Explanatory Memorandum to COM(1995)500 - Twelfth annual report on monitoring the application of community law (1994)

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dossier COM(1995)500 - Twelfth annual report on monitoring the application of community law (1994).
source COM(1995)500 EN
date 07-06-1995
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51995DC0500

TWELFTH ANNUAL REPORT ON MONITORING THE APPLICATION OF COMMUNITY LAW (1994) /* COM/95/500 FINAL */

Official Journal C 254 , 29/09/1995 P. 0001


Contents

1.

TWELFTH ANNUAL REPORT on monitoring the application of Community law - 1994 - (95/C 254/01) COM(95) 500 final



CONTENTS

Page

INTRODUCTION

AN AREA WITHOUT INTERNAL FRONTIERS

2.

1. Introduction .......... 10


3.

2. Situation sector by sector .......... 11


4.

2.1. Removal of physical barriers .......... 11


5.

2.1.1. Customs union .......... 11


6.

2.1.1.1. Notification of national implementing measures in respect of directives applicable to the customs union .......... 11


7.

2.1.2. Free movement of agricultural products .......... 11


8.

2.1.2.1. Import controls .......... 11


9.

2.1.2.2. Import bans .......... 12


10.

2.2. Removal of technical barriers .......... 12


11.

2.2.1. Free movement of goods .......... 12


12.

2.2.1.1. Articles 30 et seq. of the EC Treaty .......... 12


13.

2.2.1.2. The preventive rules of Directive 83/189/EEC .......... 15


14.

2.2.2. Progress in implementing directives on the free movement of goods .......... 16


15.

2.2.2.1. Foodstuffs .......... 16


16.

2.2.2.2. Progress in implementing directives applicable to foodstuffs .......... 16


17.

2.2.2.3. Pharmaceutical products .......... 16


18.

2.2.2.4. Progress in implementing directives applicable to pharmaceutical products .......... 17


19.

2.2.2.5. Chemicals .......... 17


20.

2.2.2.6. Progress in implementing directives applicable to chemicals .......... 17


21.

2.2.2.7. Motor vehicles, tractors and motorcycles .......... 17


22.

2.2.2.8. Progress in implementing directives applicable to motor vehicles, tractors and motorcycles .......... 18


23.

2.2.2.9. Construction products .......... 18


24.

2.2.2.10. Mechanical engineering, personal protective equipment, prepackaging, measuring equipment, electronics and medical equipment .......... 18


25.

2.2.2.11. Progress in implementing directives applicable to mechanical engineering, personal protective equipment, prepackaging, measuring equipment, electronics and medical equipment .......... 19


26.

2.2.3. Services .......... 19


27.

2.2.3.1. Audiovisual media .......... 19


28.

2.2.3.2. Intellectual and industrial property .......... 19


29.

2.2.3.3. Progress in implementing directives applicable to intellectual and industrial property .......... 20


30.

2.2.3.4. Telecommunications .......... 20


31.

2.2.3.5. Progress in implementing directives applicable to telecommunications .......... 21


32.

2.2.3.6. Free movement of financial services .......... 22


33.

2.2.3.7. Progress in implementing directives applicable to financial services .......... 22


34.

2.2.3.8. Direct taxation .......... 22


35.

2.2.3.9. Progress in implementing directives applicable to direct taxation .......... 23


36.

2.2.3.10. Company law .......... 23


37.

2.2.3.11. Progress in implementing directives applicable to company law .......... 23


38.

2.2.4. Free movement of capital .......... 23


39.

2.2.5. Public procurement .......... 24


40.

2.2.5.1. Progress in implementing directives applicable to public procurement .......... 27


41.

2.3. Removal of tax barriers .......... 27


42.

2.3.1. Progress in implementing directives applicable to indirect taxation .......... 28


43.

2.4. Free movement of persons and right of establishment .......... 28


44.

2.4.1. Ending discrimination .......... 28


45.

2.4.2. Entry and residence .......... 29


46.

2.4.2.1. Progress in implementing directives applicable to right of residence .......... 29


47.

2.4.3. Trade union rights .......... 29


48.

2.4.4. Access to employment in the public service .......... 29


49.

2.4.5. Social security of migrant workers .......... 30


50.

2.4.6. Recognition of qualifications .......... 30


51.

2.4.6.1. Progress in implementing directives applicable to recognition of qualifications .......... 32


52.

2.4.7. Independent commercial agents .......... 32


53.

2.5. Consumer policy and product safety .......... 33


54.

2.5.1. Progress in implementing directives applicable to consumer policy and product safety 33


COMPETITION

55.

1. Introduction .......... 34


56.

2. Situation sector by sector .......... 34


57.

2.1. Public enterprises .......... 34


58.

2.2. Monopolies .......... 35


59.

2.3. Progress in implementing directives applicable to competition .......... 35


EMPLOYMENT AND SOCIAL POLICY

60.

1. Introduction .......... 35


61.

2. Situation sector by sector .......... 36


62.

2.1. Equal treatment of men and women .......... 36


63.

2.2. Working conditions .......... 36


64.

2.3. Health and safety at work .......... 37


65.

2.4. Public health .......... 37


66.

2.5. Progress in implementing directives applicable to employment and social policy .......... 37


AGRICULTURE

67.

1. Introduction .......... 37


68.

2. Situation sector by sector .......... 38


69.

2.1. Markets .......... 38


70.

2.2. Harmonization .......... 39


71.

2.3. Notification of national measures implementing agricultural directives .......... 41


FISHERIES

72.

1. Introduction .......... 42


73.

2. Situation sector by sector .......... 42


74.

2.1. Markets .......... 42


75.

2.2. Resources .......... 42


76.

2.3. Compatibility with Community law of national legislation on the granting of flag rights .......... 42


ENVIRONMENT

77.

1. Introduction .......... 43


78.

1.1. General situation .......... 43


79.

1.2. Notification of national implementing measures .......... 43


80.

1.3. Conformity of national implementing measures .......... 43


81.

1.4. Incorrect application of directives .......... 44


82.

1.5. Structural Funds and other sources of Community finance .......... 44


83.

1.6. Freedom of access to information .......... 45


84.

1.7. Environmental impact assessment .......... 45


85.

1.8. Action needed .......... 46


86.

2. Situation sector by sector .......... 47


87.

2.1. Air .......... 47


88.

2.2. Chemicals .......... 47


89.

2.3. Water .......... 48


90.

2.4. Noise .......... 49


91.

2.5. Waste .......... 49


92.

2.6. Nature .......... 49


93.

2.7. Radiation protection .......... 50


94.

2.8. Progress in implementing directives applicable to the environment .......... 51


TRANSPORT

95.

1. Introduction .......... 51


96.

2. Situation sector by sector .......... 52


97.

2.1. Road transport .......... 52


98.

2.2. Combined transport .......... 52


99.

2.3. Inland waterways .......... 52


100.

2.4. Rail transport .......... 52


101.

2.5. Sea transport .......... 53


102.

2.6. Air transport .......... 53


103.

2.7. Progress in implementing directives applicable to transport .......... 53


ENERGY

104.

1. Introduction .......... 53


105.

2. Situation sector by sector .......... 53


106.

2.1. Transparency of prices .......... 53


107.

2.2. Internal market for electricity and natural gas .......... 54


108.

2.3. Energy efficiency .......... 54


109.

2.4. Coal .......... 54


110.

2.5. Progress in implementing directives applicable to energy .......... 54


BUDGETARY MATTERS .......... 54

COMMUNITY STAFF .......... 55

STATISTICAL MATTERS .......... 55

ANNEXES

Annex I: Suspected infringements 1990 to 1994 .......... 56

Annex II: Established infringements 1990 to 1994 .......... 63

Annex III: Infringements of Treaties, regulations and decisions .......... 70

Annex IV: Report on the application of directives .......... 84

Annex V: Judgments of the Court of Justice not yet implemented at 31 December 1994 .......... 160

Annex VI: Application of Community law by the national courts .......... 164


INTRODUCTION

Each year the European Commission draws up a report on the monitoring of the application of Community law in response to requests from Parliament (Resolution of 9 February 1983) and the Member States (point 2 of declaration No 19 annexed to the Treaty signed at Maastricht on 7 February 1992). The report also meets requests from the European Council and the Council for information on specific fields.

This report, the twelfth in the series, covers 1994.

The Commission has done its best to go beyond the inevitably routine aspects of the exercise to bring out new points, ranging from the operation of the checking procedures to the assessment of results.

111.

Checking procedures


The complaints the Commission receives are still the main source on which it depends for material in monitoring the application of Community law. The number of cases of suspected infringements detected following complaints remained stable in 1994, within the same brackets as over the last five years (see Table 1.1 in Annex I). The slight, 10 % increase on the previous year is of very little significance, as there was a dip in the numbers in 1993.

The same table in Annex I shows that there was a fall in the number of suspected infringement cases examined following petitions to or questions in Parliament. That should not, however, be taken as a sign that these sources of information for detecting infringements should be regarded as less important than before. The figures cited are actually a reflection of the real situation, since parliamentary petitions and questions often confirm cases of suspected infringements which have already been identified.

The number of cases detected in the course of routine checks remained roughly the same, with only a slight increase on 1993.

To summarize the results of the Commission's work under Article 169 EC in 1994, it commenced 974 infringement proceedings (compared with 1209 in 1993), issued 546 reasoned opinions (compared with 352 in 1993) and referred 89 cases to the Court of Justice (compared with 44 in 1993).

112.

What lies behind these figures?


Why did the number of proceedings commenced in 1994 drop?

The answer can be found in Table 2.2 (Annex II), which shows that the fall relates almost entirely to the commencement of infringement proceedings for failure to notify national measures implementing directives. And since the Commission did not drop its guard, and the number of new directives which fell due for transposal in 1994 was comparable to the number for 1993, the explanation lies in improvements in the conduct of Member States as regards adopting transposal measures, as the breakdown of progress in transposing directives given below shows.

113.

And why was there a very considerable increase in the number of reasoned opinions?


That, too, has to do with the failure to notify national implementing measures, leading almost to a doubling in the number of reasoned opinions issued. The Commission is quite clearly anxious to wind up a large number of proceedings commenced in the past and never brought to a satisfactory outcome, even though they concern directives the failure to transpose which is very damaging to the Community's interests.

The same reasoning applies, with even greater force, to the substantial rise in the number of cases referred to the Court of Justice. This is certainly a break with the downward trend recorded for at least five years, but it must be seen in context: referring a case to the Court is the Commission's last resort, and the figure still represents less than 20 % of the reasoned opinions.

It should be pointed out here that the Commission is seriously concerned at the persistent delays in giving effect to Court judgments. In July 1994 it informed the Member States that it was planning to make full use of Article 171 of the EC Treaty as amended by the Union Treaty, whereby the Court of Justice has jurisdiction to impose financial penalties on Member States that fail to give effect to its judgments. Since then, all letters of notice and reasoned opinions addressed to Member States that have not taken the measures required to comply with a judgment have stated that penalties may be on them in amounts to be recommended by the Commission when it refers the case to the Court.

Alongside the formal stages in the procedure laid down by the Treaty, the Commission presses ahead with its policy of awareness-raising and regular contact with the authorities of the Member States. For this purpose it organizes bilateral meetings from time to time, known as 'package meetings`, at which a set of infringement cases are discussed. These are particularly devoted to internal market matters; non-contentious solutions are generally found to infringements. Meetings are also organized to consider all cases of failure by a Member State to transpose directives. By generating awareness among the national authorities and easing bilateral information exchanges, they make a valuable contribution to the transposal exercise.

From the Commission's point of view, these meetings and contacts are just as important as the formal procedure.

The responsibility for monitoring compliance with Community law does not lie with the Community institutions alone. The Commission is duty-bound to emphasize the important role played by the courts in the Member States. Annex VI outlines their contribution over the past year.

114.

The results: signs of growing respect for Community law


Directly applicable rules

A number of familiar problems still persist, but the Commission has been able to note continuing improvement in certain essential areas of Community activity in 1994.

For example, there is a clear improvement as regards the free movement of goods, where the trend towards an increase in the number of cases closed and a reduction in the number of reasoned opinions and referrals to the Court of Justice in relation to cases involving non-tariff barriers (Articles 30 et seq.) has continued.

Regarding public procurement, by contrast, the number of complaints about failure to comply with Community law rose sharply, the number of infringement proceedings being double that for the previous year, partly because of an expansion in the volume of Community legislation. One of the problem areas was VAT, where cases of failure to comply with Community law continued to proliferate despite the infringement proceedings that have been pending for years now. This is partly due to the complexities of the Member States' legislative procedures in tax matters.

Fuller details of the various cases can be found in the sector-by-sector breakdown and the summary given in Annex II (summary of infringements of Treaties, regulations and decisions).

115.

Transposal of directives


The table below gives a general picture of the progress achieved in implementing all the directives applicable on 31 December 1994 i. As in 1993, in 1994 the number of directives to be implemented went up by approximately 60.

>TABLE>

As can be seen, on 31 December 1994 the Member States had, on average, notified 91,89 % of the national implementing measures required to give effect to all the directives to be implemented. This was a definite improvement over the situation on 31 December 1993.

This is obviously a satisfactory result, but it conceals a great many disparities as regards both subject matter and the situation in each Member State. The breakdown by sector and the summary given in Annex IV make it possible to analyse these figures in greater detail.

If we look at the three main sectors in which directives are transposed - the frontier-free area, agriculture and the environment - it can be seen, globally speaking, that whereas there was a clear average increase in the rate of transposal in the first two, there was some falling off where the environment was concerned.

In the frontier-free area, the sharpest rise in the transposal rate was in the fields of financial services, direct taxation and company law, and with the intellectual and industrial property directives. The transposal rate is still high in customs and indirect taxation, where almost all the legislation has been transposed. In other areas, however, transposal levels fell, especially consumer protection and product safety (10,2 % down on 1993).

In agriculture, the 5 % increase is certainly due to the fact that, after some basically practical measures had been taken (i.e. the introduction of new checks in the veterinary and plant health sectors), the Member States were able to put more effort into formally transposing the directives in 1994. Also, the legislative work started before 1994 was completed.

The very slight reduction (1,1 %) in the transposal rate as regards the environment shows that the Member States are keeping up their efforts despite the difficulties they face as a result of administrative coordination problems in particular.

Looking beyond its quantitative monitoring of national implementing measures, the Commission must emphasize the importance of their quality as tools for the effective application of Community law. It is stepping up its vigilance in this respect.

116.

The situation regarding the application of Community law has certainly improved considerably, but it is still becoming less and less acceptable. Why?


The fact is that times have changed. In a frontier-free area, the effects of infringements of Community rules or late transposal of directives are felt much more strongly than they were in the past.

Ordinary citizens, what is more, are calling for transparency: they cannot understand why there are aspects of the Community's policies which only work on paper. Our policies will have a practical impact on the Community's citizens only if they are properly implemented. If we want Europe's citizens to go on trusting our institutions, those policies must be applied strictly.

Hence the importance the Commission attaches to its role as the guardian of Community law, as it has stated in its 1995 programme. Hence, too, its determination to do its utmost to ensure that Community law can be implemented more easily, by making it accessible and comprehensible. Witness its endeavours at simplifying, recasting and codifying Community law, as described in its report on the functioning of the Treaty on European Union .

In pursuing its endeavours, the Commission is sure that it can count on the cooperation of Parliament and the Member States, to whom this report is addressed.


117.

Structure of the 12th report


>START OF GRAPHIC>

This report consists of:

- a sector-by-sector breakdown;

- statistical tables concerning suspected infringement cases (Annex I) and infringements detected (Annex II) as at 31 December 1994;

- a summary of cases of infringements of the Treaties, regulations and decisions considered in 1994 (Annex III);

- progress in the implementation by Member States of directives in force on 31 December 1994, with reference to relevant infringement cases (Annex IV);

- a summary of judgments of the Court of Justice which have not been put into effect (Annex V);

- a round-up of the application of Community law by national judiciaries (Annex VI).>END OF GRAPHIC>


118.

AN AREA WITHOUT INTERNAL FRONTIERS


119.

1. INTRODUCTION


In 1994 the internal market entered its second year. The objective set out in Article 7a of the Treaty, the establishment of an area without internal frontiers with free movement of goods, persons, services and capital, has largely been achieved. Nearly all legislation identified in the White Paper of 1985 has been adopted.

However, even with this legal framework in place, continual effort is needed to ensure that the common legal framework is applied, widely understood, enforced and, where necessary, developed in a coherent way to meet new needs. This is why the Commission issued its Strategic Programme 'Making the Most of the Internal Market` at the end of 1993, setting priorities for the years ahead. The Strategic Programme identifies the legislative proposals from the original White Paper that still have to be adopted by the Council, including proposals in company law and direct taxation, as well as new proposals concerning free movement of people, and the need to introduce competition into regulated sectors such as energy, telecommunications and postal services.

The Strategic Programme also addresses the new task of managing the Union market, i.e. making sure that Community legislation is properly and evenly enforced and regularly evaluated so that individuals and companies can reap the full benefits of the internal market. To this end, the Commission prepared a report for the Council meeting on 8 December 1994 that gives an indication of the state of play of national transposition of the White Paper measures and other legislation that is critical for the functioning of the internal market. This report covers 276 measures in force, of which 219 require national implementation measures. Because of developments in the internal market some of the White Paper measures had become obsolete and were abandoned or replaced by others more relevant. The Commission therefore modified the basis of the statistical calculation of the implementation of the White Paper measures. The December 1994 report, on this modified statistical basis, was the starting point of a process intended to ensure the quality of Member States' transposition of Community legislation.

On average, Member States have so far adopted 89 % of the national measures required to implement internal market legislation. The performance of individual Member States ranges from substantially higher than the average figure (France 95,9 %, Denmark 95,9 %) to significantly below it (Germany 82,6 %, Greece 79 %).

A large proportion of infringements are the result of failure to incorporate Community directives into national law within the time limits set. Procedural problems related to the national decision-making process or the technical complexity of the texts are often the reason for the delays. To remedy this situation the Commission carries out systematic examination of the application of the directives which have entered into force. It will continue to assess the national legislation notified to it, as far as its resources allow, and will vigorously pursue infringements both through consultation with Member States concerned and, when necessary, informal infringement proceedings.

The Sutherland report and the Strategic Programme identified administrative cooperation as a key factor in the operation of the single market. The removal of barriers between Member States gives rise to a new situation in which Community law, and the way in which it is applied in other Member States, takes on greater importance for individuals and business in the Union. They need to feel confident that administration of the law is as reliable and effective as it is for their own national regulations. So it is essential that the authorities responsible for enforcing internal market measures maintain a high degree of cooperation and that they keep each other informed. Administrative cooperation is already working well in many areas (such as veterinary and plant health controls, pharmaceuticals, foodstuffs, customs and indirect taxation), but completion of the internal market requires a thorough study of the way it works in all areas.

With this in mind, in 1993 the Commission initiated a programme to promote administrative cooperation. In February 1994 it sent the Council and Parliament a communication setting out a framework for this exercise. The Council, in response, adopted a resolution in June calling on the Commission to continue its programme of discussions with representatives of the Member States to identify needs in different areas and sectors. The resolution also called on the Member States to notify to the Commission contact points for mutual assistance on enforcement matters by the end of 1994. This subject has been regularly discussed in the Advisory Committee for Coordination in the Internal Market Field.

The existing schemes for exchanges of officials between Member States, such as the Karolus programme and the Matthaeus programme for customs officials, are a way of helping national officials become accustomed to the procedures and ways of thinking of other Member States. They form part of the support measures provided by the Commission for administrative cooperation. These programmes will continue to be applied to help create confidence between the administrations of Member States.

120.

2. SITUATION SECTOR BY SECTOR


121.

2.1. Removal of physical barriers


122.

2.1.1. Customs union


No reasoned opinions on customs matters were sent to Member States in 1994. However, proceedings for failure to act were brought against Germany for failure to comply with the minimum prices laid down by the International Dairy Arrangement (GATT) when issuing inward processing authorizations.

In a judgment delivered on 9 February 1994 in Case C-119/92 Commission v Italy [1994] ECR I-393, concerning the representation monopoly and tariffs of Italian customs forwarding agents, the Court found for the Commission on the first point, opining that Italian legislation did not give importers and exporters a genuine choice between direct representation reserved for authorized customs agents and indirect representation which should stay free of restrictions. The Court also held that employees representing their own firm should not be required to have the same qualifications as self-employed persons. On the other hand, the Court did not take the view that the mandatory tariffs imposed by customs agents constituted charges having equivalent effect to customs duties.

In its judgment of 9 August 1994 on a number of references for preliminary rulings (Joined Cases C-363 and C-407 to 411/93 Lancry and Others [1994] ECR I-3957), the Court held that the dock dues levied on imports into French overseas departments constituted a tax equivalent to a customs duty, and were thus in breach of Article 9 of the Treaty, even if they were only imposed on goods from mainland France.

2.1.1.1. >TABLE>

123.

2.1.2. Free movement of agricultural products


Freedom of movement for agricultural products in a single market is one of the principles underpinning the operation of the common agricultural policy and its common market organizations.

The Court of Justice has repeatedly pointed out that Articles 30 and 34 of the EC Treaty are still an integral part of the common market organizations, even though there has no longer been any need to write them into the regulations since 1 January 1970.

In 1994 the Commission again kept a constant watch to make sure that barriers to trade in agricultural products in the Community were removed. It paid particular attention to the elimination of controls at internal frontiers.

124.

2.1.2.1. Import controls


Before the removal of internal borders, import controls were the most numerous and the most varied of all the obstacles to trade.

Considerable progress has been made in many infringement proceedings as a result of the entry into force of legislation harmonizing veterinary and plant health rules for the completion of the internal market. These proceedings may be classified as follows:

(a) Double checks and systematic checks

As regards the transposal of Directive 91/493/EEC (health conditions for fishery products), Italy maintains that it has complied with the Court's judgment in Case C-228/91 [1993] ECR I-2701, which condemned the systematic inspections carried out on consignments of fish imported from other Member States and Norway. However, the Commission wishes to satisfy itself that adequate measures have in fact been taken.

The Commission sent a reasoned opinion to Germany, which imposes requirements not provided for in Community legislation on imports of certain kinds of fresh pigmeat from Denmark and carries out systematic checks in breach of Directives 89/662/EEC and 91/497/EEC.

(b) The requirement for prior import licences or permits

This practice applies in Ireland to bovine and porcine semen to be used for artificial insemination purposes, and in Italy to any vegetable matter susceptible to fire blight.

In its judgment in Case C-235/91 Commission v Ireland [1992] ECR I-5917, the Court of Justice held that by making imports of semen from domestic bovine and porcine animals subject to a licence and various other conditions, Ireland had failed to fulfil its obligations under Article 30 of the EC Treaty, Regulations (EEC) Nos 805/68 and 827/68 (common organization of the market in certain products listed in Annex II to the Treaty), Directive 77/504/EEC (pure-bred breeding bovines) and Decision 88/124/EEC (common organization of the market in beef and veal). The Irish authorities have since notified the Commission of Statutory Instrument No 297 of 20 September 1994, whereby Ireland complies with the Court's decision.

To transpose and implement Directive 77/93/EEC laying down new common rules in the plant health sector, the Italian authorities had adopted a ministerial decree ending the requirement for prior import licences for plants susceptible to fire blight during the period in which there is no import ban.

However, the Commission did not withdraw the case before the Court of Justice as it wanted to obtain a general ruling on the matter. The Court gave judgment on 20 September 1994 (Case C-249/92 [1994] ECR I-4311), holding that by requiring prior authorization for all imports of plants susceptible to fire blight (Erwinia amylovora), Italy had failed to fulfil its obligations under Article 11 of Directive 77/93/EEC and under Article 30 of the EEC Treaty in conjunction with Article 10 i of Regulation (EEC) No 234/68.

125.

2.1.2.2. Import bans


This year again, some import bans were lifted as Member States gradually implemented harmonization directives.

Since November 1993 the Commission has been pursuing the case of Portugal's adoption of a unilateral measure banning the import of live pigs and pigmeat products, contrary to Directive 90/425/EEC. The Portuguese authorities have now responded by cancelling the import ban (see eleventh report - COM(94) 500 final, OJ No C 154, 6. 6. 1994, p. 11).

126.

2.2. Removal of technical barriers


127.

2.2.1. Free movement of goods


128.

2.2.1.1. Articles 30 et seq. of the EC Treaty


Articles 30 et seq. of the EC Treaty prohibit quantitative restrictions on imports and exports, and all other measures having equivalent effect .

The Commission seeks to ensure that the internal market rules are properly applied and therefore has to monitor Member States' compliance with these articles. It strives to remove technical barriers to trade and develop instruments which will prevent new barriers being raised. The removal by Member States of controls on goods at the Union's internal frontiers is a major step towards the completion of the internal market.

The Commission's action in this field relies to a great extent on the case law of the Court of Justice; several of the Court's judgments in 1994 reinforced the principles on which the Commission's action is based.

129.

Commission action


The Commission dealt with some 800 cases in 1994, 216 of which were not proceeded with; in only two cases was a decision taken to refer the matter to the Court of Justice. These figures illustrate the Commission's determination to resolve disputes quickly and amicably. A regular dialogue is maintained with national authorities by means of 'package meetings` held in the Member States. In 1994 such meetings, which are now standard practice, were organized with Germany, Spain, Italy, Greece and Portugal and, for the first time, with the Netherlands: clearly, the benefits of dialogue are well understood by all. There is an instructive side to this practice as well, since it accustoms national authorities to taking into account the fundamental principles of Community law, such as the principle of the free movement of goods, when enacting legislation.

Three examples have been chosen from the foodstuffs, pharmaceuticals and motor vehicle sectors, these being the areas where national practices or rules are most frequently contrary to the Treaty, to illustrate the success of the 'package meetings`:

- Under one Member State's rules, imports of pharmaceuticals were not only made subject to the authorization required for products manufactured in the Member State but were also required to obtain a special import licence. The national authorities were unable to justify this on public health grounds, acknowledged that the law was contrary to the rules of the Treaty and amended it accordingly.

- One Member State had not authorized certain food additives, and so foodstuffs containing them had to go through a lengthy prior authorization procedure before they could be released for sale. Citing decisions by the Court of Justice, the Commission pointed out that this procedure was not lawful unless carried out in reasonable time. The law was amended to conform to the conditions laid down by the Court in respect of this type of procedure.

- Following a package meeting held in a Member State, the national authorities amended some of the provisions of the highway code which were incompatible with Article 30 of the Treaty. The provisions in question required foreign vehicle manufacturers to provide a certificate of origin and laid down compulsory dimensions for caravans; the first requirement created an obstacle to the marketing of cars from other Member States, while the second barred the marketing of caravans with different dimensions that were lawfully manufactured or marketed in other Member States.

In most cases, the Member State amends the legislation challenged and the matter is closed. However, since an official amendment may take some time to bring in, Member States frequently adopt interim measures, such as circulars published in their national official gazettes or public notices in the information bulletins of the relevant enforcement agencies, informing interested parties that the legislation in question is to be interpreted in such a way as to be compatible with the principle of free movement of goods and will be applied accordingly by the authorities. For example, a Member State published a notice in its official gazette announcing that the extra tests which had had to be carried out on hunting ammunition were no longer necessary where they have already been carried out in the country of manufacture in accordance with European safety standards.

Member States also publish notices in their official journals which in effect amplify or clarify national legislation to make it consistent with Community law. For example, one Member State published a notice referring to a ministerial decree on the manufacture, import and distribution of cement, explaining the simplified approval procedure that was to be followed by the trade, in accordance with the principle of mutual recognition.

The cooperation routinely sought by the Commission from all Member States helps it to carry out its task consistently. As part of its approach, the Commission, with the help of Member States, carries out horizontal surveys of national rules in particular industries. Two were carried out in 1994, one dealing with the installation and marketing of parabolic television aerials, the other with the marketing of milk for babies.

The Commission is also anxious to prevent the creation of new obstacles to the free movement of goods; it therefore encourages Member States to insert mutual recognition clauses in their national rules. Using reasoned opinions, the Commission requests national authorities to insert mutual recognition clauses in their draft technical rules under the notification procedure established by Directive 83/189/EEC. These clauses are of three types:

- Clauses concerning the mutual recognition of national standards, rules and technical specifications. In the case of a draft rule laying down production characteristics for cement, for instance, the Commission asked a Member State to adopt a clause recognizing standards offering an equivalent level of protection from the point of view of safety.

- Clauses concerning the mutual recognition of tests carried out and certificates issued by registered laboratories. The Commission requested the insertion of a mutual recognition clause in a draft rule on machines for measuring alcohol levels so that tests already carried out on this equipment in the Member State of origin were recognized.

- Clauses concerning the recognition of laboratories and other bodies. For example, a draft rule restricting the issue of certificates of conformity to bodies authorized by the national quality institute was amended by the Member State to accord with the Commission's view that certificates issued by other independent and professionally competent bodies should also be recognized.

130.

Elimination of frontier controls on goods


Since 1985 the Commission has taken the view that the completion of the internal market required the complete elimination of all internal frontier controls, setting 1 January 1993 as the deadline.

The removal of controls on goods began in 1992, continued in 1993 and has now been completed. The Commission notes that in 1994 all Member States confirmed that all internal frontier controls on goods had been ended.

Member States fall into one of three groups depending on the approach they adopted:

- those which adopted a single legislative instrument eliminating controls (Greece and Italy);

- those which adapted their legislation wherever necessary (Belgium, Denmark, Germany, Ireland, Luxembourg, Netherlands, Portugal and United Kingdom);

- those which made the necessary legislative adjustments to remove controls at frontiers, while maintaining inside the country some controls on sensitive items such as arms, explosives, drugs, dual-purpose goods, works of art (France and Spain).

Article 7a of the EC Treaty does set a precise objective, leaving no margin of discretion, but the fact that Member States have to remove controls at the Community's internal frontiers does not prevent them from carrying out controls elsewhere within the national territory provided these are justified (Article 36 of the Treaty) and non-discriminatory. However, such controls should not be carried out on a systematic basis and should not differ procedurally from the controls normally carried out in the country.

The Commission, as guardian of the Treaty, will remain vigilant to ensure that there is no backpedalling. Business has an important role to play here.

The successful removal of frontier controls, effected in close collaboration with Member States, is a further step towards bringing the people and countries of the Union ever closer together.

131.

Case law of the Court of Justice


During 1994 the Court gave a number of decisions on the free movement of goods, further defining the principles governing the Commission's monitoring activity. The following judgments are especially noteworthy:

- Sales description of a cosmetic product (4)

The Court held that a national measure prohibiting the importation and marketing of a product classified and presented as a cosmetic on the ground that the product was called 'Clinique` was incompatible with Articles 30 and 36 of the Treaty and with Article 6 of Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products.

The products in question were presented as cosmetic, not medicinal, products. The Court took the view that the prohibition was not needed to satisfy the requirements of consumer protection or public health. Moreover, the products were regularly marketed in other Member States under the name 'Clinique` without consumers being misled.

- Certification procedure required for the marketing of radio transmitters/receivers (5)

Following earlier decisions, the Court held that a certification procedure applied without distinction to all radio receivers, with the sole exception of equipment intended exclusively for receiving sound or television broadcasts, was incompatible with Article 30 of the Treaty and could be justified neither under Article 36 nor on grounds of imperative need.

- Prohibition on certain kinds of Sunday trading (6)

The Court took the view that this type of prohibition was not such as to prevent products from other Member States from gaining access to the market or to make access for these products more difficult than for domestic products. Article 30 of the Treaty did not therefore apply.

The Court was here applying the conditions set out in paragraphs 16 and 17 of its Keck and Mithouard judgment ([1993] ECR I-6097).

- Free movement of articles of precious metal - statutory hallmark (7)

In accordance with its judgment in Robertson the Court ruled that a Member State can prohibit the sale of imported articles of precious metal not bearing its own statutory hallmark only if they have not been hallmarked in the exporting Member State in a manner that conveys equivalent information and is intelligible to consumers.

132.

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


The notification procedure of Directive 83/189/EEC, as amended by Directive 88/182/EEC, is an essential tool for preventing barriers to trade from being raised and for sharing information. Member States are required to notify drafts of new technical regulations for vetting. The procedure does not cover technical regulations issued to implement directives.

Of the 389 drafts of technical regulations received for vetting by the Commission in 1994 (up from 385 in 1993), 79 required a detailed opinion recommending changes to the measure to eliminate infringements of secondary Community legislation or to debar the establishment of new barriers to trade. For their part, the Member States issued 69 opinions i. In one case i the Commission had to ask the Member State for a one-year postponement of the measure since harmonization directives were in the pipeline.

On 23 March 1994 the Council and Parliament adopted Directive 94/10/EEC amending for a second time Directive 83/189/EEC. The new Directive, which enters into force on 1 July 1995, clarifies and extends the scope of the principal Directive and gives further details of the Procedural rules to be applied by Member States and the Commission.

In 1994 some 2 200 national laws were examined, of which about 30 % were technical rules that had not been notified under the Directive or which fell outside its scope. After careful study to see whether they should be notified under the Directive, 31 infringement proceedings in the industrial sector and 5 in the agricultural sector were commenced. In 1994, 4 cases were referred to the Court of Justice.

133.

2.2.2. Progress in implementing directives on the free movement of goods


134.

2.2.2.1. Foodstuffs


In 1994 the Commission examined 97 infringement cases, of which 85 concerned failure to notify and 16 concerned failure to comply with directives already transposed.

Many of the cases involving failure to notify were terminated, as transposal measures were notified in 62 of them last year. But 32 Article 169 letters and eight reasoned opinions were sent to Member States for failure to transpose within the appointed time. In many cases the Member States have already notified the Commission of draft national implementing measures.

The 16 cases of non-conformity were examined in detail, and one reasoned opinion, two Article 169 letters and ten pre-litigation letters were sent. Half these cases concerned Directive 79/112/EEC (labelling of foodstuffs), which contains, among other things, an exhaustive list of indications that must be on labels. Certain Member States seek to impose other indications, allegedly to improve the consumer's information, for instance by highlighting specific ingredients or giving health warnings. The Directive requires such additional requirements, which can constitute a barrier to interstate trade, to be brought to the notice of the Commission and the other Member States. The decision can then be taken whether the national measures should be authorized or banned, possibly pending new Community measures in the same matter. But it has been found that Member States do not always abide by the procedure, preferring to take unilateral measures departing from the Directive.

Many infringement cases relating to incorrect transposal (five in 1994) have been settled reasonably quickly at informal meetings between the Commission and the Member States.

2.2.2.2. >TABLE>

135.

2.2.2.3. Pharmaceutical products


In 1994 133 infringement cases were examined, of which 131 concerned failure to notify national implementing measures. Article 169 letters were sent out in these cases, and 48 reasoned opinions were addressed to Member States.

The bulk of the outstanding cases were terminated in the course of the year following notification of Member States' implementing measures. The cases now in motion mainly concern the directives on veterinary and homeopathic medicines. Most Member States concerned have notified the Commission of draft measures or supplied preliminary information on progress in implementation. It would appear from information to hand that the situation will improve substantially in the coming months.

2.2.2.4. >TABLE>

136.

2.2.2.5. Chemicals


In 21 of the 72 infringement cases commenced for failure to notify national implementing measures in the course of the year, national transposal measures were subsequently taken. Reasoned opinions were issued in 13 of the 51 cases still in hand, and 18 Article 169 letters were sent.

The delay in transposal is generally attributed by the Member States either to problems of overlapping jurisdiction between ministries or to the complexity of parliamentary procedures.

2.2.2.6. >TABLE>

137.

2.2.2.7. Motor vehicles, tractors and motorcycles


In general the rate of transposal of directives in this field is very satisfactory, being virtually complete.

Given the detailed, technical nature of the motor vehicle directives, many Member States routinely refer in their national gazettes to the text published in the Official Journal, which in practice facilitates and speeds up the transposal process and Commission scrutiny for conformity with Community law. Delays in transposal are more common in the other Member States where specific national legislation has to be enacted. Even so, they rarely exceed a few months.

In 1994 the Commission examined 22 cases of failure to notify, of which 16 were terminated in the course of the year after notification of national implementing measures. Regarding the quality of transposal measures, four infringement proceedings were pursued for incorrect transposal of directives, two of them in response to complaints received. There were two cases relating to the directives on pollution by emissions from diesel engines, and two on more specific technical points. Here again, then, the overall picture is reasonably bright.

2.2.2.8. >TABLE>

138.

2.2.2.9. Construction products


Eleven Member States have so far transposed Directive 89/106/EEC on construction products. Greece having come into line, Belgium alone has to complete the very slow move from one administrative stage of the transposal process to the next.

139.

2.2.2.10. Mechanical engineering, personal protective equipment, prepackaging, measuring equipment, electronics and medical equipment


A total of 90 directives are involved here, all due for transposal in 1994.

Many of them are new approach directives, which confine themselves to setting fundamental safety standards and introduce machinery for authorizing the marketing and free movement of safe appliances in the Community.

Since the Member States have detailed safety regulations, incorporation of the new approach into their systems is often a complex business.

The Commission's study of the quality of transposal measures prompted a series of own-motion proceedings for suspected infringements, most of which are still at the pre-litigation (pre-169) stage. Its analyses have been very detailed; by and large, cases of incorrect transposal are not intentional but proceed from erroneous interpretations of the directives or from ambiguities in the drafting of the transposal measures, which can impact on certainty as to the law applicable to business transactions. But there are some more substantial cases.

There are only a limited number of infringements and complaints regarding incorrect application, mainly because the directives are only gradually coming into operation (following transitional periods); moreover, the preventive role played by the Commission, through its ongoing contacts with the national authorities, has often made it possible to have controversial elements removed from their measures that would have constituted misapplication of the directives.

2.2.2.11. >TABLE>

140.

2.2.3. Services


141.

2.2.3.1. Audiovisual media


Directive 89/552/EEC (television without frontiers) aims to secure the free movement of television programmes and to encourage the production and distribution of European works so as to create a common broadcasting area. Although it has been fully transposed by all the Member States (the deadline was October 1991), there are still a number of problems relating in particular to the criteria for conferring supervisory jurisdiction on the Member State of origin and for timing schedules and advertising. The Commission accordingly decided to continue with infringement proceedings commenced in earlier years. It sent reasoned opinions to Greece, Ireland, the Netherlands and Portugal for incorrect transposal of the directive.

The Commission commenced proceedings in the Court of Justice against the United Kingdom (Case C-222/94) for failure to respect the criteria determining the jurisdiction of a Member State over a broadcasting company and for establishing a dual system for supervising broadcasters depending on the target audience. It has also commenced proceedings against Belgium (Case C-11/95) for requiring programmes from other Member States to be presented for authorization prior to cable transmission and against Italy for allowing additional advertising breaks in films. The proceeding against Italy is suspended following changes to the rules there.

The Commission addressed a reasoned opinion to the United Kingdom for licensing broadcasting companies on terms not compatible with the provisions for promoting European works.

142.

2.2.3.2. Intellectual and industrial property


Regulation (EC) No 40/94 on the Community trade mark, which entered into force on 15 March, creates a new form of industrial property right in the Community. The trade mark will be valid for ten years and renewable; it will be issued by the Office for Harmonization in the Internal Market (Marks, Designs and Models) set up by the Regulation and headquartered in Alicante, Spain. Council Decisions of 16 and 27 June appointed the Office's President and Vice-Presidents. Work on measures implementing the Regulation will be pursued in 1995 so that the Office can become fully operational. The first applications for Community trade marks can be expected from 1 January 1996.

The effect of the Community system will be that protection valid throughout the Community can be acquired in a single procedure. It will be backed up by a quasi-judicial body, the Office's Appeals Board, from which a further appeal will lie to the Court of Justice. Measures to combat counterfeiting will be boosted by the fact that the Member States are to designate a limited number of courts of first and second instance with exclusive jurisdiction to hear cases of infringement of Community trade marks.

Parliament is examining, concurrently with the proposal for a Regulation on Community designs and models (COM i 342 final), the proposal for a Directive on the legal protection of designs and models at national level (COM i 344 final). The proposal is based on the consideration that national designs and models will coexist with their Community counterparts, as is the case of trade marks. The main points of divergent national legislations must accordingly be harmonized so as to secure a genuine single market and ensure that national legislation is compatible with the future Community system of protection. Designs and models are of growing importance for a wide range of goods. High-quality industrial aesthetics are a valuable advantage for Community firms competing with firms in low-cost non-member countries.

Only half the Member States (Denmark, France, Greece, Italy, Spain and the United Kingdom) have notified the Commission of measures transposing Directive 89/104/EEC on trade marks.

143.

Copyright and neighbouring rights


Directive 91/250/EEC (legal protection of computer programmes) was to be transposed before 1 January 1993.

Only Denmark, Italy and the United Kingdom met the deadline. In 1993 four other Member States followed, and Belgium, France, the Netherlands and Portugal acted in 1994. Luxembourg is now the only Member State still in default. The Commission has decided to refer the case to the Court.

Directive 92/100/EEC (lending right and certain rights akin to copyright) requires the Member States to give effect to its provisions by 1 July 1994. Belgium has adopted implementing measures, and the French authorities have informed the Commission that their national legislation and its implementing instruments are in accordance with Community law. The Commission will act appropriately where Member States do not discharge their obligations under the directive.

The Commission pursued its infringement proceedings against Greece for incorrect transposal of Directive 87/54/EEC (legal protection of topographies of semiconductors).

2.2.3.3. >TABLE>

144.

2.2.3.4. Telecommunications


All the Member States have notified measures implementing the three directives on frequencies - Directives 87/372/EEC (GSM), 90/544/EEC (Ermes) et 91/287/EEC (DECT) - except that for Directive 90/544/EEC Ireland has notified the Commission only of a final draft instrument. The Commission has approved that draft. The outcome of the Commission's analysis of the measures laid before it is that most of them can be considered to be in conformity with Community law.

Directive 90/387/EEC, the general directive on the principles of open network provision, has been transposed by all the Member States.

The Commission continued examining national measures implementing the first specific ONP directive, Directive 92/44/EEC, on the application of open network provision to leased lines. This is one of the key instruments for the information society, on which Mr Bangemann reported. Ten Member States (Belgium, Denmark, France, Germany, Ireland, Italy, the Netherlands, Portugal, Spain and the United Kingdom) have notified the Commission of their transposal measures. The French notification is the only one fully in conformity with Community law. The others are currently under scrutiny. The Commission is referring to the Court of Justice those Member States that have not transposed the directive.

Decision 91/396/EEC requires the Member States to introduce 112 as the standard emergency services number throughout the Community, but that means changing a number of technical facilities - a costly and complicated process - and implementation is proving difficult. So far five Member States (Belgium, Denmark, Germany, Luxembourg and the United Kingdom) have done the necessary, but four others (France, Ireland, Italy and the Netherlands) have asked the Commission for an exception as provided for by Article 3 of the Decision. Greece, Portugal and Spain have yet to notify the Commission of their measures.

Decision 92/264/EEC provides that the standard code for access to the international network in the Community is to be 00; seven Member States (Belgium, Germany, Greece, Ireland, Italy, Luxembourg and Portugal) have transposed it. The Commission, acting in accordance with Article 3 , gave three other Member States (France, Denmark and the United Kingdom) the extra time they had requested on grounds of technical and financial difficulties.

Eight Member States have notified the Commission of national measures implementing the basic directive on telecommunications terminal equipment, Directive 91/263/EEC. Scrutiny revealed that five of them had actually implemented the entire Directive (Denmark, France, Italy, Portugal and the United Kingdom). The notifications from Germany, the Netherlands and Spain were incomplete. The proceedings commenced in 1993 against the four States that have not notified (Belgium, Greece, Ireland and Luxembourg) have now been referred to the Court of Justice.

Council Directive 93/68/EEC amends the new approach directives, among them Directive 91/263/EEC, to standardize the symbols and rules for marking products in the Community. By 1 January 1995, when it was to be transposed in all Member States, implementing measures had been notified by France, Italy, the Netherlands and Portugal.

The scope of Directive 91/263/EEC was extended by Directive 93/97/EEC (equipment of ground satellite tracking stations). The Member States are due to transpose this by 1 May 1995; their notifications are awaited.

2.2.3.5. >TABLE>

145.

2.2.3.6. Free movement of financial services


In 1994 the Commission received six complaints about infringements of provisions of the Treaty or directives, about the same number as in previous years. Three concerned negotiable securities, two concerned banking laws and one concerned insurance.

The Commission also opened non-contentious talks with most of the Member States regarding a number of imperfections detected when national legislation was scrutinized for conformity with the Community directives. There are currently about fifteen such informal proceedings.

The dialogue concerning the application of directives is also pursued in technical interpretation groups. The banking directives group (GTIAD) met four times, and the insurance group three times. There is no formally constituted group for negotiable securities.

Three proceedings relating to financial services are currently pending in the Court of Justice:

- Article 169 proceedings in Case C-101/94 against Italy in respect of Act No 1/91 (the SIM Act) on financial intermediaries (see 10th and 11th Reports). The written procedure is virtually completed, but there is little prospect of a judgment before the end of next year.

- The preliminary ruling requested under Article 177 in an action between a Dutch firm and the Netherlands (Case C-389/93). The firm is attacking the ban on cold calling as a means of building up a clientele for commodity derivative brokerage services. The interest of this case lies in the fact that it concerns a line of business that is not widely practised and the restriction in question does not discriminate against exports of a service from the service provider's country of origin. Judgment is expected to be given in the second half of 1995.

- There is a second request for a preliminary ruling in an action between private individuals and Luxembourg (Case C-484/93). It concerns the compatibility with Community law of the Luxembourg legislation whereby interest subsidies on building loans are available only if the loan is given by a credit establishment accredited in Luxembourg.

2.2.3.7. >TABLE>

146.

2.2.3.8. Direct taxation


The Commission terminated the infringement proceedings regarding the absence of tax relief for insurance premiums paid to foreign insurers; Germany has extended the relief provisions to insurers accredited in the EC and the EEA, and in Ireland the discrimination disappeared when all tax relief provisions were withdrawn.

The Commission received numerous complaints against the new Italian legislation providing for local taxes on real estate. As the tax is not discriminatory and does not conflict with Community law in other respects, notably the rules securing the fundamental freedoms of the internal market, no action was called for on these complaints.

In October 1994 the last instrument of ratification of the Convention of 23 July 1990 (elimination of double taxation in connection with the adjustment of profits of associated enterprises - OJ No L 225, 20. 8. 1990, p. 10) was deposited, so the Convention is now in force for the twelve 'old` Member States with effect from 1 January 1995. Its extension to the new Member States will require an additional convention, to be signed early in 1995 but entering into force only after ratification by all the Member States.

2.2.3.9. >TABLE>

147.

2.2.3.10. Company law


The Commission decided to commence an action against Germany in the Court of Justice for incorrect application of Directive 68/151/EEC (first company law directive). About 90 % of German private limited companies are refusing to publish their accounts by depositing them with the companies register as required by the directive and the German legislation transposing it. One of the reasons seems to be that there are inadequate penalties to enforce the law. The Commission actually decided to refer the matter to the Court in 1993, but delayed action following contacts with the German authorities to give them time to remedy the situation. But as the German Government seems unable to do so, the action will now go ahead.

2.2.3.11. >TABLE>

148.

2.2.4. Free movement of capital


Directive 88/361/EEC was transposed by all Member States within the deadlines set in the directive and in the derogations authorized by it.

The Treaty on European Union introduced a new regime for capital movements and payments. With effect from 1 January 1994, Articles 73b to 73g in Chapter 4 (Capital and payments) of the EC Treaty replaced Articles 67 to 73 of the EEC Treaty. Freedom of capital and payments is now a right of direct applicability; secondary legislation is no longer necessary. Also, under the new regime the obligation for liberalization was extended, with limited exceptions, to non-member countries.

Concerning Member States with a derogation, Greece lifted, with effect from 16 May 1994, all remaining restrictions on the movement of capital which it was authorized to maintain until 30 June 1994 by Council Directive 92/122/EEC of 21 December 1992. By the elimination of the residual restrictions in Greece, a regime of free movement of capital is in place throughout the Union.

Indirect restrictions and other barriers to capital movements remain, however, in some areas. Such impediments can take the form of constraints on investment abroad by institutional investors not justified by prudential considerations, tax discrimination not compatible with Community law, rules concerning the issue of securities, the transfer of means of payments and other restrictions. The Commission has taken action in order to obtain the elimination of such impediments.

149.

2.2.5. Public procurement


Commission action

The Commission focused on monitoring the transposal of directives, taking pains to pursue Member States which had failed to meet the general notification requirements and scrutinizing the national measures adopted to implement directives which came into force during the year (consolidated Directives 93/36/EEC (supplies) and 93/38/EEC (special sectors)) and older directives.

Most Member States failed to meet the deadlines of 14 June and 1 July 1994 for the transposal of Directives 93/36/EEC and 93/38/EEC (in the latter case Greece, Portugal and Spain were allowed longer periods, as for Directive 90/531/EEC). There are also serious delays in the implementation of some older directives, in particular 92/50/EEC (services) and 92/13/EEC (procurement procedures in excluded sectors).

Where national measures have been notified, numerous problems have been detected, sometimes involving questions of principle which could undermine the liberalization of public contracts awarded in the Member States concerned.

The situation regarding Directive 92/50/EEC is nothing short of alarming: most Member States have failed to notify national implementing measures, and some of them have adopted measures which are extremely dubious. The Commission has therefore commenced infringement proceedings against several Member States for failure to comply.

The Commission has, of course, pursued its scrutiny of measures relating to earlier directives (Directives 71/305/EEC (works), as amended, and 88/295/EEC (supplies), also as amended) and commenced an action against Germany in the Court of Justice for incorrect transposal.

Commission action regarding practical application by the various awarding authorities in each Member State focused this year on contracts for pharmaceutical products.

The Commission also continued its work of processing complaints and cases detected by its own investigations relating to suspected infringements of directives and Treaty articles on public procurement. These have doubled in number since last year, no doubt because the application of the directives is gradually being extended and the most recent texts have just entered into force.

The Commission was able to settle a number of cases without having to let infringement proceedings run their full course. Procedures have been established for dialogue and consultation (in particular through 'package meetings`), whereby Member States are offered any legal and technical assistance they require and agreement can be sought on possible solutions to outstanding disputes which conform to Community law.

A few of these cases deserve special mention:

- A number of irregularities were detected in the award of a contract for major irrigation work in a Member State: the scope of the contract had been considerably reduced, there was a mandatory 'buy national` clause and a compensatory benefit clause, and the authorities had allowed a tender which did not meet the specifications to be improved. After the Commission intervened, the national authorities eventually stopped the procedure and cancelled the award.

- In another case, concerning the construction of a bridge, the authorities in a certain Member State asked for security to be lodged in the form of either money, bonds issued by the Member State or securities quoted on the stock exchange of the country's capital or bank guarantees issued by institutions based in that state. The national authorities removed this clause from the contract before infringement proceedings were commenced.

- In a tendering procedure for the supply of computer products, the state body concerned had eliminated the two best-placed bids, on the basis of criteria that were not laid down in the specifications or in the contract notice, even before bids were compared. The Commission also detected breaches of Articles 30 and 59 of the Treaty. The national authorities eventually cancelled the contract and launched a new tendering procedure.

- One Member State applied to part of its territory a system of regional preferences, whereby 30 % of public supply and service contracts awarded by government authorities were reserved for local firms. In Du Pont de Nemours Italiana [1990] ECR I-889, the Court of Justice had found that arrangements of this kind were incompatible with Article 30. After the Commission intervened, the national authorities began to revise their legislation by repealing the disputed clauses, thereby ending the infringement of Community law.

- The legislation of one Member State contained provisions aimed at simplifying the award of certain public contracts for the supply of vehicles by exempting home-manufactured vehicles from checks by certain national bodies. Since this practice was contrary to Article 30, the Commission asked the national authorities to amend their legislation, which they did, in particular by extending the application of the so-called 'shortened` procedure to all public contracts for the supply of vehicles, below a certain threshold, concluded with a Community firm.

- In one Member State a local authority had published a contract notice for the supply of concrete sleepers which referred exclusively to standards used within the national railway company and specified that the only acceptable technical experience was that acquired in the supply of similar products, as certified by the national railway company. After discussions between the Commission and the national authorities, the awarding authority suspended the procedure and agreed to launch a fresh one, taking into account the Commission's comments.

Four important cases decided by the Court of Justice are outlined below; others are still pending and judgment should be given soon.

Case C-328/92 Commission v Spain (pharmaceutical products) [1994] ECR I-1569

The Court found that the basic social security legislation allowing the administrative authorities to award public contracts for the supply of pharmaceutical products to social security institutions by way of a single-tender procedure and the award of nearly all those supply contracts without publication of a contract notice constituted a breach of Directive 77/62/EEC. The Court referred back to its judgment in Case C-71/92 Commission v Spain, [1993] ECR I-5923, in which it had held that the only permissible exceptions to the application of Directive 77/62/EEC were those expressly and exhaustively mentioned there and that derogations from rules intended to ensure the effectiveness of rights conferred by the Treaty in the field of public supply contracts must be interpreted strictly. Furthermore, the burden of proving the existence of exceptional circumstances justifying a derogation lay on the person seeking to rely on those circumstances. Finally, the Court had consistently held that, in order to rely on the derogation provided by that provision, all the conditions it lays down must be satisfied cumulatively.

Order of the President of the Court in Case C-87/94 Commission v Belgium (buses in Wallonia) [1994] ECR I-1395

The President of the Court dismissed an application for the suspension of a contract for the supply of buses. However, he did not call into question the substance of the Commission's objections and acknowledged that, in its capacity as guardian of the Treaties, the Commission may bring proceedings for the adoption of interim measures in order to stop the serious and irreparable damage to Community legislation on public procurement which may be caused by the implementation of a disputed contract. In the case in point the President found that the balance of interests tilted in favour of the Belgian authorities' argument regarding the dilapidated state of the bus fleet. The President felt that he must not exacerbate the dangers to the safety of the bus company's staff and passengers and other road-users by delaying the replacement of the present vehicles.

The Court did not challenge the principle of preventive surveillance or suspensive action such as that proposed in this particular case. On the contrary, the decision implies that the Commission must not accept a fait accompli and should retain the possibility of invoking Article 186 of the Treaty and asking the Court to suspend performance of contracts awarded in breach of the Community rules on public procurement, even where they have already been concluded or are being performed. The Court's decision could be an effective warning to contracting authorities which infringe Community rules on public procurement in the belief that the Article 169 procedure generally has no practical effect when an infringement has already been committed.

Moreover, firms excluded from public contracts as a result of violations of these rules will see that the Community is able to protect their fundamental right to equal treatment.

Case C-389/92 Ballast Nedam Groep v Belgium (reference for a preliminary ruling) [1994] ECR I-1289

In this case the Member State concerned had refused to include on the list of recognized contractors firms which do not have the relevant equipment and staff themselves, but are linked to firms which do have these resources.

The Court confirmed the view held by the Commission and expressed in the opinion of the Advocate-General that, under the works Directive, a holding company may be allowed to take part in a public tendering procedure without necessarily being a contractor or supplier of the goods in question. A holding company which does not itself carry out works may not be precluded from taking part in public works contracts on the ground that its subsidiaries which do carry out works are separate legal persons. But, if a tenderer does not himself have the resources to perform the contract, the awarding authority has the power to check that the tenderer does actually have access to the resources of these other companies, through his special links to them.

Case C-272/91 Commission v Italy (Lottomatica) [1994] ECR I-1409

The Court gave judgment on a public tendering procedure for the computerization of the lottery organized by the Italian Finance Ministry. The nine-year contract was for the supply, installation, maintenance and operation of a computerized system for the lottery. No contract notice was published in the Official Journal, and the tendering procedure was reserved for firms and groupings in which the majority of capital was publicly owned. The contract was awarded to the Lottomatica consortium.

By Orders made on 31 January and 12 June 1992, the President of the Court had enjoined Italy to suspend the legal effects of the awarding decree and performance of the contract with Lottomatica. Italy did not comply with these Orders until 27 May 1993. The Court then gave judgment in the Commission's favour, on the basis of Articles 52 and 59 EC and the Directive on public supply contracts.

The Court held that the design and management of a computerized system were technical services covered by Articles 52 and 59 and rejected the arguments of the Italian Government that they were activities connected with the exercise of official authority under Article 55 of the Treaty.

The Commission also pursued its work of reviewing projects and programmes financed by the Structural Funds and other Community financial instruments.

Finally, it supported a number of training and information measures, including a seminar on 14 and 15 January 1994 on the liberalization of public contracts in the single market, to which it invited experienced practitioners, lawyers, public procurement officials, businessmen and representatives of trade organizations.

The difficulty experienced by small and medium-sized firms in winning public contracts was a major concern at this seminar. It was pointed out that if small firms are to benefit from the liberalization of public procurement, those which do bid for contracts must have local partners, comprehensive assistance, quick access to accurate and reliable information and proper staff training.

The Commission also arranged a joint European Union/SIGMA programme seminar for the countries of Central and Eastern Europe on public procurement as a factor in European integration.

2.2.5.1. >TABLE>

150.

2.3. Removal of tax barriers


Value-added tax

The Commission sent nine reasoned opinions in 1994:

- to Portugal, for maintaining an increased rate of VAT contrary to the Directive on rates, for refusing to grant exemption for services proposed by travel agents and performed entirely or partly in nonmember countries, and for requiring foreign taxpayers applying for VAT refunds to use a particular model tax return which differed from that prescribed in the eighth Directive;

- to Spain, for limiting the application of exemptions for sports organizations according to the amount of membership fees they receive and for failing to apply the six-month time limit for refunds laid down in the eighth Directive.

- to France, for unduly granting exemptions from VAT for the letting of furnished premises for residential use in the case of light, permanently installed housing for leisure purposes, which consisted of movable rather than immovable property, for limiting to FF 200 the exemption applicable to specimens and, finally, for refusing to grant a VAT deduction for means of transport (driving-school vehicles, helicopters) used by taxpayers in their occupational activities;

- to Italy, for refusing to exempt the resale of all goods assigned to an exempted activity.

Three proceedings were terminated after the Member States concerned adopted measures to comply with the sixth VAT Directive:

- France adapted its system for determining flat-rate compensation to farmers, abolishing the increased rate applied to products marketed by cooperatives;

- Spain complied with the Court's judgment in Case C-73/92 [1993] ECR I-5997 concerning VAT on advertising services, so that so-called 'promotional operations` are no longer excluded;

- Denmark abolished the employer's contribution known as the 'Ambi`, even before the Court gave judgment in Cases C-200/90 and C-234/91 to the effect that it was incompatible with Article 33 of the sixth VAT Directive, which bans turnover taxes other than VAT;

- the Commission referred to the Court of Justice a case against Greece for exempting certain transport operations that are taxable according to the sixth Directive and charging VAT on services supplied outside the EC by package tour operators.

Also worthy of mention is the Court's preliminary ruling in Case C-16/93 Tolsma [1994] ECR I-743 in which it interpreted the sixth VAT Directive as prohibiting a Member State (Netherlands in the case in point) from levying VAT on persons who play music on the public highway and ask for money from passers-by in return. This activity does not come under the scope of VAT in that it does not constitute the provision of services against quantifiable remuneration.

151.

Excise duties - Articles 95 and 96 EC - tax-free allowances


No proceedings were commenced in the field of excise duties or regarding national taxes in breach of Articles 95 and 96 of the Treaty.

However, proceedings were terminated in three cases where national measures implementing the Directives on tax-free allowances had been brought into line.

The actions in question were against:

- Spain, for the Directive on the temporary import of means of transport, which was partially repealed on 1 January 1993 but is applied in Spain in practice;

- Greece, for the Directive on the permanent import of personal property and the Directive on the temporary import of means of transport, following the judgment given by the Court in Case C-9/92 [1993] ECR I-4467.

2.3.1. >TABLE>

152.

2.4. Free movement of persons and right of establishment


153.

2.4.1. Ending discrimination


Following an action brought by the Commission, the Court gave judgment on 15 March 1994 on the equal treatment of all Community citizens in admission charges to Spanish national museums (Case C-45/93 [1994] ECR I-911). The Court found that, by maintaining a discriminatory system of admission charges, Spain had failed to fulfil its obligations under Articles 7 and 59 of the EC Treaty.

The Spanish Government responded by amending the legislation applicable to certain museums which come under the Ministry of Culture. However, fresh complaints suggest that the new provisions do not guarantee that the non-discrimination rule is applied to other publicly owned Spanish museums.

A number of infringement proceedings are under way against various Member States concerning the application of Regulation (EEC) No 1612/68 on the free movement of workers.

Of the five actions in progress at the end of 1992 concerning equal access to employment on board ship (against Belgium, France, Greece, Italy and Spain), those against Greece, Italy and Spain have been terminated following changes to national legislation. In the case against Belgium, the Court of Justice gave judgment for the Commission.

The Commission has brought an action before the Court of Justice against Greece concerning the conditions imposed on nationals of other Member States wishing to teach a foreign language, with a view to ensuring equal access to this profession for all Community citizens.

Finally, infringement proceedings are still in motion against Belgian legislation which discriminates against young job-seekers who have studied in another Member State, denying them the integration benefits which are a prior condition for access to certain jobs in Belgium.

In another case concerning Belgian legislation, the Court of Justice gave judgment against Belgium on 4 May 1994 for withholding finance for university studies from students from other Member States who are in Belgium solely for the purpose of studying there, unless they pay the supplementary admission fees (Case C-47/93 [1994] ECR I-1593).

The Commission has sent Belgium a reasoned opinion in another case concerning study grants for a government-sponsored exchange scheme between Belgium, Luxembourg and the United States.

Turning to taxation, the Commission brought an action before the Court of Justice against Luxembourg concerning the final payment of income tax by non-resident workers. The Commission considers that Luxembourg legislation discriminates indirectly against nationals of other Member States contrary to the rule of equal treatment in remuneration, as interpreted by the Court of Justice in its judgment in Case C-175/88 [1990] ECR I-1779. The infringement proceeding against Germany concerning tax discrimination against Community workers whose families do not live on German territory (failure to apply the 'splitting` procedure) is at the reasoned opinion stage.

154.

2.4.2. Entry and residence


The Commission has shelved the complaints it received in 1993 about checks on individuals at internal borders after 31 December 1992 (see 11th Report), since the objective laid down in Article 7a can be attained only if the necessary support measures are introduced. The Commission has already put forward several proposals in this field - a proposal for a Council Decision establishing a Convention on checks on persons crossing the external borders of the Member States, a proposal for a Council Regulation determining the non-member countries whose nationals must have a visa when crossing the external borders of the Member States (OJ No C 11, 15. 1. 1994) and a proposal for a Council Regulation laying down a uniform format for visas (OJ No C 238, 26. 8. 1994). These proposals are still being discussed in the Council.

The Commission has decided to commence infringement proceedings under Article 169 against nine Member States for incorrect transposal of one or more of the directives on right of residence - 90/365/EEC (employees and self-employed persons who have ceased their occupational activity), 93/36/EEC (students) and 90/364/EEC (persons not in active employment).

2.4.2.1. >TABLE>

155.

2.4.3. Trade union rights


On 4 July 1991 the Court of Justice ruled in Case C-213/90 [1991] ECR I-3507 that Luxembourg legislation withholding voting rights in trade associations from Community workers was contrary to Regulation (EEC) No 1612/68. Luxembourg has changed its legislation accordingly.

The Commission had brought another action against Luxembourg concerning the right of Community workers to stand for election, the point not being covered by the 1991 judgment. On 18 May 1994 the Court confirmed that Luxembourg must recognize this right (Case C-118/92 [1994] ECR I-1891).

156.

2.4.4. Access to employment in the public service


For a number of years the Commission has been conducting a systematic campaign to open up four priority areas of the public service to workers from other Union countries (state education, civilian research, operational public health services and public bodies responsible for administering commercial services) i.

To this end it commenced Article 169 proceedings against all Member States which infringed Community law in these areas.

Between 1991 and 1993 some Member States amended their legislation or regulations after receiving reasoned opinions, so that nationality is no longer a condition for many public-sector jobs in those countries. A number of cases have been closed as a result - two against Belgium, five against Denmark, eight against France, seven against Portugal, one against Spain and one against the United Kingdom.

Some Member States continued to make the necessary reforms in 1994. Six infringement proceedings against Germany were terminated in June following the adoption (in December 1993) of the Tenth Public Service (Amendment) Act, which abolished the nationality requirement for employment as an official (Beamter).

There have also been positive developments on the legislative front in Italy, where three laws have been adopted, and in Spain, which passed a law in December 1993 opening up the four priority areas to nationals from other Member States. However, the Spanish law provides for implementing measures to be adopted by the Government and the Autonomous Communities before it is effectively implemented.

One infringement proceeding is under way concerning the employment of foreign-language assistants in Italian universities, after the Court held in Case C-33/88 [1989] ECR 1591 and in Cases C-259/91, C-331/91 and C-332/91 [1993] ECR I-4309 that the relevant Italian legislation discriminated against these workers.

In Belgium, two Royal Decrees were adopted in September 1994 amending the rules governing state employees and the rules governing scientific staff at state science establishments.

Finally, the Commission has brought six cases before the Court of Justice against Luxembourg, one against Belgium (distribution of water, gas and electricity), and eight against Greece.

In other areas of public service, the Commission follows a case-by-case approach. However, its systematic efforts in the priority sectors have rubbed off here too - France and Germany, for example, have adopted laws (in July 1991 and December 1993 respectively) whose scope is not confined to the priority areas but, in theory, covers public service as a whole.

157.

2.4.5. Social security of migrant workers


No reasoned opinion has yet been sent for failure to apply Regulation (EEC) No 1408/71. However, the Commission is considering several complaints received in 1994.

158.

2.4.6. Recognition of qualifications


In 1994 the Commission received around forty complaints about restrictions contrary to Articles 52 and 59 of the Treaty and to the directives on the mutual recognition of vocational qualifications. In some cases infringement proceedings were commenced; others were rejected.

159.

Cases decided by the Court of Justice


The Court of Justice gave a number of judgments on freedom of establishment and freedom to provide services, in the form of preliminary rulings interpreting Articles 52 and 59 of the Treaty and the directives enacted under Articles 49, 57 and 66. Noteworthy among them were the following cases:

- The judgment in Case C-154/93 Tawil-Albertini [1994] ECR I-451, concerning the recognition of diplomas, certificates and other qualifications which do not testify to dental training acquired in one of the Community Member States. The Court held that Article 7 of Directive 78/686/EEC on the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of dental practitioners, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, does not require Member States to recognize diplomas, certificates and other qualifications obtained in a non-member country and already recognized in another Member State.

- The judgment in Case C-319/92 Haim [1994] ECR I-425, concerning the interpretation of Article 20 of Directive 78/686/EEC and Article 52 of the Treaty. The Court ruled that it is not permissible under Article 52 of the Treaty for the competent authorities of a Member State to refuse appointment as a dentist of a social security scheme to a national of another Member State who has none of the qualifications mentioned in Article 3 of Directive 78/686/EEC but has been authorized to practise, and has been practising, his profession both in the first and in another Member State, on the ground that he has not completed the preparatory training period required by the legislation of the first state, without examining whether and, if so, to what extent the experience already established by the person concerned corresponds to that required by the legislation.

Following judgments in actions brought by the Commission against Italy (Case C-180/89), Greece (Case C-198/89) and France (Case C-154/89), the Court gave judgment against Spain on 22 March 1994 (Case C-375/92 [1994] ECR I-923) for its legislation requiring tourist guides to hold vocational qualifications acquired and recognized in Spain, even where they accompany closed groups of tourists for an entire journey from another Member State. Spain has not yet complied with this judgment.

The Court also gave judgment against Spain for breach of Directives 75/362/EEC and 75/363/EEC in failing to provide remuneration for doctors undergoing specialist training.

The following are noteworthy among the Article 171 cases for failure to comply with earlier Court of Justice judgments:

- The judgments given against France, Greece and Italy in the tourist guide cases on 26 February 1991, with which France and Italy have still to comply. Greece has notified measures to comply, but a few minor problems have to still to be resolved.

- The judgment given on 16 June 1992 in the double-surgery case (C-351/90 Commission v Luxembourg) is particularly interesting in that it follows on from two earlier cases, Klopp (Case C-107/83) and Commission v France (Case C-96/85). The Court of Justice held that Luxembourg was in breach of its obligations under Articles 48 and 52 by imposing a single-surgery rule for doctors, dentists and veterinary surgeons, without providing that practitioners established or employed in another Member State could establish a surgery or take up employment in Luxembourg while preserving their surgeries or employment in the other Member State. The rule was incompatible with the Treaty since it imposed restrictions that were liable to discriminate against practitioners established in other Member States or barriers to entry that were not warranted by considerations of general obligations required for the sound exercise of the relevant professions. Luxembourg has still not brought its legislation into line with Community law.

- Proceedings were continued against Belgium for failure to comply with the judgment of 16 May 1991 concerning incorrect transposal of the same directive.

- In the case concerning language schools in Greece (frontistiria), the Greek authorities have now amended their legislation after two judgments given against them by the Court (Cases C-147/86 and C-328/90). The Court condemned Greece for a breach of Articles 48, 52 and 59 of the Treaty in the form of a ban on nationals of other Member States setting up frontistiria and private music and dance schools. The Commission is now examining the new legislation to check that Greece has indeed complied with the Court's judgments.

160.

National implementing measures


On 26 July the Commission adopted Directive 94/38/EC, amending Annexes C and D to Directive 92/51/EEC (second general system for the recognition of professional education and training and supplementing Directive 89/48/EEC). Although the deadline for transposal was 1 October, no national implementing measures have been notified.

As regards the other directives, some Member States have responded to infringement proceedings by taking the requisite measures.

The Netherlands finally transposed Directive 89/48/EEC on a general system for the recognition of higher-education diplomas awarded on completion of at least three years' vocational training, after the Commission had referred the case to the Court of Justice.

After commencing an action in the Court against Greece for failure to notify measures implementing Directive 89/48/EEC (Case C-365/93), the Commission brought a similar action against Belgium (Case C-316/94). In 1994 Belgium adopted a framework law to implement the Directive, which the Commission considers inadequate.

Only Italy, Luxembourg and the Netherlands have fully transposed Directive 92/51/EEC. The Commission has commenced - or is about to commence - Article 169 proceedings against those countries which have failed to transpose it or have not notified national implementing measures.

161.

Incorrect transposal and incorrect application of directives


The Commission has pursued proceedings against certain Member States for incorrect transposal or incorrect application. Cases worth singling out are the transposal of Directive 89/48/EEC as regards teachers in France and Germany and the incomplete transposal by Spain of Directives 68/366/EEC (transitional measures - ISIC Major Groups 20 and 21) and 82/489/EEC (hairdressers).

On 29 June the Commission brought an action against Italy for incomplete transposal of Directive 85/432/EEC (pharmacists) (Case C-307/94).

Proceedings are also in motion concerning access to the dental profession in Germany (requirements not allowed by the dentist directives for admission to the social security register of dentists who hold non-German qualifications which conform to the directives), while Spain is now in the process of bringing its legislation into line in response to proceedings for admitting dentists with qualifications obtained in Latin America at a level far below the directive's requirements.

The Commission has pursued another proceeding against Spanish legislation implementing the architects directive. Draft measures to amend the offending legislation have now been notified, which will remove the provision confining the activities of architects holding qualifications recognized in Spain to their country of origin. However, restrictions still apply to the period during which services may be provided in Spain.

In some other cases Member States have done what was necessary to bring their legislation into line with Community law. Germany, for instance, has responded to infringement proceedings by taking the necessary steps to comply with Directives 85/432/EEC and 85/433/EEC (pharmacy) and Article 52 of the Treaty as regards the possibility of opening a double surgery.

2.4.6.1. >TABLE>

162.

2.4.7. Independent commercial agents


Proceedings for failure to notify national implementing measures are still in motion against Belgium, the only Member State not to have transposed Directive 86/653/EEC on independent commercial agents.

Ireland and the United Kingdom, both of which enjoyed a derogation until 1 January 1994, transposed the Directive more or less within the appointed time.

163.

2.5. Consumer policy and product safety


Progress in transposing and applying consumer legislation has slipped since last year. This is partly because several directives have been included which are not yet due for transposal, namely Directive 93/35/EEC amending for the sixth time Directive 76/768/EEC (cosmetic products), Directive 94/32/EC adapting the same Directive to technical progress for the seventeenth time and Directive 94/47/EC (protection of purchasers in respect of timeshare contracts). No Member State transposed these directives in 1994.

However, even allowing for these, the rate of transposal has fallen since last year.

Incorporation into national law of the cosmetics directives is generally unsatisfactory. Infringement proceedings are still in motion concerning the basic Directive 76/768/EEC. France has failed to amend its implementing legislation, although the Court of Justice gave judgment against it on 5 May 1993 (Case C-246/91). Other infringement proceedings against Portugal, concerning Directives 80/1335/EEC, 82/434/EEC, 85/514/EEC and 85/490/EEC, were terminated in 1994. Only eight Member States have notified measures to transpose Directive 93/47/EEC (Denmark, France, Germany, Italy, Luxembourg, Netherlands, Spain, United Kingdom), while only two (Denmark and the United Kingdom) sent implementing measures for Directive 93/73/EEC in 1994.

The situation is relatively satisfactory in the textile sector, where only one infringement proceeding is in progress.

However, the outlook is very different as regards the protection of consumers' economic interests. Only Belgium and the Netherlands have notified the Commission of national measures to implement the Directive on unfair terms. Given the importance of this directive for consumers, the failure to incorporate it into national law by the appointed time is particularly worrying.

Three infringement proceedings are in motion for incorrect transposal of the Directive on contracts negotiated away from business premises, including cases against France and Belgium which have been under way since 1991 and 1992.

There are problems with the consumer credit directives too. Infringement proceedings for failure to notify are in motion against Ireland and Spain as regards Directive 87/102/EEC, while three similar proceedings are under way concerning Directive 90/88/EEC.

There have been considerable difficulties in the transposal of the package tours Directive: four infringement proceedings are in motion for failure to notify.

The situation regarding the directives on the price-labelling of foodstuffs (Directives 79/581/EEC and 88/315/EEC) and non-food products (Directive 88/314/EEC) is rather different, as the present rules are in the process of being revised.

Finally, turning to the health and safety of consumers, only five Member States (Belgium, Denmark, France, Netherlands, United Kingdom) have notified national measures implementing the Directive on general product safety; the Commission is pursuing infringement proceedings against the other Member States for failure to notify.

2.5.1. >TABLE>


164.

COMPETITION


165.

1. INTRODUCTION


The number of infringement proceedings against Member States in competition matters was as high as ever in 1994.

The proceedings did not concern only the application of Commission directives adopted under Article 90 and the examination of individual cases of measures contrary to Articles 37 et 90 i of the EC Treaty (national monopolies of a commercial character and public enterprises and enterprises enjoying special or exclusive rights).

They concerned:

(a) application of Council regulations relating to competition

Council regulations relating to competition require the Member States to take the requisite measures before a certain date, after consulting the Commission, to assist Commission staff where an enterprise resists checks.

In 1994 the Commission addressed reasoned opinions to Italy for failure to discharge its obligations in connection with Regulations (EEC) Nos 1017/68 (competition in inland transport), 4056/86 (competition in sea transport) and 3975/87 (competition in air transport). But the Italian authorities announced in mid-December that measures covering the four competition regulations were planned in the Community Act for 1994.

(b) Article 85 EC in conjunction with Article 5

Article 85 of the EC Treaty, read with Article 5, has been interpreted by the Court of Justice as requiring Member States to refrain from introducing or maintaining in force measures that might have the effect of rendering the competition rules applicable to undertakings nugatory.

In 1994 the Commission accordingly addressed a reasoned opinion to Italy, where Act No 1612 of 22 December 1960, still in force, confers on the National Federation of Customs Forwarding Agents the power to set mandatory scales of charges for services supplied by the trade.

166.

2. SITUATION SECTOR BY SECTOR


167.

2.1. Public enterprises


(a) Directive 90/388/EEC on competition in markets for telecommunications services has been transposed by all the Member States except Greece and Italy. An action against Greece for failure to comply with Treaty obligations was commenced on 18 October (Case C-281/94). On 20 October the Greek Government enacted a new Telecommunications Act (No 2246/94). But implementing measures will still be needed for the Directive to be fully transposed into Greek law.

Italy included the transposal of Directive 90/388/EEC in the 'Legge Comunitaria 1993` of 22 February 1994. But the decree-law and the conditions for licensing telecommunications services after liberalization, as provided for in the Act, were not issued within the year. A reasoned opinion will be addressed to Italy in 1995.

(b) Ten Member States have transposed Directive 93/84/EEC amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings. The aim of the 1993 amendment was to permit ex post checks on major manufacturing firms (11th Report, 1993). The Commission's intention is to commence proceedings in the Court of Justice against the Member States - Belgium and Greece - that have not transposed the directive.

(c) Turning to specific cases in transport, Denmark agreed on 18 February to come into line with the Commission Decision of 21 December 1993 (11th Report, 1993) and allow Stena A/S to build a new port, subject to a number of conditions, for ferry links between Rødby and the German port of Puttgarden, competing with the link operated by DSB, a public enterprise.

Responding to Commission action (11th Report, 1993), Italy passed Act No 84 on 28 January, terminating the monopoly of port operations. But the Commission still considered that the measures thus taken were inadequate and has been in regular contact with the Italian authorities. They issued two decree-laws amending Act No 84, the more recent of them on 21 October. Even now the monopoly of temporary labour has still to be terminated.

The Commission commenced proceedings in respect of the system of quantity discounts applied at Brussels-National airport as regards landing charges, which gives the Belgian company Sabena an advantage over airlines from other Member States, contrary to Article 90 i of the Treaty read with Article 86. The Commission also commenced proceedings against the monopoly on stopover assistance enjoyed by the Greek national carrier Olympic Airways at Athens airport.

In telecommunications, the Commission pursued its efforts to terminate remaining monopolies in GSM mobile radiotelephony. In response to infringement proceedings commenced in 1993 Italy granted a second GSM concession in December and Belgium amended its legislation in November to license a second GSM operator. In May the Commission opened new infringement proceedings against the GSM monopoly in Ireland.

168.

2.2. Monopolies


The Commission commenced infringement proceedings in the Court of Justice against France, Italy, Spain, the Netherlands and Ireland for maintaining in force legislation conferring exclusive rights on gas and electricity import and export monopolies.

2.3. >TABLE>


169.

EMPLOYMENT AND SOCIAL POLICY


170.

1. INTRODUCTION


Acting under Articles 48 to 50, 100, 117 and 235 of the EC Treaty, the Community has enacted a series of legal instruments to improve and harmonize living and working conditions.

The range of social legislation has been greatly expanded in recent years. Following the adoption of the Community Charter of the Fundamental Social Rights of Workers in 1989, the Commission adopted an action programme to ensure a minimum level of provision, bearing in mind the need to prevent abusive social practices and distorsions of competition and to strengthen economic and social cohesion. The Commission has presented the Council with all the proposals announced in the programme; the Council has so far adopted mainly the health and safety directives, many of which are now in force, and the Commission has concentrated on scrutinizing their transposal.

171.

2. SITUATION SECTOR BY SECTOR


172.

2.1. Equal treatment of men and women


In 1994 the Commission took action against a number of countries for failure to respect Community law in the matter of equal treatment, regulated at Community level by Directive 76/207/EEC.

The first case concerns restrictions on women working at night, a matter upon which the Court of Justice has ruled three times, in Cases C-345/89 Stoeckel, C-158/91 Levy and C-13/93 Minne. In the Commission's opinion, four Member States (Belgium, France, Greece and Italy) failed to remove national regulations which restrict nightwork for women in a manner that is incompatible with Directive 76/207/EEC. The Commission is continuing infringement proceedings against all four Member States.

The Commission also moved against Belgium for failure to notify measures to conform to the ruling of the Court of Justice in Case C-173/91 Commission v Belgium. In that case, the Court ruled that Belgium had failed to discharge its obligations under Article 119 by maintaining in force legislation which rendered female workers over the age of 60 ineligible for the supplementary redundancy allowance which was payable to males up to the age of 65. In the absence of a satisfactory response, the Commission sent a letter of formal notice under Article 171.

A third matter which led the Commission to initiate infringement proceedings concerned France. The Commission took the view that France failed to take appropriate action following the ruling of the Court in Case C-312/86 Commission v France that in allowing collective agreements to retain provisions which conferred certain benefits on women only, French law did not conform to Directive 76/207/EEC. The infringement proceedings started in 1990 by the Commission under Article 171 of the Treaty are still going on.

The Commission suspended the infringement proceedings against six Member States (Belgium, Denmark, Greece, Italy, Luxembourg and the Netherlands) for failure to notify it of national implementing measures, given their genuine difficulties in transposing Directive 86/378/EEC (equal treatment for women and men in occupational social security schemes), pending clarification of the rule in Barber to be given by the Court of Justice in response to requests for preliminary rulings before it.

On 28 September 1994 the Court gave six preliminary rulings i.

These rulings remove all doubts as to the Member States' obligations in this respect. Progress in transposing Directive 86/378/EEC and in the application of Article 119 of the EC Treaty as they affect pensions legislation will have to be reviewed in the light of them, and the review will have to cover all the Member States and not just the six against whom infringement proceedings have been brought.

173.

2.2. Working conditions


In 1992 the Commission referred proceedings against the United Kingdom to the Court of Justice (Cases C-382/92 and C-383/92), because the recognition of worker representation in UK firms depends on a decision by the employer, which is contrary to Directive 75/129/EEC (collective redundancies) and Directive 77/187/EEC (safeguarding of employees' rights in the event of transfer of undertakings).

The Court gave judgment for the Commission on 8 June 1994. It held among other things that by not providing for designation of worker representatives where the employer had not given his agreement, the United Kingdom had failed to discharge its obligations under the Directives. The Commission has since then been in contact with the UK authorities to ascertain their intentions regarding implementation of the Court's judgment.

The Commission sent Greece a letter of formal notice to comply with the judgement given against it by the Court of Justice on 8 November 1990 for failure to comply with Directive 80/987/EEC (protection of workers in the event of the employer's insolvency). It is currently scrutinizing Greece's reply.

Four Member States - Belgium, Germany, Italy and Luxembourg - have yet to notify the Commission of national measures implementing Directive 91/533/EEC (employer's obligation to inform employees of the conditions applicable to the contract or employment relationship).

174.

2.3. Health and safety at work


Infringement proceedings against the Netherlands were terminated upon notification of national measures implementing Directive 89/391/EEC (the basic Directive for the improvement of safety and health of workers at work). Infringement proceedings against Germany, Greece, Italy, Luxembourg and Spain for failure to notify continued, reaching the reasoned opinion stage. The proceedings in some of these cases (Germany and Luxembourg) will shortly be terminated following notifications received.

Several proceedings are in motion for failure to notify national measures implementing specific directives issued under the general directive and the directives applicable to carcinogenic, chemical and biological agents at work. Directive 91/382/EEC (protection of workers against asbestos) is the only one for which all Member States have notified implementing measures.

175.

2.4. Public health


Three directives were adopted under the cancer programme on measures to reduce tobacco addiction and its harmful effects. Luxembourg and the Netherlands are the only Member States that have not yet transposed Directive 92/41/EEC (labelling of tobacco products).

2.5. >TABLE>


176.

AGRICULTURE


177.

1. INTRODUCTION


As in the previous year, considerable progress was made in 1994 on the free movement of agricultural products within the Community. This was due to the gradual implementation by Member States of the Directives in the White Paper on the Internal Market, which in many cases entailed substantial recasting of national legislation and a degree of administrative reorganization.

However, the situation regarding the transposal of agricultural directives continues to give cause for concern. The number of infringement proceedings for failure to notify the Commission of national implementing measures remains very high; what is more, the sharp increase in the number of reasoned opinions delivered by the Commission to the Member States shows that the problems evident in 1993 have not been eliminated and that the proceedings themselves are becoming increasingly lengthy.

In monitoring the application of the agricultural rules, the Commission focused its attention on Member States' implementation of production control mechanisms (particularly in the milk sector), their compliance with Community rules on the description of agricultural products and the end of government price-fixing at any stage covered by a market organization.

The Commission also continued its endeavours to end certain practices of the United Kingdom's Milk Marketing Boards and to make Italy comply with two judgments of the Court of Justice for its persistent refusal to enforce the quality standards applicable in the fruit and vegetable sector.

Lastly, the Commission notes that Member States have finally seen the need to comply with the procedures for the prior notification of technical standards required by Directive 83/189/EEC, as amended by Directive 88/182/EEC.

178.

2. SITUATION SECTOR BY SECTOR


179.

2.1. Markets


In addition to its efforts to eliminate obstacles to the free movement of agricultural products, the Commission has also sought to ensure that the other provisions of the Community's agricultural legislation are effectively and correctly applied.

(a) The Commission, which is responsible for monitoring the application of specific market organization mechanisms, continued to keep a close watch on the use of the production control mechanisms, particularly in the milk sector, where it conducted a systematic analysis of national measures to implement Regulations (EEC) Nos 3952/92 and 536/93.

The Commission continued proceedings against France because of the discriminatory way in which it redistributed the reference quantities released under the scheme for the cessation of milk production, the quantities depending on the purchaser's cessation level.

This practice has been condemned by the Court of Justice on two occasions (Cases 201-202/85 and C-196-198/88).

Furthermore, under Community rules Member States are obliged to offset the linear reduction (2,15 %) occurring in 1990-91 by supplementary allocations.

France failed to respect this obligation: although it gave producers the 2,15 % with one hand, it took away 2,35 % with the other.

(b) The following cases arose under the Community rules on the description of agricultural products.

- in the milk sector the Commission decided to refer to the Court of Justice the British authorities' refusal to recognize the marketing of soya milk as infringing Regulation (EEC) No 1898/87, Article 3 of which prohibits products other than milk and milk products from being described as 'milk`.

- in the spirits sector the Commission took action against France for allowing drinks containing a mixture of whisky and other spirits to be given a description containing the terms 'whisky` and 'spirit` e.g. 'whisky spirit` or 'spirit of whisky` in breach of Regulation (EEC) No 1576/89.

Following the adoption of Regulation (EC) No 2675/94, the sale description 'spiritueux` (spirit) or 'boisson spiritueuse` (spirit drink) must be distinguished from the alcoholic ingredients in a list preceded by the terms spiritueux issus dun mélange` (mixed spirit drink). France has yet to take the necessary steps to implement this Regulation.

(c) The Commission took steps to end the system of minimum prices for olive residues imposed by Italy in breach of the market organization for oils and fats. The Court has consistently ruled that this market organization is comprehensive and does not permit any unilateral national measures.

(d) The Commission continued its efforts to put an end to certain abuses perpetrated by the United Kingdom's Milk Marketing Boards which are incompatible with Community legislation, in particular Article 25 of Regulation (EEC) No 804/68 and Regulations (EEC) Nos 1422/78 and 1565/79.

However, 1994 should be the last year that problems of compatibility with Community agricultural legislation occur.

Under the Agriculture Act 1993 and its implementing rules, compulsory Boards were abolished in Great Britain, leaving producers free to market their milk through voluntary cooperatives set up by the old Boards or by other means. The Northern Ireland Board will be similarly dealt with in the spring of 1995.

The Commission kept a close check on the planned legislation abolishing the old Boards and suggested to the United Kingdom some changes to ensure that cooperatives remained voluntary for as long as possible and that producers who chose not to join them were not excluded from a share in the Boards' assets.

In its judgment in Case C-40/92 this year the Court of Justice did not take the Commission's side, declaring that skimmed milk produced and marketed by producers did fall under the jurisdiction of the Boards in accordance with Community rules governing their operation.

However, the Court found against the United Kingdom for having failed to comply with its obligations to properly supervise the Boards' exercise of the powers conferred by Community rules.

(e) Finally, the Commission is once again obliged to mention, in the context of the application of the market organization mechanisms, the Italian Government's persistent refusal to comply with the Court's judgment of 16 February 1987 in Case C-69/86 in which the Court censured Italy under Article 171 of the EEC Treaty for its failure to comply with the judgment of 15 November 1983 in Case 322/82 concerning non- compliance with the rules for the enforcement of quality standards in the fruit and vegetable sector.

After many years of inaction, the Italian authorities have started to make some real progress and have adopted a new Ministerial Decree amending Decree No 339 of 2 June 1992 in line with Regulation (EEC) No 2251/92 on quality inspection of fresh fruit and vegetables, which standardizes inspection methods at Community level. An administrative circular was adopted on 10 June 1993 laying down certain rules for implementing the Decree.

In addition, the Italian authorities claim to have carried out over 125 000 inspections between September 1993 and September 1994, using a regional weighting reflecting production quantities.

However, the Commission believes the Italian authorities should introduce a proper system of penalties which should be sufficiently dissuasive and strictly enforced by the competent national authorities; such a system is an essential complement to the inspections carried out nationwide and arises out of Member States' obligations under Community rules in the fruit and vegetable sector.

180.

2.2. Harmonization


Background

In terms of new infringement proceedings under Article 169 of the EC Treaty, the situation can be seen to have improved slightly: after the sharp increases in 1991 (+ 75), 1992 (+ 99) and 1993 (+ 48), the number of formal notices addressed to Member States returned to 1992 levels (- 50 compared to 1993).

On the other hand, the Commission sent 262 reasoned opinions in 1994 (as against 123 in 1993). This clearly shows that the delays in transposal which had built up in 1992 and 1993 were not made up in 1994 and continued to lengthen. The effect of the delays can be seen in the number of referrals to the Court of Justice, which rose from three in 1993 to 34 in 1994. However, the Commission is glad to report that it was able to discontinue proceedings in 21 cases this year.

181.

Situation in Member States


As in past years, all Member States had difficulties complying with the transposal deadlines for the agricultural directives.

The number of infringement proceedings initiated in 1994 varied between 20 (Netherlands) and 32 (Greece).

As far as reasoned opinions are concerned, Denmark (with 8) and the Netherlands (with 9) had fewest problems; the situation is much less encouraging in Greece i and, to a lesser extent, in Germany and Portugal (29).

Mention should also be made of ten referrals to the Court of Justice in respect of infringements by France (all regularized in the meantime) and eight referrals in respect of Ireland.

With the exception of two directives which are the subject of action before the Court of Justice (on the grounds of non-transposal), the situation remained stable in Luxembourg and Belgium. In Italy, despite the publication in February of a 'Community Law` intended to speed up the transposal of directives, the rate of transposal has slowed down considerably.

The trend appears to be the same in Germany, which has received no fewer than 29 reasoned opinions. In 1995, and for the first time in the agricultural sector, the Commission may be obliged to take action before the Court against Germany for failure to notify transposal measures.

In France the situation has improved markedly, considerable progress having been made in making up delays in transposal, particularly in the veterinary sector in respect of the implementation of new rules on veterinary checks under the internal market.

As noted above, the situation in Greece has deteriorated to the extent that the number of outstanding infringement proceedings is now far higher than against any other Member States. By the end of 1994, the figure was double the Community average.

None the less, apart from two directives which have since been transposed, Greece has so far avoided referral to the Court. However, in view of the number of reasoned opinions delivered in 1994, the outlook is rather bleak.

At the beginning of 1994 there were two main areas in which transposal measures were lacking in Ireland: directives dealing with the reform of veterinary checks under the internal market, and directives relating to zootechnical and breeding rules. Apart from veterinary checks on fish, in the course of the year Ireland complied with its obligations in respect of the directives on veterinary checks.

After infringement proceedings had been initiated under Article 171 of the Treaty, the Netherlands adopted the measures required to comply with the judgment delivered on 2 August 1993 in Case C-303/92 concerning failure to notify national implementing measures in respect of five directives relating to stockbreeding. The situation in the Dutch plant health and seed and seedling sectors is particularly encouraging, as it is in Ireland and Denmark.

In 1994 the Commission was forced, for the first time, to initiate proceedings against Portugal for its failure to transpose agricultural directives. The Portuguese authorities, however, took the necessary action, so the Commission was able to withdraw from the case (C-124/94).

Unfortunately, in 1994 Portugal was unable to halt the progress of any of the infringement proceedings initiated in 1993 and received 39 letters of formal notice (the highest number for all the Community).

In the United Kingdom the main problems outstanding concern the veterinary and seed and seedling sectors.

182.

Analysis by sector


In the seed and seedling sectors, most of the problems concern the transposal of the directives implementing Directives 91/682/EEC (ornamental plant propagating material and ornamental plants), 92/33/EEC (vegetable propagating and planting material other than seed) and 92/34/EEC (fruit plant propagating material and fruit plants intended for fruit production), although this is not the case in the Netherlands, Ireland, Denmark and Luxembourg.

In the animal feed sector, Directive 90/167/EEC on medicated feedingstuffs continued, as in 1993, to cause problems, with cases against Belgium (judgment delivered on 28 September 1994), Luxembourg and Spain being brought before the Court.

In the plant health sector, the longest delays concern Greece. In Denmark and Ireland, on the other hand, there were no delays. Greece is the only Member State not to have transposed the directives on protective measures against the introduction into the Community of organisms harmful to plants and plant products and against their propagation within the Community, adopted with a view to completion of the internal market.

Problems subsist with the transposal of Directives 91/414/EEC and 93/71/EEC on plant protection products, and Directive 93/85/EEC on potato ring rot.

However, the greatest difficulties are posed by the veterinary directives. On the positive side, the Netherlands and Ireland have finally transposed the directives on zootechnical and breeding rules, and the transposal of directives reorganizing veterinary checks within the framework of the internal market is almost complete; but there are continuing delays in this sector, particularly in Greece and Ireland. Of 34 cases brought before the Court for failure to notify transposal measures in agriculture, 30 concerned directives in the veterinary sector. The directives for which most delays still exist are Directives 92/45/EEC (wild game), 92/46/EEC (milk products), 92/117/EEC (zoonoses and zoonotic agents) and 92/118/EEC (products not yet harmonized).

183.

Implementation of Directive 83/189/EEC (technical standards) in agriculture


In 1994, pursuant to Directive 83/189/EEC, which lays down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 88/182/EEC, the Commission examined 29 draft technical regulations in the light of the Treaty and the relevant secondary legislation. In most cases, after systematic analysis of the drafts, the Commission requested amendments to ensure that adoption of the regulations concerned would not create new barriers to the free movement of goods (three reasoned opinions). In two cases, the status quo was imposed for twelve months from the date of notification, either because of the Commission was planning to present a proposal to the Council, or because the planned measures were covered by a proposal for Community legislation which the Commission had already presented to the Council and which would replace the national measures concerned.

In the context of infringement proceedings initiated for failure to notify technical standards or regulations, the Court ruled in its judgment of 14 July 1994 in Case C-52/93 (Commission v Netherlands) that, by adopting on 9 October 1990 amendment XIII of the Produktschap voor Siergewassen Regulation on quality standards for flower bulbs (iris, lily), without having notified the Commission at the draft stage, the Netherlands had failed to comply with its obligations under Article 8 of Directive 83/189/EEC.

Since the Court has now recognized the failure of a Member State to comply with its obligation to notify in accordance with Directive 83/189/EEC, it is assumed that Member States will draw the appropriate conclusions and will in future systematically notify the Commission of any draft measures containing technical standards or regulations.

As a result of the measures taken in Member States, only three infringement proceedings were initiated in 1994 in respect of failure to comply with Article 8 of Directive 83/189/EEC.

2.3. >TABLE>


184.

FISHERIES


185.

1. INTRODUCTION


In order to ensure the coherence of the conservation and resource management arrangements, the Commission continues to monitor the fishery control measures which Member States must apply on their territory and within their waters. It has also kept a close watch on national fisheries legislation, particularly as regards the granting of flag rights, with a view to assessing the compatibility of national rules with Community law.

186.

2. SITUATION SECTOR BY SECTOR


187.

2.1. Markets


Member States' application of the Community rules on the compulsory notification of the data required under the common organization of the market may now be considered satisfactory. Spain is currently the only country facing infringement proceedings.

188.

2.2. Resources


The introduction by Member States of control measures in respect of fishing and related activities was closely monitored by the Commission in the context of Community arrangements for the conservation and management of resources.

The new control Regulation (Regulation (EEC) No 2847/93) has been of major help in strengthening the system; it has also provided the opportunity for a new approach to controlling the implementation of Community legislation on conservation and resource management.

In order to give the competent national authorities time to familiarize themselves with the new system and to take steps to put it into practice, the Commission decided to postpone or suspend, depending on the case, for one year, outstanding Article 169 proceedings relating to overfishing. Proceedings in respect of other types of infringement were allowed to run their course.

The Court's judgment against France on 11 June 1991 in Case C-64/88 following that Member State's failure to carry out its obligation to enforce technical conservation measures has yet to be acted on.

On the other hand, in Case C-75/94, in which France stood accused by the Commission of failing to adopt the criminal or administrative provisions required to ensure that the original logbook is presented to the authorities in the Member State of landing, France adopted the necessary legislation and the Commission accordingly withdrew from the proceedings.

The judgment of 25 July 1991 concerning Spain's failure to comply with Community conservation measures for waters outside the Community fishing zone, was enforced by the Member State concerned and the infringement proceedings duly terminated.

The infringement proceedings against Spain for failure to control landing declarations and for refusing to cooperate with Commission inspectors are still very much alive, as are the proceedings against the United Kingdom for failing to comply with Community law on the allocation of fishing quotas in 1992.

The Commission also took a close look at Member States' application of the Community rules on the length of drift gillnets. In 1994, proceedings were initiated against France, the United Kingdom and Ireland, on top of the proceedings begun in 1992 against Italy.

189.

2.3. Compatibility with Community law of national legislation on the granting of flag rights


The Commission continues to monitor carefully national laws governing the fisheries sector to ensure their compatibility with Community law.

In this connection, the Court's judgment of 4 October 1991 in Case C-89/93 in respect of an Irish law obliging nationals of other Member States to form a company to obtain fishing licences is now being enforced by the Irish authorities; the relevant amendment to the Fisheries Amendment Act 1983 is shortly to enter into law.

The Commission was able to terminate infringement proceedings against Germany following the entry into force of new legislation which remedies previous shortcomings.

Proceedings against Belgium are also likely to be terminated if the legislation transmitted to the Commission actually enters into force.

All the infringement proceedings initiated by the Commission against other Member States (France, Greece, Denmark, Netherlands, Italy, Spain and Portugal) are continuing, the first two being at the referral stage and the others at the reasoned opinion stage.


190.

ENVIRONMENT


191.

1. INTRODUCTION


192.

1.1. General situation


The Community's fifth environmental action programme adopted in 1992 stressed the importance of satisfactory implementation of policy and legislation and outlined a number of measures to ensure that the policy, strategy and measures set out in the programme could be implemented and enforced at all levels of society, by improved consultation arrangements, better practical follow-up to legislative measures and stricter compliance checking and enforcement.

Increased effects to improve dialogue, transparency, communication and information on Community environmental legislation have been made, in particular by setting up three ad hoc dialogue groups, the Consultative Forum on the Environment, the Environment Policy Review Group and the Community Network for the Implementation of Environmental Law.

193.

1.2. Notification of national implementing measures


There is still a problem of time taken with the notification of national measures implementing directives. In most cases the delays are attributable to problems of administrative coordination within the Member States.

Action taken on cases of failure to notify in 1994 breaks down as follows:

- 42 Article 169 letters (90 in 1993);

- 46 reasoned opinions (26 in 1993);

- 3 cases referred to the Court of Justice (3 in 1993).

During the report period, eight directives fell due for transposal.

The full list of environmental directives is given at point 2.8, and progress in implementing them is summed up at Annex IV.

194.

1.3. Conformity of national implementing measures


The number of infringement proceedings for incorrect transposal fell in 1994. There were only two reasoned opinions and one referral to the Court of Justice.

The Court gave two decisions in incorrect transposal cases - one against Belgium regarding the impact assessment Directive and one for failure to give effect to an earlier judgment against Italy concerning fishing waters.

The directive most commonly concerned by incorrect transposal is Directive 85/337/EEC (environmental impact assessment). Apart from the judgment mentioned above, a reasoned opinion was addressed to Germany for incomplete transposal, and there are still problems with implementing measures in Greece, Italy, Spain and the United Kingdom.

There have been problems with the water Directives in Belgium, France, Germany, Ireland, Italy and Portugal. In Germany, administrative circulars have still not been replaced by mandatory legal instruments.

The legislation implementing the nature protection Directives in Belgium, France, Germany, Ireland and Italy remains defective. The Netherlands has come into line with the judgments given by the Court concerning transposal of Directives 79/409/EEC (wild birds) and 82/501/EEC (Seveso).

The Irish and Portuguese legislation on waste is not in full conformity, and the Spanish legislation concerning access to environmental information conflicts with Directive 90/313/EEC.

Denmark is still the one country where there are no significant problems of transposal of directives. The Danish authorities virtually always supply the Commission with concordance tables to highlight the effect given to directives; its task is all the easier as a result.

Luxembourg makes a great effort to see that Community directives are properly transposed, regularly taking them over word for word so that divergences from Community law are rare. The main problems arise where existing legislation needs amending in line with Community law.

195.

1.4. Incorrect application of directives


The Commission sent six reasoned opinions to Member States during the year.

The directives that create the most difficulties are those relating to water. The countries most concerned here are Belgium, Greece and Spain (in the latter two countries discharges of dangerous substances into the aquatic environment predominate), France (inadequate quality of drinking water, notably by reason of pollution by nitrates), Ireland, Italy, Portugal and the United Kingdom (in particular the quality of drinking water and of fish and shellfish waters).

Nature protection is another widespread problem area (protection of wild birds and habitats in Germany, Greece, France, Ireland, Italy, the Netherlands and Spain).

Problems of protection of wild birds often arise in connection with the environmental impact assessment Directive, notably in Germany and Italy but also in Greece, Portugal and Spain.

Problems with the application of the waste Directive arise mainly in Belgium, Greece, Ireland, Italy, Portugal and Spain.

No new cases of incorrect application in Denmark were brought to the Commission's attention.

The situation is also healthy in Luxembourg, where the Commission receives very few complaints. This is probably because the departments responsible for drafting implementing measures are in close contact with those applying them. The effect of the resultant cooperation and mutual information flows is that environmental legislation can be applied correctly and efficiently.

196.

1.5. Structural Funds and other sources of Community finance


The integration of environmental concerns has been reinforced by new provisions in the Structural Funds Regulations, which were formally adopted in July 1993 (OJ No L 193, 31. 7. 1993, p. 5-20). These provide for the inclusion in national and regional funding plans of a national or regional environmental appraisal, an evaluation of the sustainability of the proposed development strategy and details of the consultation arrangements with the competent environmental authorities. The provision concerning compliance with Community environmental law and policy was retained, and explicit reference was made to the fifth environmental action programme.

As regards the compatibility of operations under the Structural Funds with Community environmental law and policy, it is too early to assess the effects of the new environmental provisions, since the adoption of Community support frameworks and operational programmes was still proceeding in 1994.

A decision of 23 September 1994 of the Court of First Instance in Case T-461/93 An Taisce - The National Trust for Ireland and WWF UK (World Wide Fund for Nature) v Commission is of interest in confirming Article 24 of Structural Fund Regulation No 4253/88 (which concerns the reduction or suspension of Community funds) as a control mechanism against spending irregularities which is distinct from and independent of Article 169 of the Treaty.

In relation to the Cohesion Fund, one regrettable deficiency which might be highlighted is the failure in several Member States to undertake forms of environmental planning required by Community environmental legislation (for example, the preparation of waste plans under Community waste legislation and the identification of sensitive areas and the adoption of programmes under Directive 91/271/EEC concerning urban waste water treatment). By identifying needs and providing a wider context for individual projects, such planning has the potential to facilitate the effective use of Community funds in upgrading environmental infrastructure.

197.

1.6. Freedom of access to information


Directive 90/313/EEC concerning freedom of access to information has been applicable since 1 January 1993, but certain Member States, such as Greece and Italy, have yet to notify the Commission of their national implementing measures. Germany responded to a reasoned opinion by notifying an Act of 8 July 1994 to transpose the Directive (BGBl. 15. 7. 1994 I, s. 1490).

The Directive raises transposal problems in several Member States. Most cases concern the provisions relating to decisions withholding information (Article 3 (2)), the time allowed to answer requests for access to information (Article 3 (3)) and remedies against decisions withholding access (Article 4). Informal contacts with the Member States have often been most effective. To transpose Article 6 of the Directive concerning access to environmental information held by bodies with public responsibility for the environment and controlled by public authorities, Denmark enacted the Environmental Information Access Act (No 292 of 27 April 1994).

The Netherlands announced legislation to transpose Article 3 of the Directive, which specifies the circumstances in which requests for environmental information may be declined.

The difficulties arising from practical application of the Directive are illustrated by the complaints. Cases of incorrect application tend to come from Germany, Ireland, Spain and the United Kingdom and to a lesser extent from Belgium, France and Portugal. No complaints were received regarding failure to comply with Directive 90/313/EEC in Denmark, Greece, Italy, Luxembourg or the Netherlands. Most of the cases concerned incorrect transposal of the Directive. The bulk of the complaints revealed a failure to provide for the possibilities required by Article 4, requiring the Member States to provide judicial or administrative redress procedures in the event of wrongful decisions neglecting or declining to respond to requests for information conforming to national law. If that Article is correctly transposed, it enables any person who believes his request for information to have been rejected or neglected wrongly or who has received no reply is entitled to appeal to a judicial or administrative authority in accordance with national procedural law.

Where national law is not in conformity with Directive 90/313/EEC or the Directive is not applied properly, it follows from the judgment given by the Court of Justice in Case C-103/88 Fratelli Costanzo that the national administrative authorities and courts must fully apply provisions of the Directive that have direct effect, that is to say those that are unconditional and sufficiently precise, and disapply provisions of national law that are incompatible with the Directive.

198.

1.7. Environmental impact assessment


Directive 85/337/EEC (assessment of the effects of certain public and private projects on the environment) is a comprehensive instrument of environmental law, as it applies at every level of responsibility. It accordingly accounts for the lion's share of environmental infringements and complaints. The Commission has made a proposal for amendments to make it more effective (COM i 575 final, 16. 3. 1994 - 94/0078SYN).

Proceedings are already in hand against Germany (which has received a reasoned opinion), Italy, Spain and the United Kingdom; the Commission is in regular contact with these countries to ensure that the Directive is properly transposed.

The Spanish legislation exempts most Annex II projects from the obligation to undergo impact assessment, which is required for only four of them. Spain responded to a reasoned opinion sent in 1992 by declaring that it was ready to come into line with the Directive. This should have been done in 1994, but the Spanish authorities have not yet notified the Commission of the new measures. The Commission is still receiving a growing number of complaints about incorrect application of the Directive in Spain.

The Italian legislation also has problems as regards the categories of projects in Annex II. The Community Act provides for secondary legislation to establish the conditions, criteria and technical standards for the application of the impact assessment procedure to Annex II projects. The Commission has not been notified of it.

The German legislation does not apply to all projects authorized after 3 July 1988, it transposes only part of Articles 2 and 5 and it does not apply to nuclear plants. The Court of Justice has yet to give judgment in a case against Germany for failing to conduct a proper impact assessment prior to construction of a waste oil incineration facility (Case C-431/92).

On 9 August 1994 the Court gave a preliminary ruling (Case C-396/92) on a provision of German legislation transposing the Directive. It held that a transitional provision whereby projects approved after the entry into force of the Directive but before enactment of the transposing Act were exempt from the assessment procedure was incompatible with the Directive.

The Commission is in regular contact with the UK authorities on infringement proceedings regarding failure to apply Directive 85/337/EEC to projects for which approval was sought before the deadline for transposal of the Directive but given after that date.

The Commission is holding bilateral talks with the Irish authorities on changes to be made to their legislation to make it compatible with the Directive.

It is also discussing with the Greek authorities ways of having the Directive properly transposed and applied in Greece. It is still receiving frequent complaints, particularly about failure to run impact assessments for Annex II projects even though they are compulsory for all such projects under Greek law.

Incorrect application is likewise the problem to which complaints from France tend to relate. There have been no complaints about failure to perform impact assessments on projects covered by the Directive. The most commonly cited problems concern incompleteness of information supplied by project managers and the fact that the public often has scant opportunity to offer an opinion on the basis of such information as is available.

Most of the complaints received from Portugal also concern the way the Directive is applied, especially to motorway projects. Luxembourg notified the Commission of national implementing measures after the Court of Justice gave judgment against it in Case C-313/93.

Belgium also notified after the Court found against it (in Case C-133/94) for incompatibility of measures taken by the Brussels and Flanders Regions.

199.

1.8. Action needed


The Commission wishes to emphasize preventive measures, one possibility being to introduce a review mechanism applying to environmental legislation both in the Member States and in the Commission. Administrative cooperation with and between Member States should be encouraged and structured to facilitate the full, proper and timely transposal of environmental directives, which, as this report shows, is currently lacking.

The most serious problem, clearly, is that directives are not being applied properly. The Commission often does not have the information it needs for a proper assessment. The Member States do not always supply it, and this does not make the performance of the Commission's tasks under Article 155 of the Treaty any easier.

There are many possible ways of remedying matters:

- reinforcement of the dialogue groups set up under the fifth action programme, and particularly the Consultative Forum on the Environment, the Environment Policy Review Group and the Network for the Implementation of Environmental Law will contribute to improving Community environment law and enforcement structures;

- integration of the environment into other Community policies (Article 130r (2));

- the Commission is considering an instrument to facilitate public involvement in the application of Community environment law via direct access to justice so that the citizen can feel that he has a role to play in environmental matters.

200.

2. SITUATION SECTOR BY SECTOR


201.

2.1. Air


There has been some delay in notification of national measures implementing air quality directives, and particularly Directives 92/72/EEC (pollution of air by ozone) and 93/12/EEC (sulphur content of certain liquid fuels), transposal of which fell due in 1994.

Italy's measures implementing earlier directives, notably Directives 89/369/EEC and 89/429/EEC (prevention of air pollution from new and existing municipal waste incineration plants) are not clear.

Belgium has not given effect to the judgment given against it by the Court of Justice in 1993 in Case C-186/91 for failure to transpose Article 11 of Directive 85/203/EEC (nitrogen dioxide), providing for consultation of the other Member States in the event of transfrontier pollution. New legislation has been announced.

But Luxembourg has notified the Commission of national measures transposing Directive 84/360/EEC (major industrial plants).

Regarding the conformity of national legislation with the directives, the UK legislation transposing Directive 85/203/EEC (air quality standards - nitrogen dioxide) presents problems, particularly as regards sampling methods and centres. But bilateral discussions are in hand and should solve them.

Talks with the Portuguese authorities on the conformity of their legislation with Directives 80/779/EEC (SO2 and suspended particulates), 82/884/EEC (lead) and 85/203/EEC (nitrogen dioxide) solved the outstanding problems.

Most of the complaints received by the Commission concerning the application of these directives relate to urban or highly industrialized areas, though some focus on problems of pollution generated by specific plants.

As an example of its activities to monitor urban pollution, the Commission is working with the Greek authorities on the application of Community legislation concerning air quality in Athens and Ptolemais.

202.

2.2. Chemicals


The Commission is pursuing close discussions with several Member States concerning Directive 82/501/EEC on major industrial accident hazards (Seveso), in particular trying to ensure the adoption of emergency plans, provided for by the Directive, for the industries falling within its scope. This is the case particularly for Italy, to which a reasoned opinion has been addressed.

Following the judgment given on 20 May 1992 (Case C-190/90), the Dutch authorities have notified the Commission of measures implementing Directive 82/501/EEC.

The Commission, as mentioned in the previous report, brought Luxembourg before the Court of Justice for failure to notify the full set of national implementing measures for this Directive. Luxembourg, while the case was pending, drafted implementing legislation and notified the Commission. But the legislation has been found not to conform to the Directive. The Commission is continuing its bilateral talks with Luxembourg, as well as with Ireland and the United Kingdom, to seek solutions to some outstanding problems of conformity.

The Netherlands has notified the full set of national measures implementing Directive 87/217/EEC (asbestos).

Spain has still not fully transposed the two Directives concerning genetically modified organisms (90/219/EEC and 90/220/EEC). The Spanish authorities have notified the Commission of measures to transpose the Directives, but other legal instruments will also be needed. Luxembourg has still not notified national measures. Greece has not notified national measures and the Commission has referred the case to the Court. Problems of conformity of legislation enacted in France and Germany are still under discussion with the Commission.

The transposal of the directives amending or adapting Directive 67/548/EEC on the classification, packaging and labelling of chemical hazardous substances (Directives 90/517/EEC, 91/325/EEC, 91/326/EEC, 91/410/EEC, 91/632/EEC, 92/32/EEC, 92/37/EEC, 92/69/EEC, 93/67/EEC, 93/90/EEC and 93/105/EEC) has met with great difficulties in all Member States. The Commission has started infringement procedures against all Member States for each directive which they have failed to transpose.

203.

2.3. Water


Serious delays persist in the transposal of water quality directives falling due in 1993.

National measures implementing Directive 91/271/EEC (treatment of urban waste water) are still overdue from Germany (except the Länder Baden-Württemberg and Bavaria), Greece, Italy, Spain and the United Kingdom; Ireland and Luxembourg have notified measures, and France and the Netherlands are transposing the Directive.

Ireland has notified legislation to implement Directive 79/923/EEC (quality of shellfish waters, designating a total of 14 areas), but like Portugal it has not yet notified measures transposing Directive 90/415/EEC (disposal of dangerous substances).

Germany's programmes for reduction of pollution in fish-bearing waters (Directive 78/659/EEC) are still awaited.

On 9 April 1994 the Court gave judgment in Case C-291/93 against Italy for failure to comply with its judgment finding against it on 22 July 1988 (failure to transpose Directive 78/659/EEC).

National legislation is not always in conformity, especially in Germany and Italy. In Germany the administrative circulars which the Court of Justice has held to be inadequate have still not been replaced by statutory instruments. The German legislation is not in conformity with Directive 76/160/EEC (quality of bathing waters), notably as regards sampling frequencies. And German measures to comply with the Court's judgment declaring Directive 80/68/EEC (groundwater) to be incompletely transposed are still awaited.

Several infringement proceedings against Italy have reached the reasoned opinion or Court referral stage. The bathing waters Directive is an example.

In the Netherlands, the situation has either been put right (measures transposing Directive 76/160/EEC were sent to the Commission and came into force on 17 May 1994), or is on the way to being put right (Directive 80/778/EEC). Belgium responded to a judgment against it by the Court of Justice by notifying the Commission of plans and announcing legislation on sampling frequencies complying with Directive 75/440/EEC (surface water for human consumption).

There are still problems of incorrect application. In the UK they concern the directives on the quality of drinking water and fish and shellfish waters. In France they mainly concern the quality of water for human consumption, with reference in particular to nitrate pollution (Directives 75/440/EEC and 80/778/EEC). The number of complaints about water quality in Spain has also been rising steadily.

The infringement proceedings commenced against all the Member States for failure to notify programmes for the reduction of water pollution by List II substances and the 99 dangerous substances on List I for which specific directives have not been adopted (Article 7 of Directive 76/464/EEC) are following their course. Two fresh proceedings have been commenced against Spain in response to a multitude of complaints concerning the application of this Directive, and a reasoned opinion was addressed to Greece regarding pollution of the Gulf of Pagasai by dangerous substances.

204.

2.4. Noise


In June the Council adopted a common position on the proposal for amendment of Directive 86/662/EEC (limitation of sound emissions by earth-moving equipment).

Measures to transpose Directive 92/14/EEC (aircraft noise), which entered into force in July 1992, are still awaited from Italy. Germany has announced measures for early 1995.

On the general question of application of the noise directives in 1994, there are no particular problems to report. But these directives, it must be remembered, impose standards applicable only to new products arriving on the market. They do not apply to ambient noise from multiple sources, which is consequently a problem the Community cannot tackle. A comprehensive approach to noise and its impact on health and the quality of life remains to be devised.

205.

2.5. Waste


The Council has adopted two major instruments on waste movements in recent years. First, on 1 February 1993 it adopted Regulation (EEC) No 259/93 on the supervision and control of shipments of waste into and out of the Community, which came into force on 6 June. Then it adopted Decision 93/98/EEC concluding on behalf of the Community the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, in force since 7 May 1993.

Transposal of Directive 91/157/EEC (batteries and accumulators containing certain dangerous substances) is still a source of difficulties in most Member States. They were required to implement it by 18 September 1992. But the Commission has so far received transposal measures only from Denmark, Luxembourg and the Netherlands and has had to commence infringement proceedings against the other Member States. What is more, the only Member States to have transmitted the programmes provided for by Article 6 of the Directive are Denmark and the Netherlands, so infringement proceedings are in motion in this respect also.

Directive 93/86/EEC adapts that Directive to technical progress, but the difficulties are the same - only Denmark and the Netherlands have transposed it.

Another directive that raises problems of both transposal and application is Directive 91/156/EEC on waste (amending the general Directive 75/442/EEC). Article 2 gives Member States until 1 April 1993 to transpose it, but the Commission has received no implementing measures from Germany, Greece, Ireland, Italy or Spain. They have all received reasoned opinions; the Irish authorities have agreed to enact new legislation. The Commission is constantly receiving complaints about uncontrolled waste dumps and discharges in Greece, Ireland and Spain.

Directive 86/278/EEC (protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture) and Directive 92/112/EEC (harmonization of programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry) have been satisfactorily transposed in all Member States except Belgium. Belgium, incidentally, has had a second judgment given against it by the Court of Justice for failure to transpose the sewage sludge Directive.

Article 3 of Directive 85/339/EEC (containers of liquids for human consumption) requires the Member States to draft programmes for the reduction of the tonnage and volume of such containers. This obligation is widely disregarded, and judgment has been given against France, Luxembourg and Spain. But the proceeding against Portugal was terminated when the Commission received notification of programmes.

206.

2.6. Nature


Nature protection activities focus on the implementation of two directives - Directive 79/409/EEC on the conservation of wild birds and Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

The habitat protection provisions of Directive 79/409/EEC remain the dominant concern.

Progress continues to be made in the classification of special protection areas (SPAs). Between 1 April 1993 and 31 July 1994 Germany designated 9 new SPAs, covering 7 130 hectares; the Netherlands 8 new SPAs, covering 11 370 ha; and Portugal 2 new SPAs, covering 13 472 ha. Spain classified 7 new SPAs, covering 75 577 ha, and reviewed a number of existing ones, adding a further 41 573 ha to its component of the SPA network. France has extended several existing SPAs, notably in the Marais-de-Poitevin, and it also classified 8 new SPAs, so that the total surface area of SPAs in France was increased by 47 900 ha. In Ireland, a number of existing SPAs were extended, and 5 new sites covering a total of 6 465 ha were classified. In the United Kingdom, one existing SPA was extended, and 17 new SPAs were classified: altogether, 83 929 ha were added to the UK component of the SPA network.

This progress needs to be placed in the context of the previous level of classification of the Member States concerned, which varied considerably. Furthermore, despite this progress, there remain significant omissions in some Member States, and a still high number of complaints related to non classification and alleged inadequate protection. These matters are the subject of ongoing contacts between the Commission and the Member States.

In regard to the hunting provisions of the Directive, there have also been developments.

In the Netherlands, an amendment to the framework legislation on bird protection entered into force, allowing the Netherlands to conform to decisions of the Court of Justice of 1987 and 1990 in Cases C-236/85 and C-75/91. Following a reasoned opinion sent by the Commission under Article 171 of the Treaty, France undertook to adopt legislation to conform to a decision of the Court of Justice of 1988 in Case C-252/85.

There was also a preliminary ruling of the Court of Justice on 19 January 1994 concerning the criteria to be employed in fixing the closing of the hunting season (Association pour la protection des animaux sauvages and others v Préfet de Maine-et-Loire and Préfet de la Loire-Atlantique). This again emphasized that the Directive requires a regime of complete protection for migratory species during the rearing season and during the various stages of reproduction.

Certain of the provisions of Directive 92/43/EEC became effective from 5 June 1994 (in particular, those relating to strictly protected species of plants and animals, and those relating to development controls for special protection areas under Directive 79/409/EEC), and implementing legislation should have been communicated to the Commission by this date. However, the Commission was obliged to send letters of formal notice to the following Member States for non communication: France, Germany, Greece, Ireland, Italy, Portugal, Spain and the United Kingdom.

Under the LIFE regulation, the Community has been co-financing habitat surveys in a number of countries, in order to facilitate the preparation and submission of national lists of sites by mid-1995.

207.

2.7. Radiation protection


The main problem here is still Italy's failure to notify the Commission of national implementing measures. Italy has not given effect to the judgments given by the Court of Justice on 7 May 1991 in Case C-246/88 (on the basic Directives 80/836/Euratom et 84/467/Euratom) and on 9 June 1993 in Case C-195/92 (on Directive 84/466/Euratom concerning protection of patients against radiation); the Commission has accordingly issued a reasoned opinion in one case and a letter of formal notice under Article 143 of the Euratom Treaty in the other. A case was started in the Court in respect of the Directive on information of the population in the event of a radiological emergency (89/618/Euratom) in May 1994. The Commission has also sent letters of notice to comply with the Directive on the protection of outside workers against radiation (90/641/Euratom) and the Directive on transfrontier shipments of radioactive waste.

Apart from Italy, the only Member States against which the Commission has infringement proceedings in hand for failure to comply with Directives 80/836/Euratom and 84/467/Euratom are Luxembourg and the Netherlands; but in August 1994 the Netherlands enacted regulations amending the mining legislation, and some of the infringements are accordingly cleared up.

Infringement proceedings against the Netherlands were terminated in December 1993 after measures implementing Directive 84/466/Euratom (protection of patients) had been adopted in May, but the proceedings against five other Member States (Belgium, Ireland, Italy, Portugal and Spain) continue to run. In June 1993, as was reported last year, the Court of Justice found against Italy for failure to comply with the Directive, and Italy has still not come into line.

Transposal of the Directive on information of the population in the event of a radiological emergency (89/618/Euratom) progressed in 1994 when both Greece and the Netherlands enacted measures. Three Member States have yet to send in their measures - Italy (referral to the Court in May 1994), Luxembourg (reasoned opinion) and Portugal (reasoned opinion). The Commission continues to verify transposal by Germany and France.

Measures transposing the Directive on the radiation protection of outside workers (90/641/Euratom) have been notified by seven Member States (Denmark, France, Germany, Ireland, Luxembourg, the Netherlands and the United Kingdom). The other five Member States received Commission warning letters in 1994.

Measures transposing the Directive concerning transfrontier shipments of nuclear waste (92/3/Euratom), which fell due for transposal on 1 January 1994, have been adopted by seven Member States (Denmark, France, Ireland, Luxembourg, Netherlands, Spain and United Kingdom). The Commission addressed warning letters to the other Member States in 1994.

2.8. >TABLE>


208.

TRANSPORT


209.

1. INTRODUCTION


By and large the outcome of activities involved in monitoring the application of Community law in 1994 was positive, especially where the Regulations to liberalize access to the market as a means of consolidating the internal market in transport are concerned.

Road transport, and in particular road safety and technical harmonization, were a source of concern; the Member States are well behindhand with the transposal of directives, though significant progress has been here as well.

In rail transport, there has been progress with the transposal of Directive 91/440/EEC (development of the Community's railways). Two proposals for Directives (licensing of railway companies and allocation of railway infrastructure capacities, and charging for use) reached the common position stage at the Council meeting of 21 and 22 November. These will be useful in supplementing and facilitating the application of Directive 91/440/EEC.

210.

2. SITUATION SECTOR BY SECTOR


211.

2.1. Road transport


The Commission is glad to report that progress was made in the important area of road safety in 1994.

Portugal was the last Member State to transpose Directive 89/459/EEC (tread depth of tyres).

Denmark issued the necessary measures for the extension of roadworthiness testing to private cars, and Ireland - which enjoys a derogation for the application of certain provisions of Community law until 1 January 1998 - raised a question of interpretation of the Directive prior to considering legislation.

As regards technical standards applicable to brakes (Directive 92/54/EEC) and exhaust emissions (Directive 92/55/EEC) to be applied at the time of roadworthiness testing, the legislation is virtually in place in the last few Member States to comply with their obligations (Italy and Greece in the former case, Greece in the latter). Portugal has transposed Directive 92/55/EEC, but its measures are not entirely in conformity with requirements.

Italy has introduced satsifactory legislation regarding the compulsory wearing of seat belts in vehicles weighing less than 3.5 tonnes, a bill is in the process of adoption in Belgium, and Portugal has amended its law to terminate its infringement.

Infringement proceedings against Portugal were terminated when national implementing measures were issued for the technical harmonization provisions of Directive 92/7/EEC (weights and dimensions of vehicles).

Two Member States - Belgium and Spain - have yet to complete the transposal of the speed limiters Directive (92/6/EEC); Portugal has not yet legislated, preferring first of all to obtain the Commission's agreement to a state aid scheme for the installation programme.

Greece is the last Member State to have presented measures to transpose the first batch of Community provisions on the vocational training of drivers of certain vehicles carrying dangerous goods (carriage in road tankers or vehicle-mounted liquid containers with a capacity in excess of 3 000 litres and carriage of explosive substances).

212.

2.2. Combined transport


As reported last year, Italy has still not given effect to the judgment given by the Court on 7 May 1991, declaring that by maintaining a licensing and quota scheme for combined rail/road transport between Member States and withholding licences from private individuals, it had failed to comply with its obligations under Directive 75/130/EEC (common rules for certain types of combined transport between Member States). This is a flagrant case of failure to discharge Community law obligations; fortunately it is very much an exceptional case. Incidentally, the Directive and all amendments to it were replaced by the consolidating Directive 92/106/EEC.

213.

2.3. Inland waterways


The Commission withdrew its action in the Court of Justice against Italy for failure to transpose Directive 87/540/EEC (access to the occupation of carrier of goods by waterway) when the authorities adopted the requisite national measures. German implementing measures also entered into force on 1 January 1994. As a result, Belgium is now the only country that has not transposed the Directive, even though the Court of Justice found against it on 26 February 1992.

214.

2.4. Rail transport


There has been some progress with the transposal of Directive 91/440/EEC (development of the Community's railways), but by no means enough. Six Member States (Belgium, Denmark, Germany, Ireland, the Netherlands and the United Kingdom) have adopted implementing measures and notified the Commission of them. Five others (France, Italy, Luxembourg, Portugal and Spain) have transposed it in part (with the exception of certain aspects such as right of access to infrastructure pursuant to Article 10). Greece alone has notified no implementing measures.

215.

2.5. Sea transport


Germany and Greece are the only Member States that have adopted measures implementing Directive 93/75/EEC (minimum requirements of vessels bound for or leaving Community ports and carrying dangerous or polluting goods); other Member States have notified the Commission of legislation at the draft stage.

216.

2.6. Air transport


Directive 91/670/EEC (mutual acceptance of personnel licences for functions in civil aviation) has been transposed by all the Member States. But the Commission is still scrutinizing the measures notified by France and the United Kingdom for conformity.

At the same time the Commission is pursuing its efforts to ensure that the Directive is actually applied properly elsewhere in the Community, as the frequency of complaints received suggests that national authorities are placing excessively restrictive interpretations on it.

2.7. >TABLE>


217.

ENERGY


218.

1. INTRODUCTION


The Commission pursued its effort to ensure proper application of the Treaty, bringing import and export monopoly cases before the Court of Justice.

The rate of transposal of directives is down on 1993 as most of the Member States have yet to transpose two directives (93/76/EEC and 94/2/EC) falling due on 31 December 1994.

219.

2. SITUATION SECTOR BY SECTOR


220.

2.1. Transparency of prices


Directive 90/377/EEC (transparency of prices for gas and electricity industrial end-users) has been transposed by eleven Member States. Spain has prepared but not yet issued implementing measures. The proceeding commenced against Spain is still in motion, and the proceeding against France will be terminated now that transposal has taken place.

221.

2.2. Internal market for electricity and natural gas


Directive 90/547/EEC (transit of electricity) has been transposed by eleven Member States. France, where the Directive is applied in practice, is now formally transposing it.

Directive 91/296/EEC (transit of gas) has been transposed by eight Member States. France, Germany and Spain are transposing it. Portugal has notified nothing so far.

The infringement proceedings regarding exclusive gas and electricity import and export rights in five Member States are still in motion. The proceeding against Denmark was terminated when the rights were withdrawn. The Commission referred the remaining Member States (Belgium, France, Ireland, Italy and Spain) to the Court of Justice in June 1994.

222.

2.3. Energy efficiency


Directive 92/42/EEC (efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels) has been transposed by Denmark, France, Germany, Ireland and the Netherlands. In Italy, the implementing Act still needs secondary legislation to implement it in turn.

Directive 92/75/EEC (indication by labelling and standard product information of the consumption of energy and other resources by household appliances) has been transposed by Denmark, France, the Netherlands, Portugal and Spain. In Italy, the implementing Act still needs secondary legislation to implement it in turn. The infringement proceedings against the Member States that have not transposed the directive have been suspended temporarily, pending expiry of the time allowed for transposal of the first directive implementing it - Directive 94/2/EC (energy labelling of household electric refrigerators, freezers and their combinations), which is to be transposed by 31 December 1994.

Directive 93/76/EEC (to limit carbon dioxide emissions by improving energy efficiency - Save) is to be transposed by 31 December 1994.

223.

2.4. Coal


The German Government notified the Commission of the outcome of the 'Kohlerunde 1991`, stating that this would be the basis for the coal industry restructuring, rationalization and modernization plans called for by Decision 89/296/ECSC. The Commission scrutinized the plans in detail for compatibility with Community law and approved them on 13 December 1994.

224.

2.5. Progress in implementing directives applicable to energy


The overall rate of transposal has fallen since 1993 from 86,6 % to 81,4 %.

>TABLE>


225.

BUDGETARY MATTERS


The proceeding against Spain for payment of interest due on late payments was terminated when Spain discharged its obligation.


226.

COMMUNITY STAFF


The Commission issued a reasoned opinion in the course of infringement proceedings against Spain to secure the possibility of transfers of pension rights (Article 11 of Annex VIII to the Staff Regulations of Officials of the European Communities). Talks are in progress with the Spanish authorities for that purpose. Comparable infringement proceedings against Greece are still in motion.

Denmark used to tax amounts paid into the Community pension scheme under Article 11 of Annex VIII to the Staff Regulations, and infringement proceedings were commenced accordingly. Act No 441 of 1 June 1994 now exempts them. Talks are continuing on the scope of the exemption.

Belgium responded to infringement proceedings by enacting legislation on 21 May 1991 to permit transfers of pension rights using the technique of subrogating the Communities to officials' pension rights. A new Bill making certain amendments to the 1991 Act is now under discussion.

As for the abolition of the 'quotient conjugal` (aggregation of spouses' income for income tax assessment) as applicable to spouses of Community officials subject to Belgian income tax, an in-depth study has revealed a problem of compatibility with the Belgian Constitution. As a few cases are sub judice in Belgium, the Commission has suspended its infringement proceedings pending the outcome.

On a slightly different matter, Belgium has only partly complied with the judgment given by the Court of Justice on 4 April 1990, holding that the 50 % reduction in the temporary salaries paid to teachers seconded to the European Schools was incompatible with Community law. Following the commencement of Article 171 proceedings, salaries were reinstated at full rates and part settlements were made for past periods. The only sticking point concerns the remainder of the arrears; the Belgian authorities have announced that they will be settled in the first quarter of 1995.

In Spain, the law provides for residence permits to be issued to foreign nationals residing there, but Spain has refused to issue them to Community staff. The Commission is pursuing its efforts to have residence permits issued to them.


227.

STATISTICAL MATTERS


The Member States' obligations in statistical matters are to supply figures at predetermined intervals and in predetermined forms on specified questions. There are no major problems as regards either the application of statistical methods or compliance with deadlines.

Following infringement proceedings based on the unreliability of statistics on cattle herds (Directives 73/132/EEC and 78/53/EEC), the Italian authorities notified revised figures meeting the Commission's needs.

The infringement proceedings were accordingly terminated.


Variations in the numbers of directives applicable are due to the fact that some directives do not apply in all Member States, and the implementation dates can vary from one Member State to another.

SEC(95) 731, final, 10 May 1995, points 83 to 86.

See the 1993 Report.

Case C-315/92 Verband Sozialer Wettbewerb v Clinique Laboratories and Estée Lauder [1994] ECR I-317.

Case C-80/92 Commission v Belgium [1994] ECR I-1019.

Joined Cases C-69/93 and C-258/93 Punto Casa and PPV [1994] ECR I-2355.

Case C-293/93 Houtwipper [1994] ECR I-4249.

Case 220/81 [1982] ECR 2349.

This was the figure at 30 January 1994. The deadline for issuing opinions on draft legislation for 1994 expires on 31 March 1995.

See Commission communication, OJ No C 72, 18. 3. 1988, p. 2.

The Commission subsequently sent the Council a proposal for amendment of Directive 86/378/EEC to bring it into line with Article 119 of the Treaty as interpreted by the Court.


228.

ANNEX I



SUSPECTED INFRINGEMENTS 1990 TO 1994


Table 1.1.

>TABLE>


Table 1.2.

>TABLE>


Table 1.3.

>TABLE>


229.

ANNEX II



ESTABLISHED INFRINGEMENTS 1990 TO 1994


Table 2.1.

>TABLE>


Table 2.2.

>TABLE>


Table 2.3.

>TABLE>


Table 2.4.

>TABLE>


Table 2.5.

>TABLE>


Table 2.6.

>TABLE>


Table 2.7.

>TABLE>


230.

ANNEX III



INFRINGEMENTS OF TREATIES, REGULATIONS AND DECISIONS


External relations

GERMANY

Number: 93/2029

Leg. base: 383R3420; 157E005

Title: Import rules

Dd. ro: Date reasoned opinion sent: 93/04/05

Dd. ref: Date of referral: 93/08/03

Case No: C-93/382

Dd. wd: Date of decision to withdraw proceedings: 94/03/30

NETHERLANDS

Number: 93/2030

Leg. base: 383R3420; 157E005

Title: Import rules

Dd. ro: Date reasoned opinion sent: 93/04/05

Dd. ref: Date of referral: 93/08/03

Case No: C-93/383

Dd. wd: Date of decision to withdraw proceedings: 94/03/30


Competition

BELGIUM

Number: 89/0030

Leg. base: 157E171; 384D0508

Title: Aid for Idealspun/Beaulieu

Dd. ro: Date reasoned opinion sent: 89/08/30

Dd. ref: Date of referral: 89/12/18

Case No: C-89/375

Dd. ju.: Date of judgment: 91/02/19

Ju. for.: Commission

DENMARK

Number: 91/0752

Leg. base: 157E030; 157E037

Title: Exclusive rights in respect of gas

Dd. ro: Date reasoned opinion sent: 92/11/26

Dd. term: Date termination decision: 94/12/13

SPAIN

Number: 91/0755

Leg. base: 157E030; 157E034; 157E037; 157E048

Title: Exclusive rights in respect of electricity

Dd. ro: Date reasoned opinion sent: 92/11/26

Dd. ref: Date of referral: 94/06/15

Case No: C-94/160

FRANCE

Number: 91/0751

Leg. base: 157E037; 157E030; 157E034

Title: Exclusive rights in respect of gas and electricity

Dd. ro: Date reasoned opinion sent: 92/11/26

Dd. ref: Date of referral: 94/06/14

Case No: C-94/159

IRELAND

Number: 91/0756

Leg. base: 157E030; 157E034; 157E037

Title: Exclusive rights in respect of electricity

Dd. ro: Date reasoned opinion sent: 92/11/26

Dd. ref: Date of referral: 94/06/13

Case No: C-94/156

ITALY

Number: 91/0757

Leg. base: 157E030; 157E034; 157E037

Title: Exclusive rights in respect of electricity

Dd. ro: Date reasoned opinion sent: 92/11/26

Dd. ref: Date of referral: 94/06/15

Case No: C-94/158

NETHERLANDS

Number: 91/0759

Leg. base: 157E030; 157E037

Title: Exclusive rights in respect of electricity

Dd. ro: Date reasoned opinion sent: 92/11/26

Dd. ref: Date of referral: 94/06/13

Case No: C-94/157


Employment and social policy

BELGIUM

Number: 87/0207

Leg. base: 157E048; 368R1612

Title: Nationality requirement - posts, telecommunications and broadcasting

Dd. ro: Date reasoned opinion sent: 92/08/06

Number: 87/0208

Leg. base: 157E048; 368R1612

Title: Nationality requirements for access to employment in a university hospital

Dd. ro: Date reasoned opinion sent: 92/08/06

Dd. term: Date termination decision: 94/12/13

Number: 88/0364

Leg. base: 157E048; 368R1612; 371R1408; 683J0249; 684J0122; 683J0261; 673J0187; 674J0039; 675J0007

Title: Covert discrimination as regards welfare benefits and services

Dd. ro: Date reasoned opinion sent: 89/08/28

Dd. ref: Date of referral: 90/10/23

Case No: C-90/326

Dd. ju.: Date of judgment: 92/11/10

Ju. for.: Commission

Number: 89/0457

Leg. base: 157E007; 157E128

Title: Scholarships - discrimination on the basis of nationality

Dd. ro: Date reasoned opinion sent: 91/03/21

Dd. ref: Date of referral: 93/02/17

Case No: C-93/047

Dd. ju.: Date of judgment: 94/05/03

Ju. for.: Commission

Number: 90/0401

Leg. base: 157E048; 368R1612

Title: Access to employment on board ship

Dd. ro: Date reasoned opinion sent: 91/04/23

Dd. ref: Date of referral: 93/02/05

Case No: C-93/037

Dd. ju.: Date of judgment: 93/12/01

Ju. for.: Commission

Dd. term: Date termination decision: 94/12/13

Number: 90/0404

Leg. base: 157E007; 157E048; 157E052; 368R1612

Title: Discrimination regarding study grants for workers

Dd. ro: Date reasoned opinion sent: 93/05/17

Number: 91/0573

Leg. base: 157E048; 368R1612

Title: Access to employment in sea and air transport

Dd. ro: Date reasoned opinion sent: 92/08/06

Number: 91/0574

Leg. base: 157E048; 368R1612

Title: Access to employment in water, gas and electricity distribution

Dd. ro: Date reasoned opinion sent: 92/08/06

Dd. ref: Date of referral: 94/06/22

Case No: C-94/173

Number: 91/2017

Leg. base: 157E045; 368R1612

Title: Equal treatment - Access to employment - Discrimination against children of migrant workers

Dd. ro: Date reasoned opinion sent: 93/08/13

Dd. ref: Date of referral: 94/10/13

Case No: C-94/278

GERMANY

Number: 87/0282

Leg. base: 157E048; 368R1612

Title: Equal treatment - Tax advantages

Dd. ro: Date reasoned opinion sent: 89/03/01

Number: 88/0108

Leg. base: 157E048; 368R1612; 375L0362

Title: Employment offers reserved for doctors having German nationality

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. term: Date termination decision: 94/06/29

Number: 89/0116

Leg. base: 368R1612; 157E048

Title: Taxation of non-residents

Dd. ro: Date reasoned opinion sent: 92/02/19

Number: 90/0179

Leg. base: 157E048; 368R1612; 157E052; 157E059

Title: Equal treatment - Tax advantages

Dd. ro: Date reasoned opinion sent: 94/05/04

Number: 91/0611

Leg. base: 157E048; 368R1612

Title: Access to employment in surface transport

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. term: Date termination decision: 94/06/29

Number: 91/0612

Leg. base: 157E048; 368R1612

Title: Access to employment in research for civilian purposes

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. term: Date termination decision: 94/06/29

Number: 91/0613

Leg. base: 157E048; 368R1612

Title: Access to employment in water distribution

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. term: Date termination decision: 94/06/29

Number: 91/0614

Leg. base: 157E048; 368R1612

Title: Access to employment in posts and telecommunications

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. term: Date termination decision: 94/06/29

Number: 91/0615

Leg. base: 157E048; 368R1612

Title: Equal treatment with German nationals

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. term: Date termination decision: 94/06/29

GREECE

Number: 89/5227

Leg. base: 157E048; 368R1612

Title: Nationality discrimination in respect of employment as cellist at the Athens opera house

Dd. ro: Date reasoned opinion sent: 93/03/03

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 90/4816

Leg. base: 157E048; 368R1612

Title: Nationality discrimination - foreign language teaching

Dd. ro: Date reasoned opinion sent: 93/08/03

Dd. ref: Date of referral: 94/04/27

Case No: C-94/123

Number: 91/0583

Leg. base: 368R1612; 157E048

Title: Nationality discrimination - access to employment in public electricity company

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 91/0584

Leg. base: 368R1612; 157E048

Title: Nationality discrimination - Access to public-sector employment - Doctors in public hospitals

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 91/0585

Leg. base: 157E048; 368R1612

Title: Access to employment in public education

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 91/0586

Leg. base: 157E048; 368R1612

Title: Access to employment in sea and air transport

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 91/0587

Leg. base: 157E048; 368R1612

Title: Access to employment in surface transport

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 91/0588

Leg. base: 157E048; 368R1612

Title: Access to employment in research for civilian purposes

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 91/0589

Leg. base: 157E048; 368R1612

Title: Access to employment in posts, telecommunication and broadcasting

Dd. ro: Date reasoned opinion sent: 92/07/13

Dd. ref: Date of referral: 94/10/26

Case No: C-94/290

Number: 91/4143

Leg. base: 368R1612; 370R1251

Title: Tax-free allowances - imports of motor vehicles by a handicapped person

Dd. ro: Date reasoned opinion sent: 93/03/12

Dd. ref: Date of referral: 94/03/22

Case No: C-94/100

Dd. wd: Date of decision to withdraw proceedings: 94/12/13

SPAIN

Number: 91/0625

Leg. base: 368R0612; 157E048; 157E007

Title: Nationality discrimination - public education

Dd. ro: Date reasoned opinion sent: 92/08/06

Number: 91/0626

Leg. base: 157E048; 368R1612

Title: Access to employment in post, telecommunications and broadcasting

Dd. ro: Date reasoned opinion sent: 92/08/06

Dd. term: Date termination decision: 94/06/29

Number: 91/0628

Leg. base: 157E048; 368R1612

Title: Access to employment in public health

Dd. ro: Date reasoned opinion sent: 92/08/06

Number: 91/0629

Leg. base: 157E048; 368R1612

Title: Access to employment in research for civilian purposes

Dd. ro: Date reasoned opinion sent: 92/08/06

Number: 91/0631

Leg. base: 157E048; 368R1612

Title: Access to employment in air transport

Dd. ro: Date reasoned opinion sent: 92/08/06

Dd. term: Date termination decision: 94/12/13

FRANCE

Number: 90/0284

Leg. base: 157E048; 368R1612; 157E005

Title: Access to employment on board ship

Dd. ro: Date reasoned opinion sent: 91/04/17

Number: 90/2006

Leg. base: 368R1612; 157E048

Title: Nationality discrimination

Dd. ro: Date reasoned opinion sent: 93/05/18

Dd. term: Date termination decision: 94/06/29

Number: 91/0233

Leg. base: 157E048; 368R1612

Title: Access to employment in sea transport and waterway transport

Dd. ro: Date reasoned opinion sent: 92/08/06

Number: 91/2373

Leg. base: 368R1612

Title: Refusal to pay school allowances

Dd. ro: Date reasoned opinion sent: 94/08/04

ITALY

Number: 87/0212

Leg. base: 157E048; 368R1612

Title: Nationality requirement for access to employment in various public establishments

Dd. ro: Date reasoned opinion sent: 92/11/09

Number: 87/0213

Leg. base: 157E048; 368R1612

Title: Nationality requirement for access to employment in public education

Dd. ro: Date reasoned opinion sent: 92/10/15

Number: 90/0361

Leg. base: 157E048; 368R1612

Title: Access to employment on board ship

Dd. ro: Date reasoned opinion sent: 91/07/19

Dd. ref: Date of referral: 94/02/11

Case No: C-94/060

Dd. wd: Date of decision to withdraw proceedings: 94/09/29

Number: 91/0576

Leg. base: 368R1612; 157E048

Title: Nationality discrimination - employment in public gas and water companies

Dd. ro: Date reasoned opinion sent: 92/10/15

Number: 91/0577

Leg. base: 157E048; 368R1612

Title: Access to employment in posts, telecommunications and broadcasting

Dd. ro: Date reasoned opinion sent: 92/10/15

Number: 91/0578

Leg. base: 157E048; 368R1612

Title: Access to employment in air transport

Dd. ro: Date reasoned opinion sent: 92/10/15

Number: 91/0579

Leg. base: 157E048; 368R1612

Title: Access to employment in research for civilian purposes

Dd. ro: Date reasoned opinion sent: 92/10/15

Number: 91/0580

Leg. base: 157E048; 368R1612

Title: Access to employment in urban and regional transport

Dd. ro: Date reasoned opinion sent: 92/10/15

Number: 91/0581

Leg. base: 157E048; 368R1612

Title: Access to employment in sea and waterway transport

Dd. ro: Date reasoned opinion sent: 92/11/09

Number: 91/0582

Leg. base: 157E048; 368R1612

Title: Access to employment in public health

Dd. ro: Date reasoned opinion sent: 92/10/15

Number: 92/4660

Leg. base: 368R1612; 157E048

Title: Conditions of employment of teachers

Dd. ro: Date reasoned opinion sent: 93/12/31

LUXEMBOURG

Number: 87/0420

Leg. base: 157E048; 368R1612

Title: Residence requirements for eligibility for prenatal and maternity benefits

Dd. ro: Date reasoned opinion sent: 90/07/06

Dd. ref: Date of referral: 91/04/15

Case No: C-91/111

Dd. ju.: Date of judgment: 93/03/10

Ju. for.: Commission

Number: 89/0408

Leg. base: 368R1612; 157E048

Title: Income tax act - taxation of non-residents

Dd. ro: Date reasoned opinion sent: 92/02/04

Dd. ref: Date of referral: 94/06/03

Case No: C-94/151

Number: 89/0521

Leg. base: 157E048; 368R1612

Title: Nationality discrimination

Dd. ro: Date reasoned opinion sent: 90/10/23

Dd. ref: Date of referral: 92/04/13

Case No: C-92/118

Dd. ju.: Date of judgment: 94/05/18

Ju. for.: Commission

Number: 91/0222

Leg. base: 157E048; 368R1612

Title: Access to employment in surface transport

Dd. ro: Date reasoned opinion sent: 92/07/14

Dd. ref: Date of referral: 93/12/17

Case No: C-93/473

Number: 91/0223

Leg. base: 157E048; 368R1612

Title: Access to employment in research for civilian purposes

Dd. ro: Date reasoned opinion sent: 92/07/14

Dd. ref: Date of referral: 93/12/17

Case No: C-93/473

Number: 91/0224

Leg. base: 157E048; 368R1612

Title: Access to employment in public education

Dd. ro: Date reasoned opinion sent: 92/07/14

Dd. ref: Date of referral: 93/12/17

Case No: C-93/473

Number: 91/0225

Leg. base: 157E048; 368R1612

Title: Access to employment in posts and telecommunications

Dd. ro: Date reasoned opinion sent: 92/07/14

Dd. ref: Date of referral: 93/12/17

Case No: C-93/473

Number: 91/0226

Leg. base: 157E048; 368R1612

Title: Access to employment in water, gas and electricity distribution

Dd. ro: Date reasoned opinion sent: 92/07/14

Dd. ref: Date of referral: 93/12/17

Case No: C-93/473

Number: 91/0228

Leg. base: 368R1612; 157E048

Title: Nationality discrimination - access to employment as nurses in public hospitals

Dd. ro: Date reasoned opinion sent: 92/07/14

Dd. ref: Date of referral: 93/12/17

Case No: C-93/473


Agriculture

GERMANY

Number: 86/0329

Leg. base: 380R1837; 157E030

Title: Barriers to imports of live sheep

Dd. ro: Date reasoned opinion sent: 88/12/05

Dd. ref: Date of referral: 89/12/22

Case No: C-89/382

Number: 90/0375

Leg. base: 157E030; 381R3796

Title: Imports of live soft-water crayfish

Dd. ro: Date reasoned opinion sent: 90/12/15

Dd. ref: Date of referral: 93/03/31

Case No: C-93/131

Dd. ju.: Date of judgment: 94/07/13

Ju. for.: Commission

Number: 93/2097

Leg. base: 157E030; 391L0497

Title: Barriers to imports of boars from Denmark

Dd. ro: Date reasoned opinion sent: 94/10/05

GREECE

Number: 85/0101

Leg. base: 380R1837, 382R0019; 383R0020; 157E113; 157E030; 157E171

Title: Prices of sheep and goats imported from Hungary

Dd. ro: Date reasoned opinion sent: 86/02/25

Dd. ref: Date of referral: 87/04/15

Case No: C-87/127

FRANCE

Number: 89/0161

Leg. base: 387R0822; 387R0823; 157E085, 362R0017

Title: Strategic stocks of wines held by the Comité interprofessionnel des vins doux

Dd. ro: Date reasoned opinion sent: 90/06/19

Dd. ref: Date of referral: 91/10/04

Case No: C-91/249

Dd. wd: Date of decision to withdraw proceedings: 94/02/09

Number: 91/4135

Leg. base: 384R0857; 390R2138; 390R1183

Title: Reallocation of quotas released

Dd. ro: Date reasoned opinion sent: 92/12/23

Dd. term: Date termination decision: 94/12/13

Number: 91/4811

Leg. base: 389R1576

Title: Sale of a beverage under the name of whisky, contrary to regulations

Dd. ro: Date reasoned opinion sent: 93/10/11

IRELAND

Number: 88/0449

Leg. base: 377L0504; 388D0124; 157E030; 157E171

Title: Import restrictions - semen of bulls and pigs for artificial insemination

Dd. ro: Date reasoned opinion sent: 89/10/12

Dd. ref: Date of referral: 91/09/17

Case No: C-91/235

Dd. ju.: Date of judgment: 92/11/17

Ju. for.: Commission

ITALY

Number: 88/0464

Leg. base: 157E030; 157E036; 373R1641; 381R3796

Title: Restrictions on fish imports

Dd. ro: Date reasoned opinion sent: 90/07/02

Dd. ref: Date of referral: 91/09/11

Case No: C-91/228

Dd. ju.: Date of judgment: 93/05/25

Ju. for.: Commission

Number: 90/0174

Leg. base: 157E030; 157E036; 373R1641; 381R3796

Title: Imports of fruit trees (fire blight) (H)

Dd. ro: Date reasoned opinion sent: 91/03/18

Dd. ref: Date of referral: 92/06/01

Case No: C-92/249

Dd. ju.: Date of judgment: 94/09/20

Ju. for.: Commission

Dd. term: Date termination decision: 94/12/13

Number: 91/4287

Leg. base: 366R0136

Title: Minimum prices for virgin olive-oil cakes

Dd. ro: Date reasoned opinion sent: 93/10/05

UNITED KINGDOM

Number: 91/0541

Leg. base: 157E171

Title: MMB - Restrictions on freedom to sell milk produced

Dd. ro: Date - Envoi - Avis - Motive: 91/09/23

Dd. ref: Date of referral: 92/02/13

Case No: C-92/040

Dd. ju.: Date of judgment: 94/03/24

Ju. for.: Commission

Number: 91/0639

Leg. base: 378R1422; 379R1565

Title: Scottish Pride

Dd. ro: Date reasoned opinion sent: 92/05/07

Dd. term: Date termination decision: 94/06/29

Number: 91/4695

Leg. base: 368R0804; 378R1422

Title: Discrimination by the MMB in distributing trading profits

Dd. ro: Date reasoned opinion sent: 93/06/18

Dd. term: Date termination decision: 94/06/29

Number: 92/2209

Leg. base: 368R0804; 387R1898; 388D0566

Title: Non-conformity of designation 'soya-milk`

Dd. ro: Date reasoned opinion sent: 93/05/11


Transports

BELGIUM

Number: 90/0354

Leg. base: 157E007; 157E048; 157E052, 157E058

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 93/06/04

Number: 91/0600

Leg. base: 386R4055

Title: Cargo-sharing arrangements in BLEU/Togo agreement

Dd. ro: Date reasoned opinion sent: 93/10/11

Number: 91/0601

Leg. base: 386R4055

Title: Cargo-sharing arrangements in agreement with Zaire

Dd. ro: Date reasoned opinion sent: 93/10/11

DENMARK

Number: 90/0355

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221; 157E005

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 94/02/21

GERMANY

Number: 90/0390

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 93/06/30

Dd. term: Date termination decision: 94/12/13

GREECE

Number: 90/0356

Leg. base: 157E007; 157E048; 157E052; 157E221; 157E005

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 93/07/27

SPAIN

Number: 91/0469

Leg. base: 386R4055

Title: Freedom to provide sea transport services between Spain and Gabon

Dd. ro: Date reasoned opinion sent: 94/01/19

FRANCE

Number: 89/0306

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 93/10/11

Dd. ref: Date of referral: 94/12/22

Case No: C-94/334

Number: 90/0469

Leg. base: 386R4055

Title: Tax discrimination - sea transport - dock dues

Dd. ro: Date reasoned opinion sent: 93/01/25

Dd. ref: Date of referral: 93/08/03

Case No: C-93/381

Dd. ju.: Date of judgment: 94/10/05

Ju. for.: Commission

IRELAND

Number: 90/0357

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E005

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 93/06/18

ITALY

Number: 91/2148

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 93/06/30

Number: 92/2100

Leg. base: 391D0523; 157E080

Title: Concessionary rail freight charges

Dd. ro: Date reasoned opinion sent: 93/09/13

Dd. term: Date termination decision: 94/06/29

NETHERLANDS

Number: 90/0358

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221; 157E005

Title: Merchant vessels - flag rights

Dd. ro: Date reasoned opinion sent: 93/06/30


Community staff

BELGIUM

Number: 84/0303

Leg. base: 157F/PRO/PRI; 157E171

Title: Transfer of pension rights

Dd. ro: Date reasoned opinion sent: 79/07/24:

231.

Dd. ref: Date of referral: 80/06/09


Case No: C-80/137

Dd. ju.: Date of judgment: 81/10/19

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 84/07/31

Dd. ro sent 171: Date Art. 171 reasoned opinion sent:

232.

85/05/08


Dd. ref 2: Date of referral-171: 85/11/28

Case No 2: C-85/383

Dd. ju. 2: Date of judgment-171: 89/10/03

Ju. for. 2: Commission

Number: 88/0065

Leg. base: 157E005; 157E171

Title: 50 % reduction in remuneration paid by the Belgian administration to seconded teachers

233.

Dd. ro: Date reasoned opinion sent: 88/07/07


Dd. ref: Date of referral: 89/01/09

Case No: C-89/006

Dd. ju.: Date of judgment: 90/04/05

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 92/10/13

SPAIN

Number: 91/2315

Leg. base: 157E005; 157E011

Title: Transfer of pension rights

Dd. ro: Date reasoned opinion sent: 93/12/13


Environment

GERMANY

Number: 91/0216

Leg. base: 382R3626

Title: Trade in endangered species

Dd. ro: Date reasoned opinion sent: 93/03/31


Fisheries

BELGIUM

Number: 90/0248

Leg. base: 157E007; 157E034; 157E048; 157E052; 157E058; 381R3796; 383R0170

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 93/03/23

DENMARK

Number: 90/0296

Leg. base: 157E007; 157E048; 157E052; 157E067; 157E221

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 94/02/21

Number: 90/0481

Leg. base: 383R0170; 387R3977; 387R2241

Title: Failure to inspect - overfishing 1988

Dd. ro: Date reasoned opinion sent: 92/10/28

GERMANY

Number: 90/0323

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221; 383R0170

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 93/03/11

Dd. term: Date termination decision: 94/11/03

GREECE

Number: 90/0328

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221; 383R0170

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 93/07/27

SPAIN

Number: 87/0405

Leg. base: 382R2057; 385R3777; 386R4034; 157E171

Title: Failure to discharge duty to register catches (ICES divisions)

Dd. ro: Date reasoned opinion sent: 88/10/26

Dd. ref: Date of referral: 89/08/14

Case No: C-89/258

Dd. ju.: Date of judgment: 91/07/25

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 93/07/06

Dd. term: Date termination decision: 94/06/29

Number: 88/0356

Leg. base: 382R2057; 387R2241

Title: Duty to cooperate - fisheries inspection and monitoring

Dd. ro: Date reasoned opinion sent: 89/11/20

FRANCE

Number: 84/0445

Leg. base: 382R2057; 383R0171; 157E171

Title: Fisheries; failure to monitor compliance with technical conservation measures

Dd. ro: Date reasoned opinion sent: 86/11/18

Dd. ref: Date of referral: 88/02/29

Case No: C-88/064

Dd. ju.: Date of judgment: 91/06/11

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 93/10/11

Number: 89/0277

Leg. base: 387R2241; 383R2807

Title: Duty to prosecute infringements of Community logbook rules

Dd. ro: Date reasoned opinion sent: 91/02/20

Dd. ref: Date of referral: 94/02/25

Case No: C-94/075

Dd. wd: Date of decision to withdraw proceedings: 94/09/19

Number: 90/0249

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221; 157E171; 368R1612; 383R0170

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 93/10/18

Dd. ref: Date of referral: 94/12/22

Case No: C-94/334

Number: 90/0418

Leg. base: 387R3977; 383R0170; 387R2241

Title: Failure to inspect - overfishing 1988

Dd. ro: Date reasoned opinion sent: 92/09/29

Number: 91/4509

Leg. base: 390R3926; 383R0170; 387R2241

Title: Overfishing 1991 (Anchovies)

Dd. ro: Date reasoned opinion sent: 94/05/02

IRELAND

Number: 85/0394

Leg. base: 157E052; 157E171

Title: Incompatibility of Fisheries Amendment Act 1983 with Community law

Dd. ro: Date reasoned opinion sent: 86/12/16

Dd. ref: Date of referral: 89/03/21

Case No: C-89/093

Dd. ju.: Date of judgment: 91/10/04

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 93/10/11

Number: 88/0187

Leg. base: 376R0101; 381R3796

Title: Ban on fishing by british vessels in irish waters and related measures

Dd. ro: Date reasoned opinion sent: 89/05/24

Dd. ref: Date of referral: 89/09/12

Case No: C-89/280

Dd. ju.: Date of judgment: 92/12/02

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 94/01/25

Number: 90/0333

Leg. base: 157E007; 157E052; 157E058; 383R0170

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 93/06/18

ITALY

Number: 90/0332

Leg. base: 157E007; 157E048; 157E052; 157E058; 157E221; 383R0170

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 93/03/11

NETHERLANDS

Number: 88/0477

Leg. base: 386R4034; 383R0170; 382R2057

Title: Overfishing 1987

Dd. ro: Date reasoned opinion sent: 91/07/25

Number: 90/0274

Leg. base: 157E007; 157E034; 157E048; 157E052; 157E058; 157E221; 381R3796; 383R0170

Title: Fishing vessels - licensing and flag rights

Dd. ro: Date reasoned opinion sent: 93/03/31

UNITED KINGDOM

Number: 87/0398

Leg. base: 385R3721; 385R3732; 383R0170;

234.

382R2057


Title: Overfishing 1985-1986

Dd. ro: Date reasoned opinion sent: 89/02/09

Number: 89/0087

Leg. base: 157E048; 157E052; 157E059; 157E171

Title: Merchant Shipping Act

Dd. ro: Date reasoned opinion sent: 89/05/29

Dd. ref: Date of referral: 89/08/04

Case No: C-89/246

Dd. ju.: Date of judgment: 91/10/04

Ju. for.: Commission

Dd. term: Date termination decision: 94/03/23


Internal market and financial institutions

BELGIUM

Number: 82/0316

Leg. base: 157E030

Title: Refusal to issue licences for codeine imports

Dd. ro: Date reasoned opinion sent: 83/09/19

Number: 89/0035

Leg. base: 157E030; 157E036

Title: Double checks on imports of sterile medical accessories

Dd. ro: Date reasoned opinion sent: 91/09/30

Dd. ref: Date of referral: 92/09/25

Case No: C-92/373

Dd. ju.: Date of judgment: 93/06/08

Ju. for.: Commission

Number: 89/0228

Leg. base: 157E030; 157E034; 157E036; 157E059; 373L0023

Title: Free movement of wireless telephones

Dd. ro: Date reasoned opinion sent: 89/11/29

Dd. ref: Date of referral: 92/03/12

Case No: C-92/080

Dd. ju.: Date of judgment: 94/03/24

Ju. for.: Commission

Number: 89/0566

Leg. base: 157E007

Title: State compensation for victims of acts of violence

Dd. ro: Date reasoned opinion sent: 91/03/13

Dd. ref: Date of referral: 92/03/12

Case No: C-92/078

Number: 90/0069

Leg. base: 157E052; 157E056; 157E059

Title: Flemish Community decree on cable television

Dd. ro: Date reasoned opinion sent: 91/02/14

Dd. ref: Date of referral: 91/08/08

Case No: C-91/211

Dd. ju.: Date of judgment: 92/12/16

Ju. for.: Commission

Number: 90/0193

Leg. base: 157E171

Title: Restrictions on use of edible gelatine in certain food products

Dd. ro: Date reasoned opinion sent: 91/04/05

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

Case No: C-92/074

Number: 91/0209

Leg. base: 157E052; 157E067

Title: Discriminatory taxation of permanent establishments of foreign companies

Dd. ro: Date reasoned opinion sent: 93/09/16

DENMARK

Number: 91/0782

Leg. base: 157E005; 157E030; 157E036

Title: Imports of enzyme preparations

Dd. ro: Date reasoned opinion sent: 93/07/12

GERMANY

Number: 88/0061

Leg. base: 157E030

Title: Importation of medicines by individuals for personal use

Dd. ro: Date reasoned opinion sent: 88/11/23

Dd. ref: Date of referral: 90/03/13

Case No: C-90/062

Dd. ju.: Date of judgment: 92/04/08

Ju. for.: Commission

Dd. term: Date termination decision: 94/12/13

Number: 88/0189

Leg. base: 157E030

Title: Ban on cosmetics advertising

Dd. ro: Date reasoned opinion sent: 93/06/03

Number: 88/5144

Leg. base: 157E030

Title: Imports of dietary products

Dd. ro: Date reasoned opinion sent: 94/03/28

Number: 89/0082

Leg. base: 157E030

Title: Discrimination against imported fruit and vegetables

Dd. ro: Date reasoned opinion sent: 94/07/15

Number: 89/0104

Leg. base: 157E030

Title: Imports of flame-arresters

Dd. ro: Date reasoned opinion sent: 90/11/30

GREECE

Number: 87/0113

Leg. base: 157E059; 157E171

Title: Restrictions on freedom to provide services as tourist guides

Dd. ro: Date reasoned opinion sent: 88/04/20

Dd. ref: Date of referral: 89/06/20

Case No: C-89/198

Dd. ju.: Date of judgment: 91/02/26

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 92/05/18

Number: 89/0165

Leg. base: 157E052; 157E059; 157E171

Title: Nationality requirement for opening private schools

Date 171 letter: Date Art. 171 letter sent: 89/05/26

Dd. ro sent 171: Date Art. 171 reasoned opinion sent:

235.

90/01/22


Dd. ref 2: Date of referral-171: 90/10/24

Case No 2: C-90/328

Dd. ju. 2: Date of judgment-171: 92/01/30

Ju. for. 2: Commission

Number: 89/0354

Leg. base: 157E030; 157E036

Title: Sale of baby foods exclusively through pharmacists

Dd. ro: Date reasoned opinion sent: 91/10/28

Dd. ref: Date of referral: 92/11/09

Case No: C-92/391

SPAIN

Number: 90/0265

Leg. base: 157E056; 157E059

Title: Freedom to provide services - Cinema industry

Dd. ro: Date reasoned opinion sent: 91/06/07

Dd. term: Date termination decision: 94/03/23

Number: 90/0388

Leg. base: 157E005; 157E048; 157E052; 157E059

Title: Restrictions on freedom to provide services as tourist guides

Dd. ro: Date reasoned opinion sent: 91/10/14

Dec. to refer: Date of decision to refer: 92/06/10: PV i 1109

236.

Dd. ref: Date of referral: 92/10/01


Case No: C-92/375

Dd. ju.: Date of judgment: 94/03/22

Ju. for.: Commission

FRANCE

Number: 85/0269

Leg. base: 157E030

Title: Refusal to issue import licences for codeine

Dd. ro: Date reasoned opinion sent: 87/11/12

Number: 85/0499

Leg. base: 380D1186; 386D0283; 157E171; 391D0482

Title: Freedom of establishment and freedom to provide services in the overseas territories

Dd. ro: Date reasoned opinion sent: 87/05/27

Dd. ref: Date of referral: 88/09/23

Case No: C-88/263

Dd. ju.: Date of judgment: 90/12/12

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 92/06/05

Number: 86/0432

Leg. base: 157E059; 157E171

Title: Restrictions on freedom to provide services as tourist guides

Dd. ro: Date reasoned opinion sent: 88/05/02

Dd. ref: Date of referral: 89/04/28

Case No: C-89/154

Dd. ju.: Date of judgment: 91/02/26

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 92/05/18

Number: 89/0574

Leg. base: 157E030

Title: Ban on use of designation 'snails` for african giant snails

237.

Dd. ro: Date reasoned opinion sent: 91/04/05


Dd. term: Date termination decision: 94/12/13

Number: 89/0576

Leg. base: 157E030

Title: Approval of tanks for the transport of dangerous substances

Dd. ro: Date reasoned opinion sent: 92/06/17

Number: 90/0037

Leg. base: 157E005; 157E052; 157E059; 157E048

Title: Estate agents' permits

Dd. ro: Date reasoned opinion sent: 92/12/10

Number: 90/4125

Leg. base: 364L0221

Title: Right of residence for students

Dd. ro: Date reasoned opinion sent: 93/06/14

Dd. term: Date termination decision: 94/06/29

Number: 93/2222

Leg. base: 157E030; 157E036

Title: Preparations based on foie gras

Dd. ro: Date reasoned opinion sent: 94/10/14

Number: 93/2261

Leg. base: 157E030; 157E036

Title: Barriers to entry of leavened bread

Dd. ro: Date reasoned opinion sent: 94/10/19

IRELAND

Number: 89/0335

Leg. base: 157E030

Title: Tobacco price rules

Dd. ro: Date reasoned opinion sent: 90/07/12

ITALY

Number: 87/0071

Leg. base: 157E059; 157E171

Title: Restrictions on freedom to provide services as tourist guides

Dd. ro: Date reasoned opinion sent: 88/04/20

Dd. ref: Date of referral: 89/05/25

Case No: C-89/180

Dd. ju.: Date of judgment: 91/02/26

Ju. for.: Commission

Number: 87/0424

Leg. base: 157E030; 371R2358

Title: Import licences for exploitation of vegetable varieties and patents

Dd. ro: Date reasoned opinion sent: 89/02/10

Dd. ref: Date of referral: 89/07/28

Case No: C-89/235

Dd. ju.: Date of judgment: 92/02/18

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 93/10/05

Dd. term: Date termination decision: 94/06/29

Number: 88/0373

Leg. base: 157E052; 157E059; 157E171

Title: Nationality requirement (guides, journalists, dispensing pharmacists)

Dd. ro: Date reasoned opinion sent: 89/11/21

Dd. ref: Date of referral: 90/10/01

Case No: C-90/297

Number: 89/0534

Leg. base: 157E030; 157E036; 377L0094

Title: Procedure for authorizing dietary products

Dd. ro: Date reasoned opinion sent: 91/11/25

Number: 90/0397

Leg. base: 157E030

Title: Marketing of wholemeal bread

Dd. ro: Date reasoned opinion sent: 91/03/18

Number: 91/0315

Leg. base: 157E048; 157E052; 157E059

Title: Refusal of permit to open a private detective agency

Dd. ro: Date reasoned opinion sent: 92/05/18

Dec. to refer: Date of decision to refer: 92/12/23

Dd. ref: Date of referral: 93/06/28

Case No: C-93/331

Dd. wd: Date of decision to withdraw proceedings: 94/06/28

Number: 91/0710

Leg. base: 157E030; 157E036

Title: Public procurement: simplified procedure favouring national firms

Dd. ro: Date reasoned opinion sent: 92/04/10

Dd. term: Date termination decision: 94/06/29

Number: 91/0835

Leg. base: 157E052; 157E059

Title: Financial services - Società intermediazione mobiliare

Dd. ro: Date reasoned opinion sent: 92/10/19

Dd. ref: Date of referral: 94/03/23

Case No: C-94/101

Number: 91/2159

Leg. base: 157E030

Title: Subsidies for scheduled bus services

Dd. ro: Date reasoned opinion sent: 93/10/18

Number: 91/4303

Leg. base: 157E030

Title: Supply contracts

Dd. ro: Date reasoned opinion sent: 93/06/18

LUXEMBOURG

Number: 89/0106

Leg. base: 157E048; 157E052

Title: Refusal of Permission to open a second dental surgery

Dd. ro: Date reasoned opinion sent: 89/11/21

Dd. ref: Date of referral: 90/11/29

Case No: C-90/351

Dd. ju.: Date of judgment: 92/06/16

Ju. for.: Commission

Date 171 letter: Date Art. 171 letter sent: 93/07/27

Number: 89/0568

Leg. base: 157E007

Title: State compensation for victims of acts of violence

Dd. ro: Date reasoned opinion sent: 91/02/08

Dd. ref: Date of referral: 92/03/24

Case No: C-92/096

PORTUGAL

Number: 90/0178

Leg. base: 157E030

Title: Compulsory patent licences

Dd. ro: Date reasoned opinion sent: 91/06/04

Number: 91/2314

Leg. base: 157E052; 157E221

Title: Pursuit of activities in television broadcasting

Dd. ro: Date reasoned opinion sent: 94/07/14

UNITED KINGDOM

Number: 82/0320

Leg. base: 157E030

Title: Refusal to issue import licences for codeine

Dd. ro: Date reasoned opinion sent: 83/09/06

Number: 89/0034

Leg. base: 157E030

Title: Patent licences

Dd. ro: Date reasoned opinion sent: 89/08/28

Dd. ref: Date of referral: 90/01/31

Case No: C-90/030

Dd. ju.: Date of judgment: 92/02/18

Ju. for.: Commission


Budgets

SPAIN

Number: 92/2106

Leg. base: 377R2891; 388R1990

Title: Interest on late payments

Dd. ro: Date reasoned opinion sent: 93/10/18

Dd. term: Date termination decision: 94/06/29


Customs union and indirect taxation

BELGIUM

Number: 84/0342

Leg. base: 157E009; 157E028; 368R0950

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 85/07/25

DENMARK

Number: 84/0343

Leg. base: 157E009; 157E028; 368R0950

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 85/07/25

GERMANY

Number: 91/0559

Leg. base: 385R1999; 386R3677

Title: Inward processing

Dd. ro: Date reasoned opinion sent: 93/02/03

Dd. ref: Date of referral: 94/02/14

Case No: C-94/0761

GREECE

Number: 86/0126

Leg. base: 157E009; 157E028; 368R0950

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 90/05/02

Number: 88/0369

Leg. base: 157E095; 157E171

Title: Taxes on imported cars

Dd. ro: Date reasoned opinion sent: 89/07/07

Dd. ref: Date of referral: 90/10/24

Case No: C-90/327

Dd. ju.: Date of judgment: 92/05/12

Ju. for.: Commission

Dd. term: Date termination decision: 94/06/29

Number: 91/0779

Leg. base: 157E095

Title: Taxes on secondhand cars

Dd. ro: Date reasoned opinion sent: 93/09/07

SPAIN

Number: 90/0078

Leg. base: 387R2658; 157E028

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 92/12/31

FRANCE

Number: 89/0063

Leg. base: 157E095

Title: Threat to confiscate vehicle

Dd. ro: Date reasoned opinion sent: 90/07/26

Dd. ref: Date of referral: 91/12/25

Case No: C-91/276

Dd. ju.: Date of judgment: 93/08/02

Ju. for.: Commission

Dd. term: Date termination decision: 94/06/29

ITALY

Number: 84/0345

Leg. base: 157E009; 157E028; 368R0950

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 85/07/25

Number: 87/0158

Leg. base: 157E009; 157E012

Title: Veterinary services' telegram charges invoiced to importers of live animals

Dd. ro: Date reasoned opinion sent: 87/10/14

Dd. ref: Date of referral: 89/04/21

Case No: C-89/137

Dd. ju.: Date of judgment: 90/03/14

Ju. for.: Commission

Number: 90/0253

Leg. base: 157E007; 157E030; 157E034; 157E059; 385R3632; 377R0222

Title: Monopoly and charges

Dd. ro: Date reasoned opinion sent: 91/04/16

Dd. ref: Date of referral: 92/04/14

Case No: C-92/119

Dd. ju.: Date of judgment: 94/02/09

Ju. for.: Commission

Number: 92/2001

Leg. base: 377R0222; 387R2658

Title: Transit - Guarantees and flat-rate customs duties

Dd. ro: Date reasoned opinion sent: 93/11/15

LUXEMBOURG

Number: 84/0346

Leg. base: 157E009; 157E028; 368R0950

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 85/07/25

NETHERLANDS

Number: 83/0189

Leg. base: 157E095; 157E096

Title: Excise duty on beer

Dd. ro: Date reasoned opinion sent: 87/02/02

Dd. ref: Date of referral: 89/09/14

Case No: C-89/282

Number: 84/0347

Leg. base: 157E009; 157E028; 368R0950

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 85/07/25

PORTUGAL

Number: 89/0093

Leg. base: 157E095

Title: Differential taxation of cars

Dd. ro: Date reasoned opinion sent: 90/08/02

Dd. term: Date termination decision: 94/06/29

Number: 90/0079

Leg. base: 387R2658; 157E028

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 93/01/20

UNITED KINGDOM

Number: 84/0126

Leg. base: 377R1535

Title: Civil aircraft imported duty-free and subsequently used as military aircraft

Dd. ro: Date reasoned opinion sent: 85/06/06

Number: 84/0344

Leg. base: 157E009; 157E028; 368R0950

Title: Duty-free imports of non-military equipment

Dd. ro: Date reasoned opinion sent: 85/07/25


Enterprise policy, tourism and cooperatives

SPAIN

Number: 87/0352

Leg. base: 157E059; 157E048; 157E052; 157E007

Title: Discrimination in museum admission charges

Dd. ro: Date reasoned opinion sent: 88/07/08

Dd. ref: Date of referral: 93/02/16

Case No: C-93/045

Dd. ju.: Date of judgment: 94/03/15

Ju. for.: Commission


Legal matters

LUXEMBOURG

Number: 88/0309

Leg. base: 386D0198

Title: Privileged treatment for claims relating to ECSC levies

Dd. ro: Date reasoned opinion sent: 89/06/28


ANNEX IV


REPORT ON THE APPLICATION OF DIRECTIVES

238.

62/2005


Carriage of goods by road

Member States which have notified implementing measures: all

239.

62/2645


Foodstuffs for human consumption - colouring matter

Member States which have notified implementing measures: all

240.

63/0261


Freedom of establishment for agricultural workers

Member States which have notified implementing measures: all

241.

63/0262


Freedom of establishment on abandoned agricultural holdings

Member States which have notified implementing measures: all

242.

64/0054


Foodstuffs for human consumption - preservatives

Member States which have notified implementing measures: all

243.

64/0221


Public policy and public health

Member States which have notified implementing measures: all

244.

64/0222


Wholesale trade and intermediaries in commerce, industry and small craft industries (transitional measures)

Member States which have notified implementing measures: all

245.

64/0223


Freedom of establishment - wholesale trade

Member States which have notified implementing measures: all

246.

64/0224


Freedom of establishment - intermediaries in commerce, industry and small craft industries

Member States which have notified implementing measures: all

247.

64/0225


Freedom of establishment

Member States which have notified implementing measures: all

248.

64/0427


Industry and small craft industries (transitional measures)

Member States which have notified implementing measures: all

249.

64/0428


Mining and quarrying

Member States which have notified implementing measures: all

250.

64/0429


Freedom of establishment - industry and small craft industries

Member States which have notified implementing measures: all

251.

64/0432


Health problems - trade in animals

Member States which have notified implementing measures: all

252.

64/0433


Health problems - trade in meat

Member States which have notified implementing measures: all

253.

65/0001


Freedom to provide services - agriculture

Member States which have notified implementing measures: all

254.

65/0065


Proprietary medicinal products

Member States which have notified implementing measures: all

255.

65/0066


Foodstuffs for human consumption - preservatives

Member States which have notified implementing measures: all

256.

66/0162


Freedom of establishment - electricity, gas, water and sanitary services

Member States which have notified implementing measures: all

257.

66/0400


Beet seed

Member States which have notified implementing measures: all

258.

66/0401


Fodder-plant seed

Member States which have notified implementing measures: all

259.

66/0402


Cereal seed

Member States which have notified implementing measures: all

260.

66/0403


Seed potatoes

Member States which have notified implementing measures: all

261.

66/0404


Forest reproductive material

Member States which have notified implementing measures: all

262.

66/0600


Health problems - trade in animals

Member States which have notified implementing measures: all

263.

67/0043


Freedom of establishment - real estate agents

Member States which have notified implementing measures: all

264.

67/0227


First VAT Directive

Member States which have notified implementing measures: all

265.

67/0427


Additives in foodstuffs

Member States which have notified implementing measures: all

266.

67/0530


Freedom for farmers to transfer from one holding to another

Member States which have notified implementing measures: all

267.

67/0531


Agricultural leases

Member States which have notified implementing measures: all

268.

67/0532


Agriculture - freedom of access to cooperatives

Member States which have notified implementing measures: all

269.

67/0548


Labelling of dangerous substances

Member States which have notified implementing measures: all

270.

67/0654


Freedom of establishment - forestry

Member States which have notified implementing measures: all

271.

68/0089


Classification of wood in the rough

Member States which have notified implementing measures: all

272.

68/0151


First Directive on company law

Member States which have notified implementing measures: all

>TABLE>

273.

68/0192


Freedom of access to credit for farmers

Member States which have notified implementing measures: all

274.

68/0193


Material for the propagation of vines

Member States which have notified implementing measures: all

275.

68/0360


Movement and residence of workers

Member States which have notified implementing measures: all

276.

68/0363


Freedom of establishment - retail trade

Member States which have notified implementing measures: all

277.

68/0364


Retail trade (transitional measures)

Member States which have notified implementing measures: all

278.

68/0365


Freedom of establishment - food-manufacturing industries

Member States which have notified implementing measures: all

279.

68/0366


Food-manufacturing industries

Member States which have notified implementing measures: all

280.

68/0367


Freedom of establishment - personal services

Member States which have notified implementing measures: all

281.

68/0368


Personal services (transitional measures)

Member States which have notified implementing measures: all

282.

68/0369


Freedom of establishment - film distribution

Member States which have notified implementing measures: all

283.

68/0414


Crude-oil stocks

Member States which have notified implementing measures: all

284.

68/0415


Freedom of access to aid for farmers

Member States which have notified implementing measures: all

285.

69/0060


Cereal seed

Member States which have notified implementing measures: all

286.

69/0061


Beet seed

Member States which have notified implementing measures: all

287.

69/0062


Seed potatoes

Member States which have notified implementing measures: all

288.

69/0063


Fodder-plant seed

Member States which have notified implementing measures: all

289.

69/0064


Reproductive material

Member States which have notified implementing measures: all

290.

69/0077


Activities of the self-employed in the manufacturing and processing industries

Member States which have notified implementing measures: all

291.

69/0081


Labelling of dangerous substances

Member States which have notified implementing measures: all

292.

69/0082


Activities of the self-employed in oil and gas exploration

Member States which have notified implementing measures: all

293.

69/0169


Tax-free allowances for travellers

Member States which have notified implementing measures: all

294.

69/0208


Seed of oil and fibre plants

Member States which have notified implementing measures: all

295.

69/0335


Indirect taxes on the raising of capital

Member States which have notified implementing measures: all

296.

69/0464


Control of potato wart disease

Member States which have notified implementing measures: all

297.

69/0465


Control of potato cyst eelworm

Member States which have notified implementing measures: all

298.

69/0466


Control of San José scale

Member States which have notified implementing measures: all

299.

69/0493


Crystal glass

Member States which have notified implementing measures: all

300.

70/0156


Type-approval of motor vehicles

Member States which have notified implementing measures: all

301.

70/0157


Sound level of motor vehicles

Member States which have notified implementing measures: all

302.

70/0189


Labelling of dangerous substances

Member States which have notified implementing measures: all

303.

70/0220


Air pollution from engines

Member States which have notified implementing measures: all

304.

70/0221


Fuel tanks

Member States which have notified implementing measures: all

305.

70/0222


Mounting of motor-vehicle registration plates

Member States which have notified implementing measures: all

306.

70/0311


Steering equipment for motor vehicles

Member States which have notified implementing measures: all

307.

70/0357


Foodstuffs for human consumption - additives

Member States which have notified implementing measures: all

308.

70/0373


Feedingstuffs - official control

Member States which have notified implementing measures: all

309.

70/0387


Doors of motor vehicles

Member States which have notified implementing measures: all

310.

70/0388


Audible warning devices for motor vehicles

Member States which have notified implementing measures: all

311.

70/0451


Freedom of establishment - film production

Member States which have notified implementing measures: all

312.

70/0457


Common catalogue of varieties of plant species

Member States which have notified implementing measures: all

313.

70/0458


Vegetable seed

Member States which have notified implementing measures: all

314.

70/0522


Freedom of establishment - wholesale coal trade

Member States which have notified implementing measures: all

315.

70/0523


Wholesale coal trade (transitional measures)

Member States which have notified implementing measures: all

316.

70/0524


Feedingstuffs - additives

Member States which have notified implementing measures: all

317.

71/0018


Freedom of establishment - agriculture and horticulture

Member States which have notified implementing measures: all

318.

71/0118


Health problems - trade in poultrymeat

Member States which have notified implementing measures: all

319.

71/0127


Rear-view mirrors of motor vehicles

Member States which have notified implementing measures: all

320.

71/0140


Material for the propagation of vines

Member States which have notified implementing measures: all

321.

71/0161


Forest reproductive material

Member States which have notified implementing measures: all

322.

71/0162


Seed

Member States which have notified implementing measures: all

323.

71/0250


Feedingstuffs - official control

Member States which have notified implementing measures: all

324.

71/0285


Health problems - trade in animals

Member States which have notified implementing measures: all

325.

71/0305


Public works contracts (amended by Directive 89/0440)

Member States which have notified implementing measures: all

>TABLE>

326.

71/0307


Textile names

Member States which have notified implementing measures: all

>TABLE>

327.

71/0316


Measuring instruments

Member States which have notified implementing measures: all

328.

71/0317


Medium accuracy weights

Member States which have notified implementing measures: all

329.

71/0318


Gas volume meters

Member States which have notified implementing measures: all

330.

71/0319


Meters for liquids

Member States which have notified implementing measures: all

331.

71/0320


Braking devices of motor vehicles

Member States which have notified implementing measures: all

332.

71/0347


Measuring of grain

Member States which have notified implementing measures: all

333.

71/0348


Meters for liquids

Member States which have notified implementing measures: all

334.

71/0349


Calibration of the tanks of vessels

Member States which have notified implementing measures: all

335.

71/0393


Feedingstuffs - official control

Member States which have notified implementing measures: all

336.

72/0166


First Directive on insurance for motor vehicles

Member States which have notified implementing measures: all

337.

72/0168


Vegetable varieties

Member States which have notified implementing measures: all

338.

72/0169


Vine varieties

Member States which have notified implementing measures: all

339.

72/0180


Agricultural varieties

Member States which have notified implementing measures: all

340.

72/0194


Right to reside in the Member States

Member States which have notified implementing measures: all

341.

72/0199


Feedingstuffs - official controls

Member States which have notified implementing measures: all

342.

72/0245


Radio interference from engines

Member States which have notified implementing measures: all

343.

72/0274


Seed

Member States which have notified implementing measures: all

344.

72/0275


Feedingstuffs - official control

Member States which have notified implementing measures: all

345.

72/0276


Analysis of textile fibres

Member States which have notified implementing measures: all

346.

72/0306


Emission of pollutants from diesel engines

Member States which have notified implementing measures: all

347.

72/0418


Seed

Member States which have notified implementing measures: all

348.

72/0425


Oil stocks

Member States which have notified implementing measures: all

349.

72/0426


Carriage of goods by road

Member States which have notified implementing measures: all

350.

72/0427


Measuring instruments

Member States which have notified implementing measures: all

351.

72/0445


Health problems - trade in live animals

Member States which have notified implementing measures: all

352.

72/0461


Health problems - trade in meat

Member States which have notified implementing measures: all

353.

72/0462


Health problems - animals and meat from non-member countries

Member States which have notified implementing measures: all

354.

72/0464


Taxes on manufactured tobacco

Member States which have notified implementing measures: all

>TABLE>

355.

73/0023


Electrical equipment - low tension

Member States which have notified implementing measures: all

356.

73/0044


Analysis of textile fibres

Member States which have notified implementing measures: all

357.

73/0046


Feedingstuffs - official control

Member States which have notified implementing measures: all

358.

73/0047


Feedingstuffs - official control

Member States which have notified implementing measures: all

359.

73/0146


Labelling of dangerous substances

Member States which have notified implementing measures: all

360.

73/0148


Movement and residence of nationals of the Member States

Member States which have notified implementing measures: all

361.

73/0150


Health problems - trade in live animals

Member States which have notified implementing measures: all

362.

73/0183


Freedom of establishment for banks

Member States which have notified implementing measures: all

363.

73/0238


Oil supply difficulties

Member States which have notified implementing measures: all

364.

73/0239


First Directive on insurance other than life assurance

Member States which have notified implementing measures: all

365.

73/0241


Cocoa and chocolate

Member States which have notified implementing measures: all

366.

73/0350


Sound level of motor vehicles

Member States which have notified implementing measures: all

367.

73/0360


Weighing instruments

Member States which have notified implementing measures: all

368.

73/0361


Marking of wire-ropes, chains and hooks

Member States which have notified implementing measures: all

369.

73/0362


Measures of length

Member States which have notified implementing measures: all

370.

73/0404


Detergents

Member States which have notified implementing measures: all

371.

73/0405


Detergents

Member States which have notified implementing measures: all

372.

73/0437


Sugars

Member States which have notified implementing measures: all

373.

73/0438


Seed

Member States which have notified implementing measures: all

374.

74/0013


Forest reproductive material

Member States which have notified implementing measures: all

375.

74/0060


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

376.

74/0061


Devices to prevent the unauthorized use of motor vehicles

Member States which have notified implementing measures: all

377.

74/0063


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

378.

74/0132


Braking devices of motor vehicles

Member States which have notified implementing measures: all

379.

74/0148


Weights of above-medium accuracy

Member States which have notified implementing measures: all

380.

74/0149


Carriage of goods by road

Member States which have notified implementing measures: all

381.

74/0150


Type-approval of tractors

Member States which have notified implementing measures: all

382.

74/0151


Characteristics of tractors

Member States which have notified implementing measures: all

383.

74/0152


Maximum speed of tractors

Member States which have notified implementing measures: all

384.

74/0203


Feedingstuffs - official control

Member States which have notified implementing measures: all

385.

74/0268


Fodder-plant and cereal seed

Member States which have notified implementing measures: all

386.

74/0290


Air pollution from engines

Member States which have notified implementing measures: all

387.

74/0297


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

388.

74/0329


Foodstuffs for human consumption - additives

Member States which have notified implementing measures: all

389.

74/0331


Gas volume meters

Member States which have notified implementing measures: all

390.

74/0346


Rear-view mirrors of tractors

Member States which have notified implementing measures: all

391.

74/0347


Windscreen wipers of tractors

Member States which have notified implementing measures: all

392.

74/0408


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

393.

74/0409


Honey

Member States which have notified implementing measures: all

394.

74/0483


External projections of motor vehicles

Member States which have notified implementing measures: all

395.

74/0556


Toxic products (transitional measures)

Member States which have notified implementing measures: all

396.

74/0557


Freedom of establishment - toxic products

Member States which have notified implementing measures: all

397.

74/0561


Carriage of goods by road

Member States which have notified implementing measures: all

398.

74/0562


Admission to the occupation of road passenger transport operator

Member States which have notified implementing measures: all

399.

74/0577


Stunning of animals before slaughter

Member States which have notified implementing measures: all

400.

74/0647


Control of carnation leaf-rollers

Member States which have notified implementing measures: all

401.

74/0648


Material for the propagation of vines

Member States which have notified implementing measures: all

402.

74/0649


Material for the propagation of vines

Member States which have notified implementing measures: all

403.

75/0033


Water meters

Member States which have notified implementing measures: all

404.

75/0084


Feedingstuffs - official control

Member States which have notified implementing measures: all

405.

75/0106


Prepackaged liquids

Member States which have notified implementing measures: all

406.

75/0107


Bottles used as measuring containers

Member States which have notified implementing measures: all

407.

75/0117


Equal pay for men and women

Member States which have notified implementing measures: all

>TABLE>

408.

75/0129


Collective redundancies

Member States which have notified implementing measures: all

>TABLE>

409.

75/0318


Proprietary medicinal products - analytical standards and protocols

Member States which have notified implementing measures: all

410.

75/0319


Proprietary medicinal products

Member States which have notified implementing measures: all

411.

75/0321


Steering equipment of tractors

Member States which have notified implementing measures: all

412.

75/0322


Radio interference from tractors

Member States which have notified implementing measures: all

413.

75/0324


Aerosols

Member States which have notified implementing measures: all

414.

75/0339


Fossil fuel stocks

Member States which have notified implementing measures: all

415.

75/0362


Mutual recognition of medical qualifications

Member States which have notified implementing measures: all

>TABLE>

416.

75/0363


Activities of doctors

Member States which have notified implementing measures: all

>TABLE>

417.

75/0368


Freedom of establishment - various activities

Member States which have notified implementing measures: all

418.

75/0369


Freedom of establishment - itinerant activities

Member States which have notified implementing measures: all

419.

75/0405


Use of petroleum products in power stations

Member States which have notified implementing measures: all

420.

75/0409


Labelling of dangerous substances

Member States which have notified implementing measures: all

421.

75/0410


Continuous totalizing weighing machines

Member States which have notified implementing measures: all

422.

75/0439


Disposal of waste oils

Member States which have notified implementing measures: all

>TABLE>

423.

75/0440


Surface water

Member States which have notified implementing measures: all

>TABLE>

424.

75/0442


Waste

Member States which have notified implementing measures: all

>TABLE>

425.

75/0443


Reverse equipment of motor vehicles

Member States which have notified implementing measures: all

426.

75/0444


Seed

Member States which have notified implementing measures: all

427.

75/0445


Forest reproductive material

Member States which have notified implementing measures: all

428.

75/0502


Meadowgrass seed

Member States which have notified implementing measures: all

429.

75/0524


Braking devices of motor vehicles

Member States which have notified implementing measures: all

430.

75/0716


Sulphur content of liquid fuel

Member States which have notified implementing measures: all

431.

75/0726


Fruit juices

Member States which have notified implementing measures: all

432.

76/0014


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

433.

76/0114


Motor-vehicle registration plates

Member States which have notified implementing measures: all

434.

76/0115


Safety belts

Member States which have notified implementing measures: all

435.

76/0116


Fertilizers

Member States which have notified implementing measures: all

436.

76/0117


Electrical equipment

Member States which have notified implementing measures: all

437.

76/0118


Preserved milk

Member States which have notified implementing measures: all

438.

76/0135


Inland waterway vessels

Member States which have notified implementing measures: all

439.

76/0160


Bathing water

Member States which have notified implementing measures: all

>TABLE>

440.

76/0207


Equal treatment of men and women

Member States which have notified implementing measures: B, DK, D, EL, E, IRL, I, L, NL, P, UK

>TABLE>

441.

76/0211


Prepackaged products

Member States which have notified implementing measures: all

442.

76/0308


Mutual assistance - debt recovery

Member States which have notified implementing measures: all

443.

76/0331


Beet seed

Member States which have notified implementing measures: all

444.

76/0371


Feedingstuffs - official control

Member States which have notified implementing measures: all

445.

76/0372


Feedingstuffs - official control

Member States which have notified implementing measures: all

446.

76/0403


Disposal of PCBs

Member States which have notified implementing measures: all

447.

76/0432


Braking devices of tractors

Member States which have notified implementing measures: all

448.

76/0434


Marking of wire-ropes, chains and hooks

Member States which have notified implementing measures: all

449.

76/0464


Dangerous substances in the sea

Member States which have notified implementing measures: all

>TABLE>

450.

76/0491


Information on oil prices

Member States which have notified implementing measures: all

451.

76/0621


Foodstuffs for human consumption - oils and fats

Member States which have notified implementing measures: all

452.

76/0696


Non-automatic weighing machines

Member States which have notified implementing measures: all

453.

76/0756


Lighting and light-signalling devices on motor vehicles

Member States which have notified implementing measures: all

454.

76/0757


Reflex reflectors for motor vehicles

Member States which have notified implementing measures: all

455.

76/0758


Lamps for motor vehicles

Member States which have notified implementing measures: all

456.

76/0759


Lamps for motor vehicles

Member States which have notified implementing measures: all

457.

76/0760


Registration-plate lamps for motor vehicles

Member States which have notified implementing measures: all

458.

76/0761


Headlamps for motor vehicles

Member States which have notified implementing measures: all

459.

76/0762


Lamps for motor vehicles

Member States which have notified implementing measures: all

460.

76/0763


Seats for tractors

Member States which have notified implementing measures: all

461.

76/0764


Thermometers

Member States which have notified implementing measures: all

462.

76/0765


Alcoholometers

Member States which have notified implementing measures: all

463.

76/0766


Alcohol tables

Member States which have notified implementing measures: all

464.

76/0767


Pressure vessels

Member States which have notified implementing measures: all

465.

76/0768


Cosmetics

Member States which have notified implementing measures: all

>TABLE>

466.

76/0769


Dangerous substances and preparations

Member States which have notified implementing measures: all

467.

76/0891


Electrical energy meters

Member States which have notified implementing measures: all

468.

76/0895


Pesticide residues in fruit and vegetables

Member States which have notified implementing measures: all

469.

76/0907


Labelling of dangerous substances

Member States which have notified implementing measures: all

470.

76/0914


Training for road transport drivers

Member States which have notified implementing measures: all

471.

76/0934


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

472.

77/0062


Public supply contracts (amended by Directive 88/0295)

Member States which have notified implementing measures: all

>TABLE>

473.

77/0091


Second company law Directive

Member States which have notified implementing measures: all

474.

77/0092


Freedom of establishment - insurance brokers

Member States which have notified implementing measures: all

>TABLE>

475.

77/0093


Organisms harmful to plants

Member States which have notified implementing measures: all

>TABLE>

476.

77/0095


Taximeters

Member States which have notified implementing measures: all

477.

77/0096


Health problems - import of meat

Member States which have notified implementing measures: all

478.

77/0098


Health problems - trade in animals

Member States which have notified implementing measures: all

479.

77/0099


Health problems - meat products

Member States which have notified implementing measures: all

480.

77/0101


Straight feedingstuffs

Member States which have notified implementing measures: all

481.

77/0102


Air pollution from engines

Member States which have notified implementing measures: all

482.

77/0143


Roadworthiness tests for motor vehicles

Member States which have notified implementing measures: all

483.

77/0158


Carriage of goods by road

Member States which have notified implementing measures: all

484.

77/0187


Safeguarding of employees' rights in the event of the transfer of firms

Member States which have notified implementing measures: all

>TABLE>

485.

77/0212


Sound level of motor vehicles

Member States which have notified implementing measures: all

486.

77/0249


Lawyers

Member States which have notified implementing measures: all

487.

77/0311


Sound level of tractors

Member States which have notified implementing measures: all

488.

77/0313


Measures of liquids

Member States which have notified implementing measures: all

489.

77/0388


Sixth VAT Directive

Member States which have notified implementing measures: all

>TABLE>

490.

77/0389


Motor-vehicle towing devices

Member States which have notified implementing measures: all

491.

77/0391


Eradication of brucellosis

Member States which have notified implementing measures: all

492.

77/0436


Coffee and chicory

Member States which have notified implementing measures: all

493.

77/0452


Mutual recognition of qualifications - nurses

Member States which have notified implementing measures: all

>TABLE>

494.

77/0453


Activities of nurses

Member States which have notified implementing measures: all

>TABLE>

495.

77/0504


Pure-bred cattle for breeding

Member States which have notified implementing measures: all

496.

77/0535


Fertilizers

Member States which have notified implementing measures: all

497.

77/0536


Roll-over protection of tractors

Member States which have notified implementing measures: all

498.

77/0537


Emission of pollutants from diesel engines

Member States which have notified implementing measures: all

499.

77/0538


Lamps for motor vehicles

Member States which have notified implementing measures: all

500.

77/0539


Lamps for motor vehicles

Member States which have notified implementing measures: all

501.

77/0540


Lamps for motor vehicles

Member States which have notified implementing measures: all

502.

77/0541


Safety belts

Member States which have notified implementing measures: all

503.

77/0576


Safety signs at the workplace

Member States which have notified implementing measures: all

504.

77/0629


Material for the propagation of vines

Member States which have notified implementing measures: all

505.

77/0649


Driver's field of vision in motor vehicles

Member States which have notified implementing measures: all

506.

77/0780


First Directive on the coordination of banking laws

Member States which have notified implementing measures: all

507.

77/0794


Mutual assistance - recovery of debts

Member States which have notified implementing measures: all

508.

77/0796


Mutual recognition of qualifications - goods haulage operators

Member States which have notified implementing measures: all

509.

77/0799


Mutual assistance - direct taxes

Member States which have notified implementing measures: all

510.

77/0805


Taxes on tobacco

Member States which have notified implementing measures: all

511.

78/0025


Medicinal products - colouring matter

Member States which have notified implementing measures: all

512.

78/0052


Eradication of brucellosis

Member States which have notified implementing measures: all

513.

78/0055


Seed

Member States which have notified implementing measures: all

514.

78/0142


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

515.

78/0170


Heat generators

Member States which have notified implementing measures: all

516.

78/0175


Carriage of goods by road

Member States which have notified implementing measures: all

517.

78/0176


Waste - titanium dioxide

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, UK

>TABLE>

518.

78/0315


Type-approval of motor vehicles

Member States which have notified implementing measures: all

519.

78/0316


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

520.

78/0317


Defrosting systems of motor vehicles

Member States which have notified implementing measures: all

521.

78/0318


Windscreen wipers of motor vehicles

Member States which have notified implementing measures: all

522.

78/0319


Toxic and dangerous waste

Member States which have notified implementing measures: all

>TABLE>

523.

78/0365


Gas volume meters

Member States which have notified implementing measures: all

524.

78/0386


Fodder-plant seed

Member States which have notified implementing measures: all

525.

78/0387


Cereal seed

Member States which have notified implementing measures: all

526.

78/0388


Seed of oil and fibre plants

Member States which have notified implementing measures: all

527.

78/0473


Community co-insurance

Member States which have notified implementing measures: all

528.

78/0507


Motor-vehicle registration plates

Member States which have notified implementing measures: all

529.

78/0511


Fodder-plant and cereal seed

Member States which have notified implementing measures: all

530.

78/0547


Type-approval of motor vehicles

Member States which have notified implementing measures: all

531.

78/0548


Heating of motor vehicles

Member States which have notified implementing measures: all

532.

78/0549


Wheels of motor vehicles

Member States which have notified implementing measures: all

533.

78/0610


Health protection of workers - vinyl chloride monomer

Member States which have notified implementing measures: all

534.

78/0629


Measures of length

Member States which have notified implementing measures: all

535.

78/0631


Labelling of dangerous preparations (pesticides)

Member States which have notified implementing measures: all

536.

78/0632


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

537.

78/0633


Feedingstuffs - official control

Member States which have notified implementing measures: all

538.

78/0659


Quality of fresh waters

Member States which have notified implementing measures: all

>TABLE>

539.

78/0660


Annual accounts of companies

Member States which have notified implementing measures: all

540.

78/0663


Foodstuffs for human consumption - additives

Member States which have notified implementing measures: all

541.

78/0664


Foodstuffs for human consumption - additives

Member States which have notified implementing measures: all

542.

78/0665


Air pollution from engines

Member States which have notified implementing measures: all

543.

78/0686


Dentists

Member States which have notified implementing measures: all

>TABLE>

544.

78/0687


Dentists

Member States which have notified implementing measures: all

>TABLE>

545.

78/0692


Seed

Member States which have notified implementing measures: all

546.

78/0764


Driver's seat on tractors

Member States which have notified implementing measures: all

547.

78/0816


Seed potatoes

Member States which have notified implementing measures: all

548.

78/0855


Company mergers

Member States which have notified implementing measures: all

549.

78/0891


Prepackaging

Member States which have notified implementing measures: all

550.

78/0932


Head restraints of seats of motor vehicles

Member States which have notified implementing measures: all

551.

78/0933


Lighting on tractors

Member States which have notified implementing measures: all

552.

78/1015


Sound level of motorcycles

Member States which have notified implementing measures: all

553.

78/1016


Inland waterway vessels

Member States which have notified implementing measures: all

554.

78/1020


Seed

Member States which have notified implementing measures: all

555.

78/1026


Veterinary surgeons

Member States which have notified implementing measures: all

556.

78/1027


Veterinary surgeons

Member States which have notified implementing measures: all

557.

78/1031


Automatic checkweighing machines

Member States which have notified implementing measures: all

558.

78/1035


Tax exemptions for small consignments

Member States which have notified implementing measures: all

559.

79/0007


Equal treatment in social security

Member States which have notified implementing measures: all

>TABLE>

560.

79/0032


Taxes on tobacco

Member States which have notified implementing measures: all

561.

79/0076


Analysis of textile fibres

Member States which have notified implementing measures: all

562.

79/0109


Health problems - trade in animals - brucellosis

Member States which have notified implementing measures: all

563.

79/0111


Health problems - trade in animals - brucellosis

Member States which have notified implementing measures: all

564.

79/0112


Labelling of foodstuffs

Member States which have notified implementing measures: all

>TABLE>

565.

79/0113


Noise emissions from construction plant

Member States which have notified implementing measures: all

566.

79/0115


Pilotage of vessels

Member States which have notified implementing measures: all

567.

79/0116


Tankers

Member States which have notified implementing measures: all

568.

79/0117


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

569.

79/0138


Fertilizers

Member States which have notified implementing measures: all

570.

79/0168


Fruit juices

Member States which have notified implementing measures: all

571.

79/0196


Electrical equipment

Member States which have notified implementing measures: all

572.

79/0267


First Directive on life assurance

Member States which have notified implementing measures: all

573.

79/0279


Admission of securities to stock-exchange listing

Member States which have notified implementing measures: all

574.

79/0370


Labelling of dangerous substances

Member States which have notified implementing measures: all

575.

79/0372


Straight feedingstuffs

Member States which have notified implementing measures: all

576.

79/0373


Compound feedingstuffs

Member States which have notified implementing measures: all

577.

79/0409


Conservation of wild birds

Member States which have notified implementing measures: all

>TABLE>

578.

79/0488


External projections of motor vehicles

Member States which have notified implementing measures: all

579.

79/0489


Braking devices of motor vehicles

Member States which have notified implementing measures: all

580.

79/0490


Fuel tanks of motor vehicles

Member States which have notified implementing measures: all

581.

79/0532


Lighting on tractors

Member States which have notified implementing measures: all

582.

79/0533


Coupling device of tractors

Member States which have notified implementing measures: all

583.

79/0581


Indication of the prices of foodstuffs

Member States which have notified implementing measures: all

>TABLE>

584.

79/0622


Roll-over protection of tractors

Member States which have notified implementing measures: all

585.

79/0640


Safety signs at the workplace

Member States which have notified implementing measures: all

586.

79/0641


Seed

Member States which have notified implementing measures: all

587.

79/0663


Dangerous substances and preparations

Member States which have notified implementing measures: all

588.

79/0692


Seed

Member States which have notified implementing measures: all

589.

79/0693


Jams, jellies and marmalades

Member States which have notified implementing measures: all

590.

79/0694


Type-approval of tractors

Member States which have notified implementing measures: all

591.

79/0700


Pesticides in fruit and vegetables - official control

Member States which have notified implementing measures: all

592.

79/0795


Rear-view mirrors of motor vehicles

Member States which have notified implementing measures: all

593.

79/0796


Sugars

Member States which have notified implementing measures: all

594.

79/0797


Feedingstuffs

Member States which have notified implementing measures: all

595.

79/0830


Water meters

Member States which have notified implementing measures: all

596.

79/0831


Labelling of dangerous substances

Member States which have notified implementing measures: all

597.

79/0869


Surface water

Member States which have notified implementing measures: all

>TABLE>

598.

79/0923


Shellfish waters

Member States which have notified implementing measures: all

>TABLE>

599.

79/967


Seed

Member States which have notified implementing measures: all

600.

79/1005


Prepackaged liquids

Member States which have notified implementing measures: all

601.

79/1034


Tankers

Member States which have notified implementing measures: all

602.

79/1066


Coffee and chicory

Member States which have notified implementing measures: all

603.

79/1067


Preserved milk

Member States which have notified implementing measures: all

604.

79/1070


Mutual assistance - direct taxes and VAT

Member States which have notified implementing measures: all

605.

79/1071


Mutual assistance - debts

Member States which have notified implementing measures: all

606.

79/1072


Eighth VAT Directive

Member States which have notified implementing measures: all

>TABLE>

607.

79/1073


Sound level of tractors

Member States which have notified implementing measures: all

608.

80/0049


Carriage of goods by road

Member States which have notified implementing measures: all

609.

80/0051


Noise emissions from aircraft

Member States which have notified implementing measures: all

610.

80/0068


Protection of groundwater

Member States which have notified implementing measures: all

>TABLE>

611.

80/0154


Mutual recognition of qualifications - midwives

Member States which have notified implementing measures: all

612.

80/0155


Activities of midwives

Member States which have notified implementing measures: all

613.

80/0181


Units of measurement

Member States which have notified implementing measures: all

614.

80/0213


Health problems - trade in meat

Member States which have notified implementing measures: all

615.

80/0215


Health problems - meat products

Member States which have notified implementing measures: all

616.

80/0217


Control of classical swine fever

Member States which have notified implementing measures: all

617.

80/0219


Health problems - trade in animals - tuberculosis

Member States which have notified implementing measures: all

618.

80/0232


Prepackaged products

Member States which have notified implementing measures: all

619.

80/0233


Lighting on motor vehicles

Member States which have notified implementing measures: all

620.

80/0304


Seed of oil and fibre plants

Member States which have notified implementing measures: all

621.

80/0342


Pharmacy

Member States which have notified implementing measures: all

622.

80/0368


Eleventh VAT Directive - French overseas departments

Member States which have notified implementing measures: all

623.

80/0369


Taxes on tobacco - French overseas departments - Definition and groups (addressed to France)

Member States which have notified implementing measures: F

624.

80/0390


Admission of securities to stock-exchange listing - particulars to be published

Member States which have notified implementing measures: all

625.

80/0392


Organisms harmful to plants

Member States which have notified implementing measures: all

626.

80/0428


Pesticide residues in fruit and vegetables

Member States which have notified implementing measures: all

627.

80/0502


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

628.

80/0510


Straight feedingstuffs

Member States which have notified implementing measures: all

629.

80/0511


Compound feedingstuffs in packages

Member States which have notified implementing measures: all

630.

80/0590


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

631.

80/0695


Compound feedingstuffs

Member States which have notified implementing measures: all

632.

80/0720


Doors and windows of tractors

Member States which have notified implementing measures: all

633.

80/0723


Transparency in financial relations (States - public enterprises)

Member States which have notified implementing measures: all

634.

80/0754


Fodder-plant seed

Member States which have notified implementing measures: all

635.

80/0766


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

636.

80/0767


Public supply contracts

Member States which have notified implementing measures: all

637.

80/0777


Natural mineral waters

Member States which have notified implementing measures: all

638.

80/0778


Labelling of dangerous substances

Member States which have notified implementing measures: all

>TABLE>

639.

80/0779


Air quality

Member States which have notified implementing measures: all

>TABLE>

640.

80/0780


Rear-view mirrors of two-wheel motor vehicles

Member States which have notified implementing measures: all

641.

80/0836


Health protection - ionizing radiation

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

642.

80/0876


Fertilizers

Member States which have notified implementing measures: all

643.

80/0891


Foodstuffs for human consumption - oils and fats

Member States which have notified implementing measures: all

644.

80/0987


Protection of workers - insolvency of employers

Member States which have notified implementing measures: all

>TABLE>

645.

80/1057


Acquired rights - doctors, nurses, dentists and veterinary surgeons

Member States which have notified implementing measures: all

646.

80/1095


Control of classical swine fever

Member States which have notified implementing measures: all

647.

80/1098


Health problems - trade in animals - classical swine fever

Member States which have notified implementing measures: all

648.

80/1099


Health problems - trade in meat - classical swine fever

Member States which have notified implementing measures: all

649.

80/1100


Health problems - meat products - classical swine fever

Member States which have notified implementing measures: all

650.

80/1101


Control of classical swine fever

Member States which have notified implementing measures: all

651.

80/1107


Protection of workers against chemicals

Member States which have notified implementing measures: all

652.

80/1178


Admission to the occupation of road haulage operator

Member States which have notified implementing measures: all

653.

80/1179


Admission to the occupation of road passenger transport operator

Member States which have notified implementing measures: all

654.

80/1180


Mutual recognition of qualifications - goods haulage operators

Member States which have notified implementing measures: all

655.

80/1189


Labelling of dangerous substances

Member States which have notified implementing measures: all

656.

80/1263


Community driving licence

Member States which have notified implementing measures: all

657.

80/1266


Mutual assistance - aircraft accidents

Member States which have notified implementing measures: all

658.

80/1267


Type-approval of motor vehicles

Member States which have notified implementing measures: all

659.

80/1268


Fuel consumption of motor vehicles

Member States which have notified implementing measures: all

660.

80/1269


Engine power of motor vehicles

Member States which have notified implementing measures: all

661.

80/1272


Rear-view mirrors of motor vehicles (motorcycles)

Member States which have notified implementing measures: all

662.

80/1273


Mutual recognition of qualifications - midwives

Member States which have notified implementing measures: all

663.

80/1274


Health problems - trade in animals - classical swine fever

Member States which have notified implementing measures: all

664.

80/1335


Cosmetics

Member States which have notified implementing measures: all

>TABLE>

665.

81/0006


Eradication of brucellosis

Member States which have notified implementing measures: all

666.

81/0007


Organisms harmful to plants

Member States which have notified implementing measures: all

667.

81/0036


Pesticide residues in fruit and vegetables

Member States which have notified implementing measures: all

668.

81/0075


Analysis of textile fibres

Member States which have notified implementing measures: all

669.

81/0126


Seed

Member States which have notified implementing measures: all

670.

81/0187


Pesticides

Member States which have notified implementing measures: all

671.

81/0333


Fuel tanks of motor vehicles

Member States which have notified implementing measures: all

672.

81/0334


Sound level of motor vehicles

Member States which have notified implementing measures: all

673.

81/0432


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

674.

81/0575


Safety belts

Member States which have notified implementing measures: all

675.

81/0576


Safety belts

Member States which have notified implementing measures: all

676.

81/0577


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

677.

81/0602


Ban on hormones

Member States which have notified implementing measures: all

678.

81/0643


Driver's field of vision on motor vehicles

Member States which have notified implementing measures: all

679.

81/0680


Feedingstuffs - official control

Member States which have notified implementing measures: all

680.

81/0712


Additives in foodstuffs

Member States which have notified implementing measures: all

681.

81/0715


Feedingstuffs - official control

Member States which have notified implementing measures: all

682.

81/0851


Veterinary medicinal products

Member States which have notified implementing measures: all

683.

81/0852


Veterinary medicinal products

Member States which have notified implementing measures: all

684.

81/0854


Conservation of wild birds

Member States which have notified implementing measures: all

685.

81/0855


Surface water

Member States which have notified implementing measures: EL

686.

81/0857


Air quality

(addressed to Greece)

Member States which have notified implementing measures: EL

687.

81/0858


Labelling of dangerous substances

Member States which have notified implementing measures: all

688.

81/0957


Labelling of dangerous substances

Member States which have notified implementing measures: all

689.

81/1051


Acquired rights - doctors, nurses, dentists and veterinary surgeons

Member States which have notified implementing measures: all

690.

82/0050


Carriage of goods by road

Member States which have notified implementing measures: all

691.

82/0076


Doctors

Member States which have notified implementing measures: all

692.

82/0121


Information to be published regularly by companies

Member States which have notified implementing measures: all

693.

82/0130


Electrical equipment

Member States which have notified implementing measures: all

694.

82/0147


Cosmetics

Member States which have notified implementing measures: all

695.

82/0176


Mercury discharges

Member States which have notified implementing measures: all

696.

82/0232


Labelling of dangerous substances

Member States which have notified implementing measures: all

697.

82/0242


Detergents

Member States which have notified implementing measures: all

698.

82/0243


Detergents

Member States which have notified implementing measures: all

699.

82/0244


Lighting on motor vehicles

Member States which have notified implementing measures: all

700.

82/0287


Seed

Member States which have notified implementing measures: all

701.

82/0318


Safety belts

Member States which have notified implementing measures: all

702.

82/0319


Safety belts

Member States which have notified implementing measures: all

703.

82/0331


Material for the propagation of vines

Member States which have notified implementing measures: all

704.

82/0368


Cosmetics

Member States which have notified implementing measures: all

705.

82/0434


Cosmetics

Member States which have notified implementing measures: all

>TABLE>

706.

82/0470


Services incidental to transport

Member States which have notified implementing measures: all

707.

82/0471


Feedingstuffs

Member States which have notified implementing measures: all

708.

82/0475


Labelling of compound feddingstuffs for pet animals

Member States which have notified implementing measures: all

709.

82/0489


Hairdressers

Member States which have notified implementing measures: all

>TABLE>

710.

82/0501


Major-accident hazards

Member States which have notified implementing measures: all

>TABLE>

711.

82/0528


Pesticide residues in fruit and vegetables

Member States which have notified implementing measures: all

712.

82/0605


Protection of workers - metallic lead

Member States which have notified implementing measures: all

713.

82/0621


Electrical energy meters

Member States which have notified implementing measures: all

714.

82/0622


Weighing instruments

Member States which have notified implementing measures: all

715.

82/0623


Gas volume meters

Member States which have notified implementing measures: all

716.

82/0624


Alcoholometers

Member States which have notified implementing measures: all

717.

82/0625


Measuring systems for liquids

Member States which have notified implementing measures: all

718.

82/0711


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

719.

82/0714


Inland waterway vessels

Member States which have notified implementing measures: all

720.

82/0806


Dangerous substances and preparations

Member States which have notified implementing measures: all

721.

82/0828


Dangerous substances and preparations

Member States which have notified implementing measures: all

722.

82/0859


Seed of oil and fibre plants

Member States which have notified implementing measures: all

723.

82/0883


Titanium dioxide waste

Member States which have notified implementing measures: all

724.

82/0884


Lead in the air

Member States which have notified implementing measures: all

>TABLE>

725.

82/0885


Heat generators

Member States which have notified implementing measures: all

726.

82/0890


Tractors

Member States which have notified implementing measures: all

727.

82/0891


Division of companies

Member States which have notified implementing measures: all

728.

82/0894


Notification of animal diseases

Member States which have notified implementing measures: all

729.

82/0937


Straight feedingstuffs

Member States which have notified implementing measures: all

730.

82/0953


Roll-over protection of tractors

Member States which have notified implementing measures: all

731.

83/0029


Waste - titanium dioxide

Member States which have notified implementing measures: all

732.

83/0091


Health problems - trade in animals and meat

Member States which have notified implementing measures: all

733.

83/0116


Fodder-plant seed and seed of oil and fibre plants

Member States which have notified implementing measures: all

734.

83/0128


Clinical thermometers - mercury

Member States which have notified implementing measures: all

735.

83/0129


Seal-pup skins

Member States which have notified implementing measures: all

736.

83/0131


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

737.

83/0181


VAT - final import of goods

Member States which have notified implementing measures: all

738.

83/0182


Tax exemptions on temporary import of means of transport

Member States which have notified implementing measures: all

>TABLE>

739.

83/0183


Tax exemptions on permanent imports of personal property

Member States which have notified implementing measures: all

>TABLE>

740.

83/0189


Technical standards (amended by Directive 88/0182)

Member States which have notified implementing measures: all

>TABLE>

741.

83/0190


Driver's seat on tractors

Member States which have notified implementing measures: all

742.

83/0191


Cosmetics

Member States which have notified implementing measures: all

743.

83/0201


Health problems - products containing a small percentage of meat

Member States which have notified implementing measures: all

744.

83/0206


Noise emissions from aircraft

Member States which have notified implementing measures: all

745.

83/0228


Feedingstuffs

Member States which have notified implementing measures: all

746.

83/0229


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

747.

83/0264


Dangerous substances and preparations

Member States which have notified implementing measures: all

748.

83/0276


Lighting and light-signalling devices on motor vehicles

Member States which have notified implementing measures: all

749.

83/0341


Cosmetics

Member States which have notified implementing measures: all

750.

83/0349


Consolidated accounts of companies

Member States which have notified implementing measures: all

751.

83/0351


Air pollution from engines

Member States which have notified implementing measures: all

752.

83/0381


Feedingstuffs

Member States which have notified implementing measures: all

753.

83/0417


Caseins

Member States which have notified implementing measures: all

754.

83/0463


Labelling of foodstuffs

Member States which have notified implementing measures: all

755.

83/0467


Labelling of dangerous substances

Member States which have notified implementing measures: all

756.

83/0477


Protection of workers - asbestos

Member States which have notified implementing measures: all

757.

83/0478


Dangerous substances and preparations

Member States which have notified implementing measures: all

758.

83/0496


Cosmetics

Member States which have notified implementing measures: all

759.

83/0513


Cadmium discharges

Member States which have notified implementing measures: all

>TABLE>

760.

83/0514


Cosmetics

Member States which have notified implementing measures: all

>TABLE>

761.

83/0570


Proprietary medicinal products - multi-States procedure

Member States which have notified implementing measures: all

762.

83/0572


Carriage of goods by road

Member States which have notified implementing measures: all

763.

83/0574


Cosmetics

Member States which have notified implementing measures: all

764.

83/0575


Measuring instruments

Member States which have notified implementing measures: all

765.

83/0623


Textile names

Member States which have notified implementing measures: all

766.

84/0004


Feedingstuffs - official control

Member States which have notified implementing measures: all

767.

84/0005


Second Directive on motor-vehicle insurance

Member States which have notified implementing measures: all

768.

84/0008


Lighting and light-signalling devices on motor vehicles

Member States which have notified implementing measures: all

769.

84/0047


Electrical equipment

Member States which have notified implementing measures: all

770.

84/0156


Mercury discharges

Member States which have notified implementing measures: all

771.

84/0253


Audit of accounting documents

Member States which have notified implementing measures: all

772.

84/0291


Dangerous preparations (pesticides)

Member States which have notified implementing measures: all

773.

84/0319


Health problems - import of meat - trichinae

Member States which have notified implementing measures: all

774.

84/0360


Air pollution from industrial plants

Member States which have notified implementing measures: all

775.

84/0372


Sound level of motor vehicles

Member States which have notified implementing measures: all

776.

84/0386


Tenth VAT Directive

Member States which have notified implementing measures: all

777.

84/0414


Thermometers

Member States which have notified implementing measures: all

778.

84/0415


Cosmetics

Member States which have notified implementing measures: all

779.

84/0424


Sound level of motor vehicles

Member States which have notified implementing measures: all

780.

84/0425


Feedingstuffs - official control

Member States which have notified implementing measures: all

781.

84/0443


Products used in feedingstuffs

Member States which have notified implementing measures: all

782.

84/0449


Labelling of dangerous substances

Member States which have notified implementing measures: all

783.

84/0450


Misleading advertising

Member States which have notified implementing measures: all

784.

84/0466


Radiation protection

Member States which have notified implementing measures: all

>TABLE>

785.

84/0467


Health protection - ionizing radiation

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

786.

84/0491


HCH discharges

Member States which have notified implementing measures: all

787.

84/0500


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

788.

84/0525


Steel gas cylinders

Member States which have notified implementing measures: all

789.

84/0526


Aluminium gas cylinders

Member States which have notified implementing measures: all

790.

84/0527


Welded steel gas cylinders

Member States which have notified implementing measures: all

791.

84/0528


Lifting appliances

Member States which have notified implementing measures: all

792.

84/0529


Electrically-operated lifts

Member States which have notified implementing measures: all

793.

84/0532


Construction plants

Member States which have notified implementing measures: all

794.

84/0533


Sound power level of compressors

Member States which have notified implementing measures: all

795.

84/0534


Sound power level of tower cranes

Member States which have notified implementing measures: all

796.

84/0535


Sound power level of welding generators

Member States which have notified implementing measures: all

797.

84/0536


Sound power level of power generators

Member States which have notified implementing measures: all

798.

84/0537


Sound power level of hand-held concrete-breakers

Member States which have notified implementing measures: all

799.

84/0538


Sound power level of lawnmowers

Member States which have notified implementing measures: all

800.

84/0539


Electro-medical equipment

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

801.

84/0587


Feedingstuffs - additives

Member States which have notified implementing measures: all

802.

84/0631


Transfrontier shipment of hazardous waste

Member States which have notified implementing measures: all

803.

84/0641


Tourist assistance

Member States which have notified implementing measures: all

804.

84/0643


Health problems - trade in animals - foot-and-mouth disease

Member States which have notified implementing measures: all

805.

84/0644


Health problems - trade in animals - brucellosis

Member States which have notified implementing measures: all

806.

84/0645


Control of classical swine fever

Member States which have notified implementing measures: all

807.

84/0647


Vehicles hired without drivers

Member States which have notified implementing measures: all

808.

85/0001


Units of measurement

Member States which have notified implementing measures: all

809.

85/0003


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

810.

85/0010


Prepackaged liquids

Member States which have notified implementing measures: all

811.

85/0038


Fodder-plant seed

Member States which have notified implementing measures: all

812.

85/0073


Financing of health inspections of fresh meat

Member States which have notified implementing measures: all

813.

85/0146


Measures of length

Member States which have notified implementing measures: all

814.

85/0203


Air quality - nitrogen dioxide

Member States which have notified implementing measures: all

>TABLE>

815.

85/0205


Rear-view mirrors of motor vehicles

Member States which have notified implementing measures: all

816.

85/0210


Lead content of petrol

Member States which have notified implementing measures: all

817.

85/0298


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

818.

85/0320


Health problems - trade in animals - classical swine fever

Member States which have notified implementing measures: all

819.

85/0321


Health problems - meat products - classical swine fever

Member States which have notified implementing measures: all

820.

85/0322


Health problems - trade in meat - classical swine fever

Member States which have notified implementing measures: all

821.

85/0337


Assessment of effects of projects on the environment

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, NL, P, UK

>TABLE>

822.

85/0339


Containers for liquids for human consumption

Member States which have notified implementing measures: all

>TABLE>

823.

85/0346


VAT - exemption of certain final imports of goods - fuel of utility vehicles

Member States which have notified implementing measures: all

824.

85/0358


Ban on hormones

Member States which have notified implementing measures: all

825.

85/0374


Defective products

Member States which have notified implementing measures: B, DK, D, EL, E, IRL, I, L, NL, P, UK

>TABLE>

826.

85/0384


Architects

Member States which have notified implementing measures: all

>TABLE>

827.

85/0391


Cosmetics

Member States which have notified implementing measures: all

828.

85/0405


Noise emissions from construction plant

Member States which have notified implementing measures: all

829.

85/0406


Sound power level of compressors

Member States which have notified implementing measures: all

830.

85/0407


Sound power level of welding generators

Member States which have notified implementing measures: all

831.

85/0408


Sound power level of power generators

Member States which have notified implementing measures: all

832.

85/0409


Sound power level of hand-held concrete-breakers

Member States which have notified implementing measures: all

833.

85/0411


Conservation of wild birds

Member States which have notified implementing measures: all

>TABLE>

834.

85/0432


Pharmacists

Member States which have notified implementing measures: all

>TABLE>

835.

85/0433


Pharmacists

Member States which have notified implementing measures: all

>TABLE>

836.

85/0444


Seal-pup skins

Member States which have notified implementing measures: all

837.

85/0467


Dangerous substances and preparations

Member States which have notified implementing measures: all

838.

85/0469


Transfrontier shipment of hazardous waste

Member States which have notified implementing measures: all

839.

85/0479


Mutual assistance - recovery of debts

Member States which have notified implementing measures: all

840.

85/0490


Cosmetics

Member States which have notified implementing measures: all

>TABLE>

841.

85/0503


Caseins

Member States which have notified implementing measures: all

842.

85/0509


Feedingstuffs

Member States which have notified implementing measures: all

843.

85/0511


Control of foot-and-mouth disease

Member States which have notified implementing measures: all

844.

85/0536


Crude-oil savings

Member States which have notified implementing measures: all

845.

85/0572


Foodstuffs - articles intended to come into contact

Member States which have notified implementing measures: all

846.

85/0574


Organisms harmful to plants

Member States which have notified implementing measures: all

847.

85/0576


Tax exemptions for small consignments

Member States which have notified implementing measures: all

848.

85/0577


Contracts negotiated away from business premises

Member States which have notified implementing measures: all

>TABLE>

849.

85/0578


Admission to the occupation of road haulage operator

Member States which have notified implementing measures: all

850.

85/0579


Admission to the occupation of road passenger transport operator

Member States which have notified implementing measures: all

851.

85/0580


Air quality - nitrogen dioxide

Member States which have notified implementing measures: all

852.

85/0581


Lead content of petrol

Member States which have notified implementing measures: all

853.

85/0584


Pharmacists

Member States which have notified implementing measures: all

854.

85/0586


Health problems - trade in animals and meat

Member States which have notified implementing measures: all

855.

85/0591


Monitoring of foodstuffs for human consumption

Member States which have notified implementing measures: all

856.

85/0610


Dangerous substances and preparations

Member States which have notified implementing measures: all

857.

85/0611


Undertakings for collective investment

Member States which have notified implementing measures: B, DK, D, E, EL, F, IRL, I, L, NL, UK

>TABLE>

858.

85/0614


Architects

Member States which have notified implementing measures: all

>TABLE>

859.

85/0647


Braking devices of motor vehicles

Member States which have notified implementing measures: all

860.

86/0017


Architects

Member States which have notified implementing measures: all

>TABLE>

861.

86/0096


Prepackaging

Member States which have notified implementing measures: all

862.

86/0109


Certified seed

Member States which have notified implementing measures: all

863.

86/0121


Transfrontier shipment of hazardous waste

Member States which have notified implementing measures: all

864.

86/0122


Conservation of wild birds

Member States which have notified implementing measures: all

865.

86/0155


Seed

Member States which have notified implementing measures: all

866.

86/0174


Compound feedingstuffs for poultry

Member States which have notified implementing measures: all

867.

86/0179


Cosmetics

Member States which have notified implementing measures: all

868.

86/0188


Protection of workers from noise

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

869.

86/0199


Cosmetics

Member States which have notified implementing measures: all

870.

86/0214


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

871.

86/0217


Pressure gauges

Member States which have notified implementing measures: all

872.

86/0246


Taxes on tobacco

Member States which have notified implementing measures: all

873.

86/0267


Vine varieties

Member States which have notified implementing measures: all

874.

86/0278


Sewage sludge used in agriculture

Member States which have notified implementing measures: all

875.

86/0279


Transfrontier shipment of hazardous waste

Member States which have notified implementing measures: all

876.

86/0280


Dangerous substances in the sea

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK

>TABLE>

877.

86/0295


Construction plant

Member States which have notified implementing measures: all

878.

86/0296


Construction plant

Member States which have notified implementing measures: all

879.

86/0297


Power take-offs of tractors

Member States which have notified implementing measures: all

880.

86/0298


Roll-over protection of tractors

Member States which have notified implementing measures: all

881.

86/0299


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

882.

86/0312


Electrically-operated lifts

Member States which have notified implementing measures: all

883.

86/0320


Cereal seed

Member States which have notified implementing measures: all

884.

86/0354


Compound feedingstuffs

Member States which have notified implementing measures: all

885.

86/0355


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

886.

86/0360


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

887.

86/0362


Pesticide residues in cereals

Member States which have notified implementing measures: all

888.

86/0363


Pesticide residues in foodstuffs of animal origin

Member States which have notified implementing measures: all

889.

86/0364


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

890.

86/0378


Equal treatment of men and women

Member States which have notified implementing measures: D, E, F, IRL, P, UK

>TABLE>

891.

86/0415


Controls of tractors

Member States which have notified implementing measures: all

892.

86/0424


Caseins

Member States which have notified implementing measures: all

893.

86/0431


Labelling of dangerous substances

Member States which have notified implementing measures: all

894.

86/0457


Training in general medicine

Member States which have notified implementing measures: all

>TABLE>

895.

86/0469


Examination of meat for the presence of residues

Member States which have notified implementing measures: all

896.

86/0489


Mutual assistance - recovery of debts

Member States which have notified implementing measures: all

897.

86/0508


Labelling of paints

Member States which have notified implementing measures: all

898.

86/0530


Products used in feedingstuffs

Member States which have notified implementing measures: all

899.

86/0560


900.

13th VAT directive - taxable persons not established in Community territory


Member States which have notified implementing measures: all

901.

86/0562


Rear-view mirrors of motor vehicles

Member States which have notified implementing measures: all

902.

86/0594


Noise from household appliances

Member States which have notified implementing measures: all

903.

86/0609


Protection of animals

Member States which have notified implementing measures: all

>TABLE>

904.

86/0613


Equal treatment of men and women

Member States which have notified implementing measures: all

905.

86/0635


Annual accounts of banks

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

906.

86/0651


Organisms harmful to plants

Member States which have notified implementing measures: all

907.

86/0653


Self-employed commercial agents

Member States which have notified implementing measures: DK, D, EL, E, F, I, NL, P, IRL, L, UK

>TABLE>

908.

86/0662


Noise emissions from hydraulic excavators

Member States which have notified implementing measures: all

>TABLE>

909.

86/0663


Self-propelled industrial trucks

Member States which have notified implementing measures: all

910.

87/0018


Good laboratory practice

Member States which have notified implementing measures: all

911.

87/0019


Proprietary medicinal products - analytical standards and protocols

Member States which have notified implementing measures: all

912.

87/0020


Veterinary medicinal products - analytical standards and protocols

Member States which have notified implementing measures: all

913.

87/0021


Proprietary medicinal products

Member States which have notified implementing measures: all

914.

87/0022


High-technology medicinal products

Member States which have notified implementing measures: all

915.

87/0054


Legal protection of semi-conductor products

Member States which have notified implementing measures: all

916.

87/0056


Sound level of motorcycles

Member States which have notified implementing measures: all

917.

87/0094


Fertilizers

Member States which have notified implementing measures: all

918.

87/0101


Disposal of waste oils

Member States which have notified implementing measures: all

919.

87/0102


Consumer credit

Member States which have notified implementing measures: B, DK, D, EL, F, I, L, NL, P, UK

>TABLE>

920.

87/0112


Transfrontier shipment of hazardous waste

Member States which have notified implementing measures: all

921.

87/0120


Seeds and propagating materials

Member States which have notified implementing measures: all

922.

87/0137


Cosmetics

Member States which have notified implementing measures: all

923.

87/0140


Textile names

Member States which have notified implementing measures: all

924.

87/0143


Cosmetics

Member States which have notified implementing measures: all

>TABLE>

925.

87/0153


Feedingstuffs - additives

Member States which have notified implementing measures: all

926.

87/0181


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

927.

87/0184


Analysis of textile fibres

Member States which have notified implementing measures: all

928.

87/0216


Major-accident hazards

Member States which have notified implementing measures: all

929.

87/0217


Pollution by asbestos

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

930.

87/0219


Sulphur content of liquid fuel

Member States which have notified implementing measures: all

931.

87/0234


Straight feedingstuffs

Member States which have notified implementing measures: all

932.

87/0238


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

933.

87/0250


Labelling of alcoholic beverages

Member States which have notified implementing measures: all

934.

87/0252


Sound power level of lawnmowers

Member States which have notified implementing measures: all

935.

87/0298


Organisms harmful to plants

Member States which have notified implementing measures: all

936.

87/0328


Cattle for breeding

Member States which have notified implementing measures: all

>TABLE>

937.

87/0343


Credit insurance and suretyship insurance

Member States which have notified implementing measures: all

938.

87/0344


Legal-expenses insurance

Member States which have notified implementing measures: all

939.

87/0345


Admission of securities to stock-exchange listing - particulars to be published

Member States which have notified implementing measures: all

940.

87/0354


Industrial products - distinctive numbers and letters

Member States which have notified implementing measures: all

941.

87/0355


Measuring instruments

Member States which have notified implementing measures: all

942.

87/0356


Prepackaged products

Member States which have notified implementing measures: all

943.

87/0357


Dangerous imitations

Member States which have notified implementing measures: all

944.

87/0358


Type-approval of motor vehicles

Member States which have notified implementing measures: all

945.

87/0372


Cellular communications - frequency bands to be reserved

Member States which have notified implementing measures: all

946.

87/0402


Roll-over protection of tractors

Member States which have notified implementing measures: all

947.

87/0403


Type-approval of motor vehicles

Member States which have notified implementing measures: all

948.

87/0404


Pressure vessels

Member States which have notified implementing measures: all

>TABLE>

949.

87/0405


Sound power level of tower cranes

Member States which have notified implementing measures: all

950.

87/0416


Lead content of petrol

Member States which have notified implementing measures: all

951.

87/0432


Labelling of dangerous substances

Member States which have notified implementing measures: all

952.

87/0441


Crude-oil savings

Member States which have notified implementing measures: all

953.

87/0477


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

954.

87/0480


Seed

Member States which have notified implementing measures: all

955.

87/0481


Vegetable seed

Member States which have notified implementing measures: all

956.

87/0486


Control of classical swine fever

Member States which have notified implementing measures: all

957.

87/0487


Classical swine fever

Member States which have notified implementing measures: all

958.

87/0489


Health problems - trade in animals - classical swine fever

Member States which have notified implementing measures: all

959.

87/0491


Health problems - meat products

Member States which have notified implementing measures: all

960.

87/0524


Preserved milk

Member States which have notified implementing measures: all

961.

87/0540


Admission to the occupation of carrier of goods by waterway

Member States which have notified implementing measures: all

962.

87/0566


Fertilizers

Member States which have notified implementing measures: all

963.

88/0035


Electrical equipment

Member States which have notified implementing measures: all

964.

88/0076


Air pollution from motor vehicles

Member States which have notified implementing measures: all

965.

88/0077


Emissions from diesel engines

Member States which have notified implementing measures: all

966.

88/0095


Beet seed

Member States which have notified implementing measures: all

967.

88/0126


Fertilizers

Member States which have notified implementing measures: all

968.

88/0146


Ban on hormones

Member States which have notified implementing measures: all

969.

88/0166


Protection of laying hens kept in battery cages

Member States which have notified implementing measures: all

970.

88/0180


Sound power level of lawnmowers

Member States which have notified implementing measures: all

971.

88/0181


Sound power level of lawnmowers

Member States which have notified implementing measures: all

>TABLE>

972.

88/0182


Technical standards (amending Directive 83/0189)

Member States which have notified implementing measures: all

>TABLE>

973.

88/0183


Liquid fertilizers

Member States which have notified implementing measures: all

974.

88/0194


Braking devices of motor vehicles

Member States which have notified implementing measures: all

975.

88/0195


Engine power of motor vehicles

Member States which have notified implementing measures: all

976.

88/0218


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

977.

88/0233


Cosmetics

Member States which have notified implementing measures: all

978.

88/0289


Health problems - animals and meat from non-member countries

Member States which have notified implementing measures: all

979.

88/0295


Public supply contracts (amending Directive 77/0062)

Member States which have notified implementing measures: B, DK, D, F, IRL, I, L, NL, P, UK

>TABLE>

980.

88/0297


Type-approval of tractors

Member States which have notified implementing measures: all

981.

88/0298


Pesticides in fruit and vegetables and cereals

Member States which have notified implementing measures: all

982.

88/0299


Meat and animals form non-member countries

Member States which have notified implementing measures: all

983.

88/0301


Competition in the markets for telecommunications terminals

Member States which have notified implementing measures: all

>TABLE>

984.

88/0302


Labelling of dangerous substances

Member States which have notified implementing measures: all

985.

88/0314


Indication of the prices of non-food products

Member States which have notified implementing measures: all

986.

88/0315


Indication of the prices of foodstuffs

Member States which have notified implementing measures: all

>TABLE>

987.

88/0316


Prepackaged liquids

Member States which have notified implementing measures: all

988.

88/0320


Good laboratory practice

Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK

>TABLE>

989.

88/0321


Rear-view mirrors of motor vehicles

Member States which have notified implementing measures: all

990.

88/0331


VAT - final import of goods

Member States which have notified implementing measures: all

991.

88/0344


Foodstuffs for human consumption - extraction solvents

Member States which have notified implementing measures: all

992.

88/0347


Dangerous substances in the sea

Member States which have notified implementing measures: all

993.

88/0357


Second Directive on insurance other than life assurance

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

994.

88/0361


Capital movements

Member States which have notified implementing measures: all

995.

88/0364


Protection of workers against specific agents

Member States which have notified implementing measures: all

996.

88/0366


Driver's field of vision in motor vehicles

Member States which have notified implementing measures: all

997.

88/0378


Toy safety

Member States which have notified implementing measures: all

998.

88/0379


Dangerous preparations

Member States which have notified implementing measures: all

>TABLE>

999.

88/0380


Seed

Member States which have notified implementing measures: all

>TABLE>

1000.

88/0388


Flavourings for use in foodstuffs for human consumption

Member States which have notified implementing measures: all

>TABLE>

1001.

88/0406


Health problems - trade in animals - enzootic bovine leucosis

Member States which have notified implementing measures: all

1002.

88/0407


Bovine semen

Member States which have notified implementing measures: all

1003.

88/0409


Fees for the inspection of meat

Member States which have notified implementing measures: all

>TABLE>

1004.

88/0410


Characteristics of tractors

Member States which have notified implementing measures: all

1005.

88/0411


Steering equipment of tractors

Member States which have notified implementing measures: all

1006.

88/0412


Maximum speed of tractors

Member States which have notified implementing measures: all

1007.

88/0413


Roll-over protection of tractors

Member States which have notified implementing measures: all

1008.

88/0414


Doors and windows of tractors

Member States which have notified implementing measures: all

1009.

88/0436


Particulate emissions from diesel engines

Member States which have notified implementing measures: all

1010.

88/0449


Roadworthiness tests for motor vehicles

Member States which have notified implementing measures: all

1011.

88/0465


Driver's seat on tractors

Member States which have notified implementing measures: all

1012.

88/0485


Products used in feedingstuffs

Member States which have notified implementing measures: all

1013.

88/0490


Labelling of dangerous substances

Member States which have notified implementing measures: all

1014.

88/0571


Electrical equipment

Member States which have notified implementing measures: all

1015.

88/0572


Organisms harmful to plants

Member States which have notified implementing measures: all

1016.

88/0593


Jams, jellies and marmalades

Member States which have notified implementing measures: all

1017.

88/0599


Transport by road - social legislation - recording equipment

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1018.

88/0609


Emissions from large combustion plants

Member States which have notified implementing measures: all

1019.

88/0610


Major-accident hazards

Member States which have notified implementing measures: all

1020.

88/0627


Major holdings in a listed company

Member States which have notified implementing measures: all

>TABLE>

1021.

88/0642


Protection of workers against chemicals

Member States which have notified implementing measures: all

1022.

88/0657


Health problems - trade in minced meat

Member States which have notified implementing measures: all

>TABLE>

1023.

88/0660


Health problems - meat products

Member States which have notified implementing measures: all

1024.

88/0661


Pigs for breeding

Member States which have notified implementing measures: all

>TABLE>

1025.

88/0664


Tax-free allowances

Member States which have notified implementing measures: all

1026.

88/0665


Attestations and certificates

Member States which have notified implementing measures: all

1027.

88/0667


Cosmetics

Member States which have notified implementing measures: all

1028.

89/0002


Cereal seed

Member States which have notified implementing measures: all

1029.

89/0014


Vegetable seed

Member States which have notified implementing measures: all

1030.

89/0048


Mutual recognition of diplomas

Member States which have notified implementing measures: DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1031.

89/0100


Fodder-plant seed

Member States which have notified implementing measures: all

1032.

89/0104


Trade marks

Member States which have notified implementing measures: DK, EL, E, F, I, UK

>TABLE>

1033.

89/0105


Prices of medicinal products

Member States which have notified implementing measures: all

1034.

89/0106


Construction products

Member States which have notified implementing measures: DK, D, E, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1035.

89/0107


Additives in foodstuffs

Member States which have notified implementing measures: all

>TABLE>

1036.

89/0108


Quick-frozen foodstuffs

Member States which have notified implementing measures: all

>TABLE>

1037.

89/0109


Foodstuffs for human consumption - materials intended to come into contact

Member States which have notified implementing measures: all

1038.

89/0117


Publication of accounting documents of credit institutions

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1039.

89/0173


Characteristics of tractors

Member States which have notified implementing measures: all

1040.

89/0174


Cosmetics

Member States which have notified implementing measures: all

1041.

89/0178


Labelling of dangerous preparations

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1042.

89/0186


Pesticide residues in fruit and vegetables

Member States which have notified implementing measures: all

1043.

89/0219


VAT - final import of goods

Member States which have notified implementing measures: all

1044.

89/0220


Exemptions - combined nomenclature

Member States which have notified implementing measures: all

1045.

89/0227


Health problems - meat products - non-member countries

Member States which have notified implementing measures: all

1046.

89/0235


Sound level of motorcycles

Member States which have notified implementing measures: all

1047.

89/0240


Self-propelled industrial trucks

Member States which have notified implementing measures: all

1048.

89/0277


Lamps for motor vehicles

Member States which have notified implementing measures: all

1049.

89/0278


Lighting on motor vehicles

Member States which have notified implementing measures: all

1050.

89/0284


Fertilizers

Member States which have notified implementing measures: all

1051.

89/0297


Lateral protection of motor vehicles

Member States which have notified implementing measures: all

1052.

89/0298


Prospectuses for transferable securities on offer to the public

Member States which have notified implementing measures: all

1053.

89/0299


Own funds of credit institutions

Member States which have notified implementing measures: all

1054.

89/0321


Health problems - import of meat

Member States which have notified implementing measures: all

1055.

89/0336


Electromagnetic compatibility

Member States which have notified implementing measures: DK, D, F, I, L, P, UK

>TABLE>

1056.

89/0338


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

1057.

89/0341


Proprietary medicinal products

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1058.

89/0342


Immunological medicinal products

Member States which have notified implementing measures: all

1059.

89/0343


Radiopharmaceuticals

Member States which have notified implementing measures: B, DK, D, EL, E, I, F, IRL, L, NL, P, UK

>TABLE>

1060.

89/0344


Cocoa and chocolate

Member States which have notified implementing measures: all

1061.

89/0360


Health problems - trade in animals - brucellosis

Member States which have notified implementing measures: all

>TABLE>

1062.

89/0361


Sheep and goats for breeding

Member States which have notified implementing measures: all

>TABLE>

1063.

89/0362


Hygiene in milk production holdings

Member States which have notified implementing measures: all

1064.

89/0365


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

1065.

89/0369


Incineration of municipal waste

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1066.

89/0370


Seal-pup skins

Member States which have notified implementing measures: all

1067.

89/0381


Medicinal products derived from human blood

Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, I, L, P, UK

>TABLE>

1068.

89/0384


Health problems - trade in milk

Member States which have notified implementing measures: all

1069.

89/0391


Health and safety of workers

Member States which have notified implementing measures: B, DK, D, F, I, IRL, L, NL, P, UK

>TABLE>

1070.

89/0392


Machinery

Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1071.

89/0394


Fruit juices

Member States which have notified implementing measures: all

1072.

89/0395


Foodstuffs - labelling

Member States which have notified implementing measures: all

1073.

89/0396


Foodstuffs - identification of lot

Member States which have notified implementing measures: all

1074.

89/0397


Foodstuffs - official control

Member States which have notified implementing measures: all

1075.

89/0398


Foodstuffs for particular nutritional use

Member States which have notified implementing measures: all

1076.

89/0424


Seed

Member States which have notified implementing measures: all

1077.

89/0427


Sulphur dioxide in the air

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1078.

89/0429


Incineration of municipal waste

Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P, UK

>TABLE>

1079.

89/0437


Health problems - eggs

Member States which have notified implementing measures: all

>TABLE>

1080.

89/0438


Admission to the occupation of road haulage operator

Member States which have notified implementing measures: all

1081.

89/0439


Organisms harmful to plants

Member States which have notified implementing measures: all

1082.

89/0440


Public works contracts (amending Directive 71/0305)

Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1083.

89/0458


Emissions from motor vehicles

Member States which have notified implementing measures: all

1084.

89/0459


Tyres of motor vehicles

Member States which have notified implementing measures: all

1085.

89/0460


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

1086.

89/0461


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

1087.

89/0465


1088.

18th VAT Directive


Member States which have notified implementing measures: all

1089.

89/0491


Sound level of motor vehicles

Member States which have notified implementing measures: all

1090.

89/0514


Noise emissions from hydraulic excavators

Member States which have notified implementing measures: all

1091.

89/0516


Lamps for motor vehicles

Member States which have notified implementing measures: all

1092.

89/0517


Headlamps for motor vehicles

Member States which have notified implementing measures: all

1093.

89/0518


Fog lamps for motor vehicles

Member States which have notified implementing measures: all

1094.

89/0519


Fertilizers - sampling

Member States which have notified implementing measures: all

1095.

89/0520


Products used in feedingstuffs

Member States which have notified implementing measures: all

1096.

89/0530


Fertilizers (oligo-elements)

Member States which have notified implementing measures: all

1097.

89/0552


Television without frontiers

Member States which have notified implementing measures: all

>TABLE>

1098.

89/0556


Embryos of bovine animals

Member States which have notified implementing measures: all

>TABLE>

1099.

89/0592


Insider dealing

Member States which have notified implementing measures: all

>TABLE>

1100.

89/0594


Veterinary surgeons and midwives

Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, UK

>TABLE>

1101.

89/0595


Nurses

Member States which have notified implementing measures: B, DK, D, E, EL, F, IRL, L, NL, P

>TABLE>

1102.

89/0604


Tax exemptions on permanent imports of personal property

Member States which have notified implementing measures: all

1103.

89/0608


Mutual assistance - veterinary and zootechnical legislation

Member States which have notified implementing measures: all

>TABLE>

1104.

89/0617


Units of measurement

Member States which have notified implementing measures: B, DK, D, F, IRL, I, L, NL, P, UK

>TABLE>

1105.

89/0618


Health protection - radiological emergency

Member States which have notified implementing measures: B, DK, D, E, F, IRL, UK

>TABLE>

1106.

89/0622


Labelling of tobacco products

Member States which have notified implementing measures: all

1107.

89/0629


Noise emissions from aeroplanes

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1108.

89/0646


Second banking Directive

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1109.

89/0647


Solvency ratio for credit institutions

Member States which have notified implementing measures: all

1110.

89/0654


Health and safety at the workplace

Member States which have notified implementing measures: B, DK, F, IRL, I, L, NL, P, UK (derogation EL)

>TABLE>

1111.

89/0655


Health and safety - work equipment

Member States which have notified implementing measures: B, DK, D, F, IRL, NL, P, UK

>TABLE>

1112.

89/0656


Personal protective equipment

Member States which have notified implementing measures: DK, D, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1113.

89/0662


Veterinary checks in intra-Community trade

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK

>TABLE>

1114.

89/0665


Public contracts - review procedures

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1115.

89/0666


Disclosure requirements for company branches

Member States which have notified implementing measures: DK, D, E, EL, F, I, IRL, L, NL, P, UK

>TABLE>

1116.

89/0667


Single-member private limited companies

Member States which have notified implementing measures: DK, D, EL, I, F, L, NL, P, UK

>TABLE>

1117.

89/0676


Prepackaged liquids

Member States which have notified implementing measures: all

1118.

89/0677


Dangerous substances and preparations

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, NL, P

>TABLE>

1119.

89/0678


Dangerous substances and preparations

Member States which have notified implementing measures: all

1120.

89/0680


Protection structures - tractors

Member States which have notified implementing measures: all

1121.

89/0681


Protection structures - tractors

Member States which have notified implementing measures: all

1122.

89/0682


Protection structures - tractors

Member States which have notified implementing measures: all

1123.

89/0684


Training for drivers of vehicles carrying dangerous goods

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1124.

89/0686


Personal protective equipment

Member States which have notified implementing measures: all

1125.

90/0018


Good laboratory practice

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1126.

90/0035


Packaging - child safety

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, NL, P

>TABLE>

1127.

90/0044


Compound feedingstuffs

Member States which have notified implementing measures: all

1128.

90/0088


Consumer credit

Member States which have notified implementing measures: B, DK, D, EL, I, L, NL, P, UK

>TABLE>

1129.

90/0118


Pure-bred breeding pigs

Member States which have notified implementing measures: all

>TABLE>

1130.

90/0119


Hybrid breeding spigs

Member States which have notified implementing measures: all

>TABLE>

1131.

90/0120


Bovine semen

Member States which have notified implementing measures: all

1132.

90/0121


Cosmetics

Member States which have notified implementing measures: all

1133.

90/0128


Foodstuffs - materials intended to come into contact

Member States which have notified implementing measures: all

1134.

90/0167


Medicated feedingstuffs

Member States which have notified implementing measures: DK, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1135.

90/0168


Organisms harmful to plants

Member States which have notified implementing measures: all

1136.

90/0207


Cosmetics

Member States which have notified implementing measures: all

>TABLE>

1137.

90/0211


Admission of securities to stock-exchange listing - particulars to be published

Member States which have notified implementing measures: all

>TABLE>

1138.

90/0219


Genetically modified organisms

Member States which have notified implementing measures: B, DK, D, F, I, IRL, L, NL, P, UK

>TABLE>

1139.

90/0220


Genetically modified organisms

Member States which have notified implementing measures: B, DK, D, F, I, IRL, NL, P, UK

>TABLE>

1140.

90/0232


Third Directive on insurance for motor vehicles

Member States which have notified implementing measures: DK, D, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1141.

90/0239


Maximum tar yield of cigarettes

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1142.

90/0269


Health and safety of workers

Member States which have notified implementing measures: B, DK, D, EL, I, IRL, F, L, NL, P, UK

>TABLE>

1143.

90/0270


Health and safety - display screen equipment

Member States which have notified implementing measures: B, DK, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1144.

90/0313


Freedom of access to information on the environment

Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P, UK

>TABLE>

1145.

90/0314


Package tours

Member States which have notified implementing measures: B, D, DK, F, L, NL, P, UK

>TABLE>

1146.

90/0335


Plant protection products

Member States which have notified implementing measures: all

1147.

90/0364


Right of residence

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1148.

90/0365


Right of residence for workers who have ceased their occupational activity

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1149.

90/0366


Right of residence for students

Member States which have notified implementing measures: DK, EL, E, IRL, I, L, NL, P

1150.

90/0377


Transparency of gas and electricity prices

Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1151.

90/0384


Weighing instruments

Member States which have notified implementing measures: all

>TABLE>

1152.

90/0385


Active implantable medical devices

Member States which have notified implementing measures: DK, D, E, F, I, IRL, L, NL, P, UK

>TABLE>

1153.

90/0387


Telecommunications - open network provision (ONP)

Member States which have notified implementing measures: all

1154.

90/0388


Competition in the markets for telecommunications services

Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P, UK

>TABLE>

1155.

90/0394


Protection of workers - carcinogens

Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1156.

90/0396


Gas appliances

Member States which have notified implementing measures: all

1157.

90/0398


Vehicles hired without drivers

Member States which have notified implementing measures: all

>TABLE>

1158.

90/0415


Dangerous substances in the sea

Member States which have notified implementing measures: B, DK, E, F, I, L, NL, UK

>TABLE>

1159.

90/0422


Health problems - trade in animals - bovine leucosis

Member States which have notified implementing measures: all

1160.

90/0423


Control of foot-and-mouth disease

Member States which have notified implementing measures: all

>TABLE>

1161.

90/0425


Veterinary checks in intra-Community trade

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, P, UK

>TABLE>

1162.

90/0426


Animal health conditions governing the movement of equidae

Member States which have notified implementing measures: all

>TABLE>

1163.

90/0427


Zootechnical conditions governing trade in equidae

Member States which have notified implementing measures: all

>TABLE>

1164.

90/0428


Trade in equidae for competitions

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1165.

90/0429


Health problems - porcine semen

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1166.

90/0434


Company mergers and divisions

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1167.

90/0435


Parent companies and subsidiaries

Member States which have notified implementing measures: all

1168.

90/0439


Products used in feedingstuffs

Member States which have notified implementing measures: all

1169.

90/0486


Electrically-operated lifts

Member States which have notified implementing measures: all

1170.

90/0487


Electrical equipment

Member States which have notified implementing measures: all

>TABLE>

1171.

90/0488


Pressure vessels

Member States which have notified implementing measures: all

1172.

90/0492


Labelling of dangerous preparations

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1173.

90/0496


Labelling of foodstuffs

Member States which have notified implementing measures: all

>TABLE>

1174.

90/0517


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, UK

>TABLE>

1175.

90/0531


Public contracts - excluded sectors

Member States which have notified implementing measures: DK, D, F, IRL, L, NL, UK (E: derogation until 1996, EL and P: derogation until 1998)

>TABLE>

1176.

90/0533


Plant protection products

Member States which have notified implementing measures: all

1177.

90/0539


Health problems - poultry and hatching eggs

Member States which have notified implementing measures: all

>TABLE>

1178.

90/0544


Frequency bands for radio paging

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK

>TABLE>

1179.

90/0547


Transit for electricity through transmission grids

Member States which have notified implementing measures: all

>TABLE>

1180.

90/0604


Annual accounts - consolidated accounts: publication in ECUs

Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, UK

>TABLE>

1181.

90/0605


Annual accounts - consolidated accounts: scope of application

Member States which have notified implementing measures: B, DK, F, IRL, I, L, NL, UK

>TABLE>

1182.

90/0612


Foodstuffs for human consumption - additives

Member States which have notified implementing measures: all

1183.

90/0618


Insurance of motor vehicles

Member States which have notified implementing measures: B, DK, D, F, IRL, I, L, NL, P, UK

>TABLE>

1184.

90/0619


Second Directive on life assurance

Member States which have notified implementing measures: B, DK, D, F, I, L, NL, P, UK

>TABLE>

1185.

90/0628


Safety belts

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1186.

90/0629


Safety belts

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

1187.

90/0630


Driver's field of vision in motor vehicles

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1188.

90/0641


Radiation protection - outside workers

Member States which have notified implementing measures: DK, D, F, IRL, L, NL, UK

>TABLE>

1189.

90/0642


Pesticide residues in products of plant origin

Member States which have notified implementing measures: B, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1190.

90/0653


Gas and electricity prices (addressee: Germany)

Member States which have notified implementing measures: D

1191.

90/0656


Transitional measures - protection of the environment (addressed to Germany)

Member States which have notified implementing measures: D

1192.

90/0658


Amendments to the mutual recognition of qualifications (Germany)

Member States which have notified implementing measures: DK, EL, L, NL

>TABLE>

1193.

90/0659


Transitional measures - health and safety of workers (addressed to Germany)

Member States which have notified implementing measures: D

1194.

90/0660


Transitional measures - protection of the environment (addressed to Germany)

Member States which have notified implementing measures: D

1195.

90/0667


Processing of animal waste

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, IRL, L, P, UK

>TABLE>

1196.

90/0675


Veterinary checks for products from non-member countries

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK

>TABLE>

1197.

90/0676


Veterinary medicinal products

Member States which have notified implementing measures: B, DK, D, EL, F, I, L, NL, UK

>TABLE>

1198.

90/0677


Immunological veterinary medicinal products

Member States which have notified implementing measures: B, DK, EL, F, I, L, NL, P

>TABLE>

1199.

90/0679


Risks relating to exposure to biological agents at work

Member States which have notified implementing measures: D, DK, EL, F, IRL, I, L, NL (P: derogation until 1995)

>TABLE>

1200.

91/0060


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

1201.

91/0067


Aquaculture products

Member States which have notified implementing measures: B, DK, E, I, L, NL, UK

>TABLE>

1202.

91/0068


Health problems - trade in sheep

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1203.

91/0069


Health problems - trade in sheep

Member States which have notified implementing measures: all

>TABLE>

1204.

91/0071


Foodstuffs for human consumption - flavourings (deadlines for transposal: 30. 6. 92 and 1. 1. 94)

Member States which have notified implementing measures: all

>TABLE>

1205.

91/0072


Labelling of foodstuffs (deadlines for transposal: 30. 6. 92 and 1. 1. 94)

Member States which have notified implementing measures: all

>TABLE>

1206.

91/0126


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

>TABLE>

1207.

91/0132


Feedingstuffs - undesirable substances

Member States which have notified implementing measures: all

>TABLE>

1208.

91/0155


Dangerous preparations

Member States which have notified implementing measures: B, D, EL, E, F, IRL, I, NL, UK

>TABLE>

1209.

91/0156


Waste

Member States which have notified implementing measures: B, DK, D, L, NL, P

>TABLE>

1210.

91/0157


Batteries containing dangerous substances

Member States which have notified implementing measures: DK, IRL, L, NL

>TABLE>

1211.

91/0173


Dangerous substances and preparations

Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, E, L, P, UK

>TABLE>

1212.

91/0174


Marketing of pure-bred animals

Member States which have notified implementing measures: all

>TABLE>

1213.

91/0184


Cosmetics

Member States which have notified implementing measures: all

1214.

91/0188


Plant protection products containing certain active substances

Member States which have notified implementing measures: all

1215.

91/0226


Spray-suppression systems of motor vehicles

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1216.

91/0238


Labelling of foodstuffs - indication of lot

Member States which have notified implementing measures: B, D, DK, E, EL, IRL, I, L, NL, P, UK

1217.

91/0244


Conservation of wild birds

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, P, UK

>TABLE>

1218.

91/0248


Feedingstuffs - additives

Member States which have notified implementing measures: all

1219.

91/0249


Feedingstuffs - additives

Member States which have notified implementing measures: all

>TABLE>

1220.

91/0250


Legal protection of computer programs

Member States which have notified implementing measures: B, D, DK, EL, E, F, I, IRL, NL, P, UK

>TABLE>

1221.

91/0263


Telecommunications terminal equipment

Member States which have notified implementing measures: DK, D, E, F, I, NL, P, UK

>TABLE>

1222.

91/0266


Health problems - trade in animals and meat

Member States which have notified implementing measures: all

1223.

91/0269


Electrical equipment for use in mines susceptible to firedamp

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, IRL, NL, L, P, UK

>TABLE>

1224.

91/0271


Urban waste-water treatment

Member States which have notified implementing measures: DK, F, L

>TABLE>

1225.

91/0287


Cordless telecommunications - frequency bands

Member States which have notified implementing measures: all

>TABLE>

1226.

91/0296


Transit of natural gas through grids

Member States which have notified implementing measures: B, DK, EL, I, IRL, L, NL, UK

>TABLE>

1227.

91/0308


Money laundering

Member States which have notified implementing measures: B, DK, D, E, F, I, L, NL, P, UK

>TABLE>

1228.

91/0321


Infant formulae (deadlines for transposal: 1. 6. 92 and 1. 6. 94)

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1229.

91/0322


Protection of workers from risks relating to exposure to chemical, physical and biological agents

Member States which have notified implementing measures: B, D, DK, I, L, NL, UK

>TABLE>

1230.

91/0325


Labelling of dangerous substances (double deadline for transposal: 8. 6. 91 and 1. 7. 92)

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL

>TABLE>

1231.

91/0326


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL

>TABLE>

1232.

91/0328


Roadworthiness tests for motor vehicles and their trailers

Member States which have notified implementing measures: B, D, EL, E, F, I, L, NL, P, UK

>TABLE>

1233.

91/0334


Compound feedingstuffs for pet animals

Member States which have notified implementing measures: all

>TABLE>

1234.

91/0336


Feedingstuffs - additives

Member States which have notified implementing measures: all

>TABLE>

1235.

91/0338


Dangerous substances and preparations

Member States which have notified implementing measures: D, DK, E, EL, F, IRL, I, L, P, UK

>TABLE>

1236.

91/0339


Dangerous substances and preparations

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1237.

91/0356


Good manufacturing practice for medicinal products

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1238.

91/0357


Compound feedingstuffs

Member States which have notified implementing measures: all

1239.

91/0368


Machinery

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1240.

91/0371


Implementation of the agreement between the EEC and Switzerland on insurance

Member States which have notified implementing measures: DK, D, F, NL, P, UK

>TABLE>

1241.

91/0382


Protection of workers (asbestos)

Member States which have notified implementing measures: B, DK, D, EL, E, IRL, L, P, UK

>TABLE>

1242.

91/0383


Health and safety of temporary workers

Member States which have notified implementing measures: DK, E, IRL, L, NL, P, UK

>TABLE>

1243.

91/0410


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, EL, E, IRL, L

>TABLE>

1244.

91/0412


Principles and guidelines of good manufacturing practice for veterinary medicinal products

Member States which have notified implementing measures: B, DK, D, L, NL

>TABLE>

1245.

91/0414


Placing of plant protection products on the market

Member States which have notified implementing measures: B, DK, E, F, IRL, L

>TABLE>

1246.

91/0422


Braking devices of motor vehicles

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, NL, P

>TABLE>

1247.

91/0440


Development of railways

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1248.

91/0441


Emissions from motor vehicles

Member States which have notified implementing measures: all

1249.

91/0442


Child-resistant fastenings

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P

>TABLE>

1250.

91/0477


Arms control

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, NL, P, UK

>TABLE>

1251.

91/0492


Live bivalve molluscs

Member States which have notified implementing measures: B, D, DK, EL, E, F, I, L, NL, UK

>TABLE>

1252.

91/0493


Fishery products

Member States which have notified implementing measures: B, D, DK, EL, E, I, F, L, NL, UK

>TABLE>

1253.

91/0494


Health problems - import of poultrymeat

Member States which have notified implementing measures: all

>TABLE>

1254.

91/0495


Rabbit meat and farmed game meat

Member States which have notified implementing measures: B, DK, E, F, I, L, NL, P

>TABLE>

1255.

91/0496


Veterinary checks for animals from non-member countries

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, P, NL, UK

>TABLE>

1256.

91/0497


Fresh meat

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1257.

91/0499


Health problems - trade in animals - brucellosis

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, UK

>TABLE>

1258.

91/0507


Testing of medicinal products

Member States which have notified implementing measures: B, DK, EL, E, IRL, I, L, NL, P, UK

>TABLE>

1259.

91/0508


Feedingstuffs - additives

Member States which have notified implementing measures: all

>TABLE>

1260.

91/0533


Obligation to inform employees of the conditions applicable to the employment relationship

Member States which have notified implementing measures: EL, F, IRL, NL, P, UK

>TABLE>

1261.

91/0542


Gas emissions from diesel engines

Member States which have notified implementing measures: all

>TABLE>

1262.

91/0628


Protection of animals during transport

Member States which have notified implementing measures: B, DK, E, I, L, NL, UK

>TABLE>

1263.

91/0629


Protection of calves

Member States which have notified implementing measures: B, D, DK, E, EL, F, I, L, NL, P, UK

>TABLE>

1264.

91/0630


Protection of pigs

Member States which have notified implementing measures: B, D, DK, E, F, I, L, NL, P, UK

>TABLE>

1265.

91/0632


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, NL

>TABLE>

1266.

91/0633


Own funds of credit institutions

Member States which have notified implementing measures: all

1267.

91/0659


Dangerous substances and preparations

Member States which have notified implementing measures: D, DK, E, EL, F, IRL, I, L, NL, P, UK

>TABLE>

1268.

91/0662


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

1269.

91/0663


Lighting and light-signalling devices on motor vehicles

Member States which have notified implementing measures: all

1270.

91/0670


Mutual acceptance of personnel licences in civil aviation

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P

>TABLE>

1271.

91/0671


Use of safety belts

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1272.

91/0672


Boatmasters' certificates for inland waterways

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1273.

91/0674


Annual accounts of insurance undertakings

Member States which have notified implementing measures: F, L, NL, P, UK

>TABLE>

1274.

91/0676


Pollution of water by nitrates of agricultural origin

Member States which have notified implementing measures: DK, F, L

(91/0689)

(Hazardous waste)

(Before this Directive could be transposed, the Commission had to adopt a catalogue of types of waste; it did so, with some delay, only in 1994. Directive 94/31 extended Directive 78/0319 until 27/6/95, and the entry into force of Directive 91/0689 is deferred to that date)

1275.

91/0680


VAT - abolition of tax frontiers

Member States which have notified implementing measures: all

1276.

91/0682


Material for the propagation of ornamental plants

Member States which have notified implementing measures: B, D, DK, E, F, I, IRL, L, NL, P

>TABLE>

1277.

91/0683


Organisms harmful to plants

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1278.

91/0684


Health problems - egg products

Member States which have notified implementing measures: all

>TABLE>

1279.

91/0685


Control of classical swine fever

Member States which have notified implementing measures: B, DK, D, E, EL, F, IRL, L, NL, P, UK

>TABLE>

1280.

91/0687


Health problems - trade in animals - classical swine fever

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1281.

91/0688


Health problems - import of animals and meat

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1282.

91/0689


Hazardous waste

Member States which have notified implementing measures: no

No proceedings have been commenced for failure to notify national implementing measures, as the Directive cannot be incorporated into national law until the Commission has adopted a list of wastes

1283.

92/0001


Quick-frozen foodstuffs

Member States which have notified implementing measures: B, DK, EL, E, L, NL, P, UK

>TABLE>

1284.

92/0002


Community method of analysis for the control of the temperatures of quick-frozen foods

Member States which have notified implementing measures: B, DK, EL, E, L, NL

>TABLE>

1285.

92/0003


Shipments of radioactive waste

Member States which have notified implementing measures: DK, F, IRL, L, NL, UK

>TABLE>

1286.

92/0004


Criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs

Member States which have notified implementing measures: all

>TABLE>

1287.

92/0005


Health problems - meat products

Member States which have notified implementing measures: B, DK, E, F, I, L, NL, P, UK

>TABLE>

1288.

92/0006


Speed limitation devices for certain categories of motor vehicles

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, UK

>TABLE>

1289.

92/0007


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

>TABLE>

1290.

92/0008


Cosmetics

Member States which have notified implementing measures: all

1291.

92/0009


Seed of oil and fibre plants

Member States which have notified implementing measures: all

>TABLE>

1292.

92/0012


Arrangements for products subject to excise duty

Member States which have notified implementing measures: all

1293.

92/0013


Public contracts - review procedures (excluded sectors)

Member States which have notified implementing measures: DK, D, F, IRL, I, L, NL, UK (E: derogation until 1996; EL and P: derogation until 1998)

>TABLE>

1294.

92/0014


Operation of aeroplanes

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1295.

92/0015


Materials and articles made of regenerated cellulose film in contact with foodstuffs Repealed by Directive 93/0010 with effect from 1 January 1994

1296.

92/0018


Veterinary medicinal products - analytical standards and protocols

Member States which have notified implementing measures: B, DK, I, NL, P

>TABLE>

1297.

92/0019


Fodder-plant seed

Member States which have notified implementing measures: all

1298.

92/0021


Weights and dimensions of motor vehicles

Member States which have notified implementing measures: all

1299.

92/0022


Glazing on motor vehicles

Member States which have notified implementing measures: all

1300.

92/0023


Tyres for motor vehicles

Member States which have notified implementing measures: all

1301.

92/0024


Speed limitation devices

Member States which have notified implementing measures: B, DK, D, EL, E, IRL, I, L, NL, P, UK

>TABLE>

1302.

92/0025


Wholesale distribution of medicinal products

Member States which have notified implementing measures: B, EL, F, IRL, I, NL, UK

>TABLE>

1303.

92/0026


Classification for the supply of medicinal products

Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, I, L, NL, P, UK

>TABLE>

1304.

92/0027


Labelling of medicinal products and package leaflets

Member States which have notified implementing measures: B, D, DK, EL, E, IRL, I, L, NL, UK

>TABLE>

1305.

92/0028


Advertising of medicinal products

Member States which have notified implementing measures: DK, D, E, EL, IRL, I, L, UK

>TABLE>

1306.

92/0029


Health and safety on board ships

Member States which have notified implementing measures: E, F

>TABLE>

1307.

92/0030


Supervision of credit institutions

Member States which have notified implementing measures: B, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1308.

92/0031


Electromagnetic compatibility

Member States which have notified implementing measures: B, DK, D, E, EL, F, I, L, P, UK

>TABLE>

1309.

92/0032


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, F, IRL, L, NL, UK

>TABLE>

1310.

92/0033


Vegetable propagating material

Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P

>TABLE>

1311.

92/0034


Fruit-plant propagating material

Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P

>TABLE>

1312.

92/0035


Control of African horse sickness

Member States which have notified implementing measures: B, D, DK, EL, E, IRL, L, P, NL, UK

>TABLE>

1313.

92/0036


African horse sickness

Member States which have notified implementing measures: all

>TABLE>

1314.

92/0037


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, EL, F, NL, IRL, L

>TABLE>

1315.

92/0039


Foodstuffs for human consumption - materials intended to come into contact (deadlines for transposal: 31. 12. 92, 31. 3. 94, 1. 4. 95)

Member States which have notified implementing measures: all

>TABLE>

1316.

92/0040


Avian influenza

Member States which have notified implementing measures: DK, E, F, IRL, L, NL, P

>TABLE>

1317.

92/0041


Labelling of tobacco products

Member States which have notified implementing measures: B, DK, D, E, EL, F, IRL, I, P, UK

>TABLE>

1318.

92/0042


Efficiency requirements for hot-water boilers

Member States which have notified implementing measures: DK, D, EL, F, IRL, NL, UK

>TABLE>

1319.

92/0043


Conservation of natural habitats and wild fauna and flora

Member States which have notified implementing measures: B, DK, IRL, L, NL

>TABLE>

1320.

92/0044


Application of open network provision to leased lines

Member States which have notified implementing measures: B, DK, D, F, NL, UK

>TABLE>

1321.

92/0045


Wild-game meat

Member States which have notified implementing measures: D, DK, E, L, NL

>TABLE>

1322.

92/0046


Milk products

Member States which have notified implementing measures: B, DK, E, L, NL, P

>TABLE>

1323.

92/0048


Hygiene rules applicable to fishery products

Member States which have notified implementing measures: D, DK, EL, E, F, L, NL, UK

>TABLE>

1324.

92/0049


Third Directive on insurance other than life assurance

Member States which have notified implementing measures: DK, D, F, L, NL, P, UK

>TABLE>

1325.

92/0050


Public service contracts

Member States which have notified implementing measures: DK, IRL, L, NL, UK

>TABLE>

1326.

92/0051


Mutual recognition of diplomas - second general system

Member States which have notified implementing measures: I, L, NL

>TABLE>

1327.

92/0052


Infant formulae for export

Member States which have notified implementing measures: B, DK, E, EL, F, IRL, I, L, NL

>TABLE>

1328.

92/0053


Type-approval of motor vehicles

Member States which have notified implementing measures: B, DK, E, IRL, I, L, NL, P, UK

>TABLE>

1329.

92/0054


Roadworthiness tests for motor vehicles and their trailers (brakes)

Member States which have notified implementing measures: B, DK, D, E, F, P, UK

>TABLE>

1330.

92/0055


Roadworthiness tests for motor vehicles and their trailers (exhaust emissions)

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1331.

92/0056


Collective redundancies

Member States which have notified implementing measures: E, L, NL

>TABLE>

1332.

92/0057


Minimum safety and health requirements at temporary or mobile construction sites

Member States which have notified implementing measures: DK, F, L, NL

>TABLE>

1333.

92/0058


Safety and/or health signs at work

Member States which have notified implementing measures: F, NL

>TABLE>

1334.

92/0059


General product safety

Member States which have notified implementing measures: B, DK, F, NL, UK

>TABLE>

1335.

92/0060


Veterinary and zootechnical checks in intra-Community trade

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK

>TABLE>

1336.

92/0061


Type-approval of two- and three-wheel motor vehicles

Member States which have notified implementing measures: all except UK

>TABLE>

1337.

92/0062


Steering equipment for motor vehicles

Member States which have notified implementing measures: all

>TABLE>

1338.

92/0063


Undesirable substances and products in animal nutrition

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1339.

92/0064


Feedingstuffs - additives

Member States which have notified implementing measures: all

>TABLE>

1340.

92/0065


Semen, ova and embryos not subject to Directive 90/425/EEC

Member States which have notified implementing measures: B, D, DK, E, F, L, NL, UK

>TABLE>

1341.

92/0066


Control of Newcastle disease

Member States which have notified implementing measures: DK, E, F, IRL, L, NL, P

>TABLE>

1342.

92/0067


Veterinary checks in intra-Community trade

Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK

>TABLE>

1343.

92/0069


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, F, IRL, L, NL, UK

>TABLE>

1344.

92/0070


Recognition of protected zones

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1345.

92/0072


Air pollution by ozone

Member States which have notified implementing measures: DK, D, IRL, L

>TABLE>

1346.

92/0073


Homeopathic medicinal products for human use

Member States which have notified implementing measures: DK, D, I, UK

>TABLE>

1347.

92/0074


Homeopathic veterinary medicinal products

Member States which have notified implementing measures: DK, D, NL

>TABLE>

1348.

92/0075


Information on the consumption of energy by household appliances

Member States which have notified implementing measures: DK, E, F, NL, P

>TABLE>

1349.

92/0076


Protected zones exposed to particular plant health risks

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1350.

92/0077


Approximation of VAT rates

Member States which have notified implementing measures: all

>TABLE>

1351.

92/0078


Taxes on tobacco

Member States which have notified implementing measures: all

1352.

92/0079


Taxes on cigarettes

Member States which have notified implementing measures: all

1353.

92/0080


Taxes on tobacco

Member States which have notified implementing measures: all

1354.

92/0081


Excise duty on mineral oils

Member States which have notified implementing measures: all

1355.

92/0082


Excise duty on mineral oils

Member States which have notified implementing measures: all

1356.

92/0083


Excise duty on alcohol

Member States which have notified implementing measures: all

1357.

92/0084


Excise duty on alcohol

Member States which have notified implementing measures: all

1358.

92/0085


Safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding

Member States which have notified implementing measures: DK, E, IRL, NL, UK

>TABLE>

1359.

92/0086


Cosmetics

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, UK

>TABLE>

1360.

92/0087


Preparation of compound feedingstuffs intended for animals other than pets

Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1361.

92/0088


Undesirable substances and products in animal nutrition

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1362.

92/0089


Community methods of analysis for the official control of feedingstuffs

Member States which have notified implementing measures: B, D, DK, EL, F, IRL, I, L, NL, UK

>TABLE>

1363.

92/0090


Producers and importers of plants

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1364.

92/0091


Protection of workers in extracting industries by drilling

Member States which have notified implementing measures: DK, L

>TABLE>

1365.

92/0095


Community methods of analysis for the official control of feedingstuffs

Member States which have notified implementing measures: B, D, DK, EL, F, IRL, I, L, NL, UK

>TABLE>

1366.

92/0096


Third Directive on life assurance

Member States which have notified implementing measures: DK, D, F, L, NL, P, UK

>TABLE>

1367.

92/0097


Permissible sound level and the exhaust system of motor vehicles

Member States which have notified implementing measures: DK, D, E, IRL, I, P, UK

>TABLE>

1368.

92/0098


Organisms harmful to plants

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1369.

92/0101


Maintenance and alteration of the capital of public limited-liability companies

Member States which have notified implementing measures: DK, D, F, I, UK

>TABLE>

1370.

92/0102


Identification and registration of animals

Member States which have notified implementing measures: DK

>TABLE>

1371.

92/0103


Organisms harmful to plants

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1372.

92/0104


Health and safety of workers in underground and open cast mining industries

Member States which have notified implementing measures: DK, L, NL

>TABLE>

1373.

92/0105


Plant passports

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1374.

92/0106


Combined transport

Member States which have notified implementing measures: DK, D, E, IRL, I, L, NL, P, UK

>TABLE>

1375.

92/0107


Oil and fibre plants

Member States which have notified implementing measures: B, DK, D, EL, E, F, L, NL, UK

>TABLE>

1376.

92/0108


Products subject to excise duties - Amendment of Directives 92/12/CEE and 92/81/CEE

Member States which have notified implementing measures: all

1377.

92/0109


Narcotic drugs and psychotropic substances

Member States which have notified implementing measures: B, DK, D, EL, IRL, NL, P, UK

>TABLE>

1378.

92/0110


Minced meat

Member States which have notified implementing measures: B, DK, E, F, IRL, NL, P

>TABLE>

1379.

92/0111


VAT - simplification measures

Member States which have notified implementing measures: all

>TABLE>

1380.

92/0112


Pollution - titanium dioxide

Member States which have notified implementing measures: DK, D, E, F, IRL, L, NL

>TABLE>

1381.

92/0113


Additives in feedingstuffs

Member States which have notified implementing measures: all

>TABLE>

1382.

92/0114


Cabs of motor vehicles of category N

Member States which have notified implementing measures: all

>TABLE>

1383.

92/0115


Extraction solvents used in the production of foodstuffs (deadlines for transposal: 1. 7. 93 and 1. 7. 94)

Member States which have notified implementing measures: all

>TABLE>

1384.

92/0116


Health problems affecting trade in fresh poultrymeat

Member States which have notified implementing measures: B, DK, E, F, L, NL, UK

>TABLE>

1385.

92/0117


Zoonoses and zoonotic agents

Member States which have notified implementing measures: DK, D, EL, L, P, UK

>TABLE>

1386.

92/0118


Products not subject to specific health requirements

Member States which have notified implementing measures: B, D, DK, E, P, UK

>TABLE>

1387.

92/0119


Specific measures relating to swine vesicular disease

Member States which have notified implementing measures: D, DK, E, L, UK

>TABLE>

1388.

92/0121


Large exposures of credit institutions

Member States which have notified implementing measures: B, DK, E, EL, F, IRL, I, L, NL, UK

>TABLE>

1389.

93/0001


Methods of sampling and analysis for fertilizers

Member States which have notified implementing measures: B, DK, EL, F, IRL, I, L, P, NL, UK

>TABLE>

1390.

93/0005


Scientific examination of questions relating to food

Member States which have notified implementing measures: all

>TABLE>

1391.

93/0008


Plastic materials and articles intended to come into contact with foodstuffs

Member States which have notified implementing measures: B, D, DK, F, IRL, NL

1392.

93/0009


Plastic materials and articles intended to come into contact with foodstuffs

Member States which have notified implementing measures: B, D, DK, F, IRL, NL

1393.

93/0010


Materials and articles of regenerated cellulose film intended to come into contact with foodstuffs

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, NL, UK

1394.

93/0011


N-nitrosamines in rubber teats and soothers

Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, NL, P

>TABLE>

1395.

93/0012


Sulphur content of liquid fuels

Member States which have notified implementing measures: DK, EL, IRL, L, NL, UK

>TABLE>

1396.

93/0013


Unfair contract terms

Member States which have notified implementing measures: NL, B

1397.

93/0014


Braking systems of two- and three-wheel motor vehicles

Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P

1398.

93/0015


Placing on the market and supervision of explosives for civil uses (double deadline for transposal: 30. 9. 93 and 30. 6. 94)

Member States which have notified implementing measures: B, DK, I, L, NL, P, UK

>TABLE>

1399.

93/0017


Community grades of seed potatoes

Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, UK

>TABLE>

1400.

93/0018


Dangerous preparations

Member States which have notified implementing measures: D, F

1401.

93/0021


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, F, IRL, NL

>TABLE>

1402.

93/0026


Feedingstuffs

Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, L, NL, P, UK

>TABLE>

1403.

93/0027


Feedingstuffs - additives

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1404.

93/0028


Official control of feedingstuffs

Member States which have notified implementing measures: B, D, DK, EL, F, IRL, I, L, NL, UK

>TABLE>

1405.

93/0029


Identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P

1406.

93/0030


Audible warning devices for two- or three-wheel motor vehicles

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P

1407.

93/0031


Stands for two- or three-wheel motor vehicles

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P

1408.

93/0032


Passenger hand-holds for two- or three-wheel motor vehicles

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P

1409.

93/0033


Devices to prevent unauthorized use of two- or three-wheel motor vehicles

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P

1410.

93/0034


Statutory markings for two- or three-wheel motor vehicles

Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P

1411.

93/0035


Cosmetics

Member States which have notified implementing measures: none

1412.

93/0036


Public supply contracts

Member States which notified implementing measures in 1994: DK, L, NL, P

>TABLE>

1413.

93/0038


Public contracts

Member States which have notified implementing measures: DK, L, NL

1414.

93/0039


Medicines

Member States which have notified implementing measures: all

1415.

93/0040


Veterinary medicinal products

Member States which have notified implementing measures: all

1416.

93/0041


High-technology medicinal products

Member States which have notified implementing measures: all

1417.

93/0044


Machinery

Member States which have notified implementing measures: IRL, DK, UK

1418.

93/0045


Nectars without addition of sugar or honey

Member States which have notified implementing measures: B, EL, IRL, UK

>TABLE>

1419.

93/0046


Drugs - precursors

Member States which have notified implementing measures: B, E, IRL

>TABLE>

1420.

93/0047


Cosmetics

Member States which have notified implementing measures: D, DK, F, I, E, L, NL, UK

>TABLE>

1421.

93/0048


Fruit-plant propagating material

Member States which have notified implementing measures: DK, IRL, L, NL

>TABLE>

1422.

93/0049


Material for the propagation of ornamental plants

Member States which have notified implementing measures: DK, E, IRL, L, NL

>TABLE>

1423.

93/0050


Organisms harmful to plants

Member States which have notified implementing measures: B, D, DK, E, F, I, IRL, L, NL, P, UK

>TABLE>

1424.

93/0051


Movement of plants in protected zones

Member States which have notified implementing measures: B, D, DK, E, F, I, IRL, L, NL, P, UK

>TABLE>

1425.

93/0052


Embryos of domestic bovine animals

Member States which have notified implementing measures: D, E, F, IRL, NL, P

>TABLE>

1426.

93/0053


Control of certain fish diseases

Member States which have notified implementing measures: DK, E, L, UK

>TABLE>

1427.

93/0054


Animals and products of fish farming

Member States which have notified implementing measures: DK, E, L, UK

>TABLE>

1428.

93/0055


Feedingstuffs - additives

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1429.

93/0056


Feedingstuffs

Member States which have notified implementing measures: B, D, DK, E, EL, F, IRL, L, NL, P, UK

>TABLE>

1430.

93/0057


Pesticide residues - cereals and foodstuffs of animal origin

Member States which have notified implementing measures: all

>TABLE>

1431.

93/0058


Pesticide residues - products of plant origin

Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK

>TABLE>

1432.

93/0059


Air pollution by emissions from motor vehicles

Member States which have notified implementing measures: DK

>TABLE>

1433.

93/0060


Fresh semen

Member States which have notified implementing measures: D, DK, IRL

>TABLE>

1434.

93/0061


Vegetable propagating and planting material

Member States which have notified implementing measures: DK, E, IRL, L, NL

>TABLE>

1435.

93/0062


Vegetable propagating material

Member States which have notified implementing measures: DK, IRL, L, NL

>TABLE>

1436.

93/0063


Ornamental plants

Member States which have notified implementing measures: DK, E, IRL, NL

>TABLE>

1437.

93/0064


Fruit plant propagating material

Member States which have notified implementing measures: DK, IRL, L, NL

>TABLE>

1438.

93/0065


Air-traffic management systems

Member States which have notified implementing measures: DK, D, E, F, IRL, L, UK

1439.

93/0067


Principles for assessment of risks

Member States which have notified implementing measures: DK, D, F, IRL, L, NL

>TABLE>

1440.

93/0069


Fertilizers

Member States which have notified implementing measures: DK, E, IRL, I, L, NL, P, UK

1441.

93/0070


Official control of feedingstuffs

Member States which have notified implementing measures: B, D, DK, F, IRL, I, L, NL

>TABLE>

1442.

93/0071


Plant protection products

Member States which have notified implementing measures: DK, E, F, IRL, L

>TABLE>

1443.

93/0072


Labelling of dangerous substances

Member States which have notified implementing measures: DK, D, F, IRL, NL

>TABLE>

1444.

93/0073


Cosmetics

Member States which have notified implementing measures: DK, UK

1445.

93/0075


Shipment of dangerous or polluting goods

Member States which have notified implementing measures: D, EL

1446.

93/0076


Carbon dioxide emissions

Member States which have notified implementing measures: NL, UK

>TABLE>

1447.

93/0078


Ornamental plants

Member States which have notified implementing measures: DK, E, IRL, L, NL

>TABLE>

1448.

93/0079


Fruit plant propagating material

Member States which have notified implementing measures: DK, IRL, L, NL

>TABLE>

1449.

93/0081


Type-approval of motor vehicles

Member States which have notified implementing measures: B, D, EL, E, F, IRL, L, NL, UK

>TABLE>

1450.

93/0084


Transparency of financial relations between Member States and public undertakings

Member States which have notified implementing measures: DK, D, E, F, IRL, I, L, NL, P, UK

>TABLE>

1451.

93/0085


Potato ring rot

Member States which have notified implementing measures: B, DK, E, EL, IRL, L, NL, UK

>TABLE>

1452.

93/0086


Batteries and accumulators containing certain dangerous substances

Member States which have notified implementing measures: DK, IRL, L, NL

>TABLE>

1453.

93/0088


Exposure to biological agents

Member States which have notified implementing measures: DK, D, EL, F, IRL, I, L, NL (derogation Portugal 31. 12. 95)

>TABLE>

1454.

93/0089


Taxes on certain vehicles used for the carriage of goods by road

Member States which have notified implementing measures: B, D, DK, L, UK

1455.

93/0090


Labelling of dangerous substances

Member States which have notified implementing measures: DK, F, IRL, NL

>TABLE>

1456.

93/0091


Interior fittings of motor vehicles

Member States which have notified implementing measures: all

1457.

93/0095


Personal protective equipment

Member States which have notified implementing measures: DK, EL, E, IRL, NL, UK

1458.

93/0102


Labelling of foodstuffs

Member States which have notified implementing measures: DK, F, NL

1459.

93/0105


Information required for technical dossiers

Member States which have notified implementing measures: DK, F, IRL, L, NL

>TABLE>

1460.

93/0106


Particular plant health risks - protected zones

Member States which have notified implementing measures: DK, D, E, F, IRL, I, NL, P

>TABLE>

1461.

93/0107


Feedingstuffs - additives

Member States which have notified implementing measures: B, D, DK, F, IRL, I, L, P

>TABLE>

1462.

93/0110


Organisms harmful to plants and plant products

Member States which have notified implementing measures: D, DK, E, F, IRL, I, L, NL, P

>TABLE>

1463.

93/0113


Enzymes and micro-organisms in animal nutrition

Member States which have notified implementing measures: B, D, DK, E, L, UK

>TABLE>

1464.

93/0114


Feedingstuffs - additives

Member States which have notified implementing measures: B, D, DK, E, L, UK

>TABLE>

1465.

93/0116


Fuel consumption of motor vehicles

Member States which have notified implementing measures: B, DK, D, EL, E, I, L, NL, P, UK

>TABLE>

1466.

93/0117


Official control of feedingstuffs

Member States which have notified implementing measures: D, DK, F, IRL, NL, P

>TABLE>

1467.

93/0118


Financing of veterinary health inspections

Member States which have notified implementing measures: all (as regards provisions falling due by 31. 12. 93)

>TABLE>

1468.

94/0002


Energy labelling of refrigerators, freezers and their combinations

Member States which have notified implementing measures: NL

>TABLE>

1469.

94/0003


Interception of harmful organisms

Member States which have notified implementing measures: DK, E, F, IRL, NL, P, UK

>TABLE>

1470.

94/0004


Tax-free allowances for travellers - imports and duty-free purchases

Member States which have notified implementing measures: D, DK, EL, E, F, IRL, L, NL, UK

1471.

94/0012


Pollution by emissions from motor vehicles

Member States which have notified implementing measures: DK, D, E, F, L, NL, UK

1472.

94/0013


Organisms harmful to plants

Member States which have notified implementing measures: IRL, NL

>TABLE>

1473.

94/0015


Genetically modified organisms

Member States which have notified implementing measures: DK, NL

>TABLE>

1474.

94/0017


Feedingstuffs - additives

Member States which have notified implementing measures: B, D, DK, E, F, L, UK

>TABLE>

1475.

94/0032


Cosmetics

Member States which have notified implementing measures: none

1476.

94/0038


Amendment to Directive 92/51

Member States which have notified implementing measures: none

1477.

94/0040


Additives - guidelines for evaluation

Member States which have notified implementing measures: B, DK, F, L, NL

>TABLE>

1478.

94/0047


Time-sharing

Member States which have notified implementing measures: none


ANNEX V


JUDGMENTS OF THE COURT OF JUSTICE NOT YET IMPLEMENTED AT 31 DECEMBER 1994


BELGIUM

Judgment given on 19/10/81, Case C-137/80

Judgment given on 03/10/89, Case C-383/85

Transfer of pension rights.

On 12. 9. 1994 the Belgian authorities transmitted new draft legislation which is still under discussion:

1479.

Judgment given on 02/02/82, Case C-71/81


Judgment given on 14/01/88, Case C-230/85

Disposal of polychlorinated biphenyls and terphenyls (PCBs/PCTs).

On 25. 10. 1994 the Flemish Region, at the Commission's request, transmitted legislation amending a large number of provisions.

1480.

Judgment given on 08/07/87, Case C-247/85


Wild birds.

Walloon legislation is now under scrutiny.

1481.

Judgment given on 27/09/88, Case C-42/87


Judgment given on 03/05/94, Case C-47/93

Discrimination in public financing - non-university further education.

The Commission has contacted the Belgian authorities requesting notification of measures to comply with the Court's judgment.

1482.

Judgment given on 05/04/90, Case C-6/89


50 % reduction in remuneration paid by the Belgian Administration to Belgian teachers seconded to the European Schools.

The Belgian authorities are taking the promised action.

1483.

Judgment given on 19/02/91, Case C-375/89


Aid for Idealspun/Beaulieu.

The Belgian authorities have commenced proceedings in the national courts to recover the unlawful aid.

Judgment was given on 20. 9. 1994. The company has appealed against it. Provisional enforcement measures are being considered.

1484.

Judgment given on 16/05/91, Cases C-167/90


Pharmacists: coordination and mutual recognition of qualifications.

The Belgian authorities have notified draft legislation which neither fully transposes the directives nor complies with point 1 of the operative part of the Court's judgment.

Article 171 proceedings are in motion.

1485.

Judgment given on 11/06/91, Case C-290/89


Surface water.

Belgium has notified a plan of action for the Flemish and Walloon Regions. Provisions to regulate sampling frequencies in Wallonia are still missing but have been promised for January 1995.

1486.

Judgment given on 26/02/92, Case C-377/90


Carriage of goods by inland waterway - access to the occupation.

Transposal legislation has been notified.

The Commission is looking forward to its formal enactment.

1487.

Judgment given on 10/11/92, Case C-326/90


Covert discrimination regarding social security benefits.

Belgium has adapted its legislation in response to a judgment by the Court of Justice, but problems remain. Article 171 proceedings have been commenced.

1488.

Judgment given on 16/12/92, Case C-211/91


Decree of the Flemish Community regarding cable TV distribution.

On 4. 5. 1994 the Flemish Community adopted a Decree on cable television. Case C-11/95 in the Court of Justice concerns this Decree.

1489.

Judgment given on 17/02/93, Case C-173/91


Equal treatment of men and women.

Discrimination based on age.

Article 171 proceedings are in motion.

1490.

Judgment given on 10/03/93, Case C-186/91


Air quality standards for nitrogen dioxide.

Article 171 proceedings have been commenced.

1491.

Judgment given on 08/06/93, Case C-373/92


Duplicate tests on imported sterile medical accessories.

On 22. 3. 1994 the Belgian authorities notified a draft Royal Decree that would bring the legislation into line.

The Commission hopes that it will be passed quickly so as to put an end to the infringement.

1492.

Judgment given on 23/02/94, Case C-336/93


Road transport, recording equipment.

Article 171 proceedings have been commenced.

1493.

Judgment given on 24/03/94, Case C-80/92


Free movement of wireless telephones.

The Commission has contacted the Belgian authorities to ascertain what measures are to be taken to comply with the Court's judgment.

1494.

Judgment given on 03/05/94, Case C-260/93


Sewage sludge used in agriculture.

The Commission has contacted the Belgian authorities.

1495.

Judgment given on 28/09/94, Case C-65/94


Medicated feedingstuffs in the Community.

Recent judgment.


1496.

GERMANY


Judgment given on 03/07/90, Case C-288/88

Wild birds, shooting laws.

Bills that were to be enacted before summer 1994 have been notified.

Article 171 proceedings are in motion pending their enactment.

1497.

Judgment given on 20/09/90


Bug-Alutechnik - repayment of a grant.

National recovery proceedings are in motion.

The Commission is in contact with the German authorities to monitor the progress of the court case.

Article 171 proceedings are in motion.

1498.

Judgment given on 28/02/91, Case C-131/88


Groundwater.

The German authorities have not notified measures to comply with the Court's judgment.

Article 171 proceedings are in motion.

1499.

Judgment given on 17/10/91, Case C-58/89


Surface water, not properly implemented.

The German authorities have not notified the measures taken to comply with the Court's judgment.

Article 171 proceedings are in motion.

1500.

Judgment given on 01/06/94, Case C-317/92


Sterile medical accessories: packaging and labelling.

The Commission has contacted the German authorities to ascertain what measures are planned to comply with the Court's judgment.

1501.

Judgment given on 13/07/94, Case C-131/93


Imports of live freshwater crayfish.

The Commission has contacted the German authorities to ascertain what measures are planned to comply with the Court's judgment.


1502.

GREECE


Judgment given on 15/03/88, Case C-147/86

Judgment given on 30/01/92, Case C-328/90

Ban on opening a private school (Frontistirion); nationality discrimination.

On 1. 9. 1994 the Greek authorities notified the Commission of Decree No 211/94, which abolishes the nationality requirement. The Decree is being scrutinized by the Commission.

1503.

Judgment given on 08/11/90, Case C-53/88


Protection of workers in the event of the employer's insolvency.

The Greek authorities have sent additional replies which are under discussion with the Commission.

1504.

Judgment given on 26/02/91, Case C-189/89


Restrictions on freedom to provide services - tourist guides.

The Greek authorities have sent notification of a Presidential Decree to comply with the Court's judgment as regards legislation on tourist guides.

The Greek authorities have been asked to supply additional explanations, with details as to the timing.

1505.

Judgment given on 07/04/92, Case C-45/91


Village waste in Crete.

The Greek authorities have not replied to the Commission letter requesting notification of measures to comply with the Court's judgment.

Article 171 proceedings are in motion.


1506.

SPAIN


Judgment given on 10/12/90, Case C-192/90

Failure to notify programmes for the application of the Directive on containers of liquids for human consumption.

Since a new general Directive on packaging was issued on 20. 12. 1994, the Commission saw no further need to pursue actions against Member States that had failed to give proper effect to a directive relating to specific form of packaging which in any case will cease to have effect on 30. 6. 1996.

1507.

Judgment given on 02/08/93, Case C-355/90


Conservation of wild birds.

The Commission has contacted the Spanish authorities.

1508.

Judgment given on 17/11/93, Case C-71/92


Public works and supply contracts.

Article 171 proceedings have been commenced.

1509.

Judgment given on 15/03/94, Case C-45/93


Nationality discrimination regarding access to museums.

Spanish federal legislation has been amended; regional measures are still awaited.

1510.

Judgment given on 22/03/94, Case C-375/92


Restrictions on freedom to provide services as tourist guides.

The Commission has contacted the national authorities.

1511.

Judgment given on 23/03/94, Case C-268/93


Good laboratory practice.

Article 171 proceedings have been commenced.

1512.

Judgment given on 03/05/94, Case C-328/92


Public supply contracts for pharmaceutical products to the social security authorities.

The Commission has contacted the Spanish authorities.

1513.

Judgment given on 05/10/94, Case C-381/93


Tax discrimination, sea transport, dock dues.

Recent judgment.

1514.

Judgment given on 06/12/94, Case C-277/93


Doctor's remuneration.

Recent judgment.


1515.

FRANCE


Judgment given on 21/06/83, Case C-90/82

Judgment given on 13/07/88, Case C-169/87

Retail price of manufactured tobacco.

The Commission is considering reactivating its action against France on the basis of the new Article 171 of the EC Treaty.

1516.

Judgment given on 27/04/88, Case C-252/85


Wild birds.

The Commission is pursuing its action.

1517.

Judgment given on 25/10/88, Case C-312/86


Equal treatment, access to employment.

Only a part of the clauses found to be discriminatory have been changed during negotiations.

Following detailed examination of Act No 89-488, the Commission believes the problems remain.

Article 171 proceedings are in motion.

1518.

Judgment given on 12/12/90, Case C-263/88


Refusal to allow freedom of establishment and freedom to provide services in overseas territories.

The French authorities' reply dated 18. 4. 1994 is not satisfactory.

Article 171 proceedings are in motion.

1519.

Judgment given on 26/02/91, Case C-154/89


Restrictions on freedom to provide services - tourist guides.

The French authorities have notified the Commission of a new Decree dated 15. 6. 1994, some of whose provisions are felt to be disproportionate.

Article 171 proceedings are in motion.

1520.

Judgment given on 11/06/91, Case C-64/88


Fisheries: inadequate enforcement of technical conservation measures.

On the entry into force on 1. 6. 1992 of new Community technical measures for the conservation of fish resources, the French authorities established a new, stronger system of fisheries surveillance and monitoring.

The Commission is continuing to check whether all the measures needed to comply with Community law have been taken.

Article 171 proceedings are in motion.

1521.

Judgment given on 13/01/93, Case C-293/91


Defective products.

Article 171 proceedings are in motion.

1522.

Judgment given on 05/05/93, Case C-246/91


Cosmetics.

Article 171 proceedings have been commenced.

1523.

Judgment given on 17/11/93, Case C-68/92


VAT on advertising services, double taxation.

Article 171 proceedings have been commenced.

1524.

Judgment given on 05/10/94, Case C-255/93


Failure to transmit programmes for the reduction of containers of liquids for human consumption.

Since a new general Directive on packaging was issued on 20. 12. 1994, the Commission saw no further need to pursue actions against Member States that had failed to give proper effect to a directive relating to specific form of packaging which in any case will cease to have effect on 30. 6. 1996.


1525.

IRELAND


Judgment given on 04/10/91, Case C-93/89

Incompatibility of Fisheries Amendment Act 1983 with Community law.

Ireland has enacted legislation to comply with the Court's judgment; it is being scrutinized by the Commission.

1526.

Judgment given on 17/11/92, Case C-235/91


Restrictions on imports of semen of bovine animals and pigs for artificial insemination.

Contacts with the Irish authorities on a number of details are proving fruitful.

1527.

Judgment given on 02/12/92, Case C-280/90


Ban on fishing by British vessels in Irish waters and related measures.

The legislation notified by the Irish authorities is not satisfactory.

Article 171 proceedings are in motion.


1528.

ITALY


Judgment given on 15/11/83, Case C-322/82

Judgment given on 12/02/87, Case C-69/86

Quality standards - fruit and vegetables.

The response to this judgment is improving.

1529.

Judgment given on 12/07/88, Case C-322/86


Judgment given on 09/03/94, Case C-291/93

Quality of fresh waters.

The Commission has contacted the Italian authorities to ascertain what measures are planned to comply with the Court's judgment.

1530.

Judgment given on 17/01/91, Case C-157/89


Protection of wild birds, shooting season.

A circular, the content of which is properly reflects the undertakings entered into by the Italian authorities, has been gazetted. However, since circulars are not a satisfactory means of incorporating a directive into national law, Article 171 proceedings have been commenced.

Article 171 proceedings continue.

1531.

Judgment given on 26/02/91, Case C-180/89


Restrictions on freedom to provide services - tourist guides.

The Italian authorities have not notified practical measures to comply fully with the judgment of the Court of Justice.

Article 171 proceedings are in motion.

1532.

Judgment given on 07/05/91, Case C-246/88


Health protection - ionizing radiation.

No implementing measures have been notified.

Article 171 proceedings are in motion.

1533.

Judgment given on 07/05/91, Case C-45/89


Common rules for combined rail/road transport of goods.

The Article 171 proceedings continue.

1534.

Judgment given on 16/05/91, Case C-263/85


Contributions to regions purchasing home-produced buses and trams. Regional preferences.

The Italian national legislation has been adapted; the Commission is still awaiting enactment of regional legislation.

1535.

Judgment given on 13/12/91, Case C-33/90


Waste in Campania.

Italy has not answered the Commission's letter asking for notification of the measures taken or planned.

Article 171 proceedings are in motion.

1536.

Judgment given on 03/06/92, Case C-287/91


Delays in the reimbursement of VAT to taxable persons not established in Italy.

The Italian authorities have informed the Commission that they have taken measures to comply with the Court's judgment.

The Commission is in contact with the national authorities to ascertain whether the infringement has ceased.

1537.

Judgment given on 25/05/93, Case C-228/91


Restrictive measures on the import of fish.

The Ministerial Decree does not solve the problem for imported fish. The Commission has received fresh complaints, which it is now investigating.

1538.

Judgment given on 09/06/93, Case C-95/92


Radiation protection - medical examinations.

Article 171 proceedings are in motion.

1539.

Judgment given on 02/08/93, Case C-366/89


Monopoly for the collection and disposal of waste oils.

Article 171 proceedings have been commenced.

1540.

Judgment given on 09/02/94, Case C-119/92


Customs agents' monopoly of charges.

Article 171 proceedings have been commenced.

1541.

Judgment given on 23/02/94, Case C-289/93


Road transport: recording apparatus.

Article 171 proceedings have been commenced.

1542.

Judgment given on 26/04/94, Case C-272/91


Public procurement: computerized lottery systems.

The Commission is in contact with the Italian authorities; the situation is improving.


1543.

LUXEMBOURG


Judgment given on 25/07/91, Case C-252/89

Containers of liquids for human consumption.

Since a new general Directive on packaging was issued on 20. 12. 1994, the Commission saw no further need to pursue actions against Member States that had failed to give proper effect to a directive relating to specific form of packaging which in any case will cease to have effect on 30. 6. 1996.

1544.

Judgment given on 16/06/92, Case C-351/90


Refusal to allow dentists to have two surgeries.

The Luxembourg authorities have notified no legislation.

Article 171 proceedings are in motion.

1545.

Judgment given on 10/03/93, Case C-111/91


Residence requirement for childbirth and maternity allowances.

Article 171 proceedings have been commenced.

1546.

Judgment given on 17/11/93, Case C-69/92


VAT on advertising services.

Article 171 proceedings have been commenced.

1547.

Judgment given on 18/05/94, Case C-118/92


Nationality discrimination: rights of foreign workers to vote in elections for labour representatives.

The situation is improving. The Commission has contacted the Luxembourg authorities for confirmation of certain information it has received.

1548.

Judgment given on 13/04/94, Case C-313/93


Failure to notify national measures implementing the impact directive.

The Commission has contacted the Luxembourg authorities to ascertain what measures are planned to comply with the Court's judgment.


1549.

THE NETHERLANDS


Judgment given on 14/07/94, Case C-61/93

Electronic kw/h meters.

The Dutch authorities are willing to reconsider.


1550.

UNITED KINGDOM


Judgment given on 18/02/92, Case C-30/90

Patent licences.

The Commission has been notified of draft legislation.

Contacts are in hand with the British authorities to clarify a point of interpretation.

1551.

Judgment given on 25/11/92, Case C-337/89


Drinking water.

The Commission regularly checks that the Court's judgment is properly implemented.

1552.

Judgment given on 14/07/93, Case C-56/90


Bathing water quality: Blackpool and Southport.

The Member State is rectifying matters.

The Commission regularly checks that the Court's judgment is properly implemented.

1553.

Judgment given on 24/03/94, Case C-40/92


MMB: restrictions on freedom to sell milk.

The Commission has contacted the national authorities to ascertain what measures are planned to comply with the Court's judgment.

1554.

Judgment given on 08/06/94, Case C-382/92


Transfers of undertakings.

The Commission has contacted the British authorities.

1555.

Judgment given on 08/06/94, Case C-383/92


Collective redundancies.

The Commission has contacted the British authorities.


1556.

ANNEX VI



APPLICATION OF COMMUNITY LAW BY THE NATIONAL COURTS


1557.

1. Application of Article 177 of the EC Treaty


In 1994 the Court of Justice received 203 requests from national courts for preliminary rulings in cases where difficulties arose in the interpretation of Community law or where there were doubts as to the validity of a Community instrument.

Over the last few years the number of cases referred has varied considerably. Figures for the last five years are as follows:

>TABLE>

For the sixth consecutive year, cases were referred by courts in almost all the Member States, Greece being the exception in 1994. But there are wide variations between Member States. The Italian and German courts sought more than forty preliminary rulings each, whereas their Spanish counterparts sought only thirteen. And the Belgian and Dutch courts ask many more questions than, say, the Danish and Portuguese. But the figures show quite clearly that there is not a single Member State that is against the procedure on principle.

When the references made are recorded by the Court of Justice Registry, the questions raised are published in full in the Official Journal of the European Communities. The two tables below show the number of references from each Member State and the number of cases referred by each court of final instance.

>TABLE>

>TABLE>


1558.

2. Significant judgments of national courts of final instance


1559.

2.1. Introduction


In an appendix to the Sixth Annual Report, the Commission published a study of the attitudes of national superior courts to Community law, in particular their approach to the principle of primacy of Community law over national law, the direct effect of many Community rules and the obligations arising from Article 177.

Analysis of the judgments referred to below shows that national superior courts are paying more and more attention to Community law.

As in previous years, the Commission has had access to data gathered by the research and documentation department of the Court of Justice. It was thus able to identify decisions which were of significance for the application of Community law, although it should be pointed out that it is not possible, by consulting databases, to identify cases where national courts ought to have applied Community law but where the judgment contains no reference to it. Moreover, the Commission cannot undertake a systematic analysis of the thousands of judgments delivered each year by the national superior courts. Each year some 1 200 judgments relating to Community law come to the attention of the Court's research and documentation department.

1560.

2.2. The research


Research was carried out on the following questions:

1. Were there cases where decisions against which there was no appeal were taken without a reference for a preliminary ruling even though they turned on points of Community law whose interpretation was less than perfectly obvious?

1561.

2. Were there any cases where courts, contrary to the rule in Case 314/85 Foto-Frost, declared an act of a Community institution to be invalid?


1562.

3. Were there any decisions that were noteworthy as setting good or bad examples?


1563.

4. Were there any decisions relating to the Union Treaty that merit special attention?


Decisions given or reported for the first time in 1994 were reviewed.

1564.

2.3. Question 1


In a judgment given on 19 July i the Bundesfinanzhof held that, by virtue of the judgment given by the Court of Justice in Case 283/81 CILFIT , there was no need for it to seek a preliminary ruling on the interpretation of Articles 59 and 60 of the EC Treaty. The case concerned a Luxembourg firm of tax advisers operating for German clients in Germany. The German tax authorities dismissed tax appeals entered by the firm on the ground that it did not have the proper qualifications and was not entitled to provide professional services in tax matters. The Bundesfinanzhof held that this was compatible with Articles 59 and 60 of the EC Treaty as interpreted by the Court of Justice. The restrictions on freedom to provide services flowing from the German tax rules were warranted by considerations of public interest and the Luxembourg firm had failed to show that the rules governing it in Luxembourg met the full requirements of German law.

A judgment given by the Italian Court of Cassation on 19 January relates to criminal proceedings against four persons accused of unlawfully importing silver ingots from Switzerland . Their defence was that the penalties provided for by Italian customs law were contrary to a series of provisions of the agreement between the European Economic Community and the Swiss Confederation i. The Court held that it was not necessary to apply to the Court of Justice for a preliminary ruling under Article 177 of the EC Treaty on their interpretation but proceeded to interpret them itself in the light of the judgment given by the Court of Justice in Drexl i. It accordingly held that the heavy prison sentences and fines imposed by the Milan Court of Appeal were contrary to the Agreement since Italian legislation penalized violations of the tax rules applicable to imports more severely than the rules applicable to VAT on domestic transactions.

The Court's interpretation of the Agreement with Switzerland is not in accordance with the law as stated by the Court of Justice, which held in Case C-312/91 Metalsa that the rule in Drexl could not be extended to the Community's free-trade agreement with Austria, the provisions of which correspond to those of the Agreement with Switzerland, and that national rules which penalize offences relating to VAT on imports more severely than those relating to VAT on domestic transactions were not incompatible with the agreement i.

1565.

2.4. Question 2


Research revealed no cases of this type.

1566.

2.5. Question 3


The House of Lords decision in R. v Secretary of State for Employment, ex parte Equal Opportunities Commission and another concerned certain provisions of the Employment Protection (Consolidation) Act 1978 determining the conditions of eligibility for compensation in the event of unfair dismissal or redundancy. Employed persons working at least 16 hours per week were entitled after two years of continuous employment, but those working between 8 and 16 hours were entitled only after five years and those working less than 8 hours were not entitled at all.

The Equal Opportunities Commission alleged that these provisions were contrary to Community law (Article 119 of the EC Treaty and equal treatment directives), arguing that they generated indirect discrimination against women since far more women than men tended to work part time in otherwise comparable occupations. The Secretary of State's defence began with a query as to jurisdiction: Her Majesty's courts lacked jurisdiction to review Acts of Parliament for compatibility with Community law; Article 169 of the EC Treaty offered the only possibility of judicial review of these matters.

On the basis of the decision of the Court of Justice in Case C-213/89 Factortame , the House of Lords dismissed all the Secretary of State's arguments. It held in particular that the principle of primacy empowered the courts in the UK to rule on the compatibility of an Act of Parliament with Community law. The courts were indeed the best placed to decide whether an apparently discriminatory practice might be justified on economic grounds. As to the substance, the Lords held that it followed from cases decided by the Court of Justice that the burden of proof fell to be borne by the Secretary of State. As he had not discharged the burden of proof, their Lordships concluded that the provisions attacked were indeed contrary to the EC Treaty and the directives.

On 11 March the French Conseil d'État set aside i a Decree permitting certain exceptions from the legislation governing access to the occupation of road passenger transport operator enacted pursuant to Directive 74/562/EEC i. The Conseil d'Etat held that the Decree was ultra vires since the issuing authority had neglected to consult the Commission as required by the Directive's procedure for exceptions. It further held that the national authorities have the power to determine the form to be taken by measures implementing and giving effect to directives in domestic law but that those authorities cannot lawfully issue instruments that contravene the objectives of the directives.

It follows that the Conseil d'Etat can review implementing instruments for compatibility with Community law. But in another case, on 7 March i, it confirmed the rule that it cannot review non-legislative administrative decisions and declined to review a prefectoral decision for compatibility with Article 7 of Directive 85/337/EEC i.

By Order dated 19 June 1994 i, the Italian Constitutional Court declared that it had no jurisdiction to answer a request for a preliminary ruling from an inferior court on the ground that it had not first considered the question of compatibility of the Italian Act concerned with Community law. It pointed out in particular that the Act had prompted the Commission to commence Article 169 proceedings against Italy i. Failure to review national legislation for compatibility with Community law, especially where such a question was before the European Court of Justice, constituted a serious enough procedural defect to vitiate the referring court's order.

The Order is highly significant as regards compliance with Community law in Italy. It established the principle that the Italian courts must look at the compatibility of legislation with Community law before referring it to the Constitutional Court. Only if the legislation is found to be compatible with Community law can the question of constitutionality arise.

The Constitutional Court clarified this Order in a further case decided on 7 November i, annulling a decision of the Umbria Regional Council and thereby preventing regional wine legislation from coming into force. The reason was that the legislation violated Articles 11 and 117 of the Constitution (restrictions on sovereignty as a result of membership of international organizations and distribution of powers between central and regional government). Article 11 was violated because the regional legislation was incompatible with Community regulations.

The Court observed that in direct actions, unlike the preliminary ruling cases, there is no principal proceeding in which the court can be regarded as responsible for discharging the duty to disapply provisions that are contrary to Community law. Consequently it must itself prevent the regional legislation from taking effect and thereby protect the State from actions by the Community.

On 3 March the Dutch Raad van State gave judgment in a case i concerning a problem of equivalence of qualifications, the State Secretary for Health having withheld recognition for a physiotherapist's qualification issued in the former German Democratic Republic. After declaring that the qualification was not covered by Community mutual recognition directives, it held that the question had to be considered in the light of Article 52 of the EC Treaty as interpreted by the Court of Justice in Case C-340/89 Vlassopoulou . Its conclusion was that, by comparing the knowledge and skills attested by the German qualification with what would have been required for the Dutch qualification and by having regard to the opinions of two expert committees, the State Secretary had properly discharged his duty under Community law.

1567.

2.6. Question 4


In Monckton v Lord Advocate, the Court of Session, Outer House, decided that the United Kingdom had power to contribute to the administrative costs of implementing the Agreement on Social Policy concluded between eleven Member States, even though the Protocol on Social Policy excluded participation by it i. The Court held that these costs concerned the Protocol, to which all the Member States were parties, and were an integral part of the expenditure covered by the Community budget.

In Belgium several members of elected local authorities brought an action in the Cour d'Arbitrage/Arbitragehof for annulment of the Act of Assent to the Treaty on European Union, arguing that the rights to vote and stand as candidates conferred on Union citizens by the Treaty were contrary to the fundamental voting rights enjoyed by Belgians by reason of their nationality and devalued their status in the electorate. On 18 October the Court dismissed the action as inadmissible, holding that the extension of the rights to vote and stand as candidates did not in any way restrict rights to do so . The Court took the view that the extension might well affect the outcome of an election but that the applicants' interest as critics of that effect was no different from the interest that any person might have in criticizing rules made to further European integration. It concluded that to admit such an action would be tantamount to admitting the 'action popular`, not available under the Belgian Constitution.

Case VII R 107/93.

[1982] ECR 3415.

[1994] Foro Italiano II 408.

Council Regulation (EEC) No 2840/72 of 19 December 1972 concluding an Agreement between the European Economic Community and the Swiss Confederation and adopting provisions for its implementation and concluding an additional Agreement concerning the validity, for the Principality of Liechtenstein, of the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972: OJ No L 300, 31. 12. 1972, p. 188.

Case 299/86 [1988] ECR 1213.

[1993] ECR I-3751.

Council Regulation (EEC) No 2836/72 of 19 December 1972 concluding an Agreement between the European Economic Community and the Republic of Austria and adopting provisions for its implementation: OJ No L 300, 31. 12. 1972, p. 1.

[1994] 2 WLR 409.

[1990] ECR I-2434.

No 98465, [1994] Revue française de droit administratif 1017-1018.

Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations: OJ No L 308, p. 23.

No 139129, [1994] Revue française de droit administratif 662.

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment; OJ No L 175, 5. 7. 1985, p. 40.

No 244, [1994] Rivista italiana di diritto pubblico comunitario 748.

Case C-40/93 Commission v Italy, pending: OJ No C 70, 12. 3. 1993, p. 10.

Judgment No 384, [1995] Gazzetta Ufficiale, I Special series, No 47.

Afdeling Bestuursrechtspraak Raad van State, [1994] Administratiefrechtelijke Beslissingen No 548.

[1991] ECR I-2357.

Court of Session, Outer House, Opinion of 5 May 1994. Summarized in [1994] TLR 264-266.

[1994] Arrêts de la Cour d'Arbitrage 901-910.