Source: EURLEX
Language: en
Format: md

###### **COMMISSION OF THE EUROPEAN COMMUNITIES**

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                       C0MC89) [ 4 2 2] final

                        Brussels, 7 September 1989

           Communication from the Commission

                    on

           IMPLEMENTATION OF THE LEGAL ACTS

          REQUIRED TO BUILD THE SINGLE MARKET

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                _ 1 __

      COMMUNICATION OH TEE IMPLEMENTATION OF TEE

    MEASURES REQUIRED TO COMPLETE TEE SINGLE MARKET

I. GENERAL PROGRESS

1. As both the Commission and the European Council have
stated [1], the process of completing the single market Is now
irreversible because of the combined effect of the speeding-up
of decision-making, which has shown that the objective is
credible, and the preparations being made by businesses.

2. Decision-making by the institutions has speeded up
considerably since the entry into force of the Single Act.
This is due primarily to the pace of proposals from the
Commission, sinoe of the 279 measures in the programme, only 43
proposals have not yet been tabled, including 28 in the plant
and animal health seotor.

In addition, the extension of qualified majority voting to most
issues has generated pressure to find a compromise within the
Counoll. This faster paoe has enabled 130 measures to be
finally adopted by the Council, which is equivalent, together
with the current common positions and the partial adoptions, to
approval of over 50% of the 279 measures of the programme.

3. Of the 41 measures adopted on the basis of Article 100a
sinoe the entry into force of the Single Act, approximately two
thirds successfully oompleted the common position stage in
under 30 months. Sixteen were adopted in under 15 months.
The key proposal on the harmonization of technical rules
concerning machine safety was adopted within 12 months, whereas
it had taken 70 months to adopt the first Directive on
lawnmower noise. The most notable progress has been made on
the free movement of oapital, which took less than a year, and
the mutual recognition of diplomas: after 18 years to secure
the right of establishment for architects, it took less than 3
years to agree on the mutual recognition of all equivalent
university diplomas.

By contrast, no decision of note has been adopted in the fields
requiring Counoll unanimity, suoh as taxation of consumption
and savings or the free movement of persons.

   Fourth progress report of the Commission to the Council
   and the European Parliament concerning the implementation
   of the Commission's White Paper on the completion of the
   internal market, C0M(89)311 of 20 June 1989.

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                - 2 
4. This speeding up of decision-making is also and above all
the result of the honouring of commitments and of a balanced
approach. Honouring of the commitment to the Community's
economic cohesion has made it possible to limit the amount of
derogations in the internal market legislation. The
Commission's balanced approach combines mutual recognition and
harmonization in such a way as to avoid excessive regulation
whilst at the same time assuring at Community level a greater
protection of public interest.

5. Finally, Parliament has played its part in the cooperation
procedure with great efficiency; the current delay in adopting
the common position on television is the responsibility of the
Council, Parliament having done all in its power to enable a
decision to be taken before the European elections.

6. All business surveys show that the 1992 message has been
received, albeit occasionally with disquiet. Businesses are
preparing for the event and already integrating the European
dimension in their strategy. This is a major factor, together
with the general picking up of the world economy, in the
revival in Investments in the Community, which has now become a
more attractive target for foreign investors. As the
Commission notes in its report on the economic outlook for 1969
and 1990, this growth is generating more jobs now than ever
before, bringing unemployment down to 1983 levels.

7. The dynamism of the Community economy is also reflected in
a major expansion of intra-Communlty trade, as the national
economies grow closer together.

8. However, these general observations should not obscure the
difficulties. Despite the rapid progress on eliminating
technical barriers, the main decisions have yet to be taken to
abolish the formalities at the frontiers. Given the time it
will take to implement such decisions and to oonvert the
Inspection infrastructures, particularly at airports, decisions
must be taken soon to make the prooess Irreversible in this
area too.

9. The prooess has been set in train in the form of
disoussions on the free movement of persons and the
approximation of indirect taxes, based on the pragmatic
approach set out in the Commission's most recent communication
(C0M(89)260 of 17 May 1989), but so far a specific measure
confirming the political will to eliminate frontier checks is
still lacking. However, the Council oould give two important
signals in 1989, by adopting two Commission proposals: one
providing for a substantial increase in the tax allowances
applicable in intra-Communlty trade, and the other on the
elimination of checks on means of transport.

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               - 3 
10. There is also a need for substantial progress in
dismantling veterinary and phytosanitary controls before the
end of the year. The Council has redoubled its efforts during
the last few months without, however, obtaining satisfactory
results. While majority voting could help to speed up the
work, the Council's refusal to delegate management powers to
the Commission, under a procedure ensuring the effectiveness of
these powers and in conformity with the Declaration annexed to
the Single Act, results in an almost systematic quest for
unanimity whioh undermines the Commission's proposals. This is
having the effect of slowing down the work and diluting the
substanoe of the directives.

11. Two issues in the field of eliminating technical barriers
have encountered particular problems: cabotage in the
transport sector and adoption of the Community trade mark.

12. The European Council in Madrid on 26 and 27 June 1989
expressed the desire for faster progress, notably in the fields
relating to elimination of frontier checks. In particular it
asked the Council to reach agreement on the "broad lines of a
solution" before the end of the year in the approximation of
indireot taxation, and approved the work programme of the
Coordinators' Group on the measures needed to achieve progress
towards the effective freedom of movement of persons within the
Community.

13. The European Counoil deplored the delays in the priority
fields it had identified at its previous meetings:
intellectual property, veterinary and phytosanitary inspections
and transport. It also invited the Counoil to adopt the
Directive on television without frontiers within the time limit
laid down in the coopération procedure, which expires on
6 October 1989.

14. Finally, the European Counoil considered that inadequate
progress had been made on a People's Europe - witness the
difficulties in adopting the generalized right of residence
whioh had led the Commission to withdraw its proposal, or the
blockage of the modest tax proposals designed to facilitate
removals and the use of private oars. The risk of a single
abuse of a right was becoming a pretext for limiting the right
altogether.

II. IMPLEMENTATION OF DECISIONS TAKEN

15. The Community has until now concentrated on carrying out
its programme of legislation to eliminate obstacles to the free
movement of goods, persons, services and capital as a
precondition for a functioning single market in 1993.

16. However, as the Commission noted in its last report on
implementation of the White Paper, it is not enough to adopt
the necessary measures. It must also be ensured that the
conditions permitting their implementation are created, and in

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particular that the measures incorporating the Directives into
national law are completed on schedule.

17. This is all the more important as eoonomio operators are
seldom directly confronted with Community legislation, but
normally have to deal with the national measures incorporating
the directives into national law and national administrations.
While the prlnoiple of subsidiarity ought to be safeguarded, it
must not be allowed to reintroduce distortions of competition
that Community legislation was designed to eliminate.

18. Monitoring of implementation is not a new problem for the
Commission, although the scale is unprecedented; for some
years, the Commission has prepared for Parliament a report
reviewing essentially the position regarding infringement
proceedings against Member States in all areas of Community
law; the Commission also produces an annual report on
competition policy. The latest versions of these two reports
have just been published. [2], [3] The purpose of this
communication is to assess the difficulties identified and
suggest possible remedies.

19. There are four levels of implementation of Community law:

   compliance with the obligations of the Treaty guaranteeing
   the functioning of the single market;
   incorporation of directives in national legislation;
   application of the measures adopted;
   strengthening of the effectiveness of the right of

   recourse.

III. APPLICATION OF TEE TREATY

20. The following are the provisions of the Treaty pertinent
to the freedom of movement of goods, capital, services and
persons :

   Artiole 7: the prlnoiple of non-discrimination is
   fundamental to the Treaty. While it has been
   progressively developed to guarantee free movement of
   goods, it has not, until recently, been applied with equal
   vigour to the freedom of movement of individuals. The
   basing of the proposal for a Direotive on the right of
   residence for students (COM(89)275) and, in particular, of
   the Court's ruling in case 186/87 (Cowan) on this
   provision refleots the desire to apply the non   discrimination prlnoiple muoh more effectively in a field
   oruoial to a People's Europe.

2 Sixth annual report to the European Parliament on Commission
   monitoring of the application of Community law, COM(89)411
3 Eighteenth report on competition polioy, SEC(89)873 of
   14 July 1989.

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             - 5 
Article 30: experience over the last few years has shown
that application of Article 30, as interpreted by the
Court, and the prinoiple of mutual recognition which
emerges, constitute an effective instrument for completion
of the internal market. In this context, the role of
Directive 83/189 which envisages that draft technical
regulations be notified has a crucial role in preventing
the oreation of new teohnlcal obstacles; 766 national
draft regulations were notified between April 1984 and
June 1989. The steady annual increase in the number of
notifications is a reliable pointer to Member States'
interests.

However, two oomments are called for. First, the number
of reasoned opinions, delivered annually by the Commission
in respeot of potential barriers is not declining, after
levelling off at about 25% of notifications. This shows
that the principles underlying Artiole 30 of the Treaty
and Community case law are not yet being systematically
applied by the national administrations.

Secondly, compliance with the obligatory notification
procedure differs from one Member State to another (see
table in annex IV), although there are signs of
Improvement in 1989 and the absolute figures should be
considered against the background of the respective
eoonomio situations and the legislative practices or
administrative traditions.

In order to safeguard the effectiveness of the instrument
and to confront Member States with the consequences of
their omissions, the Commission published a communication
in the Offioial Journal in Ootober 1988 on the
non-enforceability of the teohnlcal standards adopted in
breach of Directive 83/189/EEC. It has recently extended
this device by publishing the list of notifications made
at regular intervals in the Offioial Journal for the
benefit of eoonomio operators.

The Commission has opted for a course of dialogue and
ooncertatlon at its "package" meetings with Member States,
and practically all cases under examination are settled
quickly and amicably (only five out of more than 1 000
dossiers were referred to the Court in 1988).

This approaoh enables greater aocount to be taken of
essential requirements such as protection of the
environment and consumers, values enjoying a high level of
protection pursuant to Artiole 100a(3).

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                - 6 
   Articles 48 and 52 guarantee equal treatment with
   nationals to all citizens of a Member State in the
   exercise of a professional activity, whether salaried or
   non-salaried. The Commission has taken two main

   initiatives :

   - the Commission issued a communication on 18 March 1988
    setting out its position regarding the interpretation
    of the exception in Art. 48, para. 4, concerning
    employment in the publio seotor. This communication
    Identifies four seotors which merit priority attention
    (commercial services, teaching, health and civil
    research).

   - the Commission has also put forward proposals amending
    Regulation EEC/1612/68 and Directive 68/360/EEC. With
    regard to the problems arising from the non-recognition
    of certain professional qualifications, the Commission
    is working on a programme to ensure the comparability
    of professional qualifications, on the basis of the
    Counoil's deoision of 16 July 1985.

   Artiole 59: there are currently very few instances of
   infringement and the servioes seotor is booming. The
   oross-frontier provision of new servioes is generally
   developing without hindranoe, as they are provided by
   occupations that are not regulated in the Member States.
   Traditional servioes in major sectors suoh as insurance,
   transport, radio and television, telecommunications and
   publio works oontraots are benefiting from broadly based
   Community measures oombinlng prohibition, recognition and
   harmonization of national provisions that give rise to
   barriers. This leaves a wide variety of servioes that may
   occasionally be provided in a Member State by an operator
   from another Member State (e.g. small craft businesses);
   where they are regulated in the host country, they
   frequently entail problems for the parties oonoerned out
   of all proportion to the potential benefits of occasional
   provision of servioes. This oould be remedied by
   developing a similar interpretation for Artiole 59 to that
   given to Artiole 30 by the "Cassis de Dijon" judgment.

   Article 95: the prohibition of double taxation does not
   appear to require major legislative changes in the
   Member States, but rather changes in the way the
   administrations treat the individual dossiers they are
   called on to process.

21. Provisions relating to competition policy must be added to
this list (monitoring of aid and the behaviour of
undertakings); however, the problems are not the same as
implementation does not generally involve national legislation,
except where application of Artioles 37 or 90 is ooncerned. [4 ]

   See footnote 3.

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                - 7 
IV. INCORPORATION OF TEE DIRECTIVES IN NATIONAL LAW

22. Under the White Paper programme, 100 directives,
regulations, deoisions or recommendations are now in force;
directives account for most of these instruments, 68 having
become applicable to date.

1. Analysis of the situation

23. Analysis of the situation regarding the incorporation of
Community instruments into national law is based solely on the
notifications received by the Commission, which are the only
means of obtaining a olear picture; it is therefore not
impossible that national incorporation measures have been
adopted but not communloated to the Commission.

24. In its report of June 1989, the Commission notes that only
two Directives have been incorporated in all the Member States.
Sinoe then, the overall situation appears to be improving as a
result of the information campaign carried out among
Member States on the basis of this report, although there are
still considerable backlogs In some Member States. Six of the
Directives - on the simplification of border formalities and
the liberalization of certain types of capital movements - have
been Incorporated in the legislation of all the Member States
when aooount is taken of the derogations applying in some

oases.

25. This problem of national incorporation is likely to
increase with the entry into force of further Directives and
adoption of the proposals now before the Counoil. The most
important and most oomplex measures are due to enter into force
in 1990: capital movements, "New Approaoh", insurance,
commercial agents, etc

26. The situation varies aocordlng to Member State and sector,
as the annexed table shows:

   with a few exceptions, such as border formalities and
   taxation, Spain and Portugal have backlogs, In some cases
   substantial, in all the other sectors. This can be
   explained by the transition period in which these two
   countries find themselves, involving an adjustment effort
   on their part that the Commission must take into aooount,
   in prooessing the infringement dossiers. By contrast, the
   smaller but equally worrying backlog on the part of
   Greeoe, Italy, Belgium and Ireland cannot be explained so
   easily; these backlogs are not evenly spread, but ooncern
   technical harmonization in particular.

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                - 8 
   the various sectors are not affected to the same degree.
   In spite of the number of measures in force, the animal
   and plant health sector appears to generate the fewest
   incorporation problems. By contrast, there are
   considerable baoklogs in technical harmonization and air
   transport, the two seotors in which incorporation measures
   have made least headway. None of the Directives on
   vehicle emissions has been incorporated in Italy or
   Portugal, and some of them await incorporation in Belgium.
   All Member States have backlogs in the transport field,
   including those which are most vocal in the Council on the
   subject of opening up the transport market.

   While the European Counoil critloized the delays in the
   Council on a People's Europe, neither Germany, Italy,
   Ireland or the Netherlands have adopted the pertinent
   measures on taxation, and more than half the
   Member States, and particularly Italy, are lagging behind
   on their obligations regarding the recognition of
   diplomas.

   Finally, only seven Member States have so far incorporated
   in national law the statute for the European Eoonomio
   Interest Grouping, whioh was adopted in July 1988 and
   entered into force on 1 July 1989. It is also regrettable
   that key industry polioy Directives have not been
   incorporated, e.g. the Direotive on protection of
   mloroolroults in Belgium and Greeoe and that on public
   supply oontraots in Italy, Denmark and the Netherlands.

27. However, these figures give only a limited ploture of the
problems of incorporation into national law. The sixth report
to Parliament on monitoring of the application of Community law
provides an overall view.

2. Reasons for the delays

28. The problem of national incorporation is to a certain
extent the oonsequenoe of the irreversibility of the march
towards 1992 due to the speeding-up of decision-making. At the
same time, however, it oould undermine the credibility of the
Community's politioal will and thus oall into question the very
irreversibility of the prooess.

While the meohanlsms within Member States have not yet been
adjusted to the new paoe of decision-making, there are signs of
a growing awareness of the phenomenon in several Member States.

29. It is important in tackling these problems to analyse and
deal with the oauses rather than simply resort to infringement
proceedings.

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30. A number of faotors are responsible for the delays:

   The main faotor appears to be shortcomings of an
   organizational nature within the Member States regarding
   central monitoring of the Implementation of Directives.
   In the absence of a monitoring structure, the departments
   responsible for incorporation, whioh are not always those
   which negotiated the texts, do not feel bound by the
   deadline until prompted by the Commission.

   The Commission departments have therefore taken to sending
   a reminder to Member States after adoption of the
   Direotive and before the Implementation date.

   In addition, however, because of the political
   significance of the 31 December 1992 deadline, the
   Commission will issue a comprehensive factual
   communication every six months on incorporation, covering
   both the Directives in force and the remainder, in order
   to permit ongoing central monitoring of progress in
   implementation.

   In some cases, the administrations have problems
   interpreting the Directives making proper incorporation
   diffioult. The Commission has therefore organized
   meetings of experts for some particularly difficult
   dossiers (produot liability, European Eoonomio Interest
   Grouping, company law and mutual recognition of diplomas)
   with a view to ensuring the greatest possible convergence
   of national incorporation measures; these meetings also
   constitute a means of reminding government departments of
   their commitments. This approach will be systematically
   applied in the various management groups and committees.

   To this end, the notification procedure provided for by
   Direotive 83/189 could, if suitably amended, be used for
   joint examination of the draft measures for incorporating
   into national legislation the Directives on teohnical
   standards. There is no reason why the meohanism for
   cooperation between the Commission and Member States
   Introduced by Direotive 83/189 for the prior examination
   of draft national measures - which has provided excellent
   results so far - should not be equally effeotlve when the
   measures in question are based on a Community instrument.

   The national legislative procedure is often given as a
   reason for the delays. However, the constitutional system
   in most Member States requires very few of the 68
   Directives in force to be dealt with by parliament.
   Member States in which certain legislative procedures or
   sorutiny by parliament are stipulated have now organized a
   system of prior information to national parliaments which
   facilitates subsequent adoption of the laws Incorporating
   Community legislation. A particularly noteworthy example

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  is the system established by Italy reconciling

  constitutional constraints, parliamentary control and
  effioient incorporation of Community law in national
   legislation.

  However, the forthcoming Directives will increasingly
   involve issues whioh do require legislation; this applies
   in particular to recognition of diplomas, the "New
   Approach", finanoial servioes and taxation. It is
   therefore neoessary to prepare for further problems, at
   least in those Member States which have not adopted
   speoifio meonanisms for informing or consulting the
   national parliaments.
   It is worth considering whether the problem oould be
   resolved by adopting measures In the form of regulations.
   Article 100a of the Single Aot permits the use of this
   instrument for harmonization purposes. This would obviate
   incorporation problems, although the Court's
   interpretation of directives already has a similar effect.

   However, the Commission has made only limited use of
   regulations, as the legislation to be amended is often in
   the form of directives; it is also frequently difficult
   to avoid incorporation measures (European Economie
   Interest Grouping), and the Commission should not
   underestimate the oonsequenoes of such a course for the
   sovereignty of national parliaments. [8] Moreover, the
   Counoil has rejeoted the use of regulations in the sectors
   where the Commission considered it possible (veterinary
   and agri-foodstuffs seotors), customs being the only
   exception.

   Monitoring of the incorporation of Community law belongs
   to the sphere of bilateral relations between the
   Commission and Member States. Nevertheless, the
   incorporation measures taken in each Member State affect
   all the Member States and all businesses, particularly
   where they oonoern completion of the single market.

   Consequently, renewed efforts must be made to make
   national Incorporation measures transparent, in order to
   ensure that everyone is properly informed and to exert
   additional pressure on dilatory Member States.

5 The Declaration annexed to the Single Aot states that the
   Commission shall give precedence, in its proposals
   pursuant to Artiole 100a, (1) to the use of the instrument
   of a directive if harmonization involves the amendment of
   legislative provisions in one or more Member States.

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   This transparency must take two forms:

   (a) Consolidation of instruments: the gradual
       development of Community legislation has led to a
       proliferation of Counoil instruments, supplemented
       occasionally by Commission amending measures. An
       example of consolidation is the adoption by the
       Council of texts containing all the amendments to
       the basic Directives on public works and public
       supply contracts; a consolidated text has also
       been tabled concerning the Seventh VAT
       Directive; consolidation proposals will shortly
       be transmitted on oosmetics and tractors, sectors
       now governed by some 30 different Directives.

   (b) Transparency of the national incorporation
       measures: the Directives make provision for
       transparency vis-A-vis the Commission, but not
       vls-A-vis the Member States or undertakings. As
       the latter operate in the national environment, it
       is important that they have the best possible
       access to information on their environment.
       Consequently, "seotor 7" (SG) of the Celex
       database - whloh is open to all the Community
       institutions and soon to be made accessible to the
       general public - contains information on the state
       of application of all the Community Directives.
       In addition, in the speoifio area of the internal
       market, the INFO 92 database, opened in June 1989
       and containing all the measures adopted or
       proposed under the White Paper programme, is to be
       supplemented at the end of this year by references
       to all the national incorporation measures.

   It has sometimes been proposed that the timetables for
   incorporation stipulated in the Directives should be
   modified; the average period allowed is 18 months. The
   foregoing analysis shows that observance of these
   deadlines tends to be thwarted by Internal organization
   problems rather than problems of substance. Even if
   there may be a problem of substance in certain cases, this
   would not warrant drawing general conclusions on the
   suitability or otherwise of the present deadlines.

V. APPLICATION OF THE DIRECTIVES ADOPTED

31. It must be clearly understood that the adoption of
directives, regulations and decisions is not in itself
sufficient to guarantee that they will be effectively applied.
This is particularly true of the customs, veterinary, plant
health, agri-food, pharmaceuticals and "New Approach" sectors
and the free movement of persons.

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               - 12 
32. The problems of application are manifested in different
ways: in some oases they concern the adoption of implementing
measures at Community level, and in others, the need to modify
administrative praotloes.

33. The legislation in the veterinary, plant health and
agri-food seotors necessitates the adoption of a substantial
number of management measures. In the field of food additives
alone, the Council will have to take several thousand
individual deoisions; the Council's slow progress in adopting
two Directives on colorants and preservatives does little to
inspire oonfidenoe in its ability to handle this workload.
This problem of application oould have been avoided if the
Council had agreed to delegate powers to the Commission. [6] The
proposals due at the end of the year in the pharmaceuticals
field will exacerbate these management problems.

34. Two problems in particular have to be taken into account
in the field of teohnlcal harmonization based on the "New
Approaoh":

   application of the Directives implies the establishment in
   the Member States of certification and testing
   infrastructures, the competence and professional capacity
   of whioh constitute the guarantee of effective
   protection of health throughout the territory of the
   Community. It is therefore only natural that eaoh Member
   State is highly oonoerned to obtain all the neoessary
   assurances regarding the true competence of the bodies
   notified by the other Member States. There must
   therefore be close coopération between these bodies in the
   forms best suited to ensure the effective transparency of
   their facilities and their actions;

   the effectiveness of the Directives depends to a very
   large extent on the existenoe of European standards.
   Although considerable resources have been mobilized to
   help the European standardization bodies increase their
   productivity, the size of the task is such that there is
   reason to fear that a great deal of standardization work
   will not have been oompleted when oertaln Directives
   covering a broad range of produots enter into foroe
   (Directives on "machines", "oonstruotion",
   "electromagnetic oompatlbllty", personal proteotive
   equipment, etc.).

6 SEC(89)1143 of 10 July 1989.

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                - 13 
35. Certain measures have already been taken to deal with
these problems:

   new working methods within the CEN/CENELEC and the ETSI,
   suoh as the "projeot teams" provided for in the new
   framework agreement oonoluded between these bodies and the
   Commission; action has been taken and results obtained
   notably in the field of information technologies and
   telecommunications, in which over 100 mandates have been
   given to European standardization bodies. A substantial
   part of this work is nearing completion;

   a strengthening of the procedures for notifying national
   standardization activities pursuant to
   Directive 83/189/EEC;

   improved transparency of European standardization
   activities for the benefit of industry and other users of
   standards.

36. However, in addition to these technical measures, the
Commission considers that it is neoessary to begin Immediately
the prooess of setting up a single European structure embracing
all standardization activities, whioh would be less dependent
on the constituent national structures and avoid the dispersed
nature of the ourrent structures (there are three Independent
bodies at present) and the wastage of resources and duplication
of effort this involves.

37. In certain sectors the national administrations
responsible must be fully acquainted with, understand and apply
Community law correctly. This is particularly true of public
procurement, monitoring activities as well as those questions
concerning the Citizens' Europe. Lack of consistency in
praotioal application can have economic and industrial
consequences or consequenoes for the credibility of the
Community in the eyes of the general public.

38. As the rules ensuring the free movement of goods develop,
so a oommon interpretation and application of the oustoms rules
is required; fairness in publio procurement requires all
purchasing authorities to oonform to the rules on transparency.
The Commission has adopted a firm attitude in this field,
refusing all Community finanoial support to any publio works or
procurement projeots that infringe these transparency rules.

39. It is to say the least shocking that national
bureauoraoies all too often continue to regard Community
nationals as foreigners and in praotioe, deprive them of their
rights of establishment and of residence through nit-picking
interpretation of rules whioh, while not always necessarily in
oonfHot with the Treaty, open the door to arbitrary practices.
All too often the Commission is confronted with cases of
refusal to exchange driving licences or to grant aooess to an
occupation for reasons born of unreasonable bureauoraoy.

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                - 14 
VI. STRENGTHENING OF THE EFFICIENCY OF THE RIGHT OF RECOURSE

40. A fundamental problem is compliance with Court judgments;
that the increase in infringement proceedings is reflected not
only in a less satisfactory implementation of Community law,
but also and more particularly in a growing number of nonenforced judgments, gives real cause for concern. A
continuation of this trend may eventually make monitoring
ineffective, undermine mutual trust and thus damage the
credibility of the institution central to a Community founded
on legal principles. It is crucial that the Member States
comply with the deoisions of the Court of Justice. There can
be no justification for non-compliance with these decisions.
The usual justifications put forward in such cases cannot be
accepted in this instanoe.

41. The burden of non-implementation of the Court of Justice
decisions is particularly felt in the internal market domain.
Out of 58 infringement procedures opened by the Commission for
non-respect of a Judgement of the Court (Art. 171 of the
Treaty), 48 direotly oonoern either the application of Treaty
provisions ensuring the functioning of the internal market
(15), or the application of directives or regulations (30).
The alarming situation oonoerning the non-implementation by
certain Member States, especially Greeoe and Italy, of Court of
Justice deoisions is shown in Annex 7. The Commission is
determined to keep a watohful eye on this situation by the
systematic use of Artlole 171 of the Treaty.

42. The national oourts also have a oruoial responsibility for
ensuring the effeotlve and consistent application of Community
law. In the interests both of the ordinary oitlzen and of the
efficiency of the legal system, the Commission should enoourage
reoourse to national oourts, as Indeed it has in the field of
public procurement.

43. However, the suooess of this approaoh depends on two
conditions :

   Judges and lawyers must be trained in the use of Community
   law; referrals to the Court of Justioe are frequently
   made at the final instance level, resulting in delays and
   additional oosts for oitizens. The questions referred all
   too often reveal a laok of knowledge of Community law and
   cause unnecessary procedural delays.

   The training defiolt must be tackled at university level
   (in most Member States, Community law is not a compulsory
   subjeot on the ourrioulum of law studies), at the level of
   in-service training for judges and lawyers and of the
   awareness of the supreme judicial bodies. Training must
   also take aooount of the faot that Community law is no
   longer a separate discipline, but a new dimension of the
   constitutional, civil, oommeroial or penal law of Member
   States.

```

```
                - 15 
   The organization of legal redress can be an obstacle to
   the use of the national courts and favour direct appeal to
   the Commission. This is particularly so where the
   plaintiff has to bear the costs or the level of costs is
   prohibitive. This is undoubtedly one of the reasons for
   the imbalance between Member States in referrals for a
   preliminary ruling to the Court of justioe.

44. The Commission cannot itself take the initiative in these
fields. Its responsibilities as guardian of the Treaty require
it to be highly attentive to the functioning of the national
appeals procedures. Consequently, under the Jean Monnet
programme launched in June 1989, the Commission Intends to
promote the creation of European chairs and, more generally,
the teaohing of subjeots such as European law that are
important to the 1992 objective.

45. However, it is up to Member States to take the basic
measures; the Commission for its part will support the
initiative being taken at regional level to develop teaching of
Community law at institutes specialized in the training of
judges. All of these measures belong to the dossier of
protection of individual rights and have a role in creating a
true European citizenship.

46. The Commission is aware of the additional problems that
compliance with Community law (both incorporation of the
Directives and application of the Treaty) oreates in Member
States with a federal struoture. In some States, the proper
balanoe between the various levels of decision-making to ensure
that all citizens benefit from clear and effeotive compliance
with Community law has yet to be found.

CONCLUSION

47. The aooelerated rate of adoption of legal instruments by
the Counoll masks a worrying lack of progress in transposing
these into national law, and in the effective Implementation of
decisions taken at a Community level. This failure is
particularly marked in oertain Member States. While each
Member State is directly responsible for the effeotive adoption
and application of Community legislation, the Commission, too,
has a duty to ensure that this is done.
Furthermore, the uniform application of Community legislation
is a necessary prerequisite for the effeotive and equitable
operation of the single market, and the operation of
competition policy.

48. In general, the implementation of Community law raises
questions of a political, administrative and cultural nature,
which frequently have a broader dimension than the specific
issue of the single market.

```

```
               - 16 
49. The current and especially future development of Community
law in the light of 1992 should open up a debate on the
democratic deficit. All that is being done in the field of
capital movements, right of establishment, company law and
taxation belongs by definition to the sphere of competence of
the national parliaments. However, they are bound by Community
law and so their sovereignty is correspondingly limited,
without this defloit being adequately compensated at Community
level.

50. The Commission can only hope that experience gained in
certain Member States in involving Parliament in the Community
decision making process will serve as a model for the others.

51. The initiative by the President of the French National
Assembly in calling meetings between the leaders of the
national parliaments and the President of the European
Parliament is a step in the direction of a new form of
cooperation to strengthen democratic accountability in the
Community. It builds on the initiatives already taken by the
European Parliament for regular meetings at committee level.

52. Aotion must therefore be taken to face the specific
problems mentionned in this Communication. Regarding the
respeot of the obligations of the Treaty, the Commission
envisages holding more "paquet" meetings and strengthening the
efficiency of direotlve 83/189.

53. Both the Member States and the Commission have
responsibility for the adoption of administrative provisions to
improve compliance with timetables for incorporating directives
in national legislation.

54. There appears to be a need for a contact person in each
Member State within the existing coordination structures with
responsibility for monitoring application of the measures
adopted under the White Paper programme in view of the 1992
deadline. This contact would facilitate dialogue between the
Commission and the Member States and, above all, exert the
necessary pressure on the implementing departments.

55. The Commission for its part will take the following steps:

   it will organize regular meetings with each Member State
   to review progress in national incorporation of all the
   White Paper measures (inoludlng those not yet in force),
   i.e. of all the directives, as was recently done for Spain
   and Portugal;

   at meetings of groups and committees, it will hold
   discussions on the state of implementation of the
   provisions within their field of competence;

   it will take action to ensure the transparency of national
   incorporation and consolidation measures.

```

```
              - 17 
56. With regard to administrative practice, Member States
undoubtedly have primary responsibility through oontrol of
staff training policy and the influence of senior management on
executive staff. The Commission has to adopt a case-by-case
approach where it notes abusive praotioes. To the Commission's
knowledge, only one government has issued a circular to create
an awareness of the Community dimension among public seotor
staff.

57. However, the Community could also help to ohange behaviour
patterns by enabling officials to learn about the
administrative praotioalltles of other Member States; such
exchanges oould serve as a basis for mutual trust and
cooperation. The President of the Commission outlined this
approach in his presentation of the Commission programme in
February 1989; it has been put into practice in the MATTHAEUS
programme for oustoms offioials, which is currently in the
pilot stage.

58. The Commission and the Member States are looking for ways
of promoting an lnorease in suoh exohanges (which already
operate between the Commission and some national
administrations) within the framework of the European Institute
for Publio Administration. The Commission is also
endeavouring to develop training oourses speolfioally designed
for offioials of national or regional administrations whioh
could deal with the questions relevant to the problems
currently at issue. It hopes to be able to run the first
oourses in 1990, taking aocount of the priority areas in the
programme to build a Europe without frontiers.

```

```
                  - 21 
                LIST OF ANNEXES

 I. Measures whose implementation date has passed

 H . Implementation of the Directives in force in the White Paper

    programme

H I . Breakdown of situation by each Member State

 IV. Implementation schedule of the measures already adopted by the Council

 V. Application of Articles 30-36 of the EBC Treaty and of Directive
   83/189.

 VI. Draft technical standards notified pursuant to Directive 63/189/EBC as
   amended by Directive 88/182/EBC.

VII. Court of «Justice decisions not implemented by Member States.

```

```
                            AnriflK T

               TVPrjairgypATTfTW T W P R W A S PAfiggn

To date, 81 measures* have entered into force.

Obese measures involve 100 different provisions** as follows:

Directives 68

Directives requiring national Implementing measures 65

Decisions 13

TvyHfirinma requiring ivfc-'M fifxyi implementing measures 5

Regulations 13

Recommendations 6

* This figure relates to the White Paper headings
** This figure comprises all the provisions adopted by the Council

Directives

Directive 87/487 is of a technical nature (content of swine fever
eradication programmes) and therefore does not entail national implementing
measures in the strict sense.

One date for incorporation into national law has not yet been fixed for
Directives 85/323 and 85/324 (concerning inlcrohjologioal checks on fresh
meat and poultrymeat).

```

```
2*

```

```
Decisions

Three Décisions do not specify any implementation date (88/524: priority
action plans for setting up an information services market; 86/649:
eradication of African swine fever in Portugal; 86/650: idem for Spain).

The non-implementation of Decision 85/368 (mutual recognition of vocational
training qualifications) is at present fully justified as the circumstances
described in its Implementing provisions do not yet prevail.

Deal si on 86/365 (OCMETT) entails only measures by the Commission itself and
the Council.

The Decision of 12 December 1965 authorizes the Commission to open
negotiations on accession to the European Agreement on Detergents.

Decision 85/434 oonoerns the setting up of an Advisory Committee on
```

**j^Vyrmfy^aiThl** **n^.1** **training.**

```
Decision 88/248 authorizes the oontlnuatlon of ««HgMTTg derogations for the
excise duties applicable to traditional rum produced in the French overseas
departments*

Reoommendatl one

Although they are not binding, all six Recommendations specify measures to
be taken at national level.

Regulation 85/2137 setting up the EED3 Involves adaptation of the national
legal framework and hence national implementing measures.

```

```
23

```

```
                        ANNEX II

    IMPLEMENTATION OF TEE DIRECTIVES

   IN FORCE IN TEE WBITB PAPER PROGRAMME

.B.: I s Implemented
      NI = Not implemented
      D s Derogation
      INFR = Infringement procedure under way
      NA s Not applicable

```

**24**

##### **u**

```
Measure

1) THE REMOVAL OF
PHYSICAL BARRIERS
-CONTROL OF GOODS
Various controls

  Duty free
admission of fuel
contained in the
fuel tanks of
commercial motor
vehicles

Veterinary anfl
phVfrosanitary
controls

```

```
B D DK : E GR IRL NL UK : Remarks

1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1

```

```
Production and
```

`trade in milk` **:** **NI** **;** **NI** **I** **:** **NI** **:** **I** **NI** **:** **I** **•** **NI** **NI** _**i**_ **I** **NI** **:** **I** **:**

```
Eradication of
classical swine

```

```
fever in the
Community as a
whole and swine

fever
(3 Directives) INFR

```

```
I :INFR : NA

1 : 1 : 1

NI

```

```
Concerns :
Dir. 87/486

```

```
85/358
Hormone growth
promoters
88/146

```

```
 I

NI

```

```
Measure : B : D : DK : E : F : GR : I : IRL : L : NL : P : UK : Remarks :

Microbiological : : : : : : : : : : : : : :
controls (meat, : : : : : : : : : : : : :TIME FOR :
poultry, red meat) : : : : : : : : : : : : rIMPLEMEN- :
(2 Dir.: 85/323 : : : : : : : : : : : : :TATION NOT :
     85/324 : : : : : : : : : : : : :YET FIXED :

Medical 85/325 : I : I : I : I : I : I :INFR : I : I : I : NI : I : :

examination of : :

Personnel 85/326 : I : I : I : N I : I : I : I : I : I : I : NI : I :B partial :
(3 Directives) : : implement . i
      85/327 : I : I : I : N I : I : I : I : I : I : I : NI : I : :

Antibiotic : : : : : : : : : : : : : Information :

residues : : : : : : : : : : : : :not availab. :

Control of : : : : : : : : : : : : : Information :

residues : : : : : : : : : : : : :not availab.:

      85/320 : I : I : I : I : I : I : I : 1 : 1 : 1 : N I : I : :

Swine fever 85/321 : I : I : I : NI : I : I : I : I : I : I : NI : I : :

              • • •

(3 Dir.) 85/322 : I : I : I : N I : I : I : I : 1 : 1 : 1 : NI : I : :

Control of foot : I : I : I : N I : I : I : I : 1 : 1 : 1 : 1 : 1 :E partial :
and mouth disease : : : : : : : : : : : : : implement. :

Amendment to : : : : : : : : : : : : : :

    85/574 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : 1 : :

Directive 77/93 : : : : : : : : : : : : : :
(plant health) : : : : : : : : : : : : : :
(2 Dir.) 88/572 : I : I : NI : NI : NI : NI : NI : I : I : I : NI : I : :

```

```
Measure B DK : E GR : I IRL : L NL P UK : Remarks

                                    BSSSSaSSSSSSBSSSB-SSSSB.

Maximum levels for:

pesticide residues:
in cereals and

```

```
      86/362

foodstuffs of

      86/363
animal origin
(2 Directives)

```

```
: I : : I :

```

```
I : NI J : I : I

```

```
NI i : I :

```

```
NI : : I

```

```
: I

```

_i_ `I`

_i_ `I` `:`

```
: I : : I :

```

`I :` `NI` `.` _i_

_i_ `I :` `NI` `:`

```
: NI

: NI

```

`: NI :` _i_

```
NI : : I

```

```
Amendment of

Directive

79/117/EEC on the :
prohibition of
certain plant
protection
products (ethylene:
oxide) : I

```

```
: I : : I J

```

_i_ `I :`

`NI` `:` _i_

```
:NA

```

```
: I J

```

```
: I J

```

```
: I J :

```

`:` `I :` _i_

_i_ `I :`

```
: I :

```

```
Proposal for
Directive on the

fixing of guidelines for the

evaluation of

additives used in

animal foodstuffs

```

_I_ `I`

```
: I « :

```

`:` `I :` _i_

```
: I :

```

```
: I :

```

```
: I : !

```

```
! N I J :

```

```
:INFR :

```

```
:INFR

```

```
; I : :

```

```
: I :

```

_i_ `I :`

```
Measure B DK GR IRL NL UK Remarks

```

```
Modification of
Directive 72/461
on health problems:
affecting intraCommunity trade in:
fresh meat and
Directive 72/462 :
on health and
veterinary inspection problems :
upon importation
of bovine animals :
and swine and
fresh meat from
3rd countries ; I :

```

```
I J, I :

```

```
:IRL,L and UK:
:do not apply:
:derogations :
:envisaged in:
:Dir. 87/64

```

```
NI :, I :

```

```
s I

```

`: NI` _'_

```
: I •

```

```
I :

```

```
I : NA

```

```
:NA

```

```
Acceptance for
breeding purposes,
of purebred
breeding animals
of the bovine
species : I

Amendment to
Directive 80/215
on animal health
problems affecting
intra-Community
trade in meat
products : I

```

```
! NI : I

```

```
;NA

 NI

s I

```

`: NI` _:_ `D`

```
: I

: I

```

```
:INFR :INFR

```

```
   :E and P
   : imp 1 omenta- :
   :tion :
   :required for:
   :1/1/92 :
: I : :

```

```
: NI : I

```

```
: I

```

```
: I

```

```
: I

:INFR

```

```
: D

: I

```

```
: NI : I

```

```
Measure B DK GR IRL : NL UK : Remarks

```

```
Amendment to :
Directive 64/433 :
on health
problems affecting:
intra-Community :
trade in fresh :

meat

```

```
NI

```

```
 NI

: NI

```

```
: NI

```

```
I :

```

`I` _'_

```
I

```

```
NI .

```

`NI` _i_ `N I`

```
NI

```

```
I

```

```
• NI

```

```
NI :

```

```
Amendment to
Directive 72/462
on health and
veterinary inspection problems :
upon importation
of bovine animals
and swine and
fresh meat from
```

`third countries` _l_ `NI`

```
: I

```

```
: NI

```

_i_ `I`

```
: NI

```

```
: NI

```

```
: I

```

```
: NI

```

```
: NI

```

```
: I

```

```
Certification of : : : : : : : : : : : : : Information :
seeds (Dir. 88/380): : : : : : : : : : : : :not aval lab. :

CONTROL OF

INDIVIDUALS

```

```
0

rA

```

```
Measure B DK GR : IRL : NL : UK Remarks

```

```
Sixth Directive :
relative to :
exemptions in
international :
travel : increase :
to 350 ECUS :

Tax reliefs to be :
allowed on the
importation of
goods in small
consignments of a :
non-commercial ;
character

Small consignments:

```

```
I :

```

```
I :

```

```
I :

```

```
I :

```

```
I :

```

```
I :

```

```
. I 2

```

```
I :

```

```
I : .

```

```
: I !

```

```
: I

```

```
I s : I :

```

```
I j .

```

```
. I :

```

```
: I :

```

```
: I : :

```

```
: I

```

```
: I

```

```
: I :

```

```
: I

```

```
: I :

: I

```

```
: I J

```

```
 exemption from
VAT on the final •
importation of
goods (amendment
to Directive
83/181 determining
the scope of
Article 14(1)(d)
of Directive
77/388) : I

2) THE REMOVAL OF
TECHNICAL BARRIERS

-FREE MOVEMENT OF
 G00DS
```

```
: NI : I

```

```
: I

```

```
: I

```

```
: I

```

```
: NI : NI

```

```
: I

```

```
: NI .

```

```
: I,

```

```
: I '

```

```
                                                                   <r\

Measure B DK : E : F : GR : I IRL NL : P : UK : Remarks :

New approach in :
technical :

harmonization and :

standards :

```

```
Extension of :

information

procedures on

standards and

technical rules

(amendment to
Directive 83/189) j

```

```
: I

```

```
: I,

    :I: Partial

    :implement.

```

```
: I

```

```
: I :

```

```
: I ! :

```

_\_ `I :`

```
: I :

```

`:` `I` `J` _\_

```
: I :

```

`: I :` _i_

_i_ `N I '`

```
: I :

```

```
Sectorial

proposals concernincr approximation «

of laws-Motor

vehicles

Gaseous emissions,

passenger cars : I

Gaseous emissions,

commercial

vehicles : I

```

```
: I

: I

```

```
: I

: I

```

`:` `NI` _i_ `I`

```
: I

: I

```

```
: I

```

```
: I

: I

```

_i_ `I`

```
: I

```

```
: NI : I

```

```
: I

: I

```

```
: I

```

```
: I

: I

```

```
: NI : I

```

```
Diesel particul. : N I : I : I : I : I : I : I : 1 : 1 : 1 : NI : I : :

Type approval of
motor vehicles and

their trailers,
Directive 70/156 : I : I : I : I : I : I : I : I : I : I : NI : I

```

```
                                                 8

Measure B DK GR : I IRL NL : P UK : Remarks

                                    :3BS-_B__xsai

```

```
Tractors and :
agricultural :
machines •

Modification of :

framework :
Directive 74/150 :

Rollover :
protection :
structures :

Foofl law :

```

```
I :

I :

```

```
I :

I :

```

```
I :

I :

```

```
I :

I :

```

```
I : : I :

```

```
I :

```

```
I :

```

```
NI :

NI ;

```

```
I :

```

```
NI : I

```

```
I

NI

```

**`NI`** **`•`** _i_ `I`

```
: NI :

 NI

```

```
General Directive :
on sampling and
methods of
analysis : I

Preservatives

```

```
:INFR :INFR

```

```
: I

: I

```

```
: I

: I

```

```
:INFR

: I

```

```
:INFR

: NI

```

```
: I

: I

```

```
: NI : I

```

```
:INFR

: I

```

_i_ `I`

```
:INFR

: I

```

```
: NI

```

```
   :* in many :
: :cases it :

   :doesn't need:
   :implement. :
   :through a :
:INFR :new enactm. :

```

```
(modification)
COM(81)712

```

```
: I

```

```
: NI : I

```

```
Emulsifiers : : : : : : : : : : : : : :

(modification) : NI : NI : NI : NI : NI : NI : NI : NI : NI : NI : NI : NI : :

```

```
Coffee extracts
chicory extracts
(modification)

```

```
: I

: I

```

```
: I

```

```
: I

: NI

```

```
: I

: I

```

```
: NI : I

```

```
: I

```

```
: I

: I

```

`:` `I` _i_

_i_ **`:`** **`I :`**

```
: I, : NI J

```

```
Obligation to
indicate
ingredients and
alcoholic strength : I

```

```
: NI

```

```
: NI

```

```
: I

: NI

```

```
I :

NI j

```

```
: NI :

```

```
Measure B DK : E : F : GR : I : IRL : L NL : P : UK : Remarks :

```

```
Simulants (plastic:
materials in :

contact with :

foodstuffs) :

Pharmaceuticals ;
and hicrhtecbnoloqy
medicines

```

```
NI

```

```
NI !

```

```
NI :

```

```
NI :

```

```
NI

```

```
NI ; NI

```

```
NI : : NI :

```

```
NI J

```

```
NI :

```

```
NI :

```

```
Proposal for
Directive
concerning the
placing on the
market of hightechnology
medicinal products
incl. those

derived from
biotechnology : I

Proposal
amending Directive
75/318/EEC
concerning the
testing of
medical

```

_i_ `I ;` **`:`** **`I`**

```
: I : : I

```

```
: I

```

```
: I

```

```
: I

```

```
! I

```

```
: I

```

_i_ `I`

```
specialities

```

```
• I :

```

```
: I

    : P : Derogation:
    :until :
    :1/1/91 :
    :I: basic :
    :pharmaceut. :
    :directives
' I :65/65 and
    :75/319 not :
    :implemented :
    :(INFR) :

```

```
I :

```

```
I

```

```
: NI : ! I :

```

```
I !

```

```
I ;

```

```
D

```

```
: I

```

```
: I, ! I

```

```
                                                 10

Measure B DK : E : F : GR : I : IRL : L : NL : P : UK : Remarks :

```

```
Proposal amending :
Directive 81/852/ :
EEC concerning :
veterinary :
medicinal products:

```

```
NI :

```

```
I :

```

```
I :

```

```
I :

```

```
I :

```

```
I :

```

```
INFR :

```

```
I :

```

```
I : : I

```

```
: I

: I

```

```
Proposal for a :
Council Directive :
amending Directive:
65/65/EEC concern-:
ing medical
specialities t I :

```

`Cfo$TOical` `products` _'_

```
:E,GR and P: :
: derogation
:until :
: 1/1/92 :

```

```
I : : I

```

```
: D

```

```
: I : : D

```

```
: NI : I

```

```
: I

```

```
: I

```

```
: I

  D

```

```
Council Directive
relating to restrictions on the
marketing and use
of PCB's
(polychlorinated
biphenyls)

Council Directive
relating to "Restrictions on the
marketing and use
of asbestos**

```

```
: I :

```

```
: I

: I

```

```
:INFR

: I

: I

```

```
: I

: I

: I

```

```
: NI : I

```

```
: I

```

```
: NI : I

```

```
: I

: I

```

```
: I

```

```
: I J : I :

```

```
: I : :

```

```
: I ! :

```

```
: I : :

```

```
: I

: I

```

```
I : I :

```

```
Non-ionic detergents (modification of existing
Directive) : I

```

```
: INFRJ :

```

```
: I :

```

```
: I : :

```

```
: I ; :

```

```
I :

```

```
I : NI :

```

```
I :

I :

```

```
Measure

Construction and

construction

products

Tower cranes :

permissible sound

levels

Other items

```

```
                                         11

B DK GR : IRL : NL : UK : Remarks

```

```
: NI : NI

:except

:Flanders

```

```
: NI : NI i I : NI ! NI : NI : I : NI : NI : NI :

```

```
Tyre pressure B: Imp 1 em.
```

`gauge` `: NI` `I :` _i_ `I :` `:` `I` `:` `I` _'_ _i_ `I : :` `I` _'_ `:` `I` `: : I :` `:` `I :` _i_ `N I : :` `I : not`
```
                                                            complying
                                                            with the

                                                            directive

Hydraulic diggers :
(noise) : NI NI NI NI NI NI NI

Directive on

products which,
appearing to be
other than they
are, endanger the
health or safety
```

`of consumers` `: NI` `:` `I :` `:` `NI` _i_ `NI` `: NI : NI` `NI` `:` `NI` `: NI` `,` `NI` `J` `NI i` `j` `NI` `:`

```
Good laboratory
practices : nonclinical testing
of chemicals

            : I NI : : I : : NI i : I J : I : I : ' NI ! I J I : : NI : : NI :

```

Vu
**12**

Measure **B** **DK :** **GR :** **IRL** **:** **NL :** **UK** **Remarks**

```
Public procurement:

Coordination of :
procedures on the :
award of public :
supply contracts :
(amendment of :
Directive 77/62) :
and deletion of :
certain provisions:
of Directive
80/767

FREE MOVEMENT FOR

LABOUR AND THE

PROFESSIONS

```

```
 D

: I

• I

: I

```

```
: I

: I

 I

```

```
I J

```

```
E,GR et P : :
Derogation
until
• 1/3/92 :

•Conformity
:national

:measures not:
:checked

:L: No need

L: No need

```

```
5INFR

:INFR

:INFR

:INFR

```

```
D

```

```
I

```

```
: I ;

```

```
I :

```

```
I J INFR :

```

```
I

```

```
Coordination of
provisions in the
field of pharmacy

```

```
: I

:INFR

t I

```

```
:INFR

: I

: I

 I

```

```
: I

: I

:INFR

```

```
: NI : I

: NI : I

```

```
: I

```

```
: I

```

```
Mutual recognition
of diplomas in
pharmacy :INFR

```

```
:INFR

: I

:INFR

```

```
Specific training
in general
medical practice

```

```
• D

: I

: I

```

_i_ `I`

```
: I

: I

: I

```

```
: I

```

```
fINFR

```

```
DK :

```

```
Measure

TRANSPORT

```

```
: B

```

```
: D :

```

```
F :

```

```
NI :

```

```
GR :

```

```
 I :

NI :

```

```
IRL :

```

```
L :

```

```
NL :

I :

```

```
P :

NI :

NI :

```

```
UK :

I :

NI

```

**13**

```
Remarks

```

```
Fares for ;
scheduled air
services : INFR :

```

```
I : NI

```

```
NI : INFR :

```

```
I : INFR :

```

```
Air__transport :
sharing of
passenger capacity:
and market access :
(Dec. 87/602)

NEW TECHNOLOGIES

AND SERVICES

```

```
NI J

```

```
I J

```

```
NI ! . NI :

```

```
NI : : NI :

```

```
NI J

```

```
 E :

 I :

NI !

```

```
NI :

```

```
Pan European
mobile telephones

CAPITAL MOVEMENTS

```

```
: NI

```

```
: NI ;

```

```
: NI !

```

```
 NI

: I

```

```
 NI

: I

```

```
: NI

```

```
: NI

```

```
: NI

```

```
: NI .

```

```
: NI

```

```
: NI .

```

```
NI

```

```
Liberalisation of
operations such as
transactions in

securities not

dealt in on a
Stock Exchange,
admission of

securities on the
capital market and
long-term
commercial credits : I

```

```
   :E:Derogation:
   : until :
   :31/12/90 :

• • •

• • •

   :GR: :
   :Derogation
   :until
   :31/12/89 :

• • •

• • •

   :P: :
   :Derogations :
   :until
  I :31/12/92

```

```
: D

```

```
: I

```

```
: I

```

```
: I

```

```
: I

```

```
: I

```

```
: D

```

```
: D

```

```
bo

```

```
                                                 14

Measure B : D : DK : F GR : IRL : NL : UK : Remarks

CREATION OF :
SUITABLE :
CONDITIONS FOR :
INDUSTRIAL CO- :
OPERATION :

```

**`Company`** _**iw**_ **`:`**

```
Regulation for a
European Economic :
Interest Grouping :

```

```
: NI : I

```

```
: I ;

```

```
: I : :

```

```
: NI «

```

```
NI

```

```
: I

: I

```

```
: NI : I

```

```
: I :

```

```
NI :

```

```
: I • :

```

```
Intellectual and

industrial
property

Legal protection
of micro circuits

3)THE REMOVAL OF
FISCAL BARRIERS

VrArT

```

```
: I

: I

```

```
:INFR

: I

```

```
: I

:INFR

```

```
: I : • I !

```

```
: I

```

```
: I

```

```
:INFR : I

```

```
: I

: I

```

```
: I . i I :

```

```
13th VAT Directive
concerning tax
refunds to persons
not established in
the Community : I

```

```
I :

```

```
I :

```

```
: I

```

```
: I

: I

```

```
I :

```

```
                                                 15

Measure B DK : E F : GR : I IRL : L NL : P UK Remarks

17th VAT Directive
concerning the
temporary
importation of
goods other than
```

`means of transport` **:** **I** **:** **I** **:** **I** **:** **INFR** **;** **I** **:** **NI :** **I** **:** **I** **:** **I** **:** **I** **:** **I** **:** **I** **:**

```
<v
```

#### `A n n e x III`

```
B R E A K D O W N O F S I T U A T I O N B Y M E M B E R S T A T E

```

```
46 47 51

             12
   B D

```

**30**

**28** **VOOO0<X** **1**

```
            IMPLEMENTED

            NOT IMPLEMENTED

DK INFRINGEMENT PROCEDURE UNDERWAY

         ^ DEROGATION

            NOT APPLICABLE

```

**GR**

**^**

```
B R E A K D O W N O F S I T U A T I O N 'BY M E M B E R S T A T E

                             I l IMPLEMENTED
29

```

```
        1
23
       10

```

**51**

```
IRL L

```

```
2 BoOO MOT IMPLEMENTED

i

```

**•** **H** **INFRINGEMENT PROCEDURE UNDERWAY**

**0\\\** **DEROGATION**

**NOT APPLICABLE**

**37**

**11**

**NL** **UK**

```
                                                 Ann E T TV
                                                           N T

Implementation schedule of the measures already adopted by the Council

```

```
No. 35

of 30

     25

me a s u r e s

```

```
This graph includes all the
m e a s u r e s adopted by the Council
for w h i c h an implementation date
has been fixed.

In some cases, implementation of
a m e a s u r e is phased oyer several

years.

```

```
85 86 87 88 89 90 91 92 93 95

          Year

```

**Aimflff** **Y**

**APPLICATION** **OF ARTICLES 30-36 OF THE EEC TREATY**
**AMD** **OF** **IILKHLTIVE** **83/189**

**1.01/30.6.89**

**587**

**426**

**125**

**2**

**19**

**1.** **Number of Articles** **30-36** **dossiers**
**examined in** **1988** **and In** **the first** **six**
**months** **of 1989**

**Itoese dossiers** **break down as follows:**

**1968**

**1180**

**783**

**188**

**8**

**198**

**44**

**a.**

**b.**

**o.**

**d.**

**e.**

**Ccnroiaints.** **suspected** **iiifri-otfements.**
**oases deteoted by** **[Ocimr.8Bl.an](http://Ocimr.8Bl.an)** **departments**
**and investigated**

**IiifTingements** **established**

*** proceedings** **Initiated for**
**infringement** **of Articles** **30** **fi£_flflfl.**

**C*** **initiation of** **prooeedi]_gs** **fleoixietl** **rut**
**not** **Yet** **put into effect:** **18)**

**Referrals** **to the Court** **for iiifTingement**
**of Articles 30 fit_flfiJl.**

**Draft technical regulations within the**

**examined** **or being examined** **In** **the light**
**of Articles 30-36**

**Reasoned opinions**

**1968** **1.01/30.6.89**

**2.** **New** **ocxoplaints** **regarding Articles** **30-36**
**(lncuxdlng** **226** **oompl ai** **nts** **rel at»1 ng** **to**
**registration of** **second-hand** **vehicles in**
**Spain)** **582** **185**

#### **43**

**Amr-oy YT**

**ERAFT TBŒNIGAL STANEARDS** **NOTIFIED PURSUANT TO**

**iJULKl-CriVB 83/189/EBC** **AS** **AMENDE}** **BY**

**nERBCTIVE 88/182/EBO**

**2** **:**

**1 1**

**0** **:**

**1 1** **:**

**2** **:**

**17** **:**

**TOTAL**

**:** **32** **:**

**:** **77** **:**

**:** **268** **:**

**19** **:**

**:** **46** **":**

**150** **:**

**Member State**

**:** **BELGIUM**

**DENMARK**

**GERMANY**

**:** **GREECE**

**SPAIN ***

**FRAN_QE_**

**IRELAND**

_**I**_ **IJALY___**

**LUXEMBOURG**

**:** **NETHERLANDS**

**:** **PORTUGAL**

**1 9 8 4 - 1 9 8 8**
**(April-December)**

**:** **25**

**:** **67**

**:** **222**

**14**

**3 4 ***

**122**

**13**

**2 1**

**0**

**40**

**7 ***

**1 9 8 9**

**(January-June)**

**:** **7**

**:** **10**

**4 6**

**:** **5**

**12**

**28**

**15** **:**

**32** **:**

**0** **:**

**5 1** **:**

**9**

**69** **:**

_**-**_ **UNITED KINGDOM** **-** **[: ]**

***Sinoe 1 January 1986.**

**52**

```
NT
```

```
ANNEX VII

```

```
         COURT OF JUSTICE DECISIONS NOT IMPLEMENTED BY MEMBER STATES

        PROCEDURES UNDERWAY ON THE BASIS OF ARTICLE 171 OF THE TREATY

MEMBER STATE LEGAL BASE SUBJECT OF INFRINGEMENT
                                 PROCEDURE

```

```
BELGIUM : Articles 7, 48, 128, of EC
            Treaty; Regulation 1612/68

           : Directive 714/82

           : Directive 470/82

           : Regulation 121/82

           : Regulation 80/390

```

```
   Discrimination in public
   financing; non-university
   higher education.

   Technical specifications
   inland waterway vessels

: Transport agents

: Securities

: Securities

```

```
                                                  2.

           : Regulation 279/79 : Securities

DENMARK : Regulation 831/79 : Dangerous substances

           : Regulation 831/79 : Dangerous substances

GERMANY : Article 30 of the EC : Difficulties with pasta

           : Treaty : imports

           : Article 30 of the EC : Packaging of "petillant de raisin"

           : Treaty :

           : Article 30 of the EC Treaty : Prohibition on sale of
           : : beer not exclusively brewed with
           : : malt barley

```

```
                                                    3

           : Dir. 69/169 : Butter "cruises" - Taxation

           : : aspect

GREECE : Articles 52 & 59 of the EC Treaty: Nationality requirements for access
           : : to the following professions :
           : : architects, graduate engineers,
           : : surveyors

           : Article 90 (3) of the EC Treaty, : Insurance of public goods
           : Commission decision 85/276 :

           : Article 52 of Greek Act of : Refusal to authorise transfer

           : Accession : of credits to the blocked accounts

           : : of Member State residents

           : Articles 9 & 13 of the EC Treaty : Bank fees for the control
           : Article 28 of the Greek Act of : of imported products
           : Accession :

```

```
4.

```

```
           : Articles 52 & 59 of the EC Treaty: Nationality requirements

           : : to practice as lawyer

           : Articles 48, 52 & 59 of the EC : Prohibition on teaching

           : Treaty :

           : Article 30 of the EC Treaty : Provisions imposed on sale of

           : : malt beers

SPAIN : :

FRANCE : Articles 52 & 59 of EC Treaty : Replacement of doctor in shared

           : : practice

           : Dir. 77/388 : VAT - motorway tolls

IRELAND : Directive 388/77 : Application of zero rates

```

```
                                                 5.

ITALY : Dir. 79/109 : Brucellosis

           : Dir. 80/219 : Tuberculosis and brucellosis

           : Dir. 80/1098 : Classical swine fever and

           : : swine vesicular disease

           : Dir. 90/1099 : Classical swine fever and

           : : swine vesicular disease

           : Dir. 82/242; Dir. 82/243 : Anionic surfactant

           : Dir. 414/84 : Therraometres

           : Articles 52 & 59 of the EC Treaty: Nationality requirements (guides,

           : : journalists, self-employed
           : : pharmacists)

```

###### **0**

```
Dir. 83/181 :

```

```
Final importations of personal
effects - tax relief

```

```
Dir. 83/181

```

```
: Art. 95 of EC Treaty

```

```
: VAT exemption on final importation
   of certain goods

: Taxation on bananas

   Phased customs clearance

: Export procedures on Community
: goods

   Export procedures on Community
: goods

: Part-time training of
: specialist medical personnel

```

```
: Dir. 82/57

```

```
: Dir. 82/347

```

```
: Dir. 81/177

```

```
: Dir. 76/82

```

### **w**

```
: Dir. 65/65; 75/319 : Placing on the market of medicines

: Dir 470/82 : Transport agents

: Article 13 of the EC Treaty : Burden of proof requirements

: : which make the reimbursement
: : of national taxes at
: : equivalent rates impossible

: Directive 660/78 : Company annual accounts

```

_**CÙ**_
## **u**

```
                                                8.

           : Directive 386/84 : Movable tangible property

           : Directive 388/77 : Veterinary surgeons and blacksmiths

           : : exemption from services

           : Article 95 of EC Treaty; : Import of medical samples

           : Directive 388/77 :

LUXEMBOURG : :

NETHERLANDS : Dir. 388/77 : Tax regime notaries and ushers

PORTUGAL :

UNITED KINGDOM : Dir. 756/76 : Lighting and light signalling

           : : devices of motor vehicles

```

**ISSN** **0254-1475**

#### **COM(89) 422 final**

# **DOCUMENTS**

#### **EN 01** **Catalogue number : CB-CO-89-388-EN-C** **ISBN 92-77-52750-1**

**Office for Official Publications of the European Communities**

**L-2985** **Luxembourg**

**5*3**