yes

yes

yes

```

```
yet

yet

yet

```

**`yes`** **`yes`** `yes` _**y-is**_ **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yet`** **`yet`**

```
yet

yet yet

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

y*s

```

```
yes

yes

```

```
yes yes yet yet

yes yet yet yet

```

```
yes

yes

```

```
85/358 Substances having yes

(1.1.87) a hormonal action

```

```
yes yes yet yes yee yet yet yet yet yet

```

```
85/397 Heat-treated

(1.1.89) milk

```

```
A/512/89 yes

n.m.n.

169

letter

```

```
yes yes yet yes A/507/89 yet

                           n.m.n.

                           169

                           letter

```

```
A/492/89 y ê T

n.m.n.

169

letter

```

```
yet

```

```
                                           - 174 
```

`Directive Subject` `B` `D` `DK` _l_ _F_ `ÛK` `El` `î` `ÎRL` `L` `NL` `P`

```
65/429 Additives in yes yes yes yes yes yes yes yes yes yes yet yes
 (3.12.86) feedingstuffs

85/509 Feedingstuffs yes yes yes yea yes yes yes yes yes yes yes yes
(30.6.86)

```

`85/511` `Foot-and-mouth` `yes` `yes` `yes` _y*-t_ **`yes`** **`yes`** **`yes`** **`yes`** **`yet`** **`yes`** **`yes`** **`yet`**
```
(1.1.87) disease

85/520 Additives in yes yes yes yes yes yes yes yet yet yet yet yet
(3.12.86) feedlngstuffs

85/574 Harmful organisms yes yes yes y*.s yes yes yes yes yet yes yet yet
(1.1.87)

85/586 Veterlncry yes yes yes yes yes yes yes yet yet yet

(1.1.86) field
                                        X

```

`86/29` `Additives` `In` **`yes`** **`yes`** `yes` _y*«,_ **`yes`** **`yes`** **`yes`** **`yes`** **`yet`** **`yes`** **`yet`** **`yet`** `A`
```
(2.12.86) feedlngstuffs

86/109 Fodder plant seed yes yes yes v s yes yet yes yes yet yes yes
(1.7.87)

86/155 Seed and plants yes yes yes yes yes yes yes yes yet yet yet yet
(1.3.86/
1.7.87)

86/174 Compound yes yes yes yes yet yet yes yes yet yet yet
(30.6.87) poultryfeed

```

```
                                             - 175 
Directive Subject DK UK EL IRL NL

```

```
86/267 Vine varieties

(1.1.87)

86/299 Undesirable

(31.12.87) products

86/300 Additives in

(31.12.87) feedingstuffs

86/320 Cereal seed

(1.7.87)

86/354 Feedingstuffs

(3.12.88)

86/355 Plant protection

(1.7.87) products

```

```
2^

```

```
yes yes yes yss yes yes yes yes yet yet yet

```

```
yes yes yei y is yes yes yes A/516/89 yet

                                             n.m.n.

                                             r.o.

```

```
yet yes yet

```

```
yes yes yes y«s yes yes yes yes yet yet yet

yes yes yes yes yes yes yes yet yet yet yet

yes yes yes yes yes yes yet yet yet yet yet

yes yes yes yes yes yes yes yes yet yes yet yet

```

```
86/362 Pesticide residues yes

(30.6.88) in and on cereals

86/363 Pesticide residues yes

(30.6.88) in and on foodstuffs

      of animal origin

```

```
yes yes yes yes yes A/434/89 yet

                                      n.m.n.

                                      169

                                       letter

yes yes yes yes A/437/89 A/435/89 yet

                                n.m.n. n.m.n.

                                169 169

                                letter letter

```

```
A/432/89 yet

n.m.n.

169

letter

A/433/89 yet

n.m.n.

169

letter

```

```
86/403 Additives In

(3.12.86) feedlngstuffs

```

```
yes yee yes yes yes yet yee yet yet yet yet

```

```
                                              -176
Dlrectlve Subject B DK UK EL IRL NL

```

```
86/469 Residues In yes

(1.4.87) animals and meat

```

```
yes yes y»3 yes yes yes yes yet yes yet yet

```

```
86/525 Additives in

(30.11.87) feedlngstuffs

```

```
yes yes yes yes yes yes yes yes yet

```

```
86/530 Products used In yes

(30.6.88) animal nutrition

86/546 Harmful organisms yes

(1.1.87)

86/587 Health problems - yes

(30.4.87) fresh meot

86/651 Harmful organisms yes

(1.3.87)

87/64 Health problems - yes

(1.1.88) fresh meat

```

```
yes yes yes yes yes yes yes yes

```

```
yes yes yet

yes yes yes

```

```
yes yes ye« yes yes yes yes yet yet yet yet

```

```
yes yes ye^ yes yes yes A/151/88 yet

                                      n.m.n.

                                      (delete)

                                      Case

                                      262/89

```

```
yes yet

```

```
yes yes ye* yes yes yes yet yet yet yet yet

yes yes yes yes yes yes yet yet yet

```

```
<5
```

```
yes A/283/89 yet

      n.m.n.

      169

      letter

```

```
A/284/89 yet

n.m.n.

169

letter

```

```
87/120 Marketing of A/279/89 yes

(1.6.88) vegetable seed n.m.n.

                  169

                  letter

```

```
yes yes A/281/89 yes

             n.m.n.

             169

             letter

```

```
yet

```

```
87/153 Additives in yes

(31.12.87) animal nutrition

```

```
yes yes yes yes yes yet yet A/519/88 yet

                                                        n.m.n.

                                                        r.o.

```

```
                                              -177
Dtrectlve Subject DK UK EL IRL NL

```

```
87/181 Plant protection

(1.1.81) produces

87/234 Straight

(30.11.87) feedingstuffs

87/235 Compound

(30.11.87) feedingstuffs

87/238 Undesirable

(3.12.88) products

```

```
yes yes yes yes yes yes yes yes yes yet yet

```

```
yes yes yes y-?s yes yes yes A/135/88 yes

                                           n.m.n.

                                            r.o.

```

```
yes yet yes

yet yet

yet yet yet

yes yet yes

```

```
yes

yes

```

```
yes

yes

yes

yes

```

```
yes yes

```

```
yee

yes

yes

yos

```

```
yes

yes

yes

yes

yes

```

```
yes

yes

yes

yes

yes

```

```
yes yet

yes A/268/89 yet

      n.m.n.

      169

      letter

yes yes yes

yes A/137/88 yes

      n.m.n.

      r.o.

yes A/138/88 yet

      n.m.n.

      r.o.

```

```
yes

yes

```

```
X

```

```
87/298 Harmful organisms yes

(1.7.87)

```

```
87/316 Additives in

(30.11.87) feedingstuffs

87/317 Additives in

(30.11.87) feedingstuffs

87/328 Pure-bred

(1.1.89) breeding animals

      bovine species

```

```
yes A/504/89 yes

      n.m.n.

      169

      letter

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

yes

yes

yes

```

```
yet

yet

```

```
yes yes A/508/89 yet

             n.m.n.

             169

             letter

```

```
A/449/88 A/496/89 A/500/89 yes

n.p.a. n.m.n. n.m.n.

r.o. 169 169

       letter letter

A/493/89

n.m.n.

169

letter

```

```
                                              -178
Dlrective Subject DK UK EL IRL NL

```

```
87/477 Plant protection yes

(1.1.88) products

87/481 Vegetable seed

(1.7.89)

```

```
yes yes yes yes A/537/88 yes

                          n.m.n.

                          169

                          letter

```

```
yes yet yes yet yet

```

```
yes yes ye* yes yet

```

```
yes yes yes yes yes A/499/88

                                n.m.n.

                                r.o.

yes yes yes yes A/497/89 yet

                                n.m.n.

                                169

                                letter

```

```
87/486 Swine fever

(31.12.87)

87/489 Swine fever

(31.12.88)

87/491 Meat products

(1.1.88)

87/552 Additives in

(30.11.88) feedingstuffs

88/95 Beet seed

(1.7.88)

88/146 Prohibited

(31.12.88) substances

      having a

      hormonal action

88/166 Protection of

(1.7.87) laying hens kept

      In battery

      cages

```

```
A/502/88 yes

n.m.n.

r.o.

A/513/88 yes

n.m.n.

169

letter

yes yes

yes yes

A/285/89 yes

n.m.n.

169

letter

A/514/89 yes

n.m.n.

169

letter

```

```
yes yet yet

yee yet

```

```
yet

yet

```

```
yet

yet

yet

```

```
yes A/542/88 yet

      n.m.n.

      r.o.

```

```
A/509/89 yes

n.m.n.

169

letter

```

```
yet yet yee

```

```
yet

```

```
yes

yes

yes

yes

```

```
y*s

ye 9

yes

yes

```

```
yes yes

yes yes

A/287/89 yes

n.m.n.

169

letter

yes yes

```

```
yes yet yet yet

```

```
yes A/289/89 yet

      n.m.n.

      169

      letter

```

```
A/290/89 yet

n.m.n.

169

letter

```

```
yes yes yes yes yes yes yes yes A/541/88 yet

                                                  n.m.n.

                                                  r.o.

```

```
yet yet

```

```
                                              -179
Dlrectlve Subject DK UK EL IRL NL

```

```
88/228 Additives in

(15.5.88) feedlngstuffs

```

```
yes yes yes yes yes A/515/88 yes yes yet

                               n.m.n.

                               r.o.

```

```
yet yet yet

```

```
4/486/89 yes

n.m.n.

169

letter

```

```
88/271 Harmful organisms yes

(1.1.89
31.3.89)

```

```
4/483/89 yes

n.m.n.

169

letter

```

```
yet

yet

```

```
yes yet

A/501/89

n.m.n.

169

letter

```

```
yes

```

```
4/480/8S y;s

n.m.n.

169

letter

yes

yes

```

```
yet

```

```
>.
```

**3**

```
88/288 Trade in fresh

(1.1.89) meat

88/289 Importation of

(1.1.89) bovine animals

      and swine

```

```
A/515/89 yes

n.m.n.

169

letter

A/516/89 yes

n.m.n.

169

letter

```

```
88/298 Pesticide residues yes

(1.7.88)

88/299 Substances having

(31.12.88) a hormonal action 
      trade In animals

88/406 Enzootic bovine yes

(1.9.88) leukosis

88/430 Harmful organisms yes

(1.1.89)

```

```
A/438/89 yes

n.m.n.

169

letter

A/274/89 A/273/89

n.m.n. n.m.n.

169 169

letter letter

yes A/481/89 yes

      n.m.n.

      169

      letter

```

```
A/484/89

n.m.n.

169

letter

```

```
yes

```

```
A/490/89 A/510/89 A/498/89 yet

n.m.n. n.m.n. n.m.n.

169 169 169

letter letter letter

yes A/511/89 A/499/89 yet

       n.m.n. n.m.n.

       169 _ 169

       letter letter

yes yes A/436/89 yet

            n.m.n.

             169

             letter

```

```
yet A/502/89

      n.m.n.

      169

      letter

     yet

```

```
yet yet yes

```

```
yes yes A/272/89 A/271/89 yet

             n.m.n. n.m.n.

             169 169

             letter letter

```

```
yet yet

```

```
yes A/487/89 yet

      n.m.n.

       169

       letter

```

```
yet yet yet

```

```
                                               •180
Dlrectlve Subject DK UK EL IRL NL

```

```
88/483 Additives In

(30.6.89) feedingstuffs

88/485 Animal nutrition

(30.6.89)

```

```
yes yes yes ye! yet yet yes yet yet yet

     yes yes yes yes yet yes yes yet yet yet

```

```
88/572 Harmful organisms yes

(1.1.89)

```

```
yes A/482/89 yee

      n.m.n.

      169

      letter

```

```
A/485/89 yes

n.m.n.

169

letter

```

```
A/488/89

n.m.n.

169

letter

```

```
yet yes yet

```

```
88/616 Additives in

(30.6.89) feedingstuffs

```

```
yes yes yes yes yet yet yet yet

```

```
89/186 Pesticide yes

(1.8.89) residues - fruit

      and vegetables

```

```
yes yes yet yet yet

```

```
89/321 Trichinae

(1.9.89)

89/360 Testing of

(1.10.89) brucellosis

89/365 Plant protection

(31.12.89) products

```

```
yes yes yes yes yet yet

```

```
yes yes yes yes yee yet yet

     yes ye* yes yet

```

```
yet

```

```
yet

```

```
                                              -181
Dlrectlve Subject DK UK EL IRL NL

Transports

```

```
74/561 Admission to the

(31.12.76) occpuation of

      road haulage

      operator

74/562 Admission to the

(31.12.76) occupation of

      road passenger

      transport operator

```

```
yes yes yes yes yes A/317/85 A/85/79

                                      n.m.n. n.m.n.

                                      (delete) Judgment

                                      Case 10.11.81

                                      89/88 Case

                                            28/81

                                            A/175/83

                                           n.m.n.

                                            Judgment

                                           5.11.86

                                            Cate

                                            160/85

```

```
yes yes yet yes

yet yet yet

yet yet yet yes

```

```
A/113/79

n.m.n.

Judgment

10.11.81

Case

29/81

A/176/83

n.m.n.

Judgment

5.11.86

Case

160/85

```

```
yes yes yes ye; yes yes

```

```
A/318/85

n.m.n.

(delete)

Case

287/87

```

```
75/130 Combined road/raiI yes

(1.10.75) carriage of goods

```

```
A/169/88 yes

n.p.a.

r.o.

```

```
yes yes

```

```
yes A/263/87

      n.p.a.

      (delete)

      Cate

      45/89

```

```
76/914 Road transport 
(19.12.78) training for

      drivers

```

```
yes yes yes yes yet yes yet yet

```

```
                                               -182
Dlrectlve Subject DK UK EL IRL

```

```
77/796 Recognition of

(1.1.79) qualifications

```

```
yes yes yes yes yes A/141/80 yes

                                            n.m.n.

                                            Judgment

                                            11.10.83

                                           Case

                                            273/82

                                           A/17/85

                                            n.m.n.

                                            (delete)

                                           Case

                                            71/88

```

```
NL

yes

yet yet

yet yet

yet yet

yet yet

yet yet

yet

yet yet

```

```
79/1034

(1.1.79)

80/1178

(1.1.81)

```

```
Admission to the

occupation of

road haulage

operator

```

```
X

```

```
Tankers yes yes yes yes yes yes yes yes

```

```
yes

yet

yes

yet

```

```
80/1179 Admission to the

(1.1.81) occupation of

      road passenger

      transport operator

```

```
yes yee yes yes yes yes yes yes

yes yes yes yes yes yes yes yes

yes yes yes yes yes yet yet

```

```
80/1180

(1.1.81)

80/1263

(30.6.82)

```

```
Driving licence yes yes yes yes A/121/87 yes A/123/87 A/124/87 yet
                                           n.p.i. n.p. n.p.I.

                                           r.o. r.o. r.o.

```

```
n.p.

r.o.

```

```
Goods haulage

operators

```

```
n.p.I.

r.o.

```

```
80/1266 Air accidents

(1.7.81)

```

```
yes yes yes yes yes yes yes yet yet yet

```

```
82/603 Combined road/rail yes

(1.4.83) carriage of goods

```

```
yes yes yes yes yes yet yet yet

```

```
                                              -183
Dlrective Subject DK UK EL IRL NL

```

```
82/714 Technical

(1.1.85) requirements for

       inland waterway

      vessels

83/416 Authorization of

(1.10.84) air transport

      services

```

```
A/202/85

n.m.n.

Judgment

24.5.88

Case

307.86

```

```
A/356/89

n.m.n.

169

letter

(Art. 171)

yes yes yes yes A/241/87 yes

                               n.m.n.

                               169

                               letter

```

```
yes yes yçs yes yes yes yes yet yet yet yet

```

```
yet yet yet yet yet

```

```
X

```

```
84/647

(30.6.86)

85/3

(1.7.86
1.1.90)

85/347

(1.10.85)

```

```
Hired vehicles

for the carriage

of goods

Weights and

dimensions of

certain vehicles

Duty-free

a Ilowance for fuel

```

```
yes yes yes yes yes yes yes A/451/87 yet yet yet yet

                                           n.m.n.

                                           r.o.

yes yes yes yes yes yes yes yes yes yet yet yet

yes yes yes yes yes yes yes yes yet yet yet yet

yes yes yes yes yes yes yes yet yet

```

```
85/505 Authorization 
(1.1.87) carriage of goods

```

```
85/579 Admission to the yes

(1.1.86) occupation of road

      passenger transport

      operator

```

```
yes yes yes yes yes yes yes yet yet yet

```

```
                                               -184
Dlrectlve Subject DK UK EL IRL NL

```

```
86/216 Air transport

(30.6.86- of passengers

1.7.93)

86/360 Weights and

(1.7.86- dimensions of

1.1.90- certain vehicles

1.1.92)

86/364 Weights and

(29.7.87 dimensions of

      certain vehicles

```

```
yes yes yes A/301/87 yes

                               n.m.n.

                               169

                               letter

```

```
yes yet yes yes

```

```
yes yes yes yes yes yes yes yet yet yet yet yet

yes yes yes yes yes yes yes yet yet yet yes

```

```
86/544 Combined carriage yes

(1.7.87) of goods

```

```
yes yes yes yes yes yes yet yet yet yet yet

```

```
                                                                                <^>
87/540 Access to A/364/89 A/456/89 yes yes A/365/89 yes yes yet yet A/366/89 yet
(30.6.88) occupation of n.m.n. n.m.n. n.m.n. n.m.n.

```

```
yes yet yet A/366/89

                  n.m.n.

                  169

                  letter

```

```
yet

```

```
yes

```

```
A/365/89

n.m.n.

169

letter

```

```
yes

```

```
      carrier of goods

      by waterway

87/601 Fares for

(31.12.87) scheduled air

      services

89/463 Interregional

(1.11.89) air services

```

```
A/364/89 A/456/89 yes

n.m.n. n.m.n.

169 169

letter letter

```

```
yes yes yes

```

```
yes

```

```
yes yet yet A/495/88

                  n.m.n.

                  169

                  letter

```

```
yes yes

```

```
                                              -185
Directlve Subject DK UK EL IRL NL

Energy

```

```
68/414 Stocks of crude

(1.1.71) oil

```

```
yes yes yes yes yes yes A/316/88 yes

                                      n.p.a.

                                      r.o.

```

```
yes yes yes

yes yes yes

```

```
72/425 Stocks of crude yes yes

(1.1.75) oil

```

```
yes yes yes yes A/316/88 yes

                          n.p.a.

                          r.o.

```

```
75/339 Stocks of fossil

(1.1.78) fuel

75/404 Registration of

(31.12.75) the use of

      natural gas

75/405 Registration of

(31.12.75) the use of

      petroleum

      products

76/491 Mineral-oiI price

(1.1.77)

78/170 Heat generators

(1.1.81)

82/885 Heat generators

(6.6.84)

85/536 Crude-oil savings

(1.1.88)

```

```
A/173/89 yes

n.m.n.

169

letter

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yee

yes yes yes yes yes yes yet yes yet yet yet

```

```
X

c*>

```

```
A/97/89 yes

n.m.n.

(delete)

Case

374/89

```

```
yes yes yes yes yes yes yet yet yes yet

```

```
yes yes yes yes yes yes yes yes yet yes yet

yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes A/175/89 yes

                               n.m.n.

                               169

                               letter

```

```
yet A/297/89 yes

      n.m.n.

      169

      letter

```

```
                                            -186
Directlve Subject B D DK E F UK EL I IRL L NL

Budget

77/388 Sixth VAT yes yes yes yes A/253/87 yes yes yee yes yet yet yes
(1.1.78) Directive n.p.a.
                                        (delete)

                                        Cate

                                        30/89

```

```
ON

```

```
                                               -187
Dlrectlve Subject DK UK EL IRL NL

Customs union and indirect taxation

Customs union

```

```
69/73 Provisions

(1.10.69) relating to free

      zones

```

```
yes yes yes yes yes yes yes yes yes yet yet yet

```

```
75/349 Inward processing yes

(1.1.76)

```

```
yes yes yes yes yes yes yet yet yet yet yet

```

```
77/805 Manufactured

(1.7.78) tobacco-taxes

```

```
yes yee yes yes yes yes yes yet yet yet yet

```

```
76/453 Payment of duties yes

(1.1.79)

```

```
yes yes yes yes yes yee yee yet yet yet yet

```

```
79/623 Customs debt

(1.1.82)

```

```
A/355/87 yee yee yes yee yes yee yes yet yet yet

n.p.a.

r.o.

```

```
yet

```

`r.o.` **3**

```
76/695 Release for free yes yes yes yes yet yes yet yet yet yet yet yet
(1.7.82) circulation

```

```
yes yes yes yes yet yes yet yet yet yet yet

```

```
yet

```

```
81/177 Procedures for

(1.1.83) the export of

      goods

```

```
yes yes yes yes yes yes yes A/168/83 yet

                                           n.m.n.

                                           Judgment

                                           30.4.86

                                           Case

                                           158/85

                                           A/502/87

                                           n.m.n.

                                           (delete)

                                           Case

                                           208/89

                                            (Art. 171)

```

```
yet yet yet

```

```
                                              -188
Dlrectlve Subject DK UK EL IRL NL

```

```
82/57 Release for

(1.7.82) free circulation

82/347 Procedures for the

(31.12.83) export of goods

```

```
yes yes yes yes yee yes yes A/162/83

                                           n.m.n.

                                            Judgment

                                            30.4.86

                                           Cate

                                           158/85

                                           A/503/87

                                           n.m.n.

                                            (delete)

                                           Cate

                                            208/89

```

```
yes yes yes yes yes yes yes A/183/84

                                            n.p.a.

                                            Judgment

                                            27.1.87

                                            Case

                                            275/85

```

```
yet yes yet yet

```

```
A/240/88

n.p.a.

r.o.

(Art. 171)

```

```
yet yet yet yet

```

```
c*

```

```
(Art. 171)

```

```
83/643 Inspect lone In A/67/89

(31.12.84- respect of the n.p.a.

31.12.86 carriage of goods r.o.

```

```
A/281/87

n.p.a.

Judgment

28.11.89

Caee

186/88

```

```
yee ye«* yes yes A/475/86

                           n.p.a.

                            (delete)

                           Case

                            205/89

```

```
A/114/86

n.p.a.

Judgment

30.5.89

Cate

340/87

```

```
yet

```

```
yet yet yet

```

```
A/322/88 A/366/87

n.p.a. n.p.a.

r.o. (delete)

      Cate

       187/89

      A/33/88

      n.p.a.

      (delete)

      Cate

      209/89

```

```
                                              -189
Dlrecttve Subject DK UK EL IRL NL

```

```
83/643

(continued)

85/479 Mutual assistance yes

(1.1.86)

86/489 Mutual assistance yee

(1.1.81)

```

```
A/314/88

A/42/89

n.p.a.

r.o.

```

```
n.p.a.

```

```
yes yes yes yes yes yet yet yet

yes yes yes yes yes yet yet yet yet yet

```

```
87/53 Physical
(1.1.87) inspections

       In respect of the

      carriage of goods

```

```
yes yes yes yes yes A/352/88 A/353/88 yet

                                     n.m.n. n.m.n.

                                      r.o. r.o.

```

```
yet yet

```

```
                                                                                    LSI
Indirect taxation

```

```
69/169 Tax-free allowances yes

(1.1.70) In International

      travel

```

```
A/40/82 A/298/87

n.p.a. n.p.a.

Judgment r.o.

14.2.84

Case

325/82

A/320/85 A/328/87

n.p.a. n.p.a.

r.o. (delete)

(Art. 171) Case

      208/88

```

```
yes yee yes yes yet A/96/86
                               n.p.a.

                               (delete)

                               Cate

                               367/88

                               A/247/87

                               n.p.a.

                               (delete)

                               Cate

                               158/88

```

```
yet yet yet

```

```
yes yes yet yet yet yet A/491/87

                                    n.p.a.

                                    r.o.

```

```
72/464 Taxes on

(1.7.73) manufactured

      tobacco

```

```
yes yes yes yes A/271/85

                         n.p.a.

                         Judgment

                         13.7.88

                         Case

                         169/87

```

```
                                              -199
Directive Subject DK UK EL IRL NL

```

```
77/388 Sixth VAT Directive yes yes

(1.1.78)

```

```
      A/323/88 A/53/88
yes

```

_n.p.a._ `n.p.a.`

_r.o._ `r` `.o.`

```
             A/213/88

             n.p.a.

             r.o.

```

```
A/199/88

n.p.a.

r.o.

```

```
A/262/81

n.p.a.

Judgment

28.6.88

Case

3/86

A/188/88

n.p.a.

Judgment

21.6.88

Case

257/85

A/209/85

n.p.a.

Judgment

24.5.88

Case

122/87

```

```
yee yes A/153/83

            n.p.a.

            Judgment

            26.3.87

            Case

            235/85

            A/201/88

            n.p.a.

            r.o.

```

```
A/202/88

n.p.a.

r.o.

```

```
yes

```

```
A/337/88

n.p.a.

169

letter

(Art. 171)

```

```
X

LS»

```

```
A/428/89

n.p.a.

169

letter

(Art. 171)

A/429/89

n.p.a.

169

letter

(Art. 171)

A/663/89

n.p.a.

169

letter

(Art. 171)

```

```
                                              -191
Dlrectlve Subject B DK UK EL I IRL NL

```

```
83/181 Importation of yes

(1.7.84) goods

83/182 Temporary Imports yes yee

(1.1.84)

83/183 Permanent imports yes yes

(1.1.84)

```

```
yes yes yes yes yes A/422/84

                               n.m.n.

                                Judgment

                                24.11.87

                               Case

                                125/86

                               A/446/88

                                n.m.n.

                                169

```

```
yes yet yet

```

```
A/127/86 A/471/89 yee

n.p.a. n.m.n.

r .o. 169

```

```
             letter

            (Art. 171)

yes yes yet yet yet yet A/472/89

                                    n.m.n.

                                     169

                                     letter

```

```
n.m.n.

```

```
169

```

```
yee

yes

```

```
yes

```

```
letter

A/402/87

n.p.a.

(Helete)

Cose

31/B9

yes

```

```
yee A/359/87 A/421/84 yet

      n.p.a. n.m.n.
       (delete) Judgment

      Case 24.11.87

      88/89 Case

            124/86

            A/445/88

            n.m.n.

            169

             letter

            (Art. 171)

```

```
yes yes A/37/86

            n.m.n.

            Judgment

            2.2.89

            Cate

            353/87

```

```
84/386 Movable tangible yes

(1.1.85) property

```

```
yet yet yet
            X

yet yet yet

```

```
yes yes

```

```
yes

```

```
A/664/89

n.m.n.

169

letter

(Art. 171)

```

```
                                              -192
Dlrective Subject B DK UK EL IRL NL

```

```
85/346 Permanent imports yes

(1.10.85)

```

```
yes yes yjs yes yee yes yes yee yes yet yes

```

```
85/362 Temporary

(1.1.86) importation of

      goods

```

```
yes yes yes A/473/89 yes

                  n.m.n.

                   1$9

                   letter

```

```
yes yes yes yes yet yes yet

```

```
86/247

(1.1.87)

86/560

(1.1.88)

87/53

(1.7.87)

```

```
Twenty-first VAT

Directive

VAT - refund to

taxable persons

not establI shed

In the Community

Inspections in

respect of the

carriage of

goods

```

```
A/67/89

n.p.a.

r.o.

```

```
X

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes A/443/88 yet

                                           n.m.n.

                                            169

                                            letter

```

```
yes yet yet

```

```
yes yes yes yes yes yes yes yet yet yet yet

```

```
87/198 Exemption on

      imports In

      International

      travel (DK)

88/331 Final importation

(1.1.89) of goods

```

```
yes yes yes yes yes yet yet A/578/89 A/583/89 yet

                                           n.m.n. n.m.n.

                                           169 169

                                            letter letter

```

```
yes yes yes yee yes yes yet yes yes yet yet

```

```
yet yet

```

```
88/663 Tax reliefs - yes

(1.7.89) small consignments

```

```
yes yes yes yes yes yes yet yet yet yet

```

```
88/664 Exemption on

(1.7.89) Imports In

      International

      travel

```

```
yes yes yes yes yee yes yes yet yet yet yes

```

```
                                              -193
Dlrectlve Subject DK UK EL IRL NL

Telecommunications, information Industries and Innovation

```

```
A/638/89 A/640/89 A/642/89

n.m.n. n.m.n. n.m.n.

169 169 169

letter letter letter

```

```
86/361 Mutual recognition A/630/89 yes

(26.7.87) of type-approval n.m.n.

       for 169

      telecommunications letter

      terminal equipment

```

```
A/632/89

n.m.n.

169

letter

```

```
A/628/89 A/634/89 A/636/89 yes

n.m.n. n.m.n. n.m.n.

169 169 169

letter letter letter

```

```
,87/372 Frequency bands A/631/89 yes A/633/89

(26.12.88) reserved for public n.m.n. n.m.n.

      communications 169 169

                  letter letter

Task Force for Human Resources, Education, Training and Youth

77/486 Education of the

(2.8.81- children of

31.10.82) migrant workers

```

```
             A/635/89 A/637/89 A/629/89 A/639/89 A/641/89 A/643/89
      yes

             n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

             169 169 169 169 169 169

             letter letter letter letter letter letter

yes yes yes yet

```

**ISSN** **0254-1475**

**COM** **(90) 288 final**

**DOCUMENTS**

**EN** **06** **oi**

Catalogue number : CB-CO-90-320-EN-C

ISBN 92-77-61907-4

**PRICE** **1 • 30** **pages:** **3.50** **ECU** **per additional 10** **pages:** **1.25** **ECU**

**Office for Official Publications of** **the** **European Communities**

**1X2985** **Luxembourg**