Fourteenth Annual Report on monitoring the application of Community law (1996)
'iii'idiifiHiwmin COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 29. 05. 1997 COM(97) 299 final FOURTEENTH ANNUAL REPORT ON MONITORING THE APPLICATION OF COMMUNITY LAW (1996) (presented by the Commission) CONTENTS INTRODUCTION AREA WITHOUT INTERNAL FRONTIERS 1. 2. 2. 1 2. 2 9 6 24 26 26 26 27 27 to the 28 28 28 32 INTRODUCTION SITUATION SECTOR BY SECTOR Removal of physical barriers Customs 2. 1. 1 Progress 2. 1. 1. 1 customs Free movement of agricultural products 2. 1. 2 field in implementing Directives applicable 2. 2. 2. 1 2. 2. 2. 2 2. 2. 2. 3 2. 2. 2. 4 2. 2. 2. 5 2. 2. 2. 6 2. 2. 2. 7 2. 2. 2. 8 Removal of technical barriers 2. 2. 1 2. 2. 1. 1 2. 2. 1. 2 2. 2. 2 in the free implementing Directives on Free movement of goods Articles 30 etseq. of the EC Treaty The preventive rules of Directive 83/189/EEC Progress movement of goods Foodstuffs Progress in implementing Directives applicable to foodstuffs Pharmaceutical products in Progress 35 pharmaceutical products Chemicals 35 Progress in implementing Directives applicable to chemicals. 36 36 Motor vehicles, tractors and motorcycles Progress in implementing Directives applicable to motor vehicles, tractors and motorcycles Construction products implementing Directives 33 33 34 34 applicable 37 38 to gas pressure 2. 2. 2. 11 equipment, 2. 2. 2. 9 2. 2. 2. 10 Mechanical engineering, electronics, personal protection equipment, equipment, pre-packaging, measuring equipment, medical devices and pleasure craft Progress in implementing Directives applicable to mechanical engineering, electronics, personal protection equipment, gas equipment, pressure equipment, pre-packaging, measuring equipment, medical devices and pleasure craft Liability for defective products Free movement of persons, right of establishment and voting rights Ending discrimination Entry and residence Progress in implementing Directives applicable to right of residence Right to vote and stand in elections Access to employment in the public service Social security of migrant workers 2. 2. 3. 1 2. 2. 3. 2 2. 2. 3. 3 2. 2. 3. 4 2. 2. 3. 5 2. 2. 3. 6 2. 2. 2. 12 2. 2. 3 38 39 39 40 40 41 43 43 43 44 l 2. 2. 3. 7 2. 2. 3. 8 2. 2. 3. 9 2. 2. 4 2. 2. 4. 1 2. 2. 4. 2 2. 2. 4. 3 2. 2. 4. 4 2. 2. 4. 5 2. 2. 5 2. 2. 6 2. 2. 6. 1 2. 2. 7 2. 2. 7. 1 2. 2. 8 2. 2. 8. 1 in to applicable implementing Directives Recognition of qualifications Progress in implementing Directives applicable to recognition of qualifications Independent commercial agents Freedom to provide services Broadcasting Telecommunications Progress telecommunications Financial Services Progress in implementing Directives applicable to financial services Free movement of capital Company law Progress in implementing Directives applicable to company law Intellectual and industrial property Progress in implementing Directives applicable to intellectual and industrial property Public procurement Progress in implementing Directives applicable to public procurement ! 2. 3 Removal of tax barriers 2. 3. 1 2. 3. 1. 1 2. 3. 2 2. 3. 2. 1 Direct taxation Progress in implementing Directives applicable to direct taxation Indirect taxation Progress in implementing Directives applicable to indirect taxation CONSUMER PROTECTION AND PRODUCT SAFETY 1. 2. • INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1 2. 2 2. 3 2. 4 2. 5 Cosmetics Textiles Safety and health Protection of economic interests Progress in implementing-directives applicable to consumer protection and product safety "45" 47 48 48 48 49 52 52 57 57 58 59 59 61 62 64 64 64 67 67 72 73 73 73 74 74 74 75 COMPETITION 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR Public enterprises 2. 1 Monopolies 2. 2 Progress 2. 3 competition in implementing Directives EMPLOYMENT AND SOCIAL POLICY 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1 2. 2 2. 3 2. 4 2. 5 Equal treatment of men and women Working conditions Health and safety at work Public health Progress in employment and social policy implementing Directives AGRICULTURE applicable to applicable to 76 76 76 78 79 80 80 80 80 81 81 82 83 INTRODUCTION 1. 2. SITUATION SECTOR BY SECTOR 2. 1 2. 2 2. 3 83 83 Markets Harmonization 85 Progress in implementing Directives applicable to agriculture. 88 FISHERIES 1. 2. 9 • INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1 2. 2 2. 3 Markets Resources Compatibility with Community law of national legislation on the grant of flag rights to fishing vessels 90 90 90 90 91 ENVIRONMENT 1. 2. INTRODUCTION 1. 1 1. 2 1. 3 1. 4 1. 5 1. 6 1. 7 General situation Notification of national implementing measures Conformity of national implementing measures Incorrect application of Directives Freedom of access to information Environmental impact assessment Actionneeded SITUATION SECTOR BY SECTOR 2. 1 2. 2 2. 3 2. 4 2. 5 2. 6 2. 7 2. 8 Air Chemicals Water Noise Waste Nature Radiation protection Progress in environment implementing Directives applicable ". to the TRANSPORT 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR Road transport 2. 1 Combined transport 2. 2 Inland waterways 2. 3 Rail transport 2. 4 Sea transport 2. 5 Airtransport 2. 6 Summertime 2. 7 Progress in implementing directives applicable to transport. 2. 8 ENERGY 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1 2. 2 2. 3 2. 4 2. 5 Transparency of prices Internal market for electricity and natural gas Energy efficiency Oilandgas Progress in implementing directives applicable to energy - 92 92 93 93 94 95 97 98 99 99 100 101 102 103 104 106 107 109 109 109 110 110 I ll I ll 113 113 114 115 115 115 115 115 116 117 STRUCTURAL FUNDS AND COMMUNITY LAW BUDGETARY MATTERS COMMUNITY STAFF STATISTICAL MATTERS ANNEXES 1. 2. 3. 4. 5. 6. Suspected infringements Established infringements Infringements of treaties and regulations Report on the application of directives Judgements of the Court of Justice not yet implemented Application of Community law by national courts 118 120 121 122 124 132 140 166 438 460 INTRODUCTION Each year the European Commission draws up a report on the monitoring of the application of Community law in response to requests made by the European Parliament (resolution of 9 February 1983) and the Member States (point 2 of Declaration Nol9 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 sectors. As Parliament declared in its 1983 Resolution, "the uniform, complete and simultaneous application of Community law in all Member States is a fundamental prerequisite for the existence of a Community governed by the rule of law". 1 That is the measure of the importance of the Commission's function of guardian of the Treaties, conferred on it by Article 155 of the EC Treaty. The Commission has a specific means of giving effect to its responsibility in this respect - the infringement procedure laid down by Article 169 of the Treaty. 1996 was a good year for the application of Article 169, as can be seen from the statistics (fall in number of complaints) and the measures taken by the Commission to improve the operation and effectiveness of the infringement procedure. The Commission adopted a series of measures to improve its working methods and make the management of procedures quicker, simpler and more transparent. The measures taken by it and applying to all its departments were supported by more specific measures regarding the internal market (communication on the impact and effectiveness of the internal market2) and the environment (communication concerning the implementation of Community environment law3). These improvements have already produced an impact on the statistics for the past year, particularly as regards the number of decisions notified to the Member States. î 2 3 Point 1. COM(96) 520 final. COM(96) 500 final; see point 1. 1 of the environment chapter. 6 Analysis of the results reveals four major trends: the number of decisions serving Article 169 letters or reasoned opinions on Member States is up quite sharply; v the number of complaints is down by 15%. This pattern - already observed in the thirteenth report - follows on from a relatively stable period as regards the number of complaints. The thirteenth report offered a number of explanations. The scale of the decline in 1996 is such that the matter must be raised again this year; the number of cases terminated remains high; there has been sustained activity in the form of package meetings on directives. The statistics on progress in implementing directives merit special attention. There was a slight improvement in the rate of notification of national implementing measures in 1996. The Commission is not only endeavouring to improve its working methods. It is also determined to make full use of all the rights conferred on it by the Treaties. For instance, it adopted a memorandum concerning the implementation of the second subparagraph of Article 171(2) of the EC Treaty4 and a method of calculating the penalty payments provided for by that Article,5 which it applied in January 1997, the first time the new provisions introduced at Maastricht were applied in practice. It was also at pains to ease the task of the European Ombudsman, following his first investigation into the Commission's management of infringement proceedings, in strict compliance with the two sides' respective jurisdictions. This introduction will consider five points in turn: I. MEASURES TO IMPROVE THE INFRIGNEMENTS PROCEDURE H. STATISTICAL TRENDS IN 1996 HI. PROGRESS IN IMPLEMENTING DIRECTIVES IN 1996 IV. THE IMPLEMENTATION OF THE SECOND SUBPARAGRAPH OF ARTICLE 171(2) OF THE EC TREATY V. INITIAL INVESTIGATIONS BY THE EUROPEAN OMBUDSMAN INTO INFRINGEMENT PROCEEDINGS 4 5 96/C 242/07, OJ No C 242, 21. 8. 1996, p. 6. Adopted on 8 January 1997: OJ No C 63, 28. 2. 1997, p. 2. 7 I. MEASURES TO IMPROVE THE INFRINGEMENT PROCEDURE The object of the infringement procedure laid down by the EC Treaty is to cause Member States to rectify infringement situations before coming to the litigation stage proper. The action in the Court of Justice is preceded by at least two pre-litigation stages (the "Article 169 letter" and the reasoned opinion), each of which necessitates a Commission decision. This multi-stage procedure obviates the need for a Court action in more than 80% of cases,6 but it is by definition time-consuming. While the Commission must seek to have the situation rectified, it cannot do so at nay price. It cannot accept excessively long reply periods, or absence of a reply, or the dilatory replies sometimes received from Member States, and must do what it can to reduce the time taken to scrutinize a case. The Commission's concern to streamline the infringement procedure has already prompted a series of improvements to working methods, most recently in 1993. Lengthening internal procedures, a degree of confidentiality that is perceived as excessive and repeated requests from Parliament for greater speed and transparency7 militated in favour of improvements on three fronts: timespans, cumbersome and sometimes inappropriate - quicker processing of cases (A); - simplification of internal procedural rules (B); and - transparency of Commission decisions in infringement cases (C). A. QUICKER PROCESSING OF CASES The Commission, as invited by Parliament's Resolution on the twelfth report'8 adopted a number of measures, of which three are especially noteworthy: priorities in the processing of complaints (i), stricter adherence to time-limits for opening and terminating proceedings (ii) and quicker preparation of reasoned opinions (iii). (i) In the Article 169 procedure, all complaints are registered and passed on for departmental scrutiny irrespective of the seriousness of the alleged facts or infringements of Community law and whether or not they are of "Community interest". The Commission has nonetheless established certain priorities for the processing of complaints, as certain alleged infringements can be dealt with outside the Article 169 procedure, for instance by a direct approach to the Member States' authorities. The priorities are as follows: 6 7 8 See Annex II, table 2. 3, Points 23 and 25 of Parliament's Resolution on the twelfth report and point 8 of its Resolution on the thirteenth report. Points 23 and 25. 8 infringements which cause the greatest harm for the Community legal"order, i. e. failure to transpose directives and failure of national measures to comply with Community law in general; horizontal cases of incorrect application, particularly those detected from a series of specific complaints by individuals; infringements that seriously violate the interests that the relevant legislation is supposed to protect; infringements in relation to Community cofinancing. This is not say, of course, that non-priority cases are actually neglected. (ii) To speed up the processing of infringement cases, the Commission has insisted on adherence to internal procedural deadlines. The rule is that in any suspected infringement case the decision to commence proceedings (Article 169 letter) or to terminate them must be taken within the year following registration of the complain; or the own-motion detection. Obviously this will be tricky where negotiations are in progress with the Member State attacked or where that Member State has announced measures. Even if the Commission accepts exceptions from the time-limit where it is clear that the Member State will be rectifying the situation, it has nonetheless opted for strict rules, as the credibility of its action depends very much on the speed with which it acts. This being so, the decision to send an Article 169 letter can be taken all the sooner; it is not the outcome of negotiations with the Member State but rather a valuable stage in the negotiations. What the letter does in fact, according to Article 169, is to call on the Member State to "present its observations". It therefore seems important to give the letter its full function; the Member State is not condemned but simply given the opportunity to explain its action. With it, the Commission pursues two objectives: strict compliance with the principle of the adversary procedure and assistance to the Member State in rectifying the situation before taking the case to the Court of Justice. The Commission is thus restoring the genuine function of the Article 169 letter, which is to facilitate veritable dialogue with the Member State in full respect for its rights, and to do so at the earliest possible opportunity. (iii) The Commission has taken the measures needed to ensure that from 1997 onwards the text of the reasoned opinion will be ready before the decision to issue it is taken. The Member State will then be apprised of it in advance, whereas hitherto there was an interval of sometimes several months between the decision to issue the reasoned opinion and its actual issuance. B. SIMPLIFICATION OF PROCEDURAL RULES Simplifying the procedural rules for processing infringement cases entails lightening the general burden of work at departmental level and the work of preparing the full em's discussions while keeping pace with the volume of cases to be handled. For instance, there is greater use of the simplified termination procedure for suspected infringements, where cases are closed without going through the full set of stages usually applicable. Cases are closed by the simplified procedure after the Legal Service has approved and the proposal has been referred to the full Commission. It is possible only in cases where either the complaint is clearly unfounded or the requisite evidence is lacking or the complainant does not follow the case up. C. GREATER TRANSPARENCY IN COMMISSION DECISIONS The Commission reviewed the rules governing the publicity surrounding its infringement decisions in the light of the general evolution of attitudes to transparency, its own determination to make its action more visible and repeated requests from Parliament. 9 Publicity is now the general rule for decisions to issue reasoned opinions and referrals to the Court of Justice; a press release will always be put out, unless the Commission decides otherwise, without awaiting the actual issuance or referral. A copy will be sent to the Member State before publication. Before 1996, Commission press releases concerning infringement decisions were the exception rather than the rule. The new policy has already borne fruit, as there were 32 press releases on internal market matters alone in 1996. There were a further 19 concerning the environment, two concerning transport and one in a social case. Many of these press releases covered several cases. A good number were cited in both the international and the national or regional press. Termination decisions were often also announced in press releases. There has been no change in relation to Article 169 letters; the principle of confidentiality always applies here, though not in cases based on Article 171 or proceedings for failure to notify national measures implementing directives. Otherwise, an express Commission decision is needed to authorize a press release. Article 169 letters never contain the Commission's final decision, being designed to help the Member State rectify the situation. The Commission's actual decisions, of course, remain confidential. Point 8 of the Resolution on the thirteenth report. 10 II. STATISTICAL TRENDS IN 1996 Analysis of the infringement proceedings statistics for 1996 yields a bright result; among other things, the number of complaints is down. There are four major trends: declining number of complaints, cases to which attention is drawn by MEPs and cases detected by the Commission's own investigations (A), continued high frequency of cases terminated (B), sharp increase in the number of Article 169 letters and reasoned opinions sent by the Commission to Member States (C), sustained activity regarding package meetings and missions on directives (D) A. DECLINING NUMBER OF COMPLAINTS, CASES TO WHICH ATTENTION IS DRAWN BY MEPS AND CASES DETECTED BY THE COMMISSION'S OWN INVESTIGATIONS The number of complaints fell by 14%, from 955 in 1995 to 819 in 1996. The downward trend began in 1995 (with a 19. 8% fall from the 1994 figure of 1145). The number of cases detected by the Commission's own investigations fell by 13%, from 297 to 257. This is a reversal of the past trend. The total of 1076 (819 new complaints + 257 new cases detected in 1996) reflects a contrasting set of realities. The number of complaints and cases is up sharply in Austria (+15. 5%), Finland (+17. 8%) and the United Kingdom (+82%). 10 It is down, sometimes sharply, in Italy (-1. 4%), Sweden (-3. 8%), Denmark (-8. 4%), Germany (-9. 4%), Belgium (-28. 8%), Portugal (-30. 8%), France (-31. 5%)," Spain (-32. 7%),12 Ireland (-34%), Luxembourg (-36%), the Netherlands (-41. 6%) and Greece (- 41. 7%). Review of the figures sector by sector reveals a sharp fall in the number of complaints and cases detected in relation to the environment (down by 27%» from 265 to 207 - more than a quarter in Spain) and a moderate rise in the internal market (up 5. 3% from 483 to 512). The decline is continuing in customs and indirect taxation (44 as against 62, a drop of 29%) and agriculture (136 as against 159, a drop of 15. 5%). In transport, the decline reverses the downward trend of recent years: after a sharp increase in 1995 (from 48 to 82), the number of complaints and cases detected fell to 53 (-35. 5%). IO 11 12 The United Kingdom figures are hardly meaningful, as there was an avalanche of complaints (76) about the rules applicable to London taxis. Half the cases concern the internal market. Half the cases concern the environment. 11 These figures are not easy to interpret. In the thirteenth report, the Commission" put forward a number of hypotheses. The falling number of complaints There are a variety of reasons for the decline in the number of new infringements reported. A number of positive signs are worth highlighting: there appears to be an objective improvement in the enforcement of Community law by the Member States, as can be seen from the simultaneous fall in both complaints and cases detected; * there also appears to be an improvement in the enforcement of Community law by the Member States, through the national courts. The fact that in 1991 the Court of Justice acknowledged that individuals might have redress possibilities in actions based on Community law (action for damages against a Member State not complying with Community law) may have contributed to the phenomenon; the Commission is notified only of infringements that are genuinely within its jurisdiction; after the 31 December 1992 watershed, the pattern of Union legislative activity shifted: the main single market instruments were in place, and the Community moved on to a period devoted to consolidation and management of the acquis. The recent years' relative decline in the volume of new legislation has undoubtedly reduced the number of national implementing measures to be checked for conformity and a concomitant drop in the opportunities for infringements. There is a possible technical explanation: before asking the Secretariat-General to register an incoming letter as a complaint, some departments first exchange correspondence with the original writer to ensure that the matter really is one for a complaint to be handled by the Article 169 procedure. In many cases, for instances, the original is not explicit enough. This more rigorous approach to processing complaints may have had an impact on the total number of complaints registered. Certain negative phenomena may also help to explain the drop in the number of new cases: potential complainants are losing interest in the infringement procedure as being too slow and unlikely to modify their legal position: the limited effects of the procedure (confined to a declaratory judgment by the Court of Justice with no possibility of an order to pay damages such as an ordinary court might make) may well be having a dissuasive effect; knowledge of Community law is perhaps difficult to come by, and the ordinary citizen is not familiar, or not familiar enough, with it. The slight increase in the frequency of questions put to the Court of Justice for preliminary ruling bears this out; 12 Parliament's Resolution on the thirteenth report echoes this phenomenon: "[Parliament] expresses its concern at the lack of public enthusiasm for the European integration process and takes the view that this phenomenon might be due both to a lack of appropriate information and to the adoption of acts which sometimes have no bearing on public concerns";13 as regards the environment, the decline in the number of complaints does, not necessarily reflect an improvement in environmental performance. 14 This is not the place for unverifiable conjectures or hypothetical scenarios. What is certain is that the Commission wishes to construct a people's Europe whose doors are always open to complainants. Yet the Commission is perceived as capable of solving every individual situation - a kind of Community Supercourt, as it were - whereas in fact the object of the Article 169 procedure is to induce a Member State to come back into line with Community law. The citizen is not party to a procedure which cannot in any case change his personal situation, but he plays a valuable detection and information role. It should not be forgotten that the citizen can rely on Community law in the national courts and have rights conferred by Community law secured by them. Annex VI takes stock of what the national courts have done in this respect. There is thus a gap between what the Commission can do and what the citizen expects of it. The decline in the number of infringements brought to the Commission's notice may well be due to public opinion's misunderstanding of its function. To remedy this situation, the Commission should make its role in infringement proceedings clearer. The forthcoming publication in the Official Journal of a new complaint form will be a step in this direction, as it will provide an opportunity to describe the various redress procedures available to individuals - the possibility of action in the national courts and the Community infringement procedure. On the latter point, the Commission will show what it is doing to speed up the complaints procedure and make it more transparent while making the Article 171 penalties provisions more dissuasive. Moreover, proposals for financial penalties in Article 171 proceedings should have a dissuasive impact on Member States, boost the efficacy of infringement proceedings and thus offer the citizen an incentive to come to the Commission more often, knowing that doing so will serve a useful purpose. Even if that is not the primary object of the procedure, at least it will help ensure that many specific cases can be settled. 13 14 Point 8. Point 1. 4 of the environment chapter. 13 The declining number of cases reported by MEPs The number of cases direct recorded as a result of parliamentary questions is also down (20 in 1996 as against 34 in 1995). Five of them concern public procurement and four concern barriers to free movement of goods. New cases were also registered as a result of petitions in 1996. They included the conditions for access to French universities and the enrolment fees charged by the General Medical Council. 15 As the Commission pointed out in the thirteenth report, the figures need interpreting with care: in addition to these figures, MEPs report infringements situations which the Commission may already have detected itself or on which it may have received a complaint. The declining number of cases detected by the Commission's own investigations The declining number of cases detected by the Commission's own investigations is explained in part by the fact that departments take advantage of direct contacts with Member States to press for rectification of an infringement situation quite outside the official procedure. They then seek to obtain instance, of a technical standard, and they commence notification, for infringement proceedings only if there is a repeated refusal and the dispute with the Member State persists. The Commission's wish to scrutinize infringements within a reasonable period of time and consequently to give cases already in motion priority over new cases is a further part explanation. B. CONTINUED HIGH FREQUENCY OF CASES TERMINATED Parliament's Resolution on the thirteenth report asks the Commission to be transparent as to the reasons for its decisions to take no action. 16 The number of cases terminated fell by 14% from 2043 in 1995 to 1771 in 1996. The reasons vary from case to case. The number of confirmed infringement cases closed (cases in which the Article 169 letter had already been sent to the Member State) was 1344 in 1995. In 1996 it was 877, down by 34%. This is generally seen as evidence that the Member State has rectified an infringement that the Commission regarded as proven, though it also includes cases where the Member State has convinced the Commission that it was in the right. In 1996 it was more difficult to induce the Member States to rectify situations than in earlier years. This borne out by the slight rise in the number of referrals to the Court of Justice (93 referrals as against 72 in 1995). 15 16 Petitions 40/96 and 877/95. Point 8. 14 The cases terminated regarding established infringements must be distinguished from the 874 cases terminated concerning suspected infringements, complaints or cases detected. The sharp rise in the number of suspected infringement cases terminated is without a doubt the result of strict application of the one-year time-limit separating registration of the case and the initial decision on the substance; many such cases were terminated simply because the Commission was unable to establish the infringement within the year. C. SHARP INCREASE IN THE NUMBER OF ARTICLE 169 LETTERS AND REASONED OPINIONS SENT BY THE COMMISSION TO MEMBER STATES In 1996, the Commission notified 1587 decisions issuing Article 169 letters or reasoned opinions and made 93 new referrals to the Court of Justice, a historic record. Reasoned opinions account for the lion's share of the increase. In 1996, the Commission issued 435 reasoned opinions, 224% up on the 1995 figure of 194. Measures taken in 1996 to speed up the procedures are beginning to bear fruit. The delays observed in earlier years have been partly made up, and there is a significant fall in the number of reasoned opinions awaiting notification ("reasoned opinions for execution without time-limit"). The number of Article 169 letters sent in 1996 was up slightly, by 9% (from 1044 to 1142). This is probably due to new Commission instructions to departments to propose sending the letter more quickly, as soon as they have adequate evidence to ground a presumption, while preserving its status as a request for observations. The number of new referrals to the Court of Justice rose from 72 in 1995 to 93 in 1996. These decisions - Article 169 letters, reasoned opinions and referrals - mostly concern cases of failure to notify national measures transposing directives, as can be seen from table 2. 2. Point III specifically concerns progress in transposing directives in 1996. D. SUSTAINED ACTIVITY REGARDING PACKAGE MEETINGS AND MISSIONS ON DIRECTIVES In its opinion on the thirteenth report, Parliament's Committee on Petitions made a number of observations on package meetings:17 the Commission therefore believes it must report on activities in 1996. 17 Opinion of 16 December 1996 (PE 216. 821/déf, p. 20). 15 (i) Package meetings are devoted mainly - but not exclusively - to the internal market and the environment. There were package meetings on barriers to free movement of goods with eight Member States - the Netherlands, Austria, Germany, Spain, France, Greece, the United Kingdom and Portugal. Out of the 172 infringement situations discussed with the Member States, a solution was found in 73, i. e. 42%. (ii) Depending on actual needs, the Commission organizes several meetings on directives in the Member States each year. Their main purpose is to consider, with the authorities of the Member State, the progress made in notifying national measures implementing directives in all areas where they have been adopted and look into any points where notional provisions may not be in conformity with Community law. Of the various meetings of this type organized in 1996, those in the three new Member States are particularly noteworthy. They were especially fruitful, as the national authorities were extremely cooperative. They contributed greatly to the considerable improvement in the rate of transposai of directives in those countries. HI. PROGRESS IN IMPLEMENTING DIRECTIVES IN 1996 A. NOTIFICATION OF TRANSOSAL MEASURES The number of infringement proceedings commenced in 1996 for failure to transposai was considerably higher than in 1995 (1097 as against 799). The table below gives an overall picture of the rate of notification of national measures implementing all the directives applicable on 31 December 1996. The number of new directives coming into force this year was lower than in the previous year. Once again, the effects of a Community that is now legislating less intensively, for the reasons already mentioned,18 are being felt. is Point II-A. 16 PROGRESS IN NOTIFYING NATIONAL MEASURES TRANSPOSING COMMUNITY DIRECTIVES Situation at 31 December 1996 Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 1311 1310 1313 1304 1314 1310 1310 1310 1309 1310 1306 1311 1306 1308 1309 Directives for which measures have been notified 1215 1285 1227 1189 1245 1203 1218 1181 1223 1275 1153 1204 1057 1227 1233 % 92. 68 98 93. 45 91. 18 94. 75 91. 83 92. 98 90. 15 93. 43 97. 32 88. 28 91. 84 80. 9319 93. 80 94. 19:: On 31 December 1996, the Member States had on average notified 92. 8% of the national measures needed to implement the Community directives applicable. This is higher than the figure for 1995 (90. 7%). But the performance of individual Member States is variable. Attention is drawn to the spectacular improvement in the notification rate for Finland, up from 70. 5%» to 80. 93%, and for Sweden, which, only two years after accession, his risen from 6th to 5th place in the ranking. As the thirteenth report already observed, these high rates conceal contrasting realities. There is no denying that, in certain areas, even for directives adopted many years ago, the rate of notification of national implementing measures is improving only very slowly. The public procurement directives are a particular example. 21 In some cases the rates nave even fallen on account of failure to transpose some of the more recent directives. 22 19 20 21 22 The notification rate for Finland is actually much higher than this if the problem of transposing directives in the Aland Islands are disregarded. The United Kingdom notification rate disregards the implementation of directives in Gibraltar, monitored on a special basis. See point 2. 2. 8. 1. See progress in implementing directives applicable to telecommunications, point 2. 2. 4. 3. 17 Elsewhere, there has been substantial improvement. The comparison, for instance, between progress in implementing the directives applicable to recognition of qualifications in 1995 and 1996 is particularly eloquent. 23 There are many areas, consumer policy among them, where the majority of Member States tend to adopt implementing measures only after the prescribed date. 24 2. CONFORMITY OF TRANSPOSAL MEASURES The quality of transposai is, of course, as important as the fact of transposai. The efficacy of package meetings in removing cases of non-conformity in many areas is worth highlighting. 25 It would, incidentally, be much easier to scrutinize national measures for conformity if the Member States routinely supplied the Commission with tables of concordance between corresponding Community and national provisions26 3. APPLICATION OF TRANSPOSAL MEASURES The main cases of incorrect application by the Member States of national measures that are in conformity with Community law are considered in the sector-by-sector chapters below. But one area where problems abound is the application of the directives relating to recognition of vocational qualifications and restrictions contrary to Articles 52 and 59 of the EC Treaty. The Commission received thirty or so complaints in 1996. 27 IV. IMPLEMENTATION OF SECOND SUBPARAGRAPH OF ARTICLE 17U2) OF THE EC TREATY The second and third subparagraphs of Article 171(2) of the EC Treaty (Commission actions in the Court of Justice against Member States violating Community law) read: "If the Member State concerned fails to take the necessary measures to comply with the Court's judgment within the time-limit laid down by the Commission, the latter may bring the case before the Court of Justice. In so doing it shall specify the amount of the to be paid by the Member State concerned which it considers appropriate in the circumstances. If the Court of Justice finds that the Member State concerned has not complied with its judgment it may impose a lump sum or penalty payment on it. " 23 24 25 26 27 Point 2. 23. 8. The trend in company law is similar: see point 2. 2. 6. 1. See consumer policy chapter. See, for instance, point 1. 3 of the environment chapter. Ibid. Sec point 2. 2. 3. 7. 18 There are many areas where the Commission, subject to review by the Court, "has the power to order financial penalties. It enjoys a power of proposal which the authors of the Treaty did not see fit to spell out. The only provision is that the penalty must be n appropriate in the circumstances ". It follows that the Commission could not act on the new Treaty provision without first setting out the lines it would follow and without giving the Member States fully transparent information as to the criteria and methods of calculation it would apply when proposing penalties to be imposed on Member States for infringements of the infringement procedure. Parliament has regularly called on the Commission to act under Article 171 and propose that the Court of Justice impose penalties. 28 The Commission proceeded in two stages. It began by adopting a memorandum on applying Article 171 of the EC Treaty,29 which was followed by a method of calculation30 for penalties to be proposed to the Court of Justice under the Article. The points made below are in response to a request from Parliament's rapporteur on the thirteenth report;31 their purpose is to outline the two documents, to which the reader is referred. A. THE MEMORANDUM OF 6 JULY 1996 The Commission memorandum set out to "publicly state the criteria it means to apply in asking the Court to impose monetary penalties", bearing in mind that these criteria would be gradually refined after being applied in individual cases. The Commission has a discretionary power to act in the Court of Justice for infringement of Article 171. Where it exercises that power, it must state its view on the penalties question, even if it is able to give good grounds for not proposing them. The amount must be determined with an eye to the actual purpose of the penalty, which is to "ensure that Community law is effectively enforced"32 and to "secure compliance as rapidly as possible"33 That is the reasoning behind the Commission's preference for periodic penalties as the most appropriate instrument for achieving it. Â periodic penalty is payable by a Member State per day of delay; time runs from the date on which the Court's judgment is served on it until the date when it puts a final end to the infringement. 28 29 30 31 32 33 Resolution on the 1995 legislative programme - OJ No C 225, 30. 08. 95, p. 50; report of report on Legal Affairs and Citizens' Rights Committee, 4. 1. 1996, on the twelfth annual monitoring the application of Community law (PE 214. 598def)- See also point 20 of the Resolution on the thirteenth report. See footnote 4. See footnote 5. Point 5 of the explanatory memorandum to the report of 7. 1. 1997 (PE 216. 821 def). Point 5. Point 4. 19 The daily penalty must be calculated on the basis of three fundamental criteria:'. 34 the seriousness of the infringement; its duration; the need to ensure that the penalty itself is a deterrent to further infringements. The infringement is by definition always of the same nature. It is failure to comply with a judgment given by the Court of Justice. That is always of a certain seriousness. 35 But the amount of the penalty must reflect not only the fact of non compliance but also the seriousness of the infringement for which the original judgment was given. This is to be measured by two parameters - the importance of the Community rules which have been infringed and the effects of the infringement on general and particular interests. 36 The need to ensure that penalties are really effective means they must be set at a deterrent level; purely symbolic penalties are out of the question. B. THE CALCULATION METHOD OF 8 JANUARY 1997 Proceeding from the principles set out in the memorandum, the Commission adopted a calculation method applicable uniformly to all its departments, to serve as a basis for proposals to be made in a foreseeable and transparent fashion. Although the method was formally adopted only on 8 January 1997,37 it is inseparable from the memorandum and should be considered with it. Penalties would be calculated on the basis of a uniform flat-rate amount of ECU 500 per day of delay to penalize the violation of the principle of legality and the sole jurisdiction of the Court which applies in all Article 171 cases. The flat-rate amount will be multiplied by two coefficients reflecting the seriousness of the infringement and its duration. The first will be on a scale from 1 to 20; the second will be on a scale from 1 to 3. To achieve deterrence, the result will be multiplied by a "factor n" reflecting the ability of the Member State to pay (based on GDP) and the number of votes it can cast in the Council. This factor ranges from 1 for Luxembourg to 26. 4 for Germany. The proposal for a penalty payment payable by a Member State committing an infringement considered by the Commission to be at the top of the scale of seriousness and duration would thus range from ECU 30000 for Luxembourg to ECU 791293 ECUs for Germany. 34 35 36 37 Point 5. Point 6. Point 6. See footnote 5. 20 Given the principles of certainty and non-retroactivity in the law, it is clear that penalties may be imposed only in respect of periods of non-compliance subsequent to the entry into force of the Treaty on European Union, that is to say 1 November 1993. 38 And given the time required for the pre-litigation procedure (Article 171 letter, reasoned opinion), cases have only recently become ripe for financial penalty proposals. The Commission, then, has a reliable, fair and transparent method which it used to decide on penalty proposals in several cases concerning two Member States on 29 January 1997. 39 Some of these cases are being settled or have been settled without the Court of Justice having to give judgment or even being asked to do so. Annex V identifies all the Article 171 proceedings in motion. Ten of them are at reasoned opinion stage; five are at the referral stage. Future applications to the Court in these cases will contain observations regarding penalty proposals. V. INITIAL INVESTIGATIONS BY THE EUROPEAN OMBUDSMAN INTO INFRINGEMENT PROCEEDINGS In 1996 proceedings. the Ombudsman conducted initial investigations into infringement The institution of Ombudsman, set up by Parliament decision on 12 July 1995,40 is now at the operational phase. His first task is to "deal with specific instances of maladministration. He must provide an effective means of redress for citizens who are denied their legal rights or who do not receive proper administrative treatment by Community institutions or bodies". 41 The Commission has every intention of facilitating his work cooperating with this new Community entity. Following scrutiny of an environment case the Ombudsman concluded that the Commission could not be accused of maladministration. He raised the question whether the complainant ought to be consulted as soon as the lead department envisages terminating a case and before the termination is formally taken. He criticized the Commission for having announced its decision by a press release before the complainants had been apprised of it. The Commission has now changed its practice accordingly. 38 39 40 41 See conclusions of Advocate-General Fennelly in Case C-334/94 Commission v France, presented on 16 November 1995, point 17. Press release IP/97/63, 29. 1. 1997. OJ No L 225. 22 September 1995. p. 17. Annual report of the Ombudsman for 1995, point 1. 2. 1: OJ No C 234, p. 1. 21 1996 was thus a fertile year for monitoring the application of Community law. The Commission's previous annual reports stressed the need to speed up procedures, to secure greater transparency in its action and to enforce Court judgments more thoroughly. The initiatives taken by the Commission in 1996 show what effect has been given in practice to the concern to attain the objectives that have been set. There is admittedly still room for improvement. Two points need making by way of conclusion. To improve the application of Community law, the Commission depends for its efficiency on permanent far-reaching cooperation from the Member States, especially at the pre-litigation stages of the infringement procedure but also in other respects so that recourse to the full Article 169 procedure can be avoided. 42 For several years now the Commission, as requested by the Council, has been anxious to promote intensive administrative collaboration with the Member States. 43 The progress described above in the application of Community law is the outcome. But more could be done. Certain infringement proceedings have revealed that the Member States do all give the Commission all the cooperation they should under Article 5 of the EC Treaty. And the decline in the rate of notification of national transposai measures in some Member States gives cause for concern. Vigilance by the Commission will not suffice on its own to ensure that all Member States fully comply with Community law. The importance for the infringement procedure of individuals who are vigilant about the rights conferred by Community law is well enough known. And the vigilance of Members of the European Parliament, who enjoy a close privileged relationship with the European people, is also a valuable aid to enforcement. Lastly, a few points about the structure of this report. As in previous years, there is a sector-by-sector analysis of the application of Community law. For the first time, there is a specific chapter devoted to the Structural Funds, as it was felt useful to highlight the powers available to and used by the Commission in the management of the Structural Funds: it can reduce, suspend or even withdraw support where Community law is violated. The efficacy of this means of bringing pressure to bear on the Member States and its relationship with the Article 169 procedure warranted new developments. The Annexes follow the same pattern as in previous years so as to facilitate statistical comparisons. 42 43 See point 5 of Parliament's Resolution on the thirteenth report. See the report on cooperation between administrations for the application of internal market legislation (COM(96) 20 final). 22 Structure of thirteenth report V This report consists of: a sector-by-sector analysis; statistical tables updated to 31 December 1996 concerning suspected infringements (ANNEX I) and established infringements (ANNEX II); a list of established infringements of the Treaties, Regulations and Directives investigated in 1996 (ANNEXIII); the application by Member States of Directives report on 31 December 1996, indicating infringement proceedings (ANNEX IV); in force on a list of judgments of the Court of Justice not yet implemented (ANNEX V); a survey of the application of Commumty law by national courts (ANNEX VI). 23 AREA WITHOUT INTERNAL FRONTIERS 1. INTRODUCTION The completion of the single market remains one of the European Union's main objectives and plays a crucial role in economic growth and job creation. It has required the adoption and implementation of national legislation - much of it very detailed - to remove physical, technical and tax barriers in a variety of sectors. The project has now largely been completed and extended to the new Member States which joined the European Union at the beginning of 1995. However, gaps still remain in vital areas such as taxation and company law. Furthermore, existing legislation is sometimes applied unevenly or with too much red tape. On 26 November the Commission presented a communication to Parliament and the Council on the impact and effectiveness of the single market, in which it reported on progress made so far and outlined the challenges for the future. ! The message is simple. The single market must be consolidated and developed. Its smooth operation is a fundamental precondition for the next stage in the integration of the European Union - the establishment of Economic and Monetary Union (EMU). If this process of consolidation is to succeed, a number of measures will have to be taken at national and Community level and certain priorities will have to be observed. The top priority is the application of existing legislation, i. e. the incorporation of the directives establishing the single market into the national law of every Member State. This project received a boost at the Florence European Council on 21 and 22 June 1996, which once again stressed the single market's contribution to economic growth and employment and urged Member States to speed up the internal market directives, particularly on public process of procurement and financial services. transposing However, establishing the single market arhounts to more than simply adopting the national measures needed to implement existing directives. National- authorities must also ensure that the directives are applied in practice and that the basic principles of Community law are observed, and they must cooperate with the Commission and the other Member States to achieve this goal. In 1993 the Commission presented a reference document - a strategic programme for completing, managing and developing the single market2 - which argued that administrative cooperation was also a vital factor in the smooth operation of the internal market. In its resolution of 16 June 1994 on developing administrative cooperation in the enforcement of Community legislation on the internal market, the Council asked the Commission to step up cooperation with the relevant authorities in the Member States. In 1996 the Commission took stock of the COM(96) 520 final, 31 October 1996. Commission communication to the Council of 22 December 1993, "Making the most of the internal market - Strategic Programme"' COM(93) 632 final. 24 situation in a report on cooperation between administrations for the enforcement of internal market law, which it laid before the Council and Parliament. 3 Still on the subject of administrative cooperation, it is worth mentioning the Karolus exchange programme for officials from the Member States, which is aimed in particular at harmonizing the interpretation and application of Community law, especially in the internal market field. All the Member States have already taken part in the programme, either sending or receiving officials from national government departments. By 10 October 1996 a total of 377 exchanges had taken place. A similar programme, Matthaeus, was launched in 1991 for officials working in the customs field. As guardian of the Treaty, the Commission keeps a constant eye on the transposai and effective application of internal market legislation at national level. For each Council meeting on the internal market, it presents a report on the state of play regarding the incorporation into national law of the measures set out in the 1995 White Paper on the internal market and other legislation of particular relevance to the smooth operation of the internal market. Of the 275 White Paper measures in ecember 1996, 219 required national implementing measures, 93. 8% force at 3 ' of which had een notified by the Member States. Despite this rather high percentage, there are still serious delays in certain key sectors, such as public procurement, financial services and intellectual and industrial property. These delays are often caused by problems in the national decision-making process or the technical complexity of Community texts, which sometimes leads Member States to adopt national measures implementing only part of a directive. The Commission also takes a keen interest in the quality of implementing measures, since the incomplete or incorrect transposai of Commumty legislation can lead to unequal treatment between Member States and raise de facto barriers to free movement which the single market is actually meant to eliminate. Another priority is to put the finishing touches to the legislative framework of the single market by incorporating the main proposals set out in the White Paper and organizing the liberalization of certain sectors not covered by that programme. For example, Community legislation on company law is incomplete, with the result that European firms are faced with barriers to their mobility. It is now vital that the Member States reach agreement on a statute for a European company. On the indirect taxation front, the only way to resolve the existing problems is by adopting a definitive system. The free movement of persons will not become a reality until essential security measures are in place. Finally, completion of the single market also requires the liberalization of sectors such as gas and electricity, which are still the province of national monopolies. Moreover, the single market will have to be adapted to new technological challenges, such as the creation of an information society and the introduction of trans-European networks through the adoption of an appropriate regulatory framework. COM(96) 20 final. The Karolus programme was 22 September 1992^ OJ No L 286. 1. 10. 1992, p. 65. launched in 1993 by Council Decision 92/481/EEC of 25 But completing the legislative framework is not enough. The establishment of a genuine frontier-free area also requires an effort to simplify legislation. To this end the Commission has launched the SLIM pilot project to explore how the constraints and formalities imposed on businesses by the complexity of legislation can be reduced by simplifying laws and administrative procedures. 5 To date the exercise has concentrated on four sectors (Intrastat, construction products, mutual recognition of diplomas and ornamental plants). A progress report was laid before the Council on 26 November 1996. The establishment of the single market has created its own dynamic. New problems arise which require new solutions. Managing and improving the single market is a real challenge for the Commission. In its communication of 26 November on the impact and effectiveness of the single market, the Commission identified a series of practical measures to be taken at national and Community level to ensure that the single market can play a full part in the pursuit of the Union's current priorities. 2. SITUATION SECTOR BY SECTOR 2. 1. Removal of physical barriers 2. 1. 1. Customs The Commission decided to commence infringement proceedings against Italy on the grounds that national measures on the refund of taxes collected in breach of Community law are incompatible with the principles laid down by the Court of Justice. The Italian system for collecting these taxes diverges from the general rules laid down in the Civil Code: while the authorities may rely on mere presumptions to prove undue enrichment, the taxpayer must provide evidence that the tax was not passed on to a third party - which is much more difficult. Moreover, the three-year time-limit (compared with the normal limitation period of ten years) considerably reduces the scope for firms to obtain a refund of undue payments. The Italian system is therefore contrary to the case law of the Court, according to which the procedures laid down by national rules may not be any less favourable than those for similar internal claims, and may not render it virtually impossible or excessively difficult to secure repayment of taxes collected in breach of Community law. 6 Another proceeding in motion concerns Italy's failure to comply with the Community transit rules. The Italian authorities make it a requirement that an external Community transit document (Tl) must be issued for Community goods which are being exported to an EFTA country with an Simpler Legislation for the Internal Market - Commission communication to the Council and Parliament of 6 November 1996 (COM(96) 559 final) See in particular the judgment given on 9 November 1983 in Case C-199/82, [1983] ECR 3595, and Case C-l25/94. 26 approved movement certificate (EUR1) - and should in principle come under the internal procedure (T2) - and for Italian steel products on which specific export refunds are payable. Use of the external transit procedure is not justified in either case. The external procedure applies to Community goods only in a limited number of cases where Community measures are involved in the export operation. The Commission has terminated the proceedings against Belgium regarding dues collected for the benefit of the Fonds pour la Santé et la Production des Animaux (animal health and production fund), as the Belgian authorities have abolished the scheme in question. 7 2. 1. 1. 1. customs field Progress in implementing Directives applicable to the Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM * Directives applicable on 31. 12. 1996 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 ' Directives for which measures have been notified 4 4 4 4 4 4 • 4 4 4 4 4 4 4 4 4 % 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Note: this table concerns Directives 76/308, 77/794, 85/479, 86/489. 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 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. Sec 13th annual report (1995). 27 The Commission kept a constant watch to make sure that barriers to trade in agricultural products in the Community were swiftly removed. In 1996 there was a further drop in the number of new cases involving "classic" barriers to the free movement of agricultural products, such as systematic import checks or certification requirements. An action against Germany is still before the Court of Justice regarding certain types of fresh pigmeat imported from Denmark. 8 The Commission decided *to send a reasoned opinion concerning the requirement imposed by the regional authorities in Galicia that imported cupped oysters be accompanied by an animal health certificate. Under Directive 91/67/EEC, combined with Decision 93/55/EEC, there should no longer be any need to ask an administrative authority to issue an animal health certificate for the marketing of animals and aquacultureproducts. The Commission sent another reasoned opinion to Spain regarding the requirement imposed by the authorities in the Valencia region that only the Spanish language be used in the labelling of apples from other Member States. Both Article 30 of the Treaty and Regulation (EEC) No 1035/72 on the common organization of the market preclude national rules imposing the exclusive use of a specific language for the labelling of food products at the wholesale stage (i. e. where only professional traders are involved and not Spanish consumers). Finally, the Commission decided to send a reasoned opinion to Ireland for restricting trade in breeding sheep from other Member States by imposing unilateral health requirements over and above those provided for in the prescribed Community procedure. taking account of legislation, without 2. 2. Removal of technical barriers 2. 2. 1. Free movement of goods 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. 9 As guardian of the Treaty, the Commission seeks to ensure that the internal market rules are properly applied by the Member States. It strives to remove technical barriers to trade and develop instruments which will prevent new barriers being raised. To achieve this, it draws on the case law of the Court of Justice. In 1996 the Court once again gave a number of judgments setting out guiding principles for the Commission's action. Case C-102/96; see 13th annual report (1995). See 11th annual report (1993). 28 Commission action During the first three quarters of 1996, the Commission dealt with some 684 cases of complaints and suspected or established^ infringements. It shelved 194 cases and referred only one to the Court of Justice. In many cases progress was made as a result of meetings with the national authorities. This year the Commission departments ' responsible for the application of Articles 30 et seq. of the Treaty met the authorities from eight Member States (Italy, Germany, Austria, the Netherlands, Greece, the United Kingdom and, for the first time, Finland and Sweden). These "package meetings" serve as an opportunity not only to discuss current complaints and infringement proceedings but also to raise awareness among national authorities of the Community rules which they bear primary responsibility for enforcing. The following examples illustrate the success of these meetings: - - the French authorities have adopted an interpretative circular on the "Toubon" Law, spelling out ways of applying it in a "reasonable" fashion and taking up some of the points raised by the Commission in its interpretative communication on the use of languages in the marketing of foodstuffs;10 the Danish authorities have adopted a circular on automobile parts, recognizing the certificates of conformity for tyres and wheels issued by other Union or EFTA Member States. Cases are generally closed once the Member State has amended the legislation challenged to comply with the Treaty. However, pending an official amendment, which often takes some time, Member States frequently adopt interim measures, such as circulars or notices published in their national official gazettes informing 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. interested parties that departments To gain a better insight into the situation on the ground in the different Member States and to develop a more consistent approach to their job, the of responsible Commission Articles 30 et seq. of the Treaty carry out horizontal surveys, which allow them to take stock of national regulations in a particular field. These the assistance of national government surveys, conducted with departments, also serve to foster cooperation between Commission departments and the national authorities, which is vital if Community law is to be properly applied. This year a survey (to be completed by the end of application the for Interpretative Commission communication concerning the use of languages in the marketing of foodstuffs in the light of the judgment in the Peeters case, 23 December 1993. 29 the year) was launched into the national definitions used to distinguish two similar pharmaceutical products. The Commission also takes action to prevent new barriers being erected to the free movement of goods by encouraging Member States to insert mutual recognition clauses in their national legislation. 11 For example, the Dutch authorities have inserted a mutual recognition clause in their legislation on the labelling of soft drinks which takes on board the principle that additional information is required only where there is a real risk of confusion for the consumer. The Court's main judgments Judgments by the Court shed light on the application of Community law by setting out its main principles. The following judgments afe worthy of mention: - Brasserie du Pêcheur 12 The Court confirmed the principle that Member States must make good any damage caused to individuals by infringements of Community law attributable to them, where the fault lies with the national legislature. It held that the injured party has the right to reparation where three conditions are met: the rule of law infringed must confer rights on them, the infringement must be sufficiently serious and there must be a causal link between the infringement and the damage sustained. Hedley Lomas; scope of Article 36 of the Treaty The Court held that Community law precludes a Member State from invoking Article 36 of the Treaty to justify a limitation of exports of goods to another Member State on the -sole ground that, according to the first State, the second State is not complying with the requirements of a Community harmonizing directive pursuing the objective which Article 36 is intended to protect. The Court also recalled the conditions governing the liability of Member States in accordance with its judgment in Brasserie du Pêcheur. - Ban on the exercise of certain commercial activities on Sundays and holidays13 The Court held that national rules imposing general restrictions on the marketing - and hence import - of a product cannot on that ground alone be regarded as limiting the market access of such imported products to a greater extent than that of similar national products. Referring to its judgment in Keck and Mithouard, it held that the fact that legislation may See 13th annual report (1995). Joined Cases C-46/93 and C-48/93 [1996] ECR 1-1029, judgment given on 5 March 1996. Case 418/93 [1996] ECR 1-2978, judgment given on 20 June 1996. 30 restrict the volume of sales generally, and hence the sale of products from other Member States, is not sufficient to characterize such legislation as a measure having an effect equivalent to a quantitative import restriction. Authorization to market biocides14 National legislation prohibiting the marketing of a biocidal product containing dangerous substances, without prior authorization, is justified under Article 36 of the Treaty, even if the product in question has already been authorized for sale in another Member State. However, the authorities responsible are not entitled to require technical or chemical analyses or laboratory tests unnecessarily, where such analyses or tests have already been carried out in the other Member State and the results are available to those authorities. - Discrimination against parallel imports of vehicles15 The Court ruled that Article 30 precludes national legislation concerning model-year dates for motor vehicles which causes the administrative authorities and traders to consider that, where two motor vehicles of the same model are sold on the same date, the one imported through parallel channels cannot be granted the same model-year date as the one sold through the official network of dealers. Repackaging of pharmaceuticals (Joined Cases C-427/93, C-429/93 and C-436/93 - judgment given on 11 July 1996 - and Joined Cases C-71/94, C-72/94 and C-73/94, and Case C-232/94) The Court specified the terms on which a parallel importer may repackage pharmaceutical products without the trademark-holder being able to rely on his rights to oppose it. The judgment is a valuable clarification of the doctrine of the exhaustion of trademark rights. Exhaustion of patent rights in relation to goods not patentable in the Member State of origin (Cases C-267/95 and C-268/95, judgment given on 5 December 1996) The Court of Justice spelled out the application of its rulings on the exhaustion of patent rights in relation to imports from a Member State where the product is not patentable: the patent holder may not impose such imports unless he can prove that he was under compulsion to market the product in the Member State of origin. Case 293/94 [1996] ECR 1-3159, judgment given on 27 June 1996. Case 240/95 [1996] ECR 3179, judgment given on 27 June 1996. 31 2. 2. 1. 2. The preventive rules of Directive 83/189/EEC - - The notification procedure of Directive 83/189/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 before they are finally adopted. The procedure does not cover technical regulations issued to implement directives. The Commission received 523 drafts of technical regulations,16 which were scrutinized by the relevant departments. This figure compares with 389 in 199417 and 439 in 1995 - clear evidence that, despite the completion of the internal market at the end of 1992, Member States are still adopting large numbers of technical regulations which could undermine the single market and the integrity of the benefits it has brought to all sectors of the economy. Of the 523 drafts received, 104 required a detailed Commission opinion18 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 134 opinions. 19 In five cases20 the Commission had to ask the Member State for a one-year postponement of the measures as it intends to propose harmonization measures, and in another five cases21 the measures will have to be postponed for a year because of an overlap with a draft directive or regulation already before the Council. On 26 June the Commission adopted a report on the operation of Directive 83/189/EEC in 1992, 1993 and 1994, which describes developments and progress in the field of technical rules and standards. The report is divided into three parts: the procedure for standards, including an analysis of its operation during the years in question together with statistics (short and medium-term improvements under the Directive are also analysed); the notification procedure for technical rules, including a detailed analysis of the various problems and questions raised by its application; and, finally, the sharing of information on technical rules with the EFTA countries. Since 1989 the Commission has been monitoring compliance with the notification requirement by routinely scrutinizing the official gazettes of all the Member States. When it discovers a breach of Directive 83/189/EEC, it may commence infringement proceedings under Article 169 of the 16 17 18 19 20 21 This was the figure at 31 December 1996. This figure is for the twelve old Member States only. If the three new Member States are included, the figure for 1994 is 442. This was the figure for drafts which had to be notified by 31 December 1996. The deadline for issuing opinions on draft legislation notified in 1996 expired on 31 March 1997. This was the figure for drafts which had to be notified by 31 December 1996. The deadline for issuing opinions on draft legislation notified in 1996 expired on 31 March 1997. This was the figure for drafts which had to be notified by 31 December 1996. The deadline for asking Member States to postpone measures notified in 1996 expired on 31 March 1997. This was the figure for drafts which had to be notified by 31 December 1996. The deadline for asking Member States to postpone measures notified in 1996 expired on 31 March 1997. 32 EC Treaty. , Compliance by Member States with their notification -duties will have to be reinforced following the Court's judgment in CIA Security International22 since a technical rule not brought to third parties' attention may not be relied on against him; this is the situation called for by the Commission ever since its Communication 86/C245/05. 23 During the first nine months of 1996, some 2 200 national laws were examined, of which about 40% were technical rules which had not been notified under the Directive or fell outside its scope. After careful study to see whether these rules should be notified under the Directive, the Commission commenced 80 infringement proceedings. 2. 2. 2. Progress in implementing Directives on the free movement of goods 2. 2. 2. 1. Foodstuffs infringement proceedings for failure Forty-seven to notify national implementing measures within the time allowed were terminated. Of the remaining cases, 31 are at the Article 169 letter stage and 12 have reached the reasoned opinion stage. Four infringement proceedings have been initiated for incorrect application of national texts adopted to transpose Community legislation in this sector. A further ten or so complaints were lodged. Quite a few of these cases the Commission's were settled departments and the national authorities concerned. following correspondence between incorrect A number of infringement proceedings were initiated for application of Directive 79/112/EEC on the labelling of foodstuffs, as in the following example: Directive 79/112/EEC lays down an exhaustive list of information which must be indicated on the labels of foodstuffs (sales description, list of ingredients, net quantity, etc. ). However, a Member State may deem it necessary to impose new labelling indications, which are not laid down by the Directive, in order to provide better information for consumers. Since a unilateral obligation of this kind may constitute a barrier to trade between the Member States, Directive 79/112/EEC provides that the Member State must notify the Commission and the other Member States of its proposed measure. The Commission then scrutinizes the draft and may oppose its adoption. During the year, two Member States were in breach of Community law for failing to follow the notification procedure laid down in the Directive. Case C-194/94, judgment given on 30 April 1996. Official Journal No C 245. 1. 10. 1986, p. 4. 33 2. 2. 2. 2. Progress in implementing Directives applicable to foodstuffs Member State Directives applicable on 31. 12. 1996 BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 Directives for which measures have been notified 66 74 66 72 73 61 69 69 70 75 69 69 72 72 74 % 88 98. 7 88 96 97. 3 81. 3 92 92 93. 3 100 92 92 96 96 98. 7 Note: this table concerns Directives 73/241, 73/437, 74/409, 76/118, 76/621, 77/436, 78/142, 78/663, 78/664, 79/112, 79/693, 79/796, 79/1066, 79/1067, 80/590, 80/766, 80/777, 80/891, 81/432, 81/712, 82/711, 83/417, 84/500, 85/503, 85/572, 85/591, 86/424, 87/250, 87/524, 88/344, 88/388, 88/593, 89/107, 89/108, 89/109, 89/344, 89/395, 89/396, 89/397, 89/398, 90/128, 90/496, 90/612, 91/71, 91/72, 91/238, 91/321, 92/1, 92/2, 92/4, 92/39, 92/52, 92/115, 93/5, 93/8, 93/9, 93/10, 93/11, 93/43, 93/45, 93/99, 93/102, 94/35, 94/36, 94/52, 94/54, 95/2, 95/3, 95/31,95/45,96/3,96/21. 2. 2. 2. 3. Pharmaceutical products implementing increase in notification of national There has been a considerable implementation measures. Measures the directives concerning the rational use of medicinal products (92/25/EEC, 92/26/EEC, 92/27/EEC, 92/28/EEC) have been notified by all Member States. The situation regarding the implementation of the homeopathy directives (92/73/EEC and 92/74/EEC) and the directives establishing the new system of mutual recognition of marketing authorisations (93/39/EEC and 93/40/EEC) has significantly improved, but at least three Member States have still not notified Infringement proceedings have been started in all these cases and are being closely followed by the Commission. implementation measures. their There are also some general problems concerning the interpretation and application of the pharmaceutical directives by Member States. These cases concern mainly the different interpretations given by Member States to the concept of "medicinal product" (sometimes resulting in barriers to the free movement of goods) and complaints concerning the alleged non-respect of 34 mandatory time-limits or other procedural requirements by national authorities. The Commission is carefully considering these problems and complaints, but for the time being no legislative activities are planned. It has the pharmaceutical legislation (both human and veterinary) is already very advanced; consolidation will increase the clarity of the legislation and ultimately the effectiveness of its implementation. that a draft consolidation of to be stressed, however, Progress 2. 2. 2. 4. pharmaceutical products in implementing Directives applicable to Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 Directives for which measures have been notified 30 32 30 31 32 26 29 30 32 32 30 28 32 32 29 % 93. 8 100 93. 8 96. 9 100 81. 3 90. 6 93. 8 100 100 93. 8 87. 5 100 100 90. 6 Note: this table concerns Directives 65/65, 66/454, 75/318, 75/319, 78/25, 81/851, 81/852, 83/570, 87/19, 87/20, 87/21, 87/22, 89/105, 89/341, 89/342, 89/343, 89/381, 91/356, 91/507, 90/676, 90/677, 91/412, 92/18, 92/25, 92/26, 92/27, 92/28, 92/73, 92/74, 93/39, 93/40, 93/41. 2. 2. 2. 5. Chemicals There are no particular problems in the application of Directives in this sector. Some Member States, including Belgium, Denmark, Germany, Spain, France and Italy, which had fallen behind in transposing the measures in force, were able to catch up in the course of the year. A number of new proceedings have begun, particularly in connection with Directive 95/8/EC on fertilizers (cf. Annex IV). 35 Requests for derogations under Article 100a(4) of the EC Treaty continue to be a significant feature in the harmonization of restrictions on the use of dangerous substances. Five requests for derogations are currently under examination by the competent Commission departments. 2. 2. 2. 6. Progress in implementing Directives applicable to chemicals Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 Directives for which measures have been notified 44 46 40 41 44 38 44 40 43 46 39 37 46 47 46 % 93. 6 97. 9 85. 1 87. 2 93. 6 80. 9 93. 6 85. 1 91. 5 97. 9 82. 9 78. 7 97. 9 100 97. 9 Note: this table concerns Directives'73/404, 73/405, 76/116, 76/769, 77/535, 78/631, 79/138, 79/663, 80/876, 81/187, 82/242, 82/243, 82/806, 82/828, 83/264, 83/478, 84/291, 85/467, 85/610, 87/94, 87/566, 88/126, 88/183, 88/379, 89/178, 89/284, 89/519, 89/530, 89/677, 89/678, 90/35, 90/492, 91/155, 91/173, 91/338, 91/339, 91/442, 91/659, 92/109, 93/1, 93/15, 93/18, 93/46, 93/69, 93/112, 94/60, 95/8. 2. 2. 2. 7. Motor vehicles, tractors and motorcycles 1996 was a pivotal year for this sector, since the Community type-approval procedure became mandatory for vehicles of category Ml on 1 January 1996. The separate directives became binding as a result. The transposai of Directives, so vital against a background of total harmonization, is going smoothly thanks to the experience acquired by the competent national authorities. Given the detailed, technical nature of the motor vehicle provisions, many Member States routinely refer in their national legislation to the text published in the Official Journal, which in practice facilitates and speeds up the transposai process and scrutiny for conformity with Community law. There are delays, but they rarely exceed a few months and generally arise because the deadline for transposing the directive comes soon after the date of adoption. 36 Four infringement proceedings were begun for failure to notify national measures in respect of the nine Directives which came into force in the course of the year. 2. 2. 2. 8. vehicles, tractors and motorcycles Progress in implementing Directives applicable to motor Member State. BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 185 185 185 185 185 185 185 185 185 185 185 185 185 185 185 Directives for which measures have been notified 184 180 177 178 180 182 184 184 178 179 173 178 182 169 176 % 99. 5 97. 3 95. 7 96. 2 97. 3 98. 4 99. 5 99. 5 96. 2 96. 8 93. 5 96. 2 98. 4 91. 4 95. 1 Note: this table concerns Directives 70/156, 70/157, 70/220, 70/221, 70/222, 70/311, 70/387, 70/388, 71/127, 71/320, 72/245, 72/306, 73/350, 74/060, 74/061, 74/132, 74/150, 74/151, 74/152, 74/290, 74/297, 74/346, 74/347, 74/408, 74/483, 75/321, 75/322, 75/443, 75/524, 76/114, 76/115, 76/432, 76/756, 76/757, 76/758, 76/759, 76/760, 76/761, 76/762, 76/763, 77/102, 77/143, 77/212, 77/311, 77/389, 77/536, 77/537, 77/538, 77/539, 77/540, 77/541, 77/649, 78/315, 78/316, 78/317, 78/318, 78/507, 78/547, 78/548, 78/549, 78/632, 78/665, 78/764, 78/932, 78/933, 78/1015, 79/488, 79/489, 79/490, 79/532, 79/533, 79/622, 79/694, 79/795, 79/1073, 80/233, 80/720, 80/780, 80/1267, 80/1268, 80/1269, 80/1272, 81/333, 81/334, 81/575, 81/576, 81/577, 81/643, 82/244, 82/318, 82/319, 82/890, 82/953, 83/190, 83/276, 83/351, 84/008, 84/372, 84/424, 85/205, 85/647, 86/297, 86/298, 86/415, 86/562, 87/056, 87/358, 87/402, 87/403, 87/405, 88/076, 88/077, 88/194, 88/195, 88/297, 88/321, 88/366, 88/410, 88/411, 88/412, 88/413, 88/414, 88/436, 88/465, 89/173, 89/235, 89/277, 89/278, 89/297, 89/458, 89/491, 89/516, 89/517, 89/518, 89/680, 89/681, 89/682, 90/628, 90/629, 90/630, 91/226, 91/328, 91/422, 91/441, 91/542, 91/662, 91/663, 92/021, 92/022, 92/023, 92/024, 92/053, 92/062, 92/097, 92/114, 93/059, 92/061, 93/14, 93/81, 93/91, 93/116, 93/29, 93/30, 93/31, 93/32, 93/33, 93/34, 94/12, 94/20, 94/53, 94/68, 94/78, 95/54, 95/48, 95/56, 96/1, 95/1, 96/20, 96/36, 96/37, 96/38, 96/44. 37 2. 2. 2. 9. Construction products The Commission commenced an action in the Court of Justice against Belgium, the only Member State not to have notified national measures implementing Directive 89/106/EEC. There are also particular problems in Austria due to its federal structure (the Lander have the power to incorporate Community rules into their own legislation, but not all of them have done so)! The Commission now uses the mechanism laid down in the Directive to follow up complaints on barriers to trade and check that the practices in question are consistent with Community law. In the past such cases were examined only in the light of Articles 30 to 36 of the Treaty. 2. 2. 2. 10. Mechanical engineering, electronics, personal protection equipment, gas equipment, pressure equipment, pre-packaging, measuring equipment, medical devices and pleasure craft All 97 Directives in this field had reached their transposai deadlines by 31 December 1996. Member States achieved a satisfactory rate of transposai, considering the complexity of the Directives in this field (which mostly follow the "new approach"). Even where transposai of a Directive is incomplete, there are no barriers to the free movement of products that are contrary to the Directives. Delays in transposai are mostly due to domestic reasons in the Member States (more than one Minister responsible, cumbersome legislative process, etc. ). Incorrect application of Directives deprives Community harmonization exercises of much of their anticipated benefit. The end of the transitional period for certain Directives has highlighted a number of problems with the interpretation of these texts. In addition to formal measures (initiation of infringement proceedings) the Commission has also taken informal action (meetings of Groups of experts, interpretative notes, etc. ) which has helped to resolve a number of doubtful, if not actually contentious cases. 38 Progress to 2. 2. 2. 11. mechanical engineering, electronics, personal protection equipment, gas equipment, pressure equipment, pre-packaging, measuring equipment, medical devices and pleasure craft implementing Directives applicable in v Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 Directives for which measures have been notified 92 97 95 96 94 96 91 92 94 96 96 95 96 95 95 % 94. 8 100 97. 9 99 96. 9 99 93. 8 94. 8 96. 9 99 99 97. 9 99 97. 9 97. 9 Note: this table concerns Directives 69/493, 71/316, 71/317, 71/318, 71/319, 71/347, 71/348, 71/349, 72/427, 73/23, 73/360, 73/361, 73/362, 74/148, 74/331, 75/33, 75/106, 75/107, 75/324, 75/410, 76/117, 76/211, 76/434, 76/696, 76/764, 76/765, 76/766, 76/767, 76/891, 77/95, 77/313, 78/365, 78/629, 78/891, 78/1031, 79/196, 79/830, 79/1005, 80/181, 80/232, 82/621, 82/622, 82/623, 82/624, 82/625, 83/128, 83/575, 84/47, 84/414, 84/525, 84/526, 84/527, 84/528, 84/529, 84/532, 84/539, 85/1, 85/10, 85/146, 86/96, 86/217, 86/295, 86/296, 86/312, 86/663, 87/354, 87/355, 87/356, 87/404, 88/320, 88/316, 88/571, 88/665, 89/240, 89/336, 89/392, 89/617, 89/676, 89/686, 90/18, 90/384, 90/385, 90/396, 90/486, 90/487, 90/488, 91/368, 92/31, 93/44, 93/95, 93/42, 93/68, 94/1, 94/9, 94/11,94/25,94/26. 2. 2. 2. 12. Liability for defective products Directive 85/374/EEC concerning liability for defective products has been transposed by all Member States except France. Following France's failure to act on the 1993 ruling by the Court of Justice which found it to be at fault, the Commission continued with the infringement procedure under Article 171 of the Treaty. France was sent a reasoned opinion in 1995. 39 The Commission also brought an action in the Court of Justice against the United Kingdom in 1995 (Case C-300/95). The Commission contests the UK's transposai of the clause exempting producers from liability as provided for in Article 7(e) of the Directive (development risk). 2. 2. 3. Free movement of persons, right of establishment and voting rights 2. 2. 3. 1. Ending discrimination Infringement proceedings are under way against a number of Member States concerning the application of Regulation (EEC) No 1612/68 on the free movement of workers. The infringement proceedings brought against Greece under Article 171 of the Treaty, relating to the implementation of the Court of Justice's judgment in Case C-123/94, M are continuing. This case is concerned with the conditions imposed on nationals of the other Member States wishing to teach a foreign language. The Court has given its judgment in the case against Belgium for legislation which discriminates against young job-seekers who have studied in another Member State by denying them integration benefits. 25 The Court found in the Commission's favour. The infringement proceedings brought against Belgium under Article 171 for failing to comply with the Court of Justice's judgment in case C-47/9326 are also under way. These relate to the withholding of finance for university studies from students from other Member States who are in Belgium solely for the purpose of studying there The case of Greece's nationality discrimination in acknowledging the eligibility of large families for certain allowances and failure to reckon services performed in the public administration of other Member States for the purpose of granting seniority and grading of workers in Greek public services on the sole ground that the services were not performed for a Greek administration has been referred to the Court of Justice. Also, following amendments to Greek legislation, the Commission has dropped the infringement proceedings on conditions for access to the profession of medical specialist. As a decree was issued by the French government bringing legislation into line with Community law, the infringement proceeding against France concerning nationality discrimination for the granting of teacher training allowances have been dropped. Judgment given on 1 June 1994 [19951 ECR 1-1457. Judgment given on 12 September 1996 in Case C-278/94 (1996] ECR 1-4307. Judgment given on 4 May 1994 [1994] ECR 1-1593. 40 The Commission also sent Germany a reasoned opinion concerning the protection of personal data on migrant workers. The infringement proceedings against the United Kingdom for failing to accord social security benefits to a Community worker in the form of reductions in university entrance fees and study grants for his spouse and against France for discrimination against early-retired frontier workers are under way. In the tax field, the Commission is monitoring Luxembourg's compliance with the Court of Justice judgment in case C-151/94 concerning the final payment of income tax by non-resident workers. 27 The infringement proceedings against Belgium concerning the granting of certain social security benefits are still pending. 28 Finally, infringement proceedings were brought against the Netherlands in two cases, one concerning the withholding of supplementary pension in. ^ wee from unemployed Belgian frontier workers after termination of the employment relationship and during the period unemployment benefit is received, and the other relating to the Dutch legislation modifying the cost of permanent residence documents for Community nationals, which is are higher than that of identity cards for nationals. , • 2. 2. 3. 2. Entry and residence As regards the infringement proceedings brought for failure to transpose correctly into national law the three directives on right of residence - 90/365/EEC (employees and self-employed persons who have ceased their occupational activity), 90/364/EEC (persons not in active employment) and 93/96/EC (students) - reasoned opinions were decided on or sent to various Member States in the course of the year. These proceedings relate mainly to implementing measures on the declaration of financial means by students (Spain, France, Ireland, Italy), financial means requirements for retired persons and persons not in active employment (France, Italy), sickness insurance requirements and their control (France, Italy) and the mechanism for checking the residence permit of retired persons and persons not in active employment after two years. the incorrect transposai of directives, infringement proceedings As well as actions for the incorrect Commission also brought application of Community law. A reasoned opinion was sent to Greece on the cost of residence permits for members of EU citizens' families who are nationals of non-member countries. The Commission also decided to send four reasoned opinions to France on the supporting documents required from EU citizens when applying for residence permits, the expulsion of a Belgian national and the issuing of visas to nationals of non-member countries who are members of EU citizens' families (failure to comply with for Judgment given on 26 October 1995 [1995] ECR I-36S5. Case C-326/90 [1992] ECR 1-5517 (Judgmcn! given on 10 November 1992). 41 the obligation to facilitate the granting of such visas and failure to provide a reason for refusals of visas). Finally, the Commission decided to send a reasoned opinion to Italy concerning the requirement of a residence permit for study visits of less than three months. Moreover, on the basis of complaints and requests from EU citizens, the Commission has observed that there are many cases in which clear provisions of Community law are incorrectly applied. For example, the six-month period which is needed to issue a residence permit when checks relating to health or public order are required is the time imposed by several national governments in normal circumstances. Others have excessive requirements as to the supporting documents to be presented when applying for a residence permit - it is not a correct application of Community law to require self-employed workers to carry bundles of documents to prove their status (proof of inclusion on the commercial register, VAT number, bank statements, commercial lease, tax returns etc. ). Nor is it in line with Community law to systematically require persons applying for a residence permit to produce, besides their identity card or passport, a record of civil status - translated, moreover, into the language of the host country. All of these examples help to explain the feeling among many citizens of not really belonging to the Union. To rectify such cases, the Commission naturally approaches the Member States concerned on the individual issues, and brings infringement proceedings in cases where flawed administrative practices are identified - which unfortunately is a very slow process. For this reason, the Commission has also decided to take action on another level - information. The "Citizens First" initiative, which aims to disseminate Community law on the free movement of persons and its practical application in the Member States, should ensure that, in the medium term, greater overall compliance with Community law is achieved. 42 2. 2. 3. 3. Progress in implementing Directives applicable to right of residence Member State Directives applicable on31. 12. 1996 BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 5 5 5 5 5 5 5 5 5 5 5 5 5 5 * 5 Directives for which measures have been notified 5 5 2 5 5 5 5 5 5 5 5 5 5 5 5 % 100 100 40 100 100 100 100 100 100 100 100 100 100 100 100 Note: this table concerns Directives 64/221, 73/148, 90/364, 90/365, 93/96. 2. 2. 3. 4. Right to vote and stand in elections Under Directive 93/109/EC, Union citizens residing in a Member State of which they are not nationals were able to vote and stand in elections to the European Parliament in June 1994. A report is being drawn up on the application of the Directive during these elections. The first elections to the European Parliament in the three new Member States were held in Sweden, Austria and Finland on 17 September 1995, 13 October 1996 and 20 October 1996 respectively. Following the entry into force of Directive 94/80/EC on 1 January 1996, Union citizens residing in a Member State of which they are not nationals were able to take part in municipal elections in Germany (Bavaria, Lower Saxony), Luxembourg, Italy, Finland and the United Kingdom. 2. 2. 3. 5. 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 43 public health services and public bodies responsible for administering commercial services). 29 This sectoral initiative, which goes further than the previous case-by-case approach to the application of Article 48 (4) of the Treaty, has led to the commencement of several infringement proceedings. Most of these proceedings have been dropped following legislative amendments in the Member States. However, the Commission has decided to continue with three of the cases before the Court, against Belgium, Greece and Luxembourg. In its judgments of 2 July 1996,30 the Court ruled that these three Member States had failed in their obligations by generally limiting access to employment in the public service to their own nationals. 31 The Commission will ensure that these Member States amend their legislation to comply with the Court's rulings as soon as possible. that the Court of Justice sanctions These judgments show the Commission's "sectoral" approach. However, it should be noted that the Commission's systematic efforts in the priority sectors have rubbed off in other sectors - France and Germany, for example, have enacted legislation (in July 1991 and December 1993 respectively) whose scope is not confined to the priority areas but, in theory, covers the public service as a whole. The important thing now is to ensure that non-discriminatory access to all public service posts not covered by Article 48(4), whether or not they belong to a priority sector, becomes the norm in all the Member States, so that discrimination on the grounds of nationality for public service posts is completely eliminated in the European Union. 2. 2. 3. 6. Social security of migrant workers The Commission brought an action against Greece following several complaints concerning the status of members of large families. It contended that by denying salaried or unsalaried Community workers and their families the status of large families on the grounds of their nationality, either by legislation or administrative practices, Greece was failing to discharge its obligations under Community law (Articles 48 and 52 of the Treaty, Article 7 of Regulation (EEC) No 1612/68, Article 7 of Regulation (EEC) No 1251/70, Article 7 of Directive 75/34/EEC and Article 3 of Regulation (EEC) No 1408/71). A reasoned opinion was sent to Belgium for obliging firms in the construction industry to make advance payments in respect of their social security contributions in order to obtain social identity cards for their workers and authorisation to commence work on a site, without taking account of Community provisions on the posting of workers. 29 30 31 See Commission communication, OJ No C 72, 18. 3. 1988, p. 2. Cases C-473/93 [1996] ECR 1-3207. C-173/94 [1996] ECR 1-3265 and C-290/94 [1996] ECR 1-3285. In the case of Belgium, the Commission action concerned only jobs in energy distribution bodies. 44 With regard to the dissolution of the Social Insurance Fund in Gibraltar, the United Kingdom informed the Commission - in response to its reasoned opinion - that new legislation which conforms to Community law would be introduced before the end of 1996. Meanwhile, payments were restarted on 1 October, backdated to 1 January 1994, the date on which the Fund was dissolved 2. 2. 3. 7. Recognition of qualifications Cases decided by the Court of Justice The following are noteworthy among the Article 171 cases for failure to comply with earlier Court of Justice judgments: Infringement proceedings brought against Belgium for failing to comply with the judgment given on 16 May 1991 (Case C-167/90) concerning the incorrect transposai of Directives 85/432/EEC and 85/433/EEC (pharmacists). Infringement proceedings in the case concerning private schools in Greece {frontistiria); In Case C-147/86, 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. Following Case C-328/90,32 in which Greece was condemned for a second time, the Greek authorities amended their legislation. However, the infringement proceedings on this newly-adopted legislation are still open. The infringement proceedings concerning the freedom of tourist guides to provide services against Italy and France53 are pending. Italy has notified the Commission of the adoption of new legislation. The Commission is currently examining whether this legislation complies with the Court's judgment. Two other cases stand out: Following the judgment given against Spain in Case C-3 75/92 concerning the freedom of tourist guides to provide services, some of the Autonomous Communities have adopted new decrees on the exercise of that profession. Following remarks made by the Commission, Spain has notified new legislation which is being scrutinized by the appropriate Commission departments. 32 33 Judgment given on 30 January 1992 [1992] ECR 1-425. Judgments given on 26 February 1991, Cases C-180/89 [1991] ECR 1-0709 and C-154/89 [1991 ECR 1-0659. 45 Following Greece's notification of measures to bring its legislation into line with the Court's judgment on the freedom of tourist guides to provide services,34 the Commission requested some in question. This have been amendments to the legislation incorporated in a Bill which is about to be adopted. National implementing measures The two cases concerning the failure to notify measures transposing Directive 89/48/EEC (first general system) by Belgium and Greece (Cases C-365/93 and C-216/94),35 on which the Court of Justice has given its judgment, are continuing. A letter of notice has been sent to them under Article 171 of the Treaty. Regarding Directive 92/51/EEC on a second general system for the recognition of professional education and training, which supplements Directive 89/48/EEC, also been commenced against Greece and Belgium. Portugal, Ireland, Germany and the United Kingdom have recently notified implementing measures or are about to do so. proceedings have infringement With regard to Directive 94/3 8/EC amending Directive 92/51/EEC with respect to the level of certain qualifications, proceedings are also under way against several Member States. Incorrect transposai and incorrect application of directives The Commission received around thirty complaints concerning restrictions in breach of Articles 52 and 59 of the EEC Treaty and directives on the mutual recognition of professional qualifications. Some of these complaints gave rise to infringement proceedings, while others were shelved. The Commission pursued a number of proceedings already in motion against Member States for incorrect transposai or incorrect application of directives. For example: a case concerning the transposai of Directive 89/48/EEC with regard to the teaching profession in Germany; a proceeding against Germany concerning access to the dental profession (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); Judgment given on 26 February' 1991, Case C-198/89 [19911 ECR 1-727. Judgments given on 23 March 1995 [ 1995] ECR 1-499, and 13 July 1995 [1995] ECR 1-2155 respectively. 46 a case against Spain for admitting dentists with qualifications obtained in Latin America at a level far below the directive's requirements. Spain is currently taking steps to bring its legislation into line with Community law; a proceeding against the Spanish legislation implementing the architects Directives, which lays down restrictions on the maximum period during which services may be provided in Spain; new infringement cases, including one against Italy for failing to observe the procedural guarantees laid down in the Directive and one against France for failing to apply the rule in the Heylens- Vlassopoulou case on hairdressers holding Belgian qualifications. 2. 2. 3. 8. Progress in implementing Directives applicable to recognition of qualifications Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 Directives for which measures have been notified 58 63 63 59 63 61 63 63 63 63 62 61 61 63 63 % 92 100 100 93 100 97 100 100 100 100 98 97 97 100 10036 Note: this table concerns Directives 63/261, 63/262, 64/222, 64/223, 64/224, 64/427, 64/428, 64/429, 65/1, 66/162, 67/43, 67/530, 67/531, 67/532, 67/654, 68/192, 68/363, 68/364, 68/365, 68/366, 68/367, 68/368, 68/369, 68/415, 69/82, 70/451, 70/522, 70/523, 71/18, 74/556, 74/557, 75/362*, 75/363*, 75/368, 75/369, 77/249, 77/452, 77/453, 78/686, 78/687, 78/1026, 78/1027, 80/154, 80/155, 81/1057, 80/1273, 82/76, 82/470, 82/489, 85/384, 85/432, 85/433, 85/584, 85/614, 86/017, 86/457*, 89/048, 89/594, 89/595, 90/658*, 92/51, 94/38,^5/43. The notification rate for the United Kingdom disregards the situation as to the implementation of directives in Gibraltar, >vhich is subject to special monitoring. 47 * These Directives were consolidated by Directive 93/16" (free movement of doctors and mutual recognition of diplomas, certificates and other evidence of formal qualifications) 2. 2. 3. 9. Independent commercial agents Directive 86/653/EEC on independent commercial agents has been transposed in all the Member States. However, the Commission has decided to send a reasoned opinion to Ireland for incorrect transposai of the directive. 2. 2. 4. Freedom to provide services 2. 2. 4. 1. Broadcasting All the Member States have notified national measures to implement Directive 89/552/EEC (television without frontiers). Only the two problems of substance with Belgium and the United Kingdom that were the subject of two judgments by the Court of Justice37 still remain. These two major cases primarily concern the main Directive's central provision, Article 2 (freedom of reception and retransmission, applicable law). The Court first stated, upholding the Commission's arguments, that a system of prior authorization for television broadcasts emanating from another Member State was in breach of the principle of freedom of reception and retransmission of television broadcasts laid down by the Directive. In its second judgment, the Court ruled that both the failure to respect the hierarchy of criteria determining a Member State's jurisdiction and the introduction of a double control on broadcasting services depending on the target audience were in breach of the Directive. The Commission regrets that the effectiveness of the application of provisions on advertising and sponsorship varies between Member States. It will keep a close eye on this problem. The Commission also felt the need to step up monitoring of the application by the Member States of Article 22 of the Directive on the protection of minors, given the rising number of pornography channels. 37 Judgments given on 10 September 1996. 48 2. 2. 4. 2. Telecommunications In its Resolution of 21 November 1996 on new policy prioritiesTegarding the information society,38 the Council recognized that liberalization of telecommunications markets by 1 January 1998 would stimulate the private and public investment necessary for development of the information society in Europe. It stressed the importance of an appropriate and consistent legal framework for the information society at European level. To prepare the ground for liberalization of the telecommunications markets in 1998, the Commission adopted two Directives, one on mobile and personal communications (96/2/EC)39 and the implementation of full competition telecommunications markets (96/19/EC). 40 To round out the new regulatory framework, the Council and Parliament have continued to work towards the adoption of new directives on harmonized conditions for providing telecommunications services in the EU. 41 the other governing in Most Member States have drawn up new legislation to comply with the requirements of new directives that have already been adopted or are in the process of being adopted. Basic legislation has been rounded out with a series of implementing instruments. The Commission helped those Member States that notified their draft national legislation by providing detailed comments on them. Qiven the increased volume of instruments that have been or are being adopted, such assistance is bound to increase over the liberalization of next telecommunications throughout the EU. to achieve effective two years in order The Commission has also examined the national measures implementing the the directives and decisions currently Member States. force notified by in All the Member States have notified national measures implementing the three Directives on frequencies - Directives 87/372/EEC (GSM), 90/544/EEC (Ermes) and 91/287/EEC (DECT). The Commission is currently preparing a report on the application of these three Directives. This report will be submitted to the Council and Parliament during the first half of 1997. Framework Directive 90/387/EEC prescribing the principles to be applied to the implementation of open network provision (ONP) has been transposed by all the Member States. 38 39 40 41 OJ No C 376, 12. 12. 1996. OJ No L 20 of 26 January 1996. OJ No L 74, 22. 03. 1996. Draft Directives on licences (common position adopted on 9 December 1996). interconnection (common position No 34/96), data protection. 49 All Member States except Luxembourg have notified national measures transposing the first specific ONP directive, Directive 92/44/EEC. The Commission has scrutinized the national measures notified and considers that Austria, Belgium, Greece, Finland, the Netherlands and Portugal have failed to transpose the Directive in full. The measures notified by Italy raise various problems in terms of consistency with Community law. introduced infringement proceedings against The Commission had Luxembourg with respect to this Directive. The Court of Justice42 having confirmed that Luxembourg had failed to fulfil its obligations under Directive 92/44/EEC, a new proceeding was initiated under Article 171 of the Treaty. The Commission is preparing that report on the implementation of the Directive required by Article 14. The report will be laid before the Council and Parliament in the first half of 1997. The Commission has proposed a Directive amending Directives 90/387/EEC and 92/44/EEC to adapt them to the new competitive environment. 43 Only six Member States (Germany, Austria, Belgium, Finland, Sweden and Portugal) have notified national measures transposing Directive 95/62/EC on the application of open network provision (ONP) to voice telephony. the adoption of a range of common The basic Directive on the harmonization of telecommunications terminal equipment (Directive 91/263/EEC) is a framework instrument providing for its implementation. The Commission has adopted fourteen Decisions relating to this Directive (94/11/EC and 94/12/EC relating to the GSM, 94/470/EC on ONP 2 048 kbit/s digital unstructured leased line, 94/471/EC and 94/472/EC for DECT, 94/796/EC and 94/797/EC for ISDN, 94/821/EC on ONP 64 kbit/s digital unstructured leased lines, 95/526/EC on ISDN telephony, 95/290/EC on ERMES, 95/525/EC on DECT-public access, 96/71/EC on X. 25 interfaces, 96/629/EC and 96/630/EC GSM-Phase II). technical rules for Twelve Member States (Germany, Austria, Denmark, Spain, Finland, France, Greece, Italy, the Netherlands, Portugal, the United Kingdom and transposing Directive Sweden) have notified 91/263/EEC. Examination has shown that the notifications from Austria and the Netherlands are incomplete. national measures The Court of Justice also found that, by failing to adopt transposai measures, Belgium,44 Luxembourg45 and Ireland46 had failed to fulfil their obligations under Directive 91/263/EEC. The Commission has brought 42 43 44 45 46 Case C-220/94 (Judgment given on 15 June 1995). Common position adopted on 9 December 1996. Case C-218/94 (Judgment given on 4 May 1995). Case C-221/94 (Judgment given on 7 November 1996). Case C-239/94 (Judgment given on 29 February 1996). 50 National transposai measures notified by the Member States with regard to the two Directives amending Directive 91/263/EEC have also been subject to scrutiny. This process involves measures notified by eleven Member States the (Germany, Denmark, Spain, Finland, France, Greece, Netherlands, Portugal, the United Kingdom and Sweden) transposing Directive 93/68/EEC on marking. Italy, Directive *93/97/EEC extends the scope of Directive 91/263/EEC to the equipment of ground satellite tracking stations. Nine Member States (Germany, Denmark, Spain, Finland, France, the Netherlands, Portugal, the United Kingdom and Sweden) have notified the Commission of national measures transposing the new Directive. Infringement proceedings are under way against Member States who have not notified transposai measures. Nine Member States (Germany, Austria, Belgium, Denmark, Finland, Ireland, Luxembourg, the United Kingdom and Sweden) have adopted measures required under Decision 91/396/EEC on the introduction of "112" as the standard emergency services number throughout the Union. France, Italy and the Netherlands have asked the Commission for a derogation under Article 3(2) of the Decision. Twelve Member States (Germany, Belgium, Denmark, Finland, France, Greece, Luxembourg, Ireland, Italy, the Netherlands, Portugal and the United Kingdom) have already introduced "00" as the standard code for access to the international network in the Community, in accordance with Decision 92/264/EEC. Austria and Sweden have announced their intention to introduce the "00" code in December 1997 and December 1998 respectively. Spain is the only Member State that has still supplied no information on implementation of the Decision. None of the Member States has notified national measures transposing Directive 95/47/EC on the use of standards for the transmission of television signals. The Commission has therefore commenced infringement proceedings. 51 2. 2. 4. 3. telecommunications Progress in implementing Directives applicable " to Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND » ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM * •• — - Directives applicable on 31. 12. 1996 9 9 9 9 9 9 "9 9 9 9 9 9 9 9 9. Directives for which measures have been notified 6 7 8 6 7 7 5 6 4 7 7 8 8 8 7 % 67 78 89 67 78 78 56 67 44 78 78 89 89 89 78 Note: this table concerns Directives 87/372, 90/387, 90/544, 91/263, 91/287, 92/044, 93/097, 95/47, 95/62. 2. 2. 4. 4. Financial Services Dialogue with the national authorities As a means of consolidating administrative cooperation and resolving problems quickly, the Commission maintained regular contacts with the national authorities through institutional committees (Banking Advisory Committee, Insurance Committee, UCITS - Undertakings for Collective Investment in Transferable Securities - Contact Committee), ad hoc interpretation groups (the banking Directives group, the insurance group and the capital adequacy Directive group, etc. ) and high-level working parties (HLSSC - High-Level Security Supervisors Committee - for negotiable securities). Complaints and infringements the insurance field, the Commission commenced In infringement proceedings in eight new cases for breaches of Articles 52 and 59 of the Treaty and directives. All cases were detected by the Commission itself. Two of the proceedings opened in 1995 were shelved, one because it was unfounded and the other because the Member State concerned complied with Community law. The banking sector saw a decrease in the number of 52 proceedings compared with last year. The Commission shelved "two complaints without taking further action, one brought this year and one in 1995. Many infringement proceedings have reached the reasoned opinion stage. In the insurance field, the number of proceedings formally commenced in 1996 for failure to comply with Community law or for incorrect application was considerably higher than in 1995. This is explained by the fact that the Commission has -almost completed its inspection of the quality of national measures transposing several directives and has discovered failures to comply with Community law or failures to transpose directives in full. In the banking sector, the number of proceedings opened for failure to communicate measures transposing directives into national law has increased as a result of delays in several Member States adopting measures transposing Directives 94/19/EEC (deposit-guarantee schemes) and 93/6/EEC (capital adequacy) that had recently entered into force. Infringement proceedings for failure to notify national measures The following cases are particularly noteworthy: in the banking sector, reasoned opinions were sent to Germany, Spain, Italy and Luxembourg for failing to notify measures implementing Directive 94/19/EC (deposit-guarantee schemes) and to Germany, Greece,. France, Italy and Luxembourg for failing to notify measures in respect of Directive 93/6/EEC (capital adequacy of investments firms and credit institutions); as regards securities, the Commission decided to send a reasoned opinion for failure to notify measures implementing Directive 93/22/EEC (investment services in the securities field) to Germany, Greece, Spain, Portugal and Luxembourg (for partial notification). turning to insurance, Belgium was sent a reasoned opinion for transposing only part of Directive 90/232/EEC (third vehicle - insurance Directive); (third non-life a case against Spain involving failure to notify national measures implementing Directive 92/49/EEC insurance Directive) was referred to the Court of Justice (see below also). Application of this Directive and of Directive 92/96/EEC on life insurance has not been unproblematic. Although most Member States have already notified national transposai measures for the two Directives, this does not mean that transposai or application is perfect; Italy's failure to transpose Directive 91/674/EEC (annual accounts and consolidated accounts of insurance undertakings) has been referred to the Court of Justice. A reasoned opinion has also been sent to Spain for failing to notify measures implementing this Directive; 53 - - - - - 91/3 71/EEC concerning finally, the Commission terminated cases against various Member States for failing to notify measures implementing the following Directives an agreement with Switzerland (Luxembourg), 91/674/EEC (Belgium), 90/618/EEC on motor vehicle liability insurance and the second life insurance Directive 90/619/EEC (Spain), 94/7/EEC on a solvency ratio for credit institutions (Denmark, Greece, Spain, Ireland, Italy and Portugal), 93/6/EEC on capital adequacy of investment firms and credit the (Belgium, Denmark, and Netherlands), 92/30/EEC on consolidated supervision and 92/121/EEC on large exposures of credit institutions (Germany), and 93/22/EEC (the United Kingdom, Belgium, the Netherlands, Denmark, France and Italy). institutions Ireland Infringement proceedings for failure to comply with Community law or incorrect application The following cases are of particular interest: in banking, Italy was sent a reasoned opinion for discriminatory tax treatment of banks that are not established in Italy. Such banks cannot benefit from the advantageous "imposta sostitutiva" system and therefore have to pay 5% registration fees on mortgages instead of the favourable rate granted to established banks; Austria was sent a reasoned opinion because the existence of anonymous accounts in Austria is incompatible with its obligation to check the identity of customers when they open an account under Article 3(1) of Directive 91/308/EEC (money laundering); proceedings started against Luxembourg for failing to bring its legislation on insurance brokers into line with Article 59 of the Treaty have been terminated, since the requirement that directors, general representatives, inspectors, agents and brokers and any other person performing insurance operations be resident in Luxembourg has now been abolished; in the securities sector, a reasoned opinion was sent to Germany for discriminating against UK investment trusts both with respect to public offers of their shares in Germany and in terms of taxation; in the insurance field, the Commission sent a reasoned opinion to France for failing implement Directives 92/49/EEC and 92/96/EEC in their entirety, as its legislation implementing these Directives did not contain measures adapting the mutual insurance code to the third non-life and life insurance directives; to a reasoned opinion was also sent to Belgium because Belgian legislation on the supervision of insurance companies excludes accidents at work from the scope of Directive 92/49/EEC. The 54 - - - Commission considers that the such risks are covered Tjy the Directive, where they are insured by private insurance companies. Finland was also found to commit the same breach of Directive 92/49/EEC and an Article 169 letter was therefore sent to Finland in 1996; the Commission also sent a reasoned opinion to Germany for incorrect application of Directive 92/49/EEC. In its legislation the implementing this Directive, Germany formally abolished provision prohibiting transaction of health the simultaneous insurance and other classes by non-German companies hoping to set up a branch or operate as service-providers in Germany, in line with the third non-life insurance directive, which ruled out this possibility. However, Germany introduced a new provision into its social security legislation whereby the employee would benefit from contributions paid by the employer only if the insurance company did not provide both health insurance and other classes of insurance simultaneously, irrespective of where it had its headquarters. This was an indirect violation of Directive 92/49/EEC; finally, the Commission sent a reasoned opinion to Spain because Spanish legislation implementing Directive 84/5/EEC did not meet the requirement of Article 1(4) of that Directive that a body be set up with the task of providing compensation for damage to property or personal injuries caused by an unidentified vehicle and the victim be given a reasoned reply regarding the payment of any compensation. Cases before the Court As regards requests for preliminary rulings, the Court of Justice still has not reached a decision in Case1 C-222/95 concerning a Member State's right, before the entry into force of the second banking Directive (89/646/EEC), to require a Community credit establishment already accredited in its country of origin to obtain further accreditation in order to enjoy the freedom to provide services on its territory. 47 In its judgment given on 26 March 1996 (case C-238/94), the Court of Justice declared that social security schemes such as the French statutory social security schemes providing health and maternity insurance for the self-employed in non-agricultural trades, old-age insurance for those in skilled manual trades and old-age insurance for those in industrial and commercial trades are excluded from the scope of Community insurance directives under Article 2(2) of Directive 92/49/EEC on non-life insurance. The departmental farmers' union brought a case against the Commission for its failure to act (Case C-47/96) on the grounds that, contrary to commenced plaintiffs' transposai of infringement proceedings against France for not incorrect the Commission requests, had See 13th Annual Report (1995). 55 Directives 92/49/EEC and 92/96/EEC due to the monopoly on covering "health" risks established by French legislation in the field of statutory social insurance. As regards actions brought under Article 169 of the Treaty, in its judgment given on 6 June 1996 the Court of Justice upheld the Commission's complaint ihat Italy's "SIM" Law on financial intermediaries breached Article 59 of the Treaty. 48 In its judgment given on 14 November 1995 (case C-484/93),49 the Court of Justice declared Luxembourg's legislation making the grant of an interest rate subsidy for a building loan subject to the requirement that the loan has been obtained from a credit institution approved in that Member State incompatible with Community law. Luxembourg has now amended its legisla&onJn line with Community law. Since Greece has now1 implemented judgments given for its failure to notify measures transposing Directives 90/618/EEC (motor vehicle liability insurance - provision of services), 90/619/EEC (second life insurance insurance directive),50 directive) and 88/357/EEC (second non-life infringement proceedings started on the basis of Article 171 of the Treaty have been terminated. A case was also brought before the Court of Justice against Greece for its failure to transpose Directives 92/49/EEC (Case C-l 11/96), 92/96/EEC (Case C-l 12/96), 91/674/EEC (Case C-l 10/96) and 91/371/EEC (Case Cr 109/96). Calls were made for withdrawal of this case following notification of national measures transposing these Directives. Proceedings continue against Ireland for its failure to transpose Directive 91/371/EEC (Case C-394/95) and against Spain for incomplete implementation of Directives 92/49/EEC (Case C-361/95) and 91/371/EEC (Case C-360/95). See 10th. 11th. 12th and 13th Annual Reports (1992), (1993), (1994) and (1995) respectively See 12th and 13th Annual Reports ( 1994) and (1995) respectively. Joined Cases C-109/94, C-209/94 and C-225/94 (Judgment given on 29 June 1995). 56 2. 2. 4. 5. services Progress in implementing Directives applicable to financial Member State B E L G I UM D E N M A RK G E R M A NY G R E E CE S P A IN F R A N CE I R E L A ND I T A LY L U X E M B O U RG N E T H E R L A N DS A U S T R IA P O R T U G AL FINL/vND S W E D EN U N I T ED K I N G D OM Directives applicable on 31. 12. 1996 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 Directives for which measures have been notified 42 42 42 40 36 41 41 40 40 43 39 40 37 37 41 % 98 98 9% 93 84 95 95 93 93 100 90 93 86 86 : 9 551 this N o t e: table concerns Directives 64/225, 72/166, 73/183, 73/239, 77/92, 77/780, 78/473, 79/267, 79/279, 80/390, 82/121, 84/5, 8 4 / 6 4 1, 8 5 / 6 1 1, 86/635, 87/343, 87/344, 87/345, 88/220, 88/357, 88/627, 89/117, 89/298, 89/299, 89/592, 89/646, 89/647, 9 0 / 2 1 1, 90/232, 90/618, 90/619, 91/308, 9 1 / 3 7 1, 9 1 / 6 3 3, 91/674, 92/30, 92/49, 92/96, 9 2 / 1 2 1, 93/6, 93/22, 94/7, 94/19 2. 2. 5. Free m o v e m e nt of capital Available information shows that the situation regarding the movement of capital within the Union is basically satisfactory. Considerable sums of money n ow flow across national borders to meet the economic needs of market players. A growing awareness on the part of economic agents regarding the possibilities for investments, borrowing transactions and risk management provided by the integrated European market has contributed to capital mobility within the Union. Some progress has been made, particularly in eliminating restrictions on the physical export of means of payment by Italy and Spain, on administering securities denominated in national currency by the United Kingdom and on direct foreign investment by France; these restrictions have been subject to infringement proceedings started by the Commission. Court of Justice rulings clarifying the scope of Treaty provisions on free' movement of capital have contributed to this positive trend. The notification rate for the United Kingdom disregards the situation as to the implementation of directives in Gibraltar, which is subject to special monitoring. 57 The Commission took action to' eliminate the final impediments "and indirect restrictions on free movement of capital both in cases already identified in last year's report and in new cases. These impediments take the shape of constraints on investments abroad by institutional investors which are not justified by prudential rules, restrictions on purchases of holdings in nationalized companies and of property in certain regions, conditions for the admission of foreign securities to domestic capital markets and favourable tax provisions for certain financial investments. A reasoned opinion has been addressed to Belgium in infringement proceedings concerning restrictions imposed by both Belgium and Greece on the purchase by residents of assets denominated in foreign currency issued abroad when transferring funds and investments abroad. Elimination of indirect restrictions on the free movement of capital presents a number of specific problems, since a distinction must be made between cases in which these restrictions can be justified by general interest and those to which these grounds do not apply. 2. 2. 6. Company law Apart from the cases listed below where no measures have been notified, and a few problems with incorrect implementation, the seriousness of which will be examined in a general study to be completed by the end of 1997, no particular difficulties have arisen in the transposai of directives in this field. The Commission has brought an action against Germany (case C-l91/95) for incorrect application of Directive 68/151/EEC (companies register) and 78/660/EEC (annual accounts). About 90% of German private limited companies are refusing to publish their accounts by depositing them with the companies register, as required by the Directives and the German legislation transposing them. The Commission has commenced another action in the Court against Germany for failure to notify national measures implementing Directive 90/605/EEC (amending the scope of the Directives on annual accounts and consolidated accounts). Reasoned opinions had already been sent to Greece, Ireland and Luxembourg for failure to notify national measures implementing Directive 92/101/EEC (amending Directive 77/91/EEC on the capital of public limited liability companies): these cases have not yet been terminated. 58 2. 2. 6. 1. law Progress in implementing Directives applicable to company Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Directives for which measures have been notified 12 12 11 11 12 12 11 12 11 12 12 12 12 12 12 % 100 100 92 92 100 100 92 100 92 100 100 100 100 100 10052 Note: this table concerns Directives 68/151, 77/091, 78/660, 78/855, 82/891, 83/349, 84/253, 89/666, 89/667, 90/604, 90/605, 92/101. 2. 2. 7. Intellectual and industrial property There is currently only one directive in force in the field of industrial property - Directive 89/104/EEC on trade marks. Under its provisions, the registration of a trade mark confers on its owner exclusive rights allowing him to prohibit its use for commercial purposes by a third party without his consent. The harmonization of Member States' legislation on national trade marks is not comprehensive, but confined to certain aspects which have a direct impact on the functioning of the internal market. Outside these harmonized fields, the Member States retain complete freedom lay down arrangements best suited to their traditions. to The scope of harmonization is defined by the Directive as follows: Registered trade marks only: arrangements for protecting trade marks resulting from usage are left up to the Member States. 52 The notification rate for the United Kingdom disregards the situation as to Ihe implementation of directives in Gibraltar, which is subject to special monitoring. 59 All categories of registered trade marks recognized by national legislation: trade marks in respect of products or services, individual trade marks, collective marks and guarantee or certification marks. This does not mean that the Member States are required to introduce these various categories of trade marks into their legislation. Trade marks which have been registered under arrangements but have effect in the Member States. international The Directive covers only substantive law on registered trade marks; none of its provisions is aimed at harmonizing procedures. The deadline for the transposai of 'this Directive was extended until 31 December 1992. All of the Member States, including the new Members, have notified the Commission of national legislation on the transposai of this Directive. The Spanish authorities notified the Commission of transposai even before the Directive had been adopted. The Commission is currently checking that the measures adopted at national level conform to the Directive. Copyright and related rights Member States generally adopt the national measures implementing the directives relating to this sector only after long delays and often only after infringement proceedings have been launched. All Member States have now notified their national measures transposing topographies of Directive 87/54/EEC on semiconductors. legal protection of the In the case of Greece, the examination of the national implementing legislation revealed several infringements of Community provisions. The Greek authorities sent the Commission a draft text amending the offending regulation and remedying the infringements. This text was adopted in November 1995, with the result that the infringement proceedings could be dropped. All Member States have now notified the Commission of national measures implementing Directive 91/250/EEC on the legal protection of computer programs. The examination of the measures notified by the United Kingdom revealed problems of compatibility with Community legislation, the UK having chosen to retain certain concepts of copyright in the transposai of the Directive, instead of adapting its traditions in this area to the requirements of the Community regulations. After an Article 169 letter to the UK and a reply from the British authorities, it transpired that the issue could be resolved once and for all by transposing the other Directives on copyright into national law. 60 Ireland, Luxembourg, Portugal and the United Kingdom have yet to communicate national measures implementing Directive 92/100/EEC (lending right). Infringement proceedings against these states have reached the stage of the reasoned opinion. * Only Belgium, Denmark, Spain, Finland, Sweden and Austria have notified national measures (on satellite broadcasting and cable retransmission). Infringement proceedings against the other Member States have reached the stage of the reasoned opinion. implementing Directive 93/83/EEC Directive 93/98/EEC on the term of protection of copyright and certain related rights has been transposed into national legislation in 11 Member States. Infringement proceedings against the other four have reached the stage of the reasoned opinion. Finally, no Member State has yet notified implementing measures for transposai of Directive 96/9/EC on the legal protection of data bases. 2. 2. 7. 1. and industrial property Progress in implementing Directives applicable to intellectual Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 Directives for which measures have been notified 6 6 5 4 6 4 4 4 3 4 4 3 5 5 3 % 100 100 83 67 100 67 67 67 50 67 67 50 83 83 50 Note: this table concerns Directives 87/54, 89/104, 91/250, 92/100, 93/83, 93/98. 61 2. 2. 8. Public procurement Nearly two years after the expiry of the deadline for transposing the latest directives adopted in the field of public procurement, a large number of measures have still not been transposed. In the case of Directive 92/50/EEC on services, for example, the five Member States (Belgium, the Greece, France, Germany and Austria) which had not notified Commission of national implementing measures have still not fulfilled their obligations, resulting in judgments against them by the Court of Justice on 2 May 1996. 53 The Commission has now decided to bring action against Belgium in the Court. Similarly, four Member States have failed to notify measures implementing Directive 93/36/EEC on supplies, and the Commission has decided to bring actions against them in the Court of Justice (Belgium, Germany, France, Italy). Four other Member States have failed to comply with their obligations under Directive 93/38/EEC on excluded service sectors54 and the Commission has decided to bring actions against them in the Court of Justice too (Belgium, Germany, France, United Kingdom). The texts notified to the Commission have been examined for compatibility with Community legislation, revealing numerous problems in many Member States where the national legislation is inadequate or incorrect. The scrutiny of national implementing measures revealed four new cases of infringement for incorrect transposai, bringing the number of cases pending in this category to 29. Some of these cases involve questions of principle which could undermine the liberalization of public contracts awarded in the Member States concerned. The situation in the three new Member States is still under examination, but numerous problems have already been identified with existing national legislation. The Commission continued its monitoring of the application of Community law in the procedures for awarding private contracts, by following up complaints and investigating and checking cases on its own initiative. The Commission processed 148 complaints and investigations of its own in 1996, including 42 new cases. It was able to settle 97 cases, mostly as a result of action by the awarding authorities or their supervisory bodies to remedy irregularities. The dialogue and consultation procedure ("package meetings"),65 set up to help Member States find and reach agreement on solutions to outstanding disputes which conform to Community law, undoubtedly helped in this respect. the 53 54 Cases C-253/95 (Germany), C-234/95 (France) and C-311/95 (Greece). Water, gas and electricity See also Section 2. 2. 11 above. 62 A few of these cases deserve special mention: ~ " the case of a contract for supplying various goods in the hospital sector which was awarded by negotiated procedure without any of the conditions for using this type of procedure being fulfilled. Following Commission intervention, the authorities of the Member State set aside the disputed procedure and began new procedures that complied with Directive 93/36/EEC; in another Member State, a contract to supply computer equipment had also been awarded by mutual agreement, without any justification for the absence of competitive tendering. The contract having been fully executed, the national authorities adopted precise instructions addressed to the departments concerned in order to clear up the confusion that had given rise to the irregularities documented; in a third case, a tender that did not comply with the specifications was accepted in the process for awarding a public works contract, constituting a breach of the principle of equal treatment that invalidated the contract. Following representations by the Commission, the authorities of the Member State in question set aside the decision awarding the contract and repeated the phase of the disputed procedure. the decision awarding In other cases, however, it proved impossible to reach agreement, and infringement proceedings had to be carried through to their conclusion. The Commission brought three actions in the Court of Justice. They concerned the construction of a Parliament building for the Flemish Region of Belgium (Vlaamse Raad), the supply of fertilizer for the Irish Forestry Board, and the construction of an administrative and cultural complex in St Pôlten, capital of the state of Niederôsterreich. All three cases involved a failure to award the contract on the basis of competitive tendering. In the first two cases the Member States are contesting the designation of the project administrator as adjudicating authority, while in the third case a specific provision of the regional law deliberately excluded application of Community law. In the first six months of the year the Court of First Instance and the Court of Justice gave judgment in several cases relating to public contracts, including the following important examples: Case C-87/94 Commission of the European Communities v Kingdom of Belgium (Walloon buses),50 which deals with the following issues: equal treatment of tenderers, change in tender, failure to comply with criteria for awarding the contract and the principle of transparency; Judgment given on 25 April 1996. [1994] ECR 1-1395. 63 Case C-318/94 Commission of the European Communities v Federal Republic of Germany (dredging of the lower Ems)57 concerning the following issues: failure to publish a contract notice, urgency, strict unforeseeable occurrence. interpretation exceptions: overriding of 2. 2. 8. 1. procurement Progress in implementing Directives applicable to public The table below does not include information on national provisions that have to be adopted in certain Member States because power is shared between different institutional structures (e. g. Austrian Lander). Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 11 11 11 8 10 11 11 11 11 11 11 8 11 11 11 Directives for which measures have been notified 9 11 8 7 8 8 11 10 11 11 7 8 11 11 10 % 82 100 73 88 80 73 100 91 100 100 64 100 100 100 9158 Note: this table concerns Directives 71/305, 89/440 (consolidated by Directive 93/37), 77/62, 80/767, 88/295, 90/531, 92/13, 92/50, 93/36 and 93/38/EEC. 2. 3. Removal of tax barriers 2. 3. 1. Direct taxation Personal taxation In cases involving Articles 48 and 52 of the EC Treaty (free movement of persons) and Regulation No 1612/68 the Court of Justice has repeatedly applied the general principles of non-discrimination and equal treatment of Judgment given on 28 March 1996. The notification rate for the United Kingdom disregards the situation as to the implementation of directives in Gibraltar, which is subject to special monitoring. 64 workers exercising their right to mobility in the context of the tax treatment of residents of a Member State as compared with non-residents. In substance, wherever a non-resident is in the same objective situation as a resident for tax purposes, the Court has held that imposing a different tax nationality scheme discrimination. constitutes potential (non-residents' scheme) This was the Court's point in a case concerning the personal and family of employed persons who earned virtually all their income in the Member State of employment although they resided in another Member State, where their personal situation (marital status, dependent children, the first Schumacker^ judgment) was not taken into account. Likewise, the application of a higher tax scale to the income of non-residents than to residents for tax purposes in the same Member State was held to be discriminatory where the non-resident earned virtually all his income in that State (Ascher). Following the judgments in Schumacker, Wielockx and* Ascher, the Commission has initiated contacts with the Member States to monitor the progress of planned legislation to give effect to these principles. In this connection, the Commission welcomes that fact that the United Kingdom's Finance Act 1996 extends the tax allowances available until now only to residents of the Commonwealth and taxpayers from certain other countries to all nationals of Member States of the European Economic Area (EEA). Similarly, the Commission has closed its file on a case of discrimination against foreign health insurance companies in Ireland. Ireland enacted a provision in its Finance Act 1996 which will extend income tax relief to premiums paid to institutions of other Member States. The Commission was able to terminate several infringement proceedings commenced against Member States for failure to comply with Community law. Germany, for instance, finally granted the parents of a disabled child residing abroad the same tax relief as the parents of a child residing in Germany. 59 Company taxation Belgium abolished the difference in company tax rates between Belgian companies and permanent business establishments (branches of foreign companies). A reasoned opinion has also been sent to France on the subject of the provisions of the general tax code which subject the profits of permanent establishments of foreign companies to a tax at source at a rate that varies 59 See 13th Annual Report (1995). 65 according to the country in which the company has its registered offices, by virtue of bilateral dual-taxation conventions. These provisions impose a different tax system based indirectly on the nationality of the company, in violation of Article 52 of the Treaty. As regards notification of implementing measures, the Commission has received national measures transposing all of the Directives from all legislation Member States except Greece, which has not notified transposing Directive 90/434/EEC on mergers (see point 2. 3. 1. 1. below). Capital transfer duties - Directive 69/335/EEC The interpretation on the directive on indirect taxation on the raising of capital has generated an extensive body of case-law. Among other things, the Court of Justice gave judgment on 13 February 1996 in Cases C- 197/94 and C-252/94 Bautiaa, declaring that the French legislation maintaining the tax on registration of capital transfers in the merger context at 1. 2% incompatible with Article 7(1) of the directive. The Court also specified that the prohibition by Article 10 of the directive on charging other taxes on such capital transfers applied only to indirect taxation (Case C-287/94 Frederiksen & Co. , judgment given on 26 September 1996), and that the prohibition did not extend to an annual tax for registration of a company with a chamber of commerce and industry (Case C-2/94 Denkavit International BVand others). A large number of questions are currently before the Court of Justice for preliminary rulings on the compatibility with Community law of limitation periods for the repayment of amounts due following rulings that taxes charged by a Member State were not in conformity with the capital transfer duties directive (C-188/95 Fantasak, C-231/96 Edis, C-260/96 Ansaldo Energia C-280/96, C-281/96 and C-10/97 In. co. ge 90 Sri). Among other points, they include the question whether the limitation period runs from the date the offending tax was charged or the date when the directive was properly transposed. There are also a series of questions concerning the interface between the directive and charges for company reorganizations or registrations where the operation is to combine capital from different sources in whatever way (Cases C-8/96 Locamion, C-42/96 SIF, C-347/96 Solred, and C-31/97 and C-32/97 Fecsa autopistas). The same question has been asked as regards corporation taxes (Case C-4/97 Noiwoven Spa). The United Kingdom's Finance Act 1996 amended the Stamp Duty Reserve Tax applied to security transactions to abolish discrimination against non-British clearing houses. They can now choose between a tax of 1. 5% of the value of the securities or 0. 5% per transaction. 66 Progress in implementing Directives applicable to direct 2. 3. 1. 1. taxation Member State ' BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Directives for which measures have been notified 4 4 4 3 4 4 4 4 4 4 4 4 4 4 4 % 100 100 100 75 100 100 100 100 100 100 100 100 100 100 10060 Note: this table concerns Directives 69/335, 77/799, 90/434, 90/435. 2. 3. 2. Indirect taxation Article 95 of the Treaty The Commission has sent a reasoned opinion to Italy following the introduction of a special levy on the price of unprocessed polyethylene which violates Article 95 of the Treaty because the tax on plastic film produced in Italy is less than that on the same products from other Member States. The levy is applied in the first case to the value of the raw material and in the second to the value of the finished product. The Commission has also decided to bring infringement proceedings against Belgium for insisting that consignments of non-alcoholic beverages from other Member States must be cleared for home use as soon as they enter Belgium, at the first Belgian office regarded as a frontier office before 1 January 1993, or that the consignee must first have set itself up as a registered depositor or registered trader, with all the obligations that this entails. The Commission believes that the continued application of such measures is contrary to Article 95 of the Treaty and Article 3(3) of Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products. 60 The notification rate for the United Kingdom disregards the situation as to the implementation of directives in Gibraltar, which is subject to special monitoring 67 Finally, the Court of Justice has struck out the case against Luxembourg for exempting sample discs and books from VAT on the domestic market. 61 Value-added tax The Commission has commenced two new series of infringement proceedings for failure to notify national implementing measures: one relates to Austria and Italy in respect of Directive 95/7/EC introducing new simplification measures with regard to value added tax - scope of certain exemptions and practical arrangements for implementing them; - the other relates to all Member States except Finland, Italy and the Netherlands in respect of Directive 96/42/EC introducing a reduced rate of VAT for supplies of live plants and other outputs of the floricultural and horticultural sectors and wood for use as firewood. b2 The infringement proceedings commenced in 1995 against Belgium, Italy, France, Luxembourg, the Netherlands and Portugal for failure to notify measures transposing Directive 94/76/EC introducing transitional measures applicable to VAT in the context of the enlargement of the European Union have been dropped following the notification of national implementing measures. 63 Similarly, the Commission was able to drop the proceedings against Portugal relating to Directive 94/5/EC on the special VAT arrangements applicable to second-hand goods, works of art, collectors' items and antiques. 64 As regards application of the 6th VAT Directive (Directive 77/388/EEC), the Council - under pressure from the Commission - reached agreement on the common system of VAT on cut flowers, ornamental plants and firewood, thus ending a three-year dispute between Member States. The Directive allows Member States to apply a reduced VAT rate to live plants, other outputs of floriculture and horticulture (including bulbs, roots and the like, cut flowers and ornamental foliage) and wood for use as firewood for the duration of the transitional tax system for trade between Member States referred to in Article 28(1) of the 6th Directive. 65 61 62 63 64 65 Case C-1-52/96 See the earlier reference to infringement proceedings under Article 170 of the Treaty connected with the adoption of this Directive. See 13th Annual Report (1995). Ibid. Directive 96/42/EC of 25 June 1996 (OJ No L 170, 9 July 1996. p. 34). 68 Under Community VAT legislation, the Council ought to have taken a decision by the end of 1994. However, because it had proved impossible to adopt such a decision by this date and the previous agreement sanctioning the status quo (allowing Member States that applied a reduced rate on 31 December 1992 to continue to do so, while the others were required to apply the standard rate) had expired, the Member States applying a reduced rate after this date were clearly violating Community law. The structural differences between the VAT rates applied by the Member States to outputs of the floricultural and horticultural sectors had also given rise to cases of fraud - which had been reported - and hence to distortions of competition. In 1995, the country worst affected, Belgium, therefore called for proceedings as provided for in Article 170 of the Treaty to be brought against countries applying a reduced rate in this sector. In December 1995 Parliament delivered a favourable opinion on the proposal for a Council directive on the taxation of agricultural products presented by the Commission/thus enabling the Council, for the first time, to vote on the proposal. In view of the situation, however, the Commission felt compelled to intervene, either by trying to persuade the Member States to accept its initial proposal for a directive (or a reasonable compromise), or by referring infringements to the Court of Justice. In the end the Member States were willing to accept a compromise submitted by the Belgian government, which is broadly similar to the Commission's initial proposal66 but with a number of technical changes. As part of its monitoring of the correct application of the provisions of the 6th VAT Directive, the Commission also decided to initiate a large number of new infringement proceedings against the following countries: - - - - Germany, which has amended its legislation on exempting gold transactions, whereas the 6th Directive does not allow for the introduction of any new exemptions; Greece, which, on the one hand, levies VAT on taxi drivers' income based on a flat-rate amount significantly lower than actual turnover and, on the other, continues to apply a number of special VAT rules and customs formalities that impede the smooth working of the single market; Spain, for exempting imports of military equipment from VAT and for excessive delays in refunding VAT, which causes particular hardship in the food sector; France, for exempting payments to public and private non-profit making medical establishments from VAT and for the way it taxes waste treatment companies based in other Member States; 66 COM(94) 584 final, 13 December 1994 (OJ No C 389, 31 December 1994, p. 14). 69 Italy, both for denying real estate companies the right to deduct VAT and for applying a zero rate to industrial waste, contrary to the Directive, which no longer permits such an exemption. Separate proceedings relate to the special reduced rate of 4% which Italy introduced last year for medicines and other pharmaceutical products, despite the fact that the Member States have not been allowed to introduce any new reduced rates since 1991; Portugal, which, like Spain, exempts imports of military equipment and also restricts the right to deduct VAT in various areas of activity. The Commission also brought actions against two Member States in the Court of Justice: Spain, for exempting from VAT services relating to the sporting activity of clubs and sports federations67 and France, for exempting from VAT occasional and permanent rentals of furnished accommodation*8 and for refusing to allow tax to be deducted in the case of purchase of helicopters by companies providing flying or lifting services. 69 it was possible to drop several On the other hand, infringement proceedings that were already under way following action by the Commission, the Member States in question having amended the relevant national legislation: - Greece: taxation of second-hand vehicles; "7 0 Spain: failure to comply with provisions of the 8th VAT Directive on the time-limit for refunding VAT to foreign taxpayers;71 Portugal: requirement that taxpayers not established in the country use a special model VAT return. 72 Finally, in the proceedings initiated against France under Article 171 of the Treaty for failing to implement the Court's judgment of 17 November 1993 concerning VAT on certain advertising services, the Commission sent a supplementary letter of formal notice. 67 68 69 70 71 72 Case C-l24/96. Case C-60/96. Case C-43/96. See 13th Annual Report (1995). Ibid. (Case C-16/95). See 13th Annual Report (1995). 70 Excise duties The Commission was able to drop proceedings against Belgium, Denmark, Germany, France, Greece, Spain, Ireland, Italy, Luxembourg, Portugal and the United Kingdom for failure to notify measures transposing Directive 94/74/EC on the harmonization of the structures of excise duties on mineral oils. The Commission has decided to initiate two infringement proceedings against France relating to excise duties on alcoholic beverages, for the following reasons: the introduction of two separate systems for "naturally sweet or liqueur-like" wines, depending on whether they were produced in France or come from other Member States, the latter being subject to conditions not provided for in Directive 92/83/EEC and requiring prior recognition by decree as eligible for treatment as wines for tax purposes (such a difference in tax treatment between similar products depending on whether they are produced on the domestic market or in other Member States being also contrary to Article 95 of the Treaty); infringement of Directive 92/12/EEC on the general system of excise duties: although the social security contribution which applies to alcoholic beverages in France could be maintained under the terms of this Directive provided it served specific purposes and complied with the structure imposed by the harmonization of excise duties, the contribution in question is incompatible with this structure in that it does not apply to all alcoholic beverages as defined in Directive 92/83/EC, but only to beverages with an alcoholic strength by volume of 25% vol. or more, and because it is levied on the basis of the volume of beverage and not the pure alcohol content. Infringement proceedings have also been initiated against Greece in connection with excise on manufactured tobacco. Greek legislation allows the Minister of Finance to set the minimum price for manufactured tobacco, whereas Directive 72/464/EEC expressly states that the producers or importers of manufactured tobacco are free to set the maximum price for retail sales of these products. 71 2. 3. 2. 1. taxation Progress in implementing Directives applicable to indirect. ^_ 1 Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 41 40 40 41 40 40 40 40 40 40 40 40 40 40 40 Directives for which measures have been notified 39 39 39 40 39 39 40 39 39 39 39 40 39 39 39 ' % 95. 1 97. 5 97. 5 97. 6 97. 5 97. 5 100 97. 5 97. 5 97. 5 97. 5 100 97. 5 97. 5 97. 5 Note: this table concerns Directives 67/227, 69/169, 77/388, 78/1035, 79/1070, 79/1071, 79/1072, 80/368, 83/181, 83/182,83/183, 84/386, 85/346, 85/576, 86/560, 88/331, 88/664, 89/219, 89/220, 89/465, 89/604, 91/680, 92/12, 92/77, 92/79, 92/80, 92/81, 92/82, 92/83, 92/84, 92/108, 92/111, 94/4, 94/5, 94/74, 94/75, 94/76, 95/7, 95/59, 95/60, 96/42. 72 CONSUMER PROTECTION AND PRODUCT SAFETY 1. INTRODUCTION There are a few general points to be made regarding the conduct of the Member States in the matter of transposai. Of the 62 directives adopted in this area (including directives not yet due for transposai), the Member States have notified the Commission of measures implementing 41. the time allowed has elapsed; As was the case last year, most of the Member States adopt transposai measures recent Directives only when (Nos 93/35/EEC, 93/47EEC, 93/73/EEC, 94/32/EC and 94/47/EC) typify the practice. Half the Member States account for the bulk of the infringement proceedings. National implementing measures are notified only after the reasoned opinion has been issued. the most 2. SITUATION SECTOR BY SECTOR 2. 1. Cosmetics Transposai problems persist. The proceedings commenced against Greece, Spain, France and Portugal for infringement of the basic Directive (76/768/EEC) are still in motion. In particular, the proceeeding against France, in which the Court of Justice has already given judgment,73 is continuing as France has yet to amend its legislation. for Directive As time Directive 76/768/EEC, several Member States have still to notify the Commission of their implementing measures. 93/3 5/EEC amending sixth the for On 1 June 1996 the Commission published Decision 96/335/EC establishing an inventory and a common nomenclature of ingredients employed in cosmetic products. Article 5a of Directive 93/3 5/EEC requierd publication to be made by 14 December. The delay had been taken to justify delays in transposai of Directive 93/3 5/EC, but now publication has taken place there are no further grounds to warrant defects in transposai. Case C-246/91 [1993| ECR 1-2289. judgment given on 5 May 1993; see also 13th Report (1995). 73 2. 2. Textiles The chief aim of the directives here (concerning textile names and analysis methods) is to secure both free circulation of textile products and to inform consumers. There are no specific problems of transposai. In 1994 the procedure for formal consolidation was launched for Directive 71/3 07/EEC on the Member States relating to textile names and Directive 72/276/EEC relating to certain methods for the quantitative analysis of binary textile fibre mixtures, both amended on many occasions. the approximation of laws of the To secure transparency and clarity on Community law, this proposal aims to consolidate in a single instrument all the instruments enacted since 1971 (textile names) and 1972 ( anamysis methods). Proceedings are now at the final stages. 74 2. 3. Safety and health Three Member States (Germany, Ireland and Luxembourg have yet notify the Commission of measures transposing Directive 92/59/EEC on general product safety, which entrered into force on 29 June 1994. Proceedings against Luxembourg have been referred to the Court of Justice; the others are still at the scrutiny stage. 2. 4. Protection of economic interests Regarding Directive 90/314/EECon package travel, package holidays and package tours, it is worth noting that in Dillenkofer15 the Court of Justice gave judgment in the consumers' favour. Confirming what its earlier rulings in Francovich and Faccini-Dori,16 the Court held: Failure to take any measure to transpose a directive in order to achieve that purpose the result it prescribs within the period laid down for constitutes per se a serious breach of Community law and consequently gives rise to a right of reparation for individuals suffering injury if the result prescribed by the directive entails the grant to individuals of rights whose content is identifiable and a causal link exists between the breach of the State's obligation and the loss and damage suffered. ' This judgment is of crucial importance for European consumers. the Member States have now notified measures All Directive 90/314/EEC. transposing 74 75 76 Council common position published in OJ No C 196, 16. 7. 1996. Joined Cases C-178/94, C-l79/94, C-l88-190/94, judgment given on 8 October 1996. Joined Cases C-6/90, C-9/90 [1991] ECR 1-5357 (judgment given on 19 November 1991), and Joined Cases C-91/92 [1994] ECR 1-3325 (judgment given on 15 July 1994) respectively. 74 The time allowed for transposing Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis expired in April 1997, but no Member State has yet notified implementing measures. 2. 5. Progress protection and product safety in implementing directives applicable to consumer Member State Directives applicable on 31. 12. 1996 REUGTUM DENMARK GERMANY GREECE SPATN FRANCE TRET. AND TTAT. Y TTTYFMTtOTTRG NETHERLANDS AUSTRTA PORTUGAL FTNTAND SWEDEN UNITED KINGDOM. 54 54 54 54 54 54 54 54 54 54 54 54 * 54 54 54 Directives for which measures have been notified 48 51 48 46 47 47 46 48 47 50 52 -• 45 51 48 48 % 88 95 88 86 88 88 86 89 86 92 96 84 97 92 92 Note: this table concerns the following directives: Cosmetics 76/768, 80/1335, 82/47, 82/368,82/434, 83/191, 83/341, 83/496, 83/514, 83/574, 84/415, 85//391, 85/490, 86//179, 86/199, 87/137, 87/143, 88/233, 88/667, 89/174, 90/121, 90/207, 91/184, 92/8, 92/86, 93/35, 93/47, 93/73, 94/32, 95/17, 95/34, 96/41, 96/45. Textiles: 71/307, 72/276, 73/44, 79/76, 81/75, 83/623, 87/140, 87/184. Protection of economic interests: 79/581, 84/450, 85/577, 87/102, 88/314, 88/315, 90/88, 90/314, 93/13, 94/47. Safety and health: 87/357, 88/378, 92/59 75 COMPETITION 1. INTRODUCTION In 1996 the deadlines passed for Member States to notify national measures implementing three Directives in the telecommunications field. The number of individual infringement proceedings commenced was similar to that in 1995. They mainly concerned telecommunications and access to port infrastructures. 2. SITUATION SECTOR BY SECTOR 2. 1. Public enterprises In the telecommunications field the Commission decided to send reasoned opinions to Portugal, Ireland, Luxembourg, Greece, Italy and Spain for failure to notify measures implementing Directive 94/46/EC on satellite communications. Portugal subsequently notified the Commission of its implementing legislation. 77 Three Directives fell due for transposai in this field - 96/19/EC (liberalization of alternative infrastructures), 95/51/EC (abolition of restrictions on the use of cable television networks for the provision of already liberalized telecommunications services) and 96/2/EC (mobile and personal communications systems). The situation regarding notification of national implementing measures is as follows: all the Member States except Belgium, Italy and Austria have notified measures implementing Directive 96/19/EC. Ireland, Portugal, Greece and Luxembourg asked for an additional period of grace, as provided for by the Directive. The Commission has accepted Ireland's request and is scrutinizing the requests from the other Member States concerned; seven Member States have notified measures implementing Directives 95/51/EC and 96/2/EC. Portugal and Ireland have asked for additional time. The Commission has accepted Ireland's request and is looking into Portugal's. The Commission also acted against Spain, requiring it by Decision of 18 December 1996 to remove the distortion of competition generated by the initial payment imposed on the second mobile-telephone operator, Airtel. Spain has been given until 24 April 1997 to notify the Commission of measures to implement the directive. Decree Act No 120/96, 7 August 1996. 76 has now transposed Directive 93/84/EEC Belgium amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings, but no implementing measures have yet been received from Greece, although some information was supplied by letter dated 20 May 1996. 78 Individual cases On the telecommunications front the Commission was satisfied with the remedial measures notified by the Italian Government to comply with Article 2 of Decision 95/489/EC on the conditions imposed on the second GSM mobile telephone operator in Italy. 79 Under this Decision the Italian Government was asked to end the distortion of competition arising from the initial payment imposed on Omnitel Pronto Italia and to ensure equal treatment of GSM operators on the Italian market. While Omnitel Pronto Italia had to pay ITL 750 billion for a GSM licence, Telecom Italia obtained its licence free of charge. 80 The Commission took similar action against other Member States which required a second operator to pay an initial fee. As a consequence, Belgium and Ireland decided to impose a similar fee on the public-sector GSM operator. Both countries have since confirmed that these fees have been paid. In the transport field, mention must be made once again of the case concerning discounts on landing charges at Zaventem airport in Belgium. The Belgian authorities have still not complied with the Commission Decision of 28 June 1995,81 citing as grounds the fact that they have brought an action before the Court of Justice. However, under Article 185 of the Treaty, the court action has no suspensory effect. The Commission accordingly addressed a reasoned opinion to Belgium. Following Commission intervention, the ferry company Mercandia was authorized to operate a new service between Helsingor in Denmark and Helsingborg in Sweden on 1 June 1996. Mercandia had complained to the Commission and the Danish competition authorities about the refusal of the Danish Transport Ministry to grant it authorization to operate a ferry service between these two ports. The effect of this refusal was to exclude a potential competitor on the Oresund and strengthen the dominant position of DSB, the maritime subsidiary of the Danish and Swedish railway companies, and Sweferry, in breach of Articles 90 and 86 of the Treaty. An undertaking that owns or manages a port infrastructure is in breach of Article 86 if it uses its dominant position in the market for the provision of port services in order to strengthen the dominant position of an existing operator on the related, but separate market for maritime transport See 13th Report (1995). OJ No L 280, 23. 11. 1995. See 13th Report (1995). See 13th Report (1995). 77 services. This is particularly the case where there is no objective reason" for refusing to grant an operating licence. The Danish competition authority recommended that DSB cede part of its terminal to other operators, but the Danish Government declined to act on that recommendation. Consequently, intense negotiations with the Danish authorities with a view to allowing new competitors on the line in question. On 27 February 1996, the Danish authorities decided to authorize a new operator, to be selected after a call for tenders. The Commission accepted this proposal, since the selection criteria guaranteed that access to the market would be fair, reasonable and non-discriminatory. the Commission began The Commission is pursuing infringement proceedings in respect of the grant of exclusive television advertising rights to a private-sector broadcasting company, the 'Vlaamse Televisie Maatschappij' (VTM), which gave it favourable treatment in comparison with broadcasters in other Member States contrary to Article 90(1) read with Article 59 of the Treaty. 2. 2. Monopolies The cases brought before the Court of Justice in 1994 against France, Italy, the Netherlands and Spain concerning monopolies on the import of gas and electricity are still in motion. However, the Commission has dropped its case against Ireland. Despite repeated warnings from the Commission, Austria has still not satisfactorily adjusted its monopoly on manufactured tobacco. Although new legislation82 abolished exclusive rights on the import and marketing of wholesale tobacco (intra-Community aspects) earlier than required under Article 71 of Austria's Act of Accession, it still maintains conditions which the Commission considers discriminatory vis-à-vis competitors of the former monopoly. Accordingly the Commission sent Austria a reasoned opinion. Act No 830 of 21 December 1995. 78 2. 3. Progress in implementing Directives applicable to competition Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 Directives for which measures have been notified 4 5 7 3 6 7 5 5 5. 6 5 5 7 7 7 % 50 62. 5 87. 5 37. 5 75 87. 5 65. 5 62. 5 62. 5 75 62. 5 62. 5 87. 5 87. 5 87. 5 Note: This table concerns the following Directives: 80/723, 88/301, 90/388, 93/84, 94/46, 95/51, 96/2, 96/19. 79 EMPLOYMENT AND SOCIAL POLICY 1. INTRODUCTION The Commission adopted a medium-term social action programme in 1995. 83 Building on the achievements of the 1989 programme, this document sets out the Commission's detailed work programme in the field of social policy for the period from 1995 to 1997. It is the third and the final phase in a process which started in 1993, with the launch of the Green Paper on the future of social policy, and continued in 1994 with the White Paper on European social policy. 84 2. SITUATION SECTOR BY SECTOR 2. 1. Equal treatment of men and women The Commission commenced two infringement proceedings against Greece for breach of Directive 76/207/EEC. Under Greek law, workers must retire as soon as they reach pensionable age. Since the pensionable age for women is different from that for men, women are obliged to retire earlier than men, contrary to the Directive as interpreted by the Court of Justice in Marshall*5 The Commission has decided to terminate proceedings against Greece concerning the ban on night work by women. However, it has referred the cases against France and Italy to the Court of Justice. As for the health and safety of pregnant workers and workers who have recently given birth or are breast-feeding, the Commission is pursuing infringement proceedings to notify national measures failure implementing the directive against Greece, France, Italy and Luxembourg, but has terminated the proceedings against Belgium and Germany. for 2. 2. Working conditions All the Member States except Belgium and Greece have now notified transposai measures for Directive 91/3 83/EEC on improvements in the safety and health at work of workers with a fixed-duration or temporary employment relationship. Directive 94/33/EC on the protection of young people at work fell due for transposai on 22 June 1996. At present eight Member States have still to notify national implementing measures (France, United Kingdom, Italy, Sweden, Luxembourg, Greece, Portugal and Austria). 83 81 85 COM(95) 134 final, 12 April 1995. COM(94) 333 final, 27 June 1994. Case C-l52/84 [1986] ECR 1-723. 80 information As for Directive 94/45/EC (establishment of a European Works Council or in consultation procedure an Community-scale undertakings and groups of undertakings), there has been some progress in implementation by the Member States concerned: employees and for - Belgium, Germany, Denmark, France, Ireland, Finland and Sweden have formally notified transposai measures; in most other Member States transposai is' virtually complete and legislation is expected to be notified shortly. 2. 3. Health and safety at work There has been notable progress in the implementation of the framework Directive 89/391/EEC. Now that Spain has adopted national implementing measures,86 notification of national transposai measures is complete. Furthermore, Germany and Greece have undertaken a revision of existing law, and a similar initiative is in the pipeline in Belgium. Despite some improvement, the situation regarding measures giving effect to the Directives implementing the framework Directive is still not entirely satisfactory. Mention should be made here of the judgment given by the Court of Justice against Spain on 26 September 1996 for failure to notify measures implementing the first six individual Directives. 87 Infringement proceedings are in motion against other Member States which have still to notify national implementing measures. The Commission is at present assessing the measures notified by the Member States for the implementation of the individual Directives adopted under the framework Directive and the Directives on carcinogens and chemical and biological agents. On the basis of its assessment, it may terminate infringement proceedings in some cases. 2. 4. Public health Article 129 of the Treaty states that, "Health protection requirements shall form a constituent part of the Community's other policies. " The Commission reports regularly on its efforts to ensure this obligation is met. The second such report, covering activities in 1995, was published in September 1996. 88 86 87 88 Ley de prevention de riesgos laborales. Case C-79/95. COM(96) 407 final, 4 September 1996. 2. 5. Progress in implementing Directives applicable to employment and social policy Member State BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND"" ITALY LUXEMBOURG" NETHERLANDS AUSTRIA PORTUGAL" FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 50 50 50 49 50 50 50 50 50 50 50 50 50 50 49 Directives for which measures have been notified 41 48 48 41 36 45 43 42 42 47 44 40 46 47 47 % 82 96 96 83. 6 72 90 88 84 85. 7 94 89. 7 81. 6 100 96 96 Note: This table concerns the following Directives: Labour law: 75/129, 77/187, 80/987, 91/533, 92/56, 94/45 Equal opportunities: 75/117, 76/207, 79/7, 86/378, 86/613 Free movement of workers: 64/221, 68/360, 72/194 Health and safetv at work: 78/610, 80/1107, 82/130, 82/605, 83/477, 86/188, 88/35, 88/364, 88/642, 89/391, 89/654, 89/655, 89/656, 90/269, 90/270, 90/394, 90/679, 91/269, 91/322, 91/382, 91/383, 92/29, 92/57, 92/58, 92/85, 92/91, 92/104, 93/88, 93/103, 93/104, 94/33, 94/44, 95/30 Public health: 89/622. 90/239. 92/41 89 90 91 92 93 Directive 94/44/EC not relevant to Ireland. Directive 93/103/EEC not relevant to Luxembourg. Directive 93/103/EEC not relevant to Austria. Directive 94/44/EC not relevant to Portugal. Directives 82/130/EEC, 88/35/EEC, 91/269/EEC and 94/44/EC not relevant to Finland. 82 AGRICULTURE 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. Markets In addition to its efforts to eliminate barriers to freedom of movement, the Commission also sought to ensure that the other provisions of the Community's agricultural legislation are effectively and correctly applied. In monitoring the application of specific market organization a) mechanisms, the Commission continued to keep a close watch on the use of 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 brought an action before the Court of Justice against France because of the discriminatory way in which it distributes the reference quantities released under the scheme for the cessation of milk production (Case C-l98/96). terms on which The is made are considered redistribution discriminatory because the quantities to be redistributed depend on the purchaser's cessation level. This practice has been condemned by the Court of Justice on two occasions. the Furthermore, under the Community rules the 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. y Finally, the Commission sent a reasoned opinion to Italy regarding the scheme for offsetting milk deliveries operated by producers' associations. Under Community legislation deliveries may be offset only by the purchaser or at national level, according to certain criteria. There is no legal base for compensation by a producers' association. The following cases arose under the Community rules on the b) description of agricultural products. In the milk sector, the Commission had already decided in 1995 to bring an action before the Court of Justice following the refusal by the British authorities to regard the marketing of soya milk as an infringement of Regulation (EEC) No 1898/87, Article 3 of which prohibits products other than milk and milk products from being described as "milk". 83 the British authorities adopted national Since implementing Regulation (EEC) No 1898/87, the Commission took no further action on this decision. However, fresh infringement proceedings have now been commenced, as the ban on the name "soya milk" is not applied in practice. rules In the spirits sector, the Commission decided to send a reasoned opinion to France for allowing the marketing of spirits made by adding a percentage of water to whisky. Under Regulation (EEC) No 1576/89, whisky must have an alcoholic strength of at least 40% and no water may be added to an alcoholic drink so that the nature of the product will not be changed. The Commission strives to secure compliance with Community c) rules on quality standards in the practical application of the rules governing the market organizations. After many years of inaction, the Italian authorities were finally persuaded to adopt and apply the measures required to carry out checks on quality standards in the fruit and vegetable sector. Italy thus complied with the Article 171 judgment given against it by the Court of Justice in Case C-69/8694 for failure to implement an earlier judgment95 concerning a breach of the rules for the enforcement of quality standards in the fruit and vegetable sector. d) The Commission also sought to eliminate additional conditions imposed by Member States when applying agricultural legislation. For example, it decided to send a reasoned opinion to Greece concerning a system of penalties it imposes in connection with the Community direct aid scheme in the cotton sector. The guarantee provided for in the aid scheme is not refunded until proof has been produced that a 1% parafiscal charge has been paid to the Greek Cotton Board. e) Finally, in the wine sector, the Commission sent a reasoned opinion concerning certain provisions of a German law on wine which authorizes the Lander to allow cooperatives and unions thereof to add together the areas under vines in calculating the maximum yield per hectare and to allow the wine-growers concerned not to deliver all of their harvest to the cooperative or group of which they are members. Judgment of 12 February 1987 [1987] ECR 773 and ff. Judgment of 15 November 1983 in Case C-322/82 11983] ECR 3689 and ff. 84 2. 2. Harmonization Background There was a substantial increase in the number of infringement proceedings for failure to notify national implementing measures, which can be accounted for entirely by proceedings commenced for the first time against the new Member States. There was an increase in the number of reasoned opinions sent in 1996 (118), but, as the 1995 figure was extremely low (26), this should be seen as rather less worrying than the number sent in 1994 (262). Finally, fewer cases were referred to the Court of Justice (33 compared with 63 in 1995) - a logical consequence of the drop in the number of reasoned opinions in 1995. Situation in the Member States The positive trends recorded in Luxembourg, the Netherlands and Spain in 1995 continued and, as in the past, there were hardly any problems with delays in transposai in Denmark. Improvements were also evident in Belgium, Ireland, Portugal and the United Kingdom. The Commission is particularly concerned about Germany's transposai of Directive 91/414/EEC (plant protection products), Directive 93/85/EEC and subsequent amending Directives, and certain Directives on seeds and seedlings. In all, twelve infringement cases have been referred to the Court of Justice. Delays in transposai subsist in France, which has yet to comply with the Court's judgment for failure to notify national measures implementing Directive 91/628/EEC (protection of animals in international transport), even though it concerns a sensitive political issue. There seems to have been little improvement in the situation in Greece, which has been censured by the Court of Justice for failure to notify national measures implementing Directives 92/5/EEC (meat products), 91/414/EEC (plant protection products), 92/118/EEC (products not subject to specific rules) and 93/52/EEC (bovine embryos). The number of reasoned opinions sent to Greece and the number of referrals to the Court is well above the Community average. In Italy the incorporation of agricultural directives into national law has undoubtedly been speeded up in the past by the special "Community Acts" empowering the Government to transpose Community directives under a simplified procedure. However, because of the instability in Parliament, the Act for 1994, proposed by the Italian Government in 1993, did not come into force until February 1996. 85 As a result Article 171 infringement proceedings were commenced "in "two cases for failure to comply with a Court judgment, and Italy was censured by the Court for failing to fulfil its obligation to transpose fourteen directives in the veterinary field and on seeds and seedlings. The actions brought before the Court have now reached an advanced stage and it is to be feared that Italy will again be censured in these cases and in connection with a number of other Directives, some of them vital to the operation of the internal market, in particular 92/46/EEC (production and marketing of raw milk, heat-treated milk and milk-based products), 92/65/EEC (animals, semen, ova and embryos not subject to specific Community rules referred to in Directive 90/425/EEC), 92/116/EEC (poultrymeat) and 92/118/EEC (products not subject in Directive 89/662/EEC). to specific referred rules to Progress has been made in Ireland despite continuing problems concerning the transposai of health regulations on fish and fishery products. The Commission has commenced infringement proceedings for failure to comply with four Court judgments96 in which Ireland was censured for not adopting implementing measures in respect of the veterinary checks for fishery products provided for in Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC. On joining the Community, the three new Member States were faced with a considerable workload, since, with a few exceptions, national implementing measures had to be adopted for all directives forming part of the acquis communautaire. Wliile it is true that, as members of the European Economic Area, they had been required to align some national legislation on Community law, transposai was not complete and, in any case, many Community provisions on agriculture did not apply under the EEA Agreement. As a result, agricultural legislation in the three countries had to be completely overhauled. In Sweden the incorporation of directives into national law has already attained a very satisfactory level. In Austria legislative work is proceeding at a steady pace. However, the Commission has noted longer delays in the implementation of directives falling under the responsibility of the Lander. Many of the infringement proceedings against Finland have been prompted by a failure to notify implementing measures in the Aland islands, a region which enjoys considerable autonomy in agricultural matters. 96 Judgments of 14 December 1995 in Cases C-132/94, C-l38/94, C-161/94 and C-l62/94. 86 Incorrect transposai and incorrect application of directives In this field two particular kinds of problem have come to Commission's attention. the First, following scrutiny of the national measures notified by the Member States as part of a survey, the Commission found that certain provisions failed to comply with Directive 93/118/EEC on the financing of health inspections and checks on fresh meat and poultrymeat. Reasoned opinions have been sent to six Member States. Second, proceedings have been brought against Germany and Italy for failure to sign contracts for the use of the computer server for the Animo network, which was introduced in connection with the internal market to provide speedy information on the movements of livestock in the Community. Implementation of Directive 83/189/EEC (technical standards) in the agricultural sector The Member States have been particularly active in notifying draft regulations laying down technical standards in the agricultural sector. pursuant (amended 83/189/EEC to Directive A total of 112 draft legislative texts notified by the Member States were examined in the light of Article 30 of the Treaty and the relevant secondary legislation, by Directives 88/182/EEC (agricultural products) and 94/10/EC), which provides for an information procedure in the field of technical standards and regulations. 97 In many cases, after systematic analysis of the drafts, the Commission requested amendments to ensure that adoption of the regulations concerned would not create barriers to the free movement of goods. Thirteen drafts gave rise to reasoned opinions, five of them accompanied by supplementary observations; eight others gave rise to observations by the Commission. Generally speaking, Member States to which reasoned opinions or observations were addressed made the requisite changes to their drafts. Since the United Kingdom had to adopt a number of legislative measures to curb bovine spongiform encephalopathy, it notified 20 drafts under an emergency procedure. its duty exercising In of to monitor Directive 83/189/EEC, the Commission keeps a close watch to ensure that Member States comply with their obligation to notify all draft instruments containing technical rules or standards. After scrutinizing many instruments adopted by the Member States, infringement it twice commenced proceedings for failure to observe the notification procedure. implementation the The Commission decided to refer three cases to the Court of Justice (two against Italy and one against the Netherlands) for the same infringement. See Chapter 2. 2. 1. 2 above. 87 The Court has already given two judgments against these countries in similar cases. 2. 3. Progress in implementing Directives applicable to agriculture Member State Directives applicable on 31. 12. 1996 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 370 370 370 370 370 370 370 370 370 370 370 370 370 370 370 356 369 328 325 365 339 358 329 344 365 302 349 169 349 361 % 98 99 89 88 99 92 97 89 93 99 82 94 4698 94 9 8" This table concerns the following Directives: Feedingstuffs 70/373, 70/524, 71/250, 71/393, 72/199, 73/46, 73/47, 74/63, 74/203, 75/84, 76/14, 76/371, 76/372, 76/934, 77/101, 78/633, 79/372, 79/373, 79/797, 80/502, 80/510, 80/511, 80/695, 81/680, 81/715, 82/471, 82/475, 82/937, 83/228, 83/381, 84/4, 84/425, 84/443, 84/587, 85/509, 86/174, 86/299, 86/354, 86/530, 87/153, 87/234, 87/238, 88/485, 89/520, 90/44, 90/167, 90/439, 91/126, 91/132, 91/248, 91/249, 91/334, 91/336, 91/357, 91/508, 92/63, 92/64, 92/87, 92/88, 92/89, 92/95, 92/113, 93/26, 93/27, 93/28, 93/55, 93/56, 93/70, 93/74, 93/107, 93/113, 93/114, 93/117, 94/14, 94/16, 94/17, 94/39, 94/40, 94/41, 95/9, 95/10, 95/11, 95/33, 95/37, 96/6, 96/7. This figure is explained by the failure to notify transposai measures in the Aland Islands, which have considerable autonomy in these matters and are consequently required to take specific transposai measures. The notification rate for the United Kingdom disregards the situation for the implementation of directives in Gibraltar, which is subject to special monitoring. ' " Plant health 69/464, 69/465, 69/466, 74/647, 76/895, 77/93, 79/117, 79/700, 80/392, 80/428, 81/7, 81/36, 82/528, 83/131, 85/298, 85/574, 86/214, 86/355, 86/362, 86/363, 86/651, 87/181, 87/298, 87/477, 88/298, 88/572, 89/186, 89/365, 89/439, 90/168, 90/335, 90/533, 90/642, 91/188, 91/414, 91/683, 92/70, 92/76, 92/90, 92/98, 92/103, 92/105, 93/50, 93/51, 93/57, 93/58, 93/71, 93/85, 93/106, 93/110, 94/3, 94/13, 94/29, 94/30, 94/37, 94/79, 95/4, 95/35, 95/36, 95/38, 95/39, 95/40, 95/41, 95/44, 95/61, 95/65, 95/66,96/14,96/15. Seeds and seedlings 66/400, 66/401, 66/402, 66/403, 68/193, 69/60, 69/61, 69/62, 69/63, 69/208, 70/457, 70/458, 71/140, 71/162, 72/168, 72/169, 72/180, 72/274, 72/418, 73/438, 74/268, 74/648, 74/649, 75/444, 75/502, 76/331, 77/629, 78/55, 78/386, 78/387, 78/388, 78/511, 78/692, 78/816, 78/1020, 79/641, 79/692, 79/967, 80/304, 80/754, 81/126, 82/287, 82/331, 82/859, 83/116, 85/38, 86/109, 86/155, 86/267, 86/320, 87/120, 87/480, 87/481, 88/95, 88/380, 89/2, 89/14, 89/100, 89/424, 91/682, 92/9, 92/19, 92/33, 92/34, 92/T7, 93/17, 93/48, 93/49, 93/61, 93/62, 93/63, 93/64, 93/78, 93/79, 95/6, 96/18. Forestry 66/404, 69/64, 71/161, 74/13, 75/445. Veterinary matters 64/432, 64/433, 66/600, 71/118, 71/285, 72/445, 72/461, 72/462 73/150, 77/96, 77/98, 77/99, 77/391, 77/504, 78/52, 79/109, 79/111, 80/213, 80/215, 80/217, 80/219, 80/1095, 80/1098, 80/1099, 80/1100, 80/1101, 80/1274, 81/6, 81/602, 82/894, 83/91, 83/201, 84/319, 84/643, 84/644, 84/645, 85/73, 85/320, 85/321, 85/322, 85/358, 85/511, 85/586, 86/469, 87/328, 87/486, 87/487, 87/489, 87/491, 88/146, 88/166, 88/289, 88/299, 88/406, 88/407, 88/409, 88/660, 88/661, 89/227, 89/321, 89/360, 89/361, 89/362, 89/384, 89/437, 89/556, 89/608, 89/662, 90/118, 90/119, 90/120, 90/422, 90/423, 90/425, 90/426, 90/427, 90/428, 90/429, 90/539, 90/667, 90/675, 91/67, 91/68, 91/69, 91/174, 91/266, 91/492, 91/493, 91/494, 91/495, 91/496, 91/497, 91/499, 91/628, 91/629, 91/630, 91/684, 91/685, 91/687, 91/688, 92/5, 92/35, 92/36, 92/40, 92/45, 92/46, 92/48, 92/60, 92/65, 92/66, 92/67, 92/102, 92/116, 92/117, 92/118, 92/119, 93/52, 93/53, 93/54, 93/60, 93/118, 93/119, 93/120, 93/121, 94/28, 94/42, 94/59, 94/65, 94/71, 95/22, 95/23, 95/25, 95/29, 95/68. 89 FISHERIES 1. INTRODUCTION In order to ensure respect for the Community rules governing fisheries and aquaculture, the Commission continued to monitor the resource conservation and management measures put in place by the Member States in areas covered by the common fisheries policy. It kept a particularly close watch on the fishery control measures that Member States are required to implement. The Commission also continued its systematic scrutiny of national fisheries and aquaculture legislation for compatibility with Community law, notably as regards the grant of flag rights and technical resource conservation measures. 2. SITUATION SECTOR BY SECTOR 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, as there are no infringement proceedings currently outstanding. 2. 2. Resources Particular attention was paid implementation of organization of the market. the new control measures under to monitoring the Member States' the common In this connection, in 1995 the Court ruled that France had failed to fulfil its obligations under Community legislation on the control of fishing activities in the context of the exceeding of its anchovy quotas for 1991 and 1992 (Case C-52/95). Community inspections were carried out during the year to establish whether the ruling was being properly implemented. Most recent figures suggest that the rate of consumption of the quota is not such that it is likely to be exceeded in the current year. On 11 June 1991, the Court ruled against France in Case C-64/88 for failure to discharge the obligation to enforce technical conservation measures (minimum mesh size of nets, attachments to nets, by-catches, the minimum size of catches and failure to take action against infringements). The Article 171 proceedings for failure to give proper effect to this judgment are running their course. The Commission has sent France a reasoned opinion for failure to implement the following aspects of this 90 judgment: differences between the French gauges and those used hy "the Community for measuring net-size, absence of control measures in relation to by-catches, non-compliance with rules on minimum size offish. France's reply is currently being scrutinized. 2. 3. Compatibility with Community law of national legislation on the grant of flag rights to fishing vessels The Court ruled against France in Case C-334/94 on grounds of incompatibility with Community law of French legislation on the grant of flag rights. In the same judgment the Court also established that France was in breach of its obligations under Article 171 of the EC Treaty by not giving effect to the judgment in Case 167/73 (Code de travail maritime). The Commission also brought a case against Greece (Case C-62/96, pending) to have Greek legislation on the grant of flag rights declared incompatible with Community law. The proceedings against Ireland in relation to the grant of flag rights and fishing licences have been dropped. Talks are under way with the Finnish and Swedish authorities on the current amendments to national legislation on the grant of flag rights. 91 ENVIRONMENT 1. INTRODUCTION 1. 1. General situation In 1996 a number of study and assessment projects were carried out aimed at improving the implementation of Community law in environmental matters. The Commission adopted the progress report on the implementation of the Fifth Environment Action programme "Towards Sustainability". While welcoming the positive developments (the contributions made by strategy groups and financial instruments, notably the Cohesion Fund, to the effective and transparent implementation of environmental measures), the the need to encourage an integrated policy of report emphasized environmental legislation and to strengthen implementation controls. In May, the European Parliament and the Commission organized joint hearings on the implementation of Community legislation. Following on from this in-depth discussion, the Commission adopted a communication entitled Implementing Community Environmental Law,100 in which it proposed among other things that minimum standards be laid down to for environmental inspections in the Member States. It also proposed the setting up of procedures for lodging and examining complaints and for Commission scrutiny of measures to widen access by representative organizations to justice in the Member States, subject to compliance with the subsidiarity principle. The Commission is persuaded that the initiatives in its communication will make a practical contribution to the enforcement of Community environmental law at all relevant levels. A further significant development this year was the adoption of Directive 96/61/EC concerning integrated pollution prevention and control (DPPC). This Directive provides for the setting up of a committee where Member States, with the coordination of the Commission and participation of industry, non-governmental environment organizations and the public concerned define overall pollution control standards for installations which cause the most pollution. On the basis of the committee's findings, the Member States must find the best solution in view of the environment for controlling pollution. Of all the third generation Community initiatives regarding the environment, this is the first Directive to favour an integrated approach, which takes account of subsidiarity, encourages all the actors to participate and promotes industry/environment synergy. 100 COM(96) 500 of 22 October 1996. 92 1. 2. Notification of national implementing measures Member States are still finding it difficult to transpose Community Directives within the prescribed period of time. Delays in notification of national measures transposing Directives can usuallyv be attributed to institutional and administrative structures in the Member States and, in the case of the new Member States, to the importance and complexity of the acquis communautaire which needs to be transposed. This is particularly true in the case of chemical substances, where it can be seen that certain Member States are having difficulties in keeping up with the pace of transposai required by successive adaptations of Directive 67/548/EEC technical progress. This particularly applies to Belgium, against whom the Commission has taken legal action in the Court of Justice on several occasions for failure to fulfil obligations. In Greece and Portugal, however, legislation has been brought into line. substances) (dangerous to As far as the new Member States are concerned, in spite of the efforts undertaken, particularly Finland's efforts to make up the delay in notifying the transposition texts of the autonomous province of Aland, some Directives still have to be transposed, notably with regard to air. The deadlines for transposing a further three Directives have been reached, namely Directives 94/62/EC (packaging and packaging waste), 94/67/EC (incineration of hazardous waste) and 94/69/EC (adapting to technical time Council Directive 67/548/EEC progress for concerning dangerous substances). The Commission acts swiftly to ensure that Member States fulfil their obligations regarding the notification of national implementation measures which serve as the basis for the Commission's scrutiny of conformity and application. twenty-first the A list of environment Directives in force and the situation regarding notification of national implementation measures can be found in the table at point 2. 8. 1. 3. Conformity of national implementing measures In spite of the efforts made by the Member States to transpose Community Directives correctly - by exchanging views with the Commission infringement in package meetings, particularly before departments proceedings initiated by the Commission come to Court - there are still some cases of non-conformity in most areas of environmental legislation. Difficulties often arise from the problem of apportioning responsibilities between the different levels within the Member States (national or regional), or of environmental provisions having been made in other areas of State activity (agriculture, transport, industry, etc. ). Particular problems arise when Member States' existing legislation covers the subject-matter of a Directive but needs amending in line with new Community requirements. Difficulties can also arise where there is a choice between different 93 transposai techniques, whereby several legal instruments may bë used without the relationship between them and the various obligations imposed by the Directive being clearly defined. While recognizing that there is no simple, universal solution to these problems, the Commission notes with regret that, apart from Denmark, Finland and Sweden, the Member States do not generally meet the Commission's requests that they supply concordance tables indicating national provisions and the corresponding Community provisions as they are obliged to do by the Directives. The tables would make conformity checks far easier, both at national and Community level. The Commission has also been carrying out the important task of scrutinizing the conformity of national implementing measures notified by the three new Member States in accordance with the obligation to adopt the acquis communautaire. Finally, on the litigation side, the Court of Justice held in Case C-133/94101 that Belgium had not transposed correctly some of the obligations imposed by Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. 1. 4. Incorrect application of Directives In the absence of regular reports on the application of Directives in the Member States required by the majority of Directives in this field, the Commission's main sources of the complaints addressed to it by citizens, questions asked by Members of the European Parliament and petitions sent to it. information remain There has been a levelling off in the number of cases raised by Parliament. Not only do these cases demonstrate to the Commission the importance the public attaches to environmental issues (mentioned in between 20% and 25% of petitions), they also give a better idea of the breakdown by sector and Directive, thus enabling the Commission to target its efforts in scrutinizing the application of Community law in environmental matters more effectively. The number of complaints has fallen, but this does not mean that largest number of environmental performance has complaints were received from Spain and Germany, while Luxembourg, Finland and Sweden were the Member States least affected. Most complaints concerned nature, environmental impact assessment, waste and water. improved. The Complaints and petitions were mostly about specific and very practical problems directly affecting the complainants and petitioners, such as uncontrolled or poorly controlled waste disposal near a village, the 101 Judgment given on 2 May 1996. 94 construction of a road without prior assessment of the damage to "the complainant's quality of life caused by the traffic, and the smell and appearance of water poured into nearby rivers commonly used for bathing or fishing. These problems often typify an underlying situation in one or several Member States. The Commission tries to identify the general problem underlying individual infringement situations (the first example given in the previous paragraph may therefore be evidence of an absence of the waste management planning required by Article 7 of Directive 75/442/EEC or the lack or poor quality of permits issued pursuant to Article 9 of the same Directive), subsequently endeavouring to adopt a horizontal approach to the problem so as to secure lasting protection for the environment throughout the Community. A significant number of problems mentioned in complaints stem from the incomplete or incorrect transposai of Directives. This may be the case in the second example given above (transposai not in strict conformity with Directive 85/337/EEC on environmental impact assessment). This is why, without neglecting the monitoring of incorrect application cases which reveal questions of principle or administrative practices that contravene the Directives or horizontal questions, the Commission concentrates its efforts on dealing with problems of conformity. Some of the infringements detected through scrutiny of the complaints and petitions also pose questions regarding the lack of the requisite technical infrastructure (the third example given above might suggest that the Member State does not have an effective network of treatment plants for urban waste water and so will be unable to transpose the obligations imposed by Directive 91/271/EEC in the near future). In such cases, while monitoring the environment as usual, the Commission endeavours to continue its activity of improving environmental infrastructure via projects financed by the Structural Funds and the Cohesion Fund. On this subject, it is worth recalling the communication from the Commission on Cohesion policy and the environment,102 which sets the goal of ensuring that Cohesion Fund financing is divided equally between transport and environmental projects. the application of Community in matters of law 1. 5. Freedom of access to information While it is true that all the Member States have notified national measures implementing Directive 90/313/EEC on the freedom of access to information on the environment, there are still some conformity problems. In spite of the Commission's diligence and the activities of some Member States there has been a lack of progress in the sector overall: the Dutch Parliament has not completed its examination of the draft legislation to bring national measures into line with the Directive; COM (95) 509/5. 95 the conformity problems identified last year regarding German and French legislation have not been resolved; it has emerged that there are conformity problems with the Belgian and Portuguese legislation; the Commission has contacted the Italian authorities as the infringement in 1995, legislation notified following which proceedings were terminated, does not transpose the Directive correctly; and in Ireland, although the relevant legislation was amended to take account of the 1995 report on the first year's application of the national instruments transposing the Directive, there are still some problems such as estimating waiting times relating to the right of access to certain types of information. The fact that, for the most part, questions of non-conformity of the transposai measures provide the basis of the complaints filed with the Commission is evidence that progress has not been made on the implementation of Community regulations at national level. While aware that legislative procedures for amending national legislation as required are relatively time-consuming, the Commission does regret the absence of progress. Many complaints concern such matters as the refusal of national authorities to respond to requests for information or demands for payment of unreasonably high fees. With the obvious exception of complaints about the absence of redress procedures regarding decisions made by the authorities, the Commission encourages complainants to make use of the procedures available under the Directive and national transposai legislation. Where complaints are filed at the same time as judicial or administrative remedies are applied for at national level, the Commission asks complainants for information regarding the outcome. Regarding the implementation of Directive 90/313/EEC, the Commission has drawn the Member States' attention to the requirement under the Directive to furnish the Commission with a report on their experience with the implementation of this Directive by 31 December 1996. In its judgment in Case C-58/94103 the Court of Justice reaffirmed the importance of the individual's freedom of access to public authority documents and dismissed the Netherlands' action for annulment of Council Decision 93/731/EC (public access to Council documents), Article 22 of Given on 30 April 1996. 96 the Council's Rules of Procedure and the Code of Conduct (93/730/EC) governing public access to Council and Commission documents. 1. 6. Environmental impact assessment Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment is still the most widely cited legal instrument relating to matters of the environment. Thus it is not surprising that most complaints and petitions filed with the European Parliament take this Directive as their principal or subsidiary basis. Infringements detected in this area are often caused by incorrect transposai of the Directive. Of the Member States contravening the Directive, Spain, Greece, Italy and Portugal are still amending national transposai measures to conform to their obligations under the Directive, while problems subsist regarding German legislation. A case has been brought in the Court of Justice to have Germany's infringement confirmed (Case C-301/95). As was mentioned at 1. 3, the Court of Justice found that Belgium has incorrectly and incompletely transposed Directive 85/337/EEC. The Court criticized the absence of transboundary consultation procedures for the Brussels and Flanders regions and the incorrect transposai by Flanders of Article 4 and Annex II. The Flemish region had excluded from transposai whole categories of projects covered by Annex II which must be subjected to assessment if the Member States consider that their characteristics so require (Article 4(2)). The Court upheld the Commission's view, pointing out that the Article in question dees not give Member States the power to exclude from assessment totally and definitively one or more classes of project covered by Annex II. Brussels-Capital has issued a regional decree to comply with the judgment. Impact assessment has shown itself to be a well-established practice in all Member States. Complaints and petitions are primarily based on the quality of impact assessments (especially on the lack of adequate assessment of the indirect effects of the project) and on the fact that not enough weight is given to recommendations arising from the evaluation of the impact assessment (particularly following public inquiries) in the final decision. This partly covers cases where work is started before the impact assessment has been completed, one of the other most common complaints. It is very difficult for Commission departments to investigate cases where the quality of impact assessments is questioned or it is contended that their findings are not properly acted upon Although the Directive contains Articles regarding the content of impact assessments (Article 3 refers to direct and indirect effects of projects on several factors, including human beings, flora, fauna, the soil, water, air, landscape and cultural heritage), given that the burden of proof in Article 169 proceedings rests with the Commission, it is not always easy to contest the merits of a choice taken by the national authorities who, if the principle of subsidiarity is taken into 97 account, would appear to be in a better position to take the decision in "any case. It is to be hoped that the rapid adoption of the Directive amending Directive 85/337/EEC and the interpretative role of the Court in this area (see Case C-72/95, spelling out the discretion enjoyed by the Member States in relation to projects unlikely to have a major environmental impact;104 the Court has been asked, incidentally, for new preliminary ruling105) will serve to clarify certain points concerning the correct application of this important Directive. 1. 7. Action needed In spite of the efforts of the Commission and the Member States, the problems of implementing environment law underlined in previous reports have not yet gone away. There are delays in notifying national implementing measures and national legislation is often not in conformity with the requirements of Community law. As for the effective application of Directives, the continued frequency of complaints and petitions offers evidence that the environment is'not yet adequately protected by national authorities (and courts). In tandem with this year's reform of internal rules to increase the transparency, speed and effectiveness of infringement procedures, the Commission will endeavour its communication on the implementation of Community law in environment matters and will come up with new initiatives to improve the application of these rules in the Member States. to stimulate debate by means of It is also planned to extend the range of activities to be carried out by the informal network IMPEL (Implementation and Enforcement of EU Environmental Law). In the the Commission's conclusions on the implementation of Community law in environment matters mentioned above, the network examined its role, which had been enlarged in relation to its traditional monitoring activities, at its June meeting. light of initiatives suggested by is looking the Commission into possibilities regarding Finally, the implementation of Community law in environment matters arising from a whole series of initiatives in which it is actively participating. In this context it is worth mentioning its reflections on the encouragement of action on environmental agreements by defining criteria which guarantee the transparency, credibility and reliability of the instruments. After examining the reports on environmental liability in the Member States, the Commission also intends to start a major inter-institutional debate together with the relevant social actors on this subject with the aim of harmonizing -existing solutions in the future. Judgment given on 24 October 1996, [19961 ECR. Case C-81/96. 98 2. SITUATION SECTOR BY SECTOR 2. 1. Air There are still transposai problems even though no new Directive has entered into force. Regarding Directives which should have been transposed in 1994 and 1995, several Member States have failed to notify the national measures implementmg the Directives 93/12/EEC relating to the sulphur content of certain liquid fuels, 94/63/EC on the control of volatile organic compound emissions and 94/66/EC relating to large combustion plants. Moreover, the Commission also referred Greece (Case C-331/96) and Italy (Case C- 286/96) to the Court of Justice for failure to notify transposai measures regarding Directive 92/72/EEC on air pollution by ozone; the failure to transpose this Directive deprives Union citizens of the right to be kept informed of incidents of air pollution by ozone and consequently denies them the possibility of protecting themselves better. On the subject of older Directives, the Court of Justice found against Italy in Case C-237/95 for failing to notify measures transposing Directives 89/369/EEC and 89/429/EEC on the prevention of air pollution from municipal waste incineration plants. Italy has not yet complied with the judgment of the Court. 106 Notwithstanding the efforts made by Austria and Finland, there are delays in the transposai of the acquis communautaire in this area, particularly regarding Directives 80/779/EEC and 82/884/EEC on pollution by sulphur dioxide and lead respectively. As for the conformity of national transposai measures, it should be pointed out that the problems of conformity of British legislation transposing Directive 85/203/EEC on air quality standards for nitrogen dioxide have been resolved successfully. The British authorities will produce a report on the increase in the number of sampling centres. v Concerning the application of Directives, the Commission is continuing to request information from Member States on the values measured every time a complaint is received, and to terminate action on a complaint wherever it has ascertained that the values laid down in the Directives are not being exceeded. In Greece, in an attempt to improve air quality in Athens, the Commission has decided to monitor air quality with the aid of the Research Centre at Ispra and the municipal corporation of Athens. Given on 20 June 1996. 99 2. 2. Chemicals Serious delays in transposai of the Directives in this field and problems regarding the conformity of national texts are still being caused by the scientific complexity, the need for constant adaptation to technical progress (dangerous substances) and the pioneering legal work undertaken on certain questions (biotechnology). So, whereas Greece has complied with the judgment of the Court of in Case C-l70/94107 and has notified national measures Justice implementing Directives 90/219/EEC and 90/220/EEC concerning genetically modified organisms (and also Directives 94/15/EC and 94/51/EC adapting them to technical progress), other States are still having difficulties. Luxembourg has not notified national measures implementing Directives 90/219/EEC and 90/220/EEC, as the Court of Justice confirmed in Case C-312/95,108 Belgium has only done so partly and" problems of conformity subsist in Germany, France and Portugal. Furthermore, several Member States have not notified national measures implementing Directives 94/15/EC and 94/51/EC. the Directives relating As for the classification, packaging and labelling of dangerous substances, especially those adapting it to technical progress, Italy and Belgium are having particular difficulties: to Directive 67/548/EEC on the Court of Justice found against Italy for failing to transpose Directive 93/67/EEC laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC. 109 Legal action has also been taken against Italy (Case C-286/96) for failure to technical transpose Directive 91/410/EEC (14th adaptation to progress); the Court of Justice found against Belgium for failure to transpose Directives 92/35/EEC, 92/69/EEC, 93/67/EEC and 93/105/EEC. 110 Other cases (C-313/96, C-356/96 and C-358/96) are also in motion for Belgium's transpose Directives 93/21/EEC, failure 91/140/EEC and 93/90/EEC respectively. to The situation has, however, greatly improved in Portugal, where several directives, notably Directives 91/410/EEC, 92/32/EEC, 92/69/EEC, 93/67/EEC and 93/105/EEC, which were the basis for infringement proceedings,111 have now been transposed. Judgment of 29 June 1995. Judgment given on 17 October 1996. Case C-238/95; judgment given on 14 March. Belgium: Cases C-218/96 and C-220/96 to 222/96; Portugal: Cases C-165/96 to 169/96. Cases C-165/96 to C-l69/96. 100 The majority of complaints received in this field were about problems arising from the incorrect application of Directive 86/609/EEC concerning laboratory animals, particularly regarding the use of stray dogs for experiments and on the welfare and accommodation afforded to animals which were to be used for the purposes of experiments. As part of its investigation of these complaints - a matter of great public interest - the Commission makes use of its contacts with the national authorities to ensure that the Directive is properly observed. 2. 3. Water The scale and complexity of the obligations imposed by traditional Community policy on improving water quality, which focuses on the determination of quality objectives, the establishment of clean-up and prior authorization programmes, together with assessment reports, entail a major administrative effort for the Member States, some of which are in serious difficulties with regard to the proper application of Community Directives. Directive 76/464/EEC (dangerous substances discharged into the aquatic environment) is a good illustration. The Commission is looking into the infringement proceedings against several possibility of commencing Member States for failure to notify programmes for the reduction of water pollution by dangerous substances on List II in the Annex to the Directive. In this context Luxembourg, Spain and Italy have recently been referred to the Court of Justice (Cases C-206/96, C-214/96 and C-285/96). its on the judgment in Case C-l68/95 In of Directives 83/513/EEC concerning cadmium discharges and 76/464/EEC relating to dangerous substances the Court of Justice confirmed, among other things, that a public authority cannot invoke Article 3 of Directive 76/464/EEC (the requirement of prior authorization for the discharge of dangerous substances) against an individual if the two Directives have not been transposed. 119" interpretation Regarding the disposal of hazardous substances, the Court of Justice gave judgment against Germany113 for transposai of Directives 82/176/EEC (mercury), 83/513/EEC (cadmium), 84/456/EEC (mercury), (various 84/491/EEC substances). (hexachlorocyclohexane) 86/280/EEC incorrect and The application of Directive 76/160/EEC concerning the quality of bathing water is causing many Member States problems. Finland has yet to notify national measures implementing the Directive, while an action was brought against Spain for the same reason (Case C-92/96). On a more positive note, the United Kingdom has completed its infrastructure work to improve the quality of bathing water at Blackpool and Southport, in compliance with the judgment given by the Court of Justice in Case C-56/90. 114 Judgment of 26 September 1996. Case C-262/95. judgment given on 7 November 1996. On 14 July 1993. 101 Several Member States have not yet notified national measures implementing Directive 91/676/EEC on nitrates. Most of the Member States are having difficulty transposing certain articles, failing to designate vulnerable zones and draw up appropriate action programmes, failing to establish codes of good agricultural practice and set up monitoring programmes and failing to provide the Commission with the report required by Article 10. The Commission is closely monitoring these application problems and is looking into the possibility of commencing infringement proceedings in appropriate cases. Complaints raising problems of the quality of drinking water have also been received at the Commission. The Commission endeavours to ensure that Community standards are observed, a task often made more difficult by the methods adopted by some Member States to check water quality. Thus, for example, the United Kingdom authorities operate a system whereby the privatized water companies are required to give undertakings, and it is not easy to check whether standards are being observed. The Commission accordingly commenced an action against the United Kingdom115 for incorrect application of Directive 80/778/EEC (water for human consumption). Many complaints allege a lack of adequate technical infrastructure. One of the options available to the Commission for solving these problems is the financing of projects by means of the Structural Funds and the Cohesion Fund. Regarding the quality of freshwater (Directive 78/659/EEC) and shellfish the Court of Justice found against waters (Directive 79/923/EEC), two Germany for Directives. 116 transpose certain provisions of failure the to Lastly, with regard to urban waste water it is noteworthy that the Court of Justice in Case C-297/95 and Italy in Case C-302/95 for failing to transpose Directive 91/271/EEC. 118 in Case C-161/95,117 Germany ruled against Greece 2. 4. Noise There are no special problems with the application of the noise Directives. Some delays are still occurring in the notification of implementation measures, particularly in connection with Directive 95/27/EC, amending Directive 86/662/EEC, on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator- loaders, which certain Member States have still not transposed. The Commission has commenced these States. infringement proceedings against 115 116 117 118 Case C-340/96. Case C-298/95. judgment given on 12 December 1996. Judgment given on 28 March 1996. Judgments given on 12 December 1996. 102 Elsewhere, no particular difficulties are being encountered in applying the Directives. As was stated in previous years' reports, these Directives set limits for newly marketed products. They do not apply to ambient noise from multiple sources (for example, noise in cities caused by traffic jams or industrial activity near residential areas). However, the very few complaints received by the Commission in fact concern ambient noise but since there is no overall Community policy regarding health and the quality of life, they cannot be addressed at Community level. 2. 5. Waste to the the articles general transpose Several Member States have not yet notified the national measures waste implementing amending Directive 75/442/EEC contained in Directive 91/156/EEC. As a consequence, Court action has been taken against Spain and France for the Directive (Cases C-l07/96 et C-223/96 failure respectively). The Court of Justice found against Greece for the same reason (Case C-160/95119), and Greece has complied with the judgment, notifying the Commission of national implementing measures. Ireland has notified the Commission of the passing of the Waste Management Act which partially transposes several Directives in this sector, including the general waste Directive. Problems of conformity subsist (notably in Italy), mostly relating to the application of this Directive. An enormous number of complaints have been received about such problems as the proliferation of uncontrolled dumps and illegal tipping, water pollution by directly discharged waste and the siting of planned controlled tips. These complaints illustrate the lack of the necessary technical infrastructure and waste management planning in the Member States. There is one positive note in this field, however, namely that Portugal has produced an urban waste management plan. The importance of the general waste Directive is underlined by the number of cases referred to the Court of Justice for a preliminary ruling concerning the interpretation of articles in it: Cases C-l29/96 (interpretation of Article 1(a)), C-l92/96 (concept of storage for the purposes of one of the operations in Annex IIB) and C-203/96 (principles of self sufficiency and proximity). 120 In a further case the Court of Justice confirmed that Member States could provide for criminal penalties to enforce that the Articles of the general waste Directive were properly observed. 121 120 121 Judgment given on 28 March 1996. In the latter two Cases, and in Case C-l93/96, the preliminary ruling also concerns the Articles in Regulation (EEC) No 259/93 regarding the supervision and control of shipments of waste within, into and out of the European Community. Judgment of 12 September 1996 in the joined Cases C-58. 75, 112, 119, 123, 135, 140, 141, 154 and 157/95. 103 The Commission has commenced infringement proceedings against Greece, Spain, Italy and Luxembourg for failure to notify measures transposing Directive 91/689/EEC concerning hazardous waste, against France and Portugal for only having partially done so and against the United Kingdom for restricting the field of application and failing to transpose the Directive in Northern Ireland. Delays in notifying measures for the transposai of Directives 91/157/EEC and 93/86/EEC on batteries and accumulators persist in some Member States. The Commission has taken Germany and France to Court for failure to notify national measures implementing the two Directives122 and Italy for the second of them,123 while in Cases C-303/95124 and C-219/96125 the Court of Justice found against Italy and Belgium respectively, the former for failure to transpose Directive 91/157/EEC and the latter for failure to transpose Directive 93/86/EEC. The Commission has also commenced infringement proceedings against Member States' which have not yet set up programmes under Article 6 of Directive 91/157/EEC. Directive 94/62/EC on packaging and packaging waste, due to be transposed by 30 June 1996, contains an innovatory Article regarding the transposai of Directives. Article 16 requires Member States to notify drafts of measures they intend to adopt so that the Commission can examine them. By formalizing the dialogue between the Commission and the Member States on the adoption of measures implementing Directives in this way, the Article helps resolve any problems of conformity and subsequent application. Generally speaking, the Member States have complied with the Article, although the majority did not observe the deadline for the transposai of the Directive. The Commission has initiated infringement proceedings against those States which have failed to meet their obligations (see Annex IV). Lastly, Directive 96/5 9/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) has been adopted, taking account of technical progress and replacing Directive 76/403/EEC. 2. 6. Nature As was stated in previous years' reports, nature protection activities centre around the implementation of Directives 79/409/EEC (the conservation of wild birds) and 92/43/EEC (the conservation of natural habitats and of wild flora and fauna). The Commission's main preoccupation in this field is still the protection of habitats. 122 123 124 125 Cases C-236/96 (Germany) and C-282/96 and 283/96 (France). Case C-286/96. Judgment given on 11 July 1996. Judgment given on 12 December 1996. 104 As far as national implementing measures are concerned, several Member States have not notified implementing measures for the Articles of Directive 92/43/EC. Some Member States (Germany, Greece, Italy and Portugal) have given no notification at all, in spite of the fact that the deadline for transposai was June 1994. The Commission has accordingly commenced infringement proceedings against Greece126 and is pursuing the other cases in this context. Further proceedings were commenced against Greece for failure to notify measures implementing Directive 91/224/EEC amending Directive 79/409/EEC (wild birds). 127 With regard to the application of Community Directives, the Commission's main objective is to ensure the establishment of Natura 2000, the European ecological network of sites set up in accordance with Directives 79/409/EEC or Directive 92/43/EEC. Certain Member States, notably Ireland and the United Kingdom, have mace significant progress in designating sites in accordance with Directive 79/40 J/EEC. This a been a major contributory factor in the increase of the total number of designated Community sites. However, in certain other Member States (Germany, Greece and the Netherlands) there has been little if any progress. The Commission has commenced an action against the Netherlands for failing to designate sufficient special protection areas (Case C-3/96). As for the sites to be designated under Directive 92/43/EEC, progress is very patchy. Although under the Directive the deadline expired in June 1995, most Member States still have to notify a complete list of sites they wish to protect. Concerned to rectify this situation, the Commission is continuing the infringement proceedings brought against the Member States in question. Furthermore, it is operating a stricter policy regarding Community funding for the conservation of sites under the LIFE Regulation on integrated sites and sites to be integrated into the Natura 2000 network. With the aim of increasing the availability of information and attracting the attention of the actors involved in the creation of Natura 2000, particularly business and other interest groups, the Commission launched the Natura 2000 newsletter which'deals with the key issues and major events in this field. It has also prepared some technical support documents to assist the national authorities responsible for the network. Case C-329/96. Case C-330/96. 105 their The Court of Justice gave an important preliminary ruling on a question raised by the House of Lords (Case C-44/95). 128 On the fundamental question of the Member States' discretion in the selection of sites and in defining under Directive 79/409/EEC, the Court, upholding the Commission's arguments, the basis of held that the choice of sites must be made strictly on ornithological criteria and must not be influenced by socio-economic considerations (which can subsequently be taken into account under Article 6 of Directive 92/43/EEC which covers the protection of sites). powers with designation regard to 2. 7. Radiation protection transposai of Council Directives 80/83 6/Euratom The infringement proceedings against Luxembourg and the Netherlands for incorrect and 84/467/Euratom concerning basic safety standards for ionizing radiation are still in motion. As the latest amending legislation is not' sufficient to transpose them fully, the Commission has sent Luxembourg a further reasoned opinion. Infringement proceedings are still in motion against Belgium, Spain, Ireland, Italy and Portugal for failure to transpose correctly Council Directive 84/466/Euratom concerning the protection of patients. The Commission also commenced actions in the Court of Justice against Spain (Case C-21/96) and Portugal (Case C-276/96) as the two Member States have stated that they are highly unlikely to complete the full transposai of the Directive in the near future. Italy has been sent a reasoned opinion under Article 143 of the Euratom Treaty (equivalent to Article 171 of the EU Treaty) for failure to transpose some of the Articles in the Directive. Luxembourg - against which the Commission had commenced an action in the Court of Justice129 - has enacted national measures implementing Directive 89/618/Euratom (information for the general public in the event of a radiological emergency). Germany has not yet completed the transposai of the Directive. The national measures implementing the Directive notified by France, Spain, Finland and Sweden are currently under scrutiny at the Commission. for to notify national measures failure Infringement proceedings implementing Directive 90/641 /Euratom are still in motion against Belgium, Greece, Spain and Portugal. The Commission has also sent a reasoned opinion to France as part of the infringement proceeding, as there are problems of conformity regarding the national transposai measures and the Directive. 128 129 Judgment given on 11 July 1996. Case C-46/95. 106 Council Directive 92/3/Euratom (transfrontier shipments of radioactive waste) has not been transposed in five Member States (Austria, Belgium, Germany, Greece and Sweden), but all of them, with the exception of Sweden, have notified the Commission of draft transposai measures. 2. 8. Progress in implementing Directives applicable to the environment MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 136 136 138 141 140 136 136 136 136 136 132 140 134 134 136 Directives for which measures have been notified 117 133 132 128 131 126 130 116 131 133 124 ' 131 115 127 128 % 86 98 96 91 94 93 96 85 96 98 94 94 86130 95 9 41 31 Note : This table concerns the following directives: General matters 85/337, 90/313, 90/656, 90/660, 93/80. Waste 75/439, 75/442, 76/403, 78/319, 84/631, 85/339, 85/469, 86/121, 86/278, 86/279, 87/101, 87/112, 91/156, 91/157, 91/689, 93/86, 94/62, 94/67. Water 75/440, 76/160, 76/464, 78/176, 78/659, 79/869, 79/923, 80/68, 80/778, 81/855, 81/858, 82/176, 82/883, 83/29, 83/513, 84/156, 84/491, 86/280, 88/347, 90/415, 91/271, 91/676, 92/112. 75/716, 80/779, 81/857, 82/884, 84/360, 85/203, 85/210, 85/580, 85/581, 87/219, 87/416, 88/609, 89/369, 89/427, 89/429, 92/72, 93/12, 94/63, 94/66. The notification rate for Finland is actually much higher than this if the problems of transposing directives in the Aland Islands are disregarded. They have considerable autonomy in these matters and are consequently required to take specific transposai measures. The notification rate for the United Kingdom disregards the situation for implementation of directives in Gibraltar, which is subject to special monitoring. 107 Noise 79/113, 80/51, 81/1051, 83/206, 84/533, 84/534, 84/535, 84/536, 84/537, 84/538, 85/405, 85/406, 85/407, 85/408, 85/409, 86/594, 86/662, 87/252, 88/180, 88/181, 89/514, 89/629, 92/14, 95/27. Nature 79/409, 81/854, 83/129, 85/411, 85/444, 86/122, 89/370, 91/244, 92/43, 94/24. Chemicals 67/548, 69/81, 70/189, 73/146, 75/409, 76/907, 79/370, 79/831, 80/1189, 81/957, 82/232, 82/501, 83/467, 84/449, 86/431, 86/609, 87/18, 87/216, 87/217,87/432, 88/302, 88/490, 88/610, 90/219, 90/220, 90/517, 91/325, 91/326, 91/410, 91/632, 92/32, 92/37, 92/69, 93/21, 93/67, 93/72, 93/90, 93/101, 93/105, 94/15, 94/51, 94/69. Radiation protection 80/836, 84/466, 84/467, 89/618, 90/641, 92/3. 108 TRANSPORT 1. INTRODUCTION The trend for the majority of Member States to adopt national implementing measures only after the deadline laid down in the Directive has passed is In most cases, the Commission is not notified of implementing continuing. measures until it has begun infringement proceedings. Consequently, a large number of proceedings have been or are about to be initiated in connection with the five Directives which entered into force this year. Results as regards surface transport were mixed; the situation in the railway sector gives particular cause for concern. The sea transport sector is still rather worrying, since the transposai of Directives on safety at sea has not been completed and there are still problems regarding compliance with Community legislation on flag rights and cargo-sharing. In the field of air transport, the Commission is continuing its efforts to ensure the proper application of Directive 91/670/EEC (mutual acceptance of personnel licences for the exercise of functions in civil aviation). The Commission is continuing to receive complaints which indicate that difficulties arising from the restrictive interpretation of the Directive by national authorities are continuing. 2. SITUATION SECTOR BY SECTOR 2. 1. Road transport rate of transposai of the Directive on driving The licences (Directive 91/439/EEC), scheduled for 1 July 1994, is disappointing. Although all Member States, with the exception of Belgium which has been sent an Article 169 letter, have entered into the consultations with the Commission referred to in the Directive, the transposai procedure has still not been completed in several Member States. However, mutual recognition, eliminating the obligation to exchange licences on changing State of residence, has been transposed in all Member States, although one or two practical problems are still being encountered here and there. On the taxation front, notification of national measures transposing Directive 93/89/EEC, on the application by Member States of taxes on certain vehicles used for the carriage of goods by road and tolls and charges for the use of certain infrastructures, has improved and the infringement proceedings initiated against Belgium, Greece, Ireland, Luxembourg, Portugal and Spain have been terminated. The proceedings initiated against France are continuing, however. Instances of misapplication of this Directive are also starting to appear and the Commission has decided to send a reasoned opinion to Austria concerning the increase in the toll for the Brenner motorway. It should not be forgotten that, although this Directive was annulled by the Court of Justice 109 in 1995, its effects will continue until the Council adopts new provisions. Discussions are continuing within the Council. On roadworthiness testing, Ireland is still the only Member State not to have notified national measures implementing Directive 91/328/EEC. Although Ireland had a derogation for the application of the Directive until 1 January 1998, this does not entitle it to delay the adoption of the implementing measures. A reasoned opinion has accordingly been sent. (standard it was possible to In a number of other areas, the overall picture is also satisfactory. In the social field, Italy has at last implemented the Court of Justice judgment in Case C-289/93,132 and Directive 88/599/EEC checking procedures for the implementation of social legislation) has now been transposed in all Member States. On the question of safety and technical infringement standards, proceedings, and transposai of Directives 91/671/EEC (compulsory use of safety belts), 92/6/EEC (speed limitation devices) and 92/54/EEC (braking standards) has been completed in all Member States following the termination of the proceedings for failure to notify initiated against Belgium (Directive 91/671), Portugal (Directive 92/6/EEC) and Italy (Directive 92/54/EEC). The last proceeding for failure to notify measures transposing the Directive on admission to the occupation of road haulage operator (89/43 8/EEC) has also been terminated now that Luxembourg has notified its national implementing measures. terminate quite a few As for the transposai of Directives by the three new Member States, only two proceedings are now running against Austria for incorrect transposai of Directives 84/647/EEC and 90/398/EEC (vehicles hired without drivers). 2. 2. Combined transport Against the present background of traffic congestion and environmental and road safety concerns, the Commission deplores that infringement proceedings are still running against Belgium for failure to notify measures transposing Directive 92/106/EEC. The removal of all quantitative restrictions and the abolition of a variety of administrative constraints, which are aims of the Directive, would pave the way for more rapid development of combined transport. the fact 2. 3. Inland waterways the transposai of Directive 87/540/EEC Although the occupation of carrier of goods by waterway) is still creating problems in Germany, the German authorities have nevertheless submitted to the Commission for its opinion a text intended to replace the national provision in dispute. The proceedings against Belgium have been terminated. (access to l j: Judgment given on 23 February 1994 110 An Article 169 letter was sent to Austria for failing to notify measures to transpose Directive 91/672/EEC (certificates for the carriage of goods and passengers by inland waterway). 2. 4. Rail transport Significant problems remain as regards transposai of Directive 91/440/EEC on the development of the Community's railways, the aim of which is to integrate the railway system into a competitive market and make railway transport efficient and competitive compared with other modes of transport. to for infrastructure Although the proceedings initiated against Greece for failure to notify national implementing measures have now been terminated, problems persist in several Member States with regard to transposai of Article 10 (rights of access the Community). This situation is worrying, since transposai of this article, which is intended to gradually open up access to the rail networks for competition, is of particular importance for the future development of the Community's railway policy. Failure to transpose it could compromise Directives 95/18/EC (on the licensing of railway undertakings) and 9 5/19/EC (on the allocation of railway infrastructure capacity and the charging of infrastructure fees), for which the final dates for transposai fall in June 1997. railway companies in 2. 5. Sea transport The Commission's efforts in this sector concentrated in particular on improving safety and preventing pollution of the seas. The infringement proceedings begun in 1995 to secure the correct application of Directive 93/75/EC continued and were also accompanied by initiatives to ensure that the three new Directives (94/57/EC, 94/58/EC and 95/21/EC) were transposed on schedule. Transposai of Directive 94/57/EC (common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations) has not been completed in most Member States and reasoned opinions for failure to notify measures transposing the Directive have been sent to the United Kingdom, Belgium, Greece, Ireland, Infringement proceedings have also been Italy and the Netherlands. initiated against Austria, Finland and Sweden. for Reasoned opinions transposing Directive 94/58 (the minimum level of training of seafarers) were sent to Ireland, Italy, the Netherlands and Portugal. An Article 169 letter was also sent to Austria. to notify measures failure I ll States seven Member notified measures transposing Only Directive 95/21/EC (enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions). Only seven Member States have notified transposai measures. Article 169 letters have been sent to Belgium, Greece, Ireland, Italy, the Netherlands, Portugal, Spain and Finland. There are also transposai delays in the field of transport of dangerous goods. The transposai of Directive 93/75 (vessels carrying dangerous or polluting goods) is still incomplete. While the proceedings initiated against Belgium, France, Ireland, the Netherlands, Portugal and the United Kingdom were terminated, the Commission has not been notified of national measures transposing the Directive by Spain, Denmark and Italy and projblems of conformity have arisen in six other Member States. Problems also remain as regards compliance with Community legislation on the registration of vessels and the granting of flag rights. The proceedings against Belgium, Denmark, Italy and the Netherlands for failure to abolish discriminatory conditions for the granting of flag rights are therefore continuing. Cases against Ireland and Greece were referred to the Court of Justice. The case against France, however, in which the Court gave judgment on the conditions for granting vessels the right to fly the French flag on 7 March (Case C-334/94),133 was the new French terminated as legislation1-'4 no longer includes the French nationality requirement condemned by the Court. But the other aspects of the case are still under scrutiny. The new French Act also amended the legislation which reserved the carriage of coal for vessels flying the French flag, thus enabling the infringement proceedings in this area to be terminated too. The situation regarding cargo-sharing agreements between Member States and non-member countries has not improved and the principle of freedom to provide services guaranteed by Regulation (EEC) No 4055/86 is being flouted in this sector. Infringement proceedings are continuing against Spain (agreements with Gabon and Tunisia), Belgium (agreements with Malaysia, Zaire and Togo), Luxembourg (agreement with Malaysia) and Italy (agreement with Morocco). The Commission is also maintaining its vigilance to ensure that the agreements between Member States and the countries of West and Central Africa (MCWCS) are adapted. It has decided to send reasoned opinions to five Member States. 133 134 Judgment given on 7 March 1997. Act 96-151. 112 2. 6. Air transport of of conformity national measures Problems transposing Directive 91/670/EEC (mutual acceptance of personnel licences in civil aviation) have not been settled and the Commission is continuing to receive fresh complaints. These complaints have prompted new infringement proceedings. Reasoned opinions were also sent to Spain and France for refusing to accept pilot's licences issued by another Member State, and the Commission subsequently decided to refer these two Member States to the Court of Justice. Reasoned opinions were sent to Belgium, Spain, France and Italy for failure to give notification of national measures transposing Directive 93/65/EEC (definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems). Infringement proceedings have also begun against Austria, whereas those against Portugal and Greece have been terminated. Proper application of this Directive is of major importance for the harmonization of the Member States' air traffic control systems and for the smooth operation of public procurement in this sector. The opening of these infringement proceedings has concentrated the minds of most Member States involved, which are preparing measures for the transposai of the Directive. The final date for transposing Directive 94/56/EC (establishing the fundamental principles governing the investigation of civil aviation accidents and incidents) was 21 November 1996. Only two Member States had notified measures transposing the Directive by that date. The increase in air traffic could lead to a corresponding increase in accidents if nothing is done to improve standards of safety in this sector. It is therefore vital for a detailed enquiry to be carried out into all accidents or serious incidents, in accordance with the obligation now imposed by the Directive, to prevent a recurrence. The infringement proceedings which had been initiated against several Member States in connection with the conclusion of bilateral "open skies" agreements with the United States have been suspended following the Council's mandate to the Commission to enter into preliminary negotiations with the United States. 2. 7. Summertime Directive 94/21 on summertime arrangements has been transposed in all Member States and all infringement proceedings have been terminated. 113 2. 8. Progress in implementing directives applicable to transport MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1996 44 44 44 44 44 44. 44 44 44 44 44 44 44 44 44 Directives for which measures have been notified 38 43 42 41 40 41 39 37 42 41 36 41 39 41 41 % 86,5 98 95,5 93 91 93 89 84 95,5 93 82 93 89 93 93 Note: this table concerns the following Directives : 62/2005, 74/561,* 74/562,* 76/135, 76/914, 77/143, 77/796, 79/115, 80/1266, 82/714, 84/647, 85/003, 86/360, 86/364, 87/540, 88/218, 88/449, 88/599, 89/338, 89/438,* 89/459, 89/461, 89/684, 90/398, 91/060, 91/328, 91/439, 91/440, 91/670, 91/671, 91/672, 92/006, 92/007, 92/054, 92/055, 92/106, 93/065, 93/075, 93/089, 94/21, 94/56, 94/57, 94/58, 95/21. As consolidated on 29 April 1996 by Directive No 92/26/EC (Official Journal L 124,23. 5. 1996). 14 ENERGY 1. INTRODUCTION In parallel with work on legislation to open up the markets for gas and electricity, the proceedings in the Court of Justice for the monopoly on imports and exports of gas and electricity in five Member States continue to follow their course. On 7 May 1996, the Court held a public hearing for the five cases in question and is expected to give judgment soon. At 87%, the rate of transposai of directives is slightly down on the rate for 1995 (88. 5%), as there have been several delays in the transposai of recent directives. 2. SITUATION SECTOR BY SECTOR 2. 1 Transparency of prices Spain has notified measures implementing Directive 90/377/EEC on transparency of prices of gas and electricity. All the Member States have now completed the transposai procedure. 2. 2 Internal market for electricity and natural gas Notification of measures implementing Directive 91/296/EEC on the transit of gas have been received from all the Member States. The last Member State to complete the transposai process was Portugal. The actions brought before the Court regarding exclusive gas and electricity import rights in Spain, France, Italy and the Netherlands are still in motion. After Court of Justice's public hearings, the Commission decided not to continue with the procedure in Case C-l56/94 against Ireland. 2. 3 Energy efficiency Notification of measures implementing Directive 92/42/EEC on efficiency requirements for new hot-water boilers has been received from Portugal and Luxembourg. Only three Member States (Belgium, Italy and Austria) have still not issued implementing measures. A new directive in this field was adopted in September (Directive 96/57/EC135). It concerns the energy efficiency requirements for household electric refrigerators, freezers and combinations thereof. As the infringement proceedings regarding Directive 92/75/EEC on the indication of the consumption of energy have been terminated, the Member States are now accused only of failing to notify measures transposing the directives implementing it. 1 35 OJ No L 296, 18. 9. 1996 115 Belgium, Germany and Italy have still not transposed Directive 94/2/EC on energy labelling of household electrical refrigerators, freezers and their combinations; Austria, Belgium, Germany, Greece, France, Ireland, Italy and the Netherlands have not yet transposed Directive 95/12/EC on household washing machines; and Belgium, Germany, Greece, Ireland, Italy, the Netherlands and Austria have still to transpose Directive 95/13/EC on household electric tumble driers. Directive 93/76/EEC on limiting carbon dioxide emissions by improving energy efficiency (Save) has been transposed by Denmark, France, the Netherlands and the United Kingdom. 2. 4 Oil and gas Three Member States (Belgium, Ireland and Italy) have still to notify national implementing measures for Directive 94/22/EC on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons. The Directive is not applicable in Luxembourg. 116 2. 5 Progress in implementing directives applicable to energy MEMBER STATE Directives applicable on 31. 12. 1996 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ÏTALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 19 19 20 19 19 19 19 19 18 19 19 19 17 19 19 13 19 16 16 18 18 15 13 17 17 15 18 15 16 19 % 68 100 80 84 95 • 95 79 68 94 89 79 95 88 84 100 Note: this table concerns Directives 68/414, 72/425, 73/238, 75/339, 75/405, 76/491, 78/170, 82/885, 85/536, 87/441, 90/377, 90/547, 90/653 (applicable exclusively in Germany), 91/296, 92/42, 93/76, 94/2, 94/22 (not applicable in Luxembourg), 95/12, 95/13. Directives 91/296/EEC and 94/22/EC are not relevant to Finland, subject to verification by the Commission. 117 STRUCTURAL FUNDS AND COMMUNITY LAW The Structural Funds Regulations lay down the principle that projects enjoying Community financial support must be in conformity with Community law (Article 7 of Regulation (EEC) No 2052/88). The impact of the principle is that wherever it is established that Community law is violated the support given from the Structural Funds may be suspended, reduced or withdrawn (Article 24 of Regulation (EEC) No 4253/88 on the Structural Funds and Annex II Article H of Regulation (EEC) No 1164/94 on the Cohesion Fund). Measures financed by the Funds are managed in partnership, which means that the primary responsibility for monitoring compliance with Community law lies with the national authorities. The Commission, however, retains its enforcement powers under Article 169 of the Treaty and Article 24 of Regulation (EEC) No 4243/88. The Community case-law confirms that the infringement procedure and the procedure of Article 24 of Regulation (EEC) No 4253/88 are quite distinct (Case T-461/93),136 which means that the commencement of infringement proceedings does not automatically trigger the procedure of Article 24 of Regulation (EEC) No 4253/88 (and vice versa). But the absence of an automatic political or legal link between the two procedures (commencement of infringement proceedings and withdrawal of support) does not mean that there is no coherence between them. In practise, once the Article 169 letter has been transmitted in an infringement case, the question whether assistance should be suspended may be considered and, when the reasoned opinion has been issued, the question whether to commence the procedure for reduction or withdrawal in accordance with the provisions implementing Article 24 may arise. Likewise, where Article 169 infringement proceedings are terminated, the Commission does not lose its right to recover the Community contribution. The basic principle is that the effectiveness of the cohesion policy depends heavily on compliance with Community law and policies. But before taking a decision to reduce or withdraw Community assistance, the Commission assesses the gravity of the infringement on a case-by-case basis. This means that serious infringements will not be allowed to remain with no impact on Community cofinancing and that minor infringements will not be allowed to have a disproportionate impact on the development of regions that are lagging behind or in decline. Infringements connected with operations cofinanced by the ERDF and the Cohesion Funds most commonly relate to compliance, with environment directives and the Community rules on public procurement. Complaints typically allege infringement of Directive 85/337/EEC (environmental impact assessment). The cases involving Community cofinancing account for only a small proportion of the suspected or established infringements of environment and public procurement rules (4. 3% of cases for the environment and 3. 4% for public procurement). Judgment given on 23 September 1994 118 These figures are given for guidance; they are merely one clue among others as "to "the scale of the problem. Some infringement cases do not come to the Commission's notice, and in others it is difficult to establish a direct link between the infringement and the existence of Community cofinancing, as Structural Funds cofinancing is generally managed on an aggregate basis under operational programmes and project selection is primarily in the hands of the Member States. There is also the further problem of a more general infringement (as where a directive is incorrectly transposed) with indirect implications for projects cofinanced by the Funds. According to available data, the breakdown of proceedings commenced for suspected or established infringements in relation to cofinanced projects is as follows: Germany Greece Spain France Ireland Italy Portugal United Kingdom 1 5 8 4 3 1 6 1 (environment) (environment) (environment) (environment: 3; public procurement: 1) (environment) (public procurement) (environment: 2; public procurement: 4) (environment) The frequency of established infringements in relation to cofinanced projects would appear to correlate with the scale of the assistance given and the volume of Community cofinancing rather than the specific practices of this or that Member State. Road works and water treatment facilities are the most common types of project. Even though the number of infringement cases does not appear very high in comparison with the sometimes very high volume of Community cofinancing, the fact remains that protection of the Community's financial interests is indispensable. Lastly, it should be remembered that monitoring the application of Community law in connection with Structural and Cohesion Funds financial assistance requires not only that action be taken against infringements but above all that preventive action be taken as a matter of course. This is first and foremost a task for the national authorities, which must take all such measures as are needed to ensure that Community law is observed wherever projects are cofinanced by the Community. 119 BUDGETARY MATTERS The Commission issued a reasoned opinion against Germany in order to have own resources (and interest for late payment) made available as regards agricultural levies not charged and paid over contrary to Regulations (EEC) Nos 2252/90 and 1552/89. 120 COMMUNITY STAFF The infringement proceedings initiated in this field concern the failure of the Member States to comply with the Protocol on Privileges and Immunities of the European Communities and to implement national provisions required for the correct application of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities. The infringement proceeding initiated against Spain in 1995 as a result of the national authorities' refusal to grant a residence permit to officials and other servants of the European Communities is continuing. On the basis of hiformation provided by offices and bodies employing officials and other servants of the European Communities, raising doubts as to the practical value of the residence permits issued since March 1995 by the Spanish authorities, the Commission has addressed a reasoned opinion to Spain. The nub of the matter is that these permits do not allow officials and other servants of the European Communities to furnish proof of the legality of their status while working in Spain. With regard to tl•_ transfer of pension rights (Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Communities), infringement proceedings against Spain, Greece and Belgium are under way. In the case of Spain, the matter is pending before the Court of Justice. The proceeding against Greece is at the reasoned opinion stage* The Commission is currently examining a reply from the Greek national authorities. Additional measures being devised by the Belgian national authorities should enable the infringement proceedings against them to be terminated shortly. 121 STATISTICAL MATTERS The Member States' obligations in statistical matters are mainly to supply figures at pre-determined intervals on specific questions. There are no major problems as regards either the application of statistical methods or compliance with deadlines. However, infringement proceedings commenced last year against the Spanish and French authorities for failure to submit monthly data on the quantities and average prices of landings of fishery products in the prescribed form (Regulation (EEC) No 1382/91) and annual catch statistics (Regulation(EEC) No 3880/91) are still in motion, and have now reached the reasoned opinion stage. 122 ANNEXES I. II. Suspected infringements Established infringements III. Infringements of treaties and regulations IV. Report on the application of directives V. Judgements of the Court of Justice not yet implemented VI. Application of Community law by national courts 124 132 140 166 438 460 123 ANNEX I SUSPECTED INFRINGEMENTS 1992 to 1996 Table 1. 1 Table 1. 2 Table 1. 3 Origin Suspected infringements classified by sector and Member state Action taken classified by year of registration 124 Table 1. 1. Suspected infringements Origin Year 1992 1993 1994 1995 1996 Complaints Parlementiary questions Petitions Cases detected by Commission Total 1185 1040 1145 955 819 45 30 5 30 O 22 (*) 33 23 6 4(*) 4(*) 282 247 277 297 257 1545 1340 1433 '1252 1076 (*) Since 1995, parliamentary questions and petitions have been included either in the number of cases detected by the Commission or in the number of complaints, as the case may be. Table 1. 2 SUSPECTED INFRINGEMENTS - Classified bv sector and Member State DGI External Relations DG II Economic and Financial Affairs DG III Internal Market and Industrial Affairs (up to 1992) Industry (1993) DG IV Competition B DK D EL E F IRL I L NL A P FIN s UK Total 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 2 0 0 0. 0 1 0 0 0 0 1 0 1 0 0 0 0 i 0 0 3 2 1 1 0 0 0 0 0 0 0 2 0 0 1 0 0 0 0 0 0 0 2 1 0 1992 20 14 74 44 39 71 1993 1994 1995 1996 1992 1993 1994 1995 1996 1 2 1 1 3 2 1 2 1 5 0 3 4 0 4 0 2 0 4 12 10 12 6 2 2 4 5 5 7 1 0 2 7 20 0 4 1 3 2 3 8 2 3 5 2 1 1 6 3 6 5 3 6 2 0 0 0 0 0 0 0 1 0 0 8 0 1 0 1 2 2 1 0 1 1 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 2 1 0 0 0 0 0 1 1 2 0 0 48 6 20 0 13 7 8 2 7 1 1 1 0 7 • 3 7 4 11 2 1 1 0 0 6 1 4 0 3 3 2 1 1 0 0 0 0 0 0 0 4 2 1 6 1 1 0 2 1 1 1 0 0 0 0 0 0 0 0 1 0 0 0 0 1 2 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 4 3 0 0 0 0 1 0 1 0 0 1 0 0 1 0 0 1 4 2 0 2 6 6 10 5 2 25 382 2 2 2 1 2 1 0 1 1 34 44 38 38 42 38 38 37 24 DGV Employment, Industrial Relations and Social Affairs DGVI Agriculture DGVII Transport DG IX Personnel and Administration DGX Audiovisual Media, Information, Communication and Culture B DK D EL E F' IRL£ I L NL A P FIN s UK Total 1992 1993 1994 1995 7 4 3 7 1996 10 1992 11 1993 4 1 4 0 2 3 6 3 4 3 3 2 3 4 4 4 1 0 5 3 2 1 2 4 11 -7 / 10 10 18 16 47 36 3 2 1 2 1 7 14 3 14 1 4 48 8 6 21 30 • 5 20 1 0 0 1 0 6 0 1 2 2 4 3 8 8 1994 38 12 29 12 38 67 13 23 3 41 1995 1996 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 7 10 16 11 2 0 2 1 8 5 0 0 0 2 0 1 0 0 3 0 3 1 0 1 3 4 0 1 0 0 0 1 1 0 0 0 25 3 2 0 16 4 0 0 0 0 0 1 0 0 0 0 9 3 3 2 5 5 0 1 0 0 0 1 1 0 1 o 3 6 4 4 14 35 16 3 13 18 9 5 1 0 0 0 0 1 1 0 5 6 1 1 0 0 0 1 1 0 0 1 5 1 1 0 0 3 2 0 0 0 0 0 1 0 0 28 27 5 3 2 9 3 0 0 0 0 0 1 0 1 0 1 2 2 2 1 1 5 1 0 0 0 0 0 1 0 0 0 0 13 6 2 1 0 1 4 0 0 0 0 0 1 0 0 0 o 0 o 0 o 0 0 0 1 0 0 0 0 5 6 0 0 0 2 2 0 0 0 0 0 0 0 0 1 0 2 0 1 3 0 7 7 9 5 7 1 4 3 6 4 0 0 0 0 0 1 0 0 0 o 0 0 0 1 0 0 0 0 0 3 0 0 0 2 1 0 0 0 0 0 0 0 0 1 1 0 0 0 1 1 0 0 0 5 3 0 0 0 4 2 0 0 0 0 0 0 0 0 1 o 8 8 24 7 3 54 44 61 44 40 37 247 8 120 32 14 7 0 1 6 4 6 0 0 0 0 0 1 0 3 1 o 317 159 123 25 34 48 82 54 2 3 0 2 0 12 4 4 8 3 B DK D EL E F IRL I L NL A P FIN S UK Total DGXI Environment, Nuclear Safety and Civil Protection DG XIII Telecommunications, Information Market and Exploitation of Research DGXIV Fisheries DGXV 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 1992 10 16 6 7 3 0 0 0 2 0 1 0 0 0 1 7 Financial Institutions and Company Law 1993 53 V 8 7 4 1 6 0 0 0 0 0 1 1 1 0 1 5 9 29 33 0 0 1 1 0 1 1 0 2 0 5 53 77 115 49 42 31 46 103 31 33 60 17 89 43 38 63 23 21 2 2 4 9 6 4 0 28 0 21 0 16 15 66 36 21 12 6 11 4 11 5 0 1 0 0 0 1 0 1 1 0 2 49 25 13 27 0 1 0 1 0 5 0 2 1 1 3 0 0 0 0 0 2 2 3 1 1 6 0 0 0 0 0 2 0 1 0 0 1 0 1 0 0 3 2 1 0 0 0 5 3 0 0 0 0 1 0 0 0 0 0 2 7 10 0 1 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 1 0 9 0 3 0 2 0 0 0 0 0 0 0 15 86 58 34 99 6 108 6 25 (up to 1992) 1994 33 11 76 44 40 95 7 106 7 32 0 19 0 0 0 8 3 0 0 0 0 1 0 0 0 0 2 0 0 0 0 0 4 3 0 0 0 0 0 0 0 0 0 1 0 0 0 Internal Market and Financial Services (1993) 1995 36 13 DGXVI Regional Policies 1996 31 1992 1993 1994 1995 1996 0 0 0 0 0 9 0 0 0 0 0 84 65 39 23 56 26 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 91 11 65 7 26 21 22 9 30 76 10 53 9 13 25 13 12 33 103 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 131 587 64 57 34 11 383 359 265 207 0 0 0 0 0 2 1 1 0 0 3 42 23 2 0 7 1 7 5 17 7 9 5 7 42 541 493 512 501 1 0 0 1 0 CO "5 h- CO a: LU UJ Q CO co CO co CO s CM 00 I CO CN CM CD CD CO CM CO CN CN CD o o o51 o>] 001 CN] ol CN| o o o CN CO CO CN CO CN CN in CN CO CN CO CO CN CN a>\ CN CO CO CM CO m CN CO CO CM CO CO oo in m co CD co CO CN O "Ô "o o " CM CM o o CN CN CM CD CD co CD Oil CD CD LO CD CD CN en co CD CD CD CD in CD CD CD CD CD CM CD CD CO CD CD CD CD LO CD CD CO CD CD CN CD CD CO CD CD CD CD in CD CD CD CD CD CN CD CD CO CD CD CD CD LO CD CD CD CD CD CO CD •D CO s >> o "5 CL CD CO 03 C LU CO CD > "co I— CD CL O O o c CO E CO o h- Q c o to o •o LU co~ CD O o CO CD tr c CO E X 3 o >- C CO en c c co X X CD Q c o to x 00 ••—• o CD T5 c TJ c CO co E o oo o Q 123 CD i_ CD LU Q CO "CD •o CÛ X X o Q DGXXIV Consumer Policy Service SOEC Statistical Office LS Legal Service SG Secretariat-General Total B DK D EL E F IRL I L NL A P FIN S UK Total 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 1992 1993 1994 0 0 1 0 1 0 0 0 0 0 0 1 0 1995 •0 1996 1992 1993 1994 1S95 1996 0 0 0 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 11 1 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 3 0 •0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 1 0 1 0 2 0 0 2 0 0 0 0 0 0 0 0 5 5 4 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 1 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 2 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1992 70 45 181 168 247 195 70 207 25 54 0 60 1993 92 37 149 146 184 209 52 192 14 67 0 59 1994 92 33 185 112 196 246 66 185 18 85 0 59 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 3 2 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 35 21 9 0 5 0 2 0 3 0 2 5 0 3 0 0 0 0 0 0 0 223 1545 0 139 1340 0 156 1433 1995 80 36 171 84 147 210 44 140 25 65 45 52 28 52 73 1252 1996 57 34 155 52 103 148 29 135 16 38 52 37 33 51 136 1076 Table 1. 3, Suspected infringements Action taken classified by year of registration Year Total cases Terminated In motion Established infringements CO 1992 1993 1994 1995 1996 1545 1340 1433 1252 1076 1190 992 909 756 310 69 69 217 284 665 286 279 307 212 101 ANNEX II ESTABLISHED INFRINGEMENTS 1992 to 19956 Table 2. 1 Table 2. 2 Table 2. 3 Table 2. 4 Table 2. 5 Table 2. 6 Table 2. 7 Established infringements, classified by stage of proceedings and Member State Infringements proceedings classified by Member State, stage reached and legal basis Trend by Member State and year commenced (1992) Trend by Member State and year commenced (1993) Trend by Member State and year commenced (1994) Trend by Member State and year commenced (1995) Trend by Member State and year commenced (1996) 32 Table 2. 1 Established infringements - Classified by stage of proceedings and Member State Article 169 letters Reasoned opinions Referrals to Court Member State 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 1992 1993 1994 1995 1996 GO B DK D EL E F IRL I L NL A P FIN S UK Total 110 98 77 80 72 22 26 41 19 62 46 66 57 42 22 4 3 14 1 0 97 120 90 92 62 18 35 66 ' 25 37 112 125 96 113 58 30 41 85 26 51 129 107 86 81 59 39 28 53 15 30 113 105 90 97 88 10 39 49 17 46 87 91 70 67 43 13 25 47 3 36 6 0 5 4 5 1 9 138 108 102 114 75 40 49 60 36 71 11 7 0 4 4 5 2 0 6 97 91 64 71 39 21 29 36 75 75 73 59 32 16 22 20 0 0 0 4 132 0 0 0 9 4 0 9 2 28 14 11 116 125 96 115 54 22 40 54 22 49 0 0 0 0 0 0 2 290 2 69 0 0 0 0 0 0 0 0 0 0 97 98 73 77 47 13 15 21 15 14 5 0 1 0 0 3 5 0 0 0 0 0 10 0 5 6 0 10 20 0 8 17 12 17 9 8 12 6 6 6 12 17 6 4 •0 5 0 0 1 3 0 0 4 0 0 2 9 11 4 9 4 2 1 6 0 0 1 1217 1209 974 1016 1142 248 352 546 192 435| 64 44 89 72 92| Table 2. 2. INFRINGEMENT PROCEEDINGS CLASSIFIED BY MEMBER STATE, STAGE REACHED AND LEGAL BASIS Total 1 1992 Directives Treaties Total 993 Directives Total 1994 Directive* Treaties T o t al No fmpt. Appl. Regu No Impl. Appl Regu No Impl. Appl. Regu notit. p i o b. prob. lations notil. p t o b. p m b. 1 Plions nuts. p m b. p i o b. M i o ns 1995 Directives No nobl. Impl. prob. j Treaties T o t al 1996 Directives Treaties Appl. Regu No Imp!, Appl. Regu prob j taboos notrt. prob. prob. l a t o rs Decisions Decisions B DK D EL E F IRL 1 L NL A P FIN S UK Art. J§_9_ RO REF Art. 169 ' RO _ R E F_ Art. 169 RO REF 110 22 6 46 4 0 97 18 5 Art. 169 112Î RO REF 30 4 _Art. J69 129 RO REF 39 5 Art. 169 113 _RO__ _ R E F_ Art. 169 RO REF 10 1 87 13 9 Art. 169 138 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art 169 RO REF 40 11 97 21 14 75 16 5 ! 116 22 1 97 13 3 TOTAL Art. 169 1217 RO REF 246 64 84 13 2 39 2 77 4 1 93 13 1 89 20 1 67 2 7 8| 12 l i- 87 10 5 90 13 10 61 7 5 88 18 82 12 935 12É 33 il 1 j 6 2 1 ' " " • 4" 1 3 3 1 4 4 2 7 1 4 39 11 6 15 2 1 2 10 5 3 7 7 _ 1_ 16 4 2 25 1 4 , 27 13 4 5 1 8 5 13 2 1 [ 6 2 136 3£ 17 GO 10 6 3 5 2 4 7 8 10 1 21 12 1 17 8 1 1 20 16 1 1 7 2 5 2 8 1 98 28 7 66 3 0 120 35 4 125 41 4 107 28 5| 105 39 2 91 25 0 108 49 6 91 29 11 75 22 5 73 16 ^5 63 1 95 2 2| 1 0 4T 33 _4 80 19 3 82 22 85 " " 17 75 31 3 84 28 5 64 14 1 1 3 3 1 2 3 1 1_ 1 2 2 2 4 , I 8 1 1 1 1 2 15__ 2 15 5 1 2r 2 _15 5 11 7 1 3 2 16 8 1 2 1 8] _3 3 100 35 8 1 14 2 125 40 0 I 9 7 2 1 2 7 7 2 6 6 n 3 1 10 8 1 1 T 9 9 1 4 6 2 3 1 3 2 77 41 JO 57 14 _ _ _0 90 _. ___66 5 96 85 17 86 53 9 90 49 8 70 _ _ 4 7_ 12 102 60 12 64 36 6 73 20 4 96 54 58_ 36 6 5_1_ 12 63 58. 2j 80 12 62 48 8 64 38 5 62 « 11 56 56 5 58 36 5 49] 17 2 m 49 5 , __ — ~~ - __ -— —— 5 1 1 1>8 [ 15 0 I" 2 82 6 8 f J 3 3 105 1209 7Z Ç. 352 44 987 244 21 32 18 4 121 38 5| 6 __3 69 52 14 57 21 73 21 J 974 __I?. 2 546 89 496 61 3 1 32 8 2 80 19 6 42 1 59 3 J_ 15 _7[ 36 1 4 1 1 5 1 2 1 2 1 2 L-. _ 2 2 4 3 11 4 2 19 3 2 20 3 2 14 4 11 6 3 21 2 4 20 3 1 Decisions ± 2 3 2 3 4 1 4 3 9 1 1 13 A 3 3 2 1 92 26 _J0 113 26 12 81 15 6 97 17 6 67 L 3 6 13 114 3 2 1 1 1 36 17 71 9 3 59 4 0 4 0 0 5_ 1 12 3 9 1 115 22 4 2 0 0 2 0 0 77 15 2 1° 3 63 15 7 90 14 8 61 9 5 70 8 4 59 3 6 85 16_ 13 66 6 3 47 1 98 15 4 65 11 2 143 28 10 67 1016 799 ! 14 16 192 72 114 56 5 4 2 1 1 3 1 3 1 1 1 1 4 1 1 23 8 3 D e r i s i o ns 10 3 10 1 9 4 2 7 2 13 4 2 4 16 9 2 "? 1 3 31 48 19 18 31 23 7 34 43 13 22 13 3 33 31 6 28 34 1 30 50 5 32 26 1 14 4 72 62 20 22 0 0 62 37 8 58 51 17 59 30 9 88 46 11 43 36 4 75 71 9 39 28 4 32 9 2 2 132 123 2 1 54 49 6 4 2 34 37 5 1 2 90 284 0 0 8 4 6 6 2 7 3 1 6 4 5 1 9 3 2 2 1 1 5 8 1 1 69 61 1 0 0 47 14 1 1 H2 4 35 92 7 2 89 28 6 26 11 801 320 60 3 1 1 52 35 4 8 1 1 6 14 5 1 13 8 2 12 4 1 11 5 10 10 2 3 1 8 2 2 9 4 1 1 4 2 105 42 7 16 7 1 2 17 5 1 16 6 1 9 10 4 29 7 3 9 1 1 18 7 3 3 3 9 3 2 9 1 1 12 4 5 4 16 1 174 52 20 Decisions 17 3 2 8 3 8 3 21 4 1 20 4 2 1 1 1 18 11 1 2 9 1 3 1 3 2 1 115 28 8 Table 2. 3. Established infringements - Trend by Member State and year case commenced 1992 Cases Term, after In motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For Art. 169 letter Total B DK D EL E F IRL I L NL P UK 1217 110 46 97 112 129 113 87 138 97 75 116 97 778 76 42 53 65 91 63 59 70 66 54 63 76 Art. 169 letter 17 1 1 0 1 3 3 1 3 0 0 2 2 opinions 413 30 3 43 45 33 42 27 70 30 20 52 18 after R. O. 255 14 3 30 28 17 20 13 43 21 14 40 12 after R. O. 150 16 0 13 17 16 20 12 23 9 6 12 6 after referrals 22 3 0 4 2 4 3 1 4 0 0 1 0 114 13 0 8 15 13 15 12 16 9 5 7 1 51 2 0 3 6 5 12 3 6 6 2 6 0 Commission 41 8 0 1 7 4 0 a 6 3 3 0 1 Member States 4 0 0 2 1 0 0 0 1 0 '0 0 0 45 8 0 3 8 4 0 8 7 3 3 0- 1 Table 2. 4. Established infringements - Trend by Member State and year case commenced 1993 &o Cases Term, after In motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For Art. 169 letter 776 62 61 74 57 69 65 56 55 64 59 76 78 1209 98 66 120 125 107 105 91 108 91 75 125 98 Art. 169 letter 35 6 0 2 2 3 5 2 7 0 1 3 4 Total B DK D EL E F IRL I L NL P UK opinions 392 30 5 43 65 34 35 32 44 27 14 47 16 after R. O. 258 15 5 27 46 19 20 22 27 23 12 30 12 after R. O. 133 15 0 16 19 15 14 10 17 4 2 17 4 after referrals 23 4 0 3 3 2 2 0 6 0 0 3 0 96 11 0 12 15 12 8 8 14 4 1 9 2 41 3 0 7 6 4 2 4 3 3 1 6 2 Commission 32 4 0 2 6 6 4 4 5 1 0 0 0 35 4 0 2 6 8 5 4 5 1 0 0 0 Member States 3 0 0 0 0 2 1 0 0 0 1 0 0 0 Table 2. 5. Established infringements - Trend by Member State and year case commenced 1994 Cases Term, after Iu motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For Art. 169 letter Total B DK D EL E F IRL I L NL P UK 974 77 57 90 96 86 90 70 102 64 73 96 73 557 31 52 40 40 45 54 46 45 42 61 55 46 Art. 169 letter 87 10 0 10 11 10 15 3 6 4 4 7 7 opinions 328 37 5 40 43 30 22 20 52 18 9 33 19 after R. O. 165 13 5 18 27 17 8 10 18 12 6 17 14 after R. O. 163 24 0 22 16 13 14 10 34 6 3 16 5 after referrals 40 3 0 13 2 1 3 1 13 2 1 1 0 80 ' 11 0 13 10 2 ' 9 8 19 2 1 5 0 32 6 0 0 6 1 6 7 2 0 0 4 0 Commission 8 2 0 0 2 0 0 0 4 0 0 0 0 Member States 1 0 0 0 0 0 0 0 1 0 0 ô 0 9 2 0 0 2 0 0 0 5 0 0 0 0 Table 2. 6. Established infringements - Trend by Member State and year case commenced 1995 Cases Term, after In motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For CO 00 Art. 169 letter 559 36 35 48 57 50 46 23 46 40 47 1 64 1 1 64 1016 80 42 92 113 81 97 67 114 71 59 4 115 2 2 77 Art. 169 letter 224 21 4 34 19 15 31 15 25 9 10 2 24 1 1 13 opinions 242 29 1 18 32 14 28 16 46 18 4 1 26 0 0 9 after R. O. 42 8 1 4 4 0 5 1 5 3 3 0 5 0 0 3 after R. O. 200 21 0 14 28 14 23 15 41 15 1 1 21 0 0 6 Total B DK D EL E F IRL I L NL A P FIN S UK after referrals 10 3 0 0 1 0 1 0 4 0 0 1 0 0 0 0 13 3 0 0 1 0 1 2 5 0 0 1 0 0 0 0 Commission 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Member States 0 0 0 0 0 0 0 0 0 0 0 •0 0 0 0 0 0 0 * 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 2 1 0 0 0 0 0 0 0 Table 2. 7. Established infringements - Trend by Member State and year case commenced 1996 Cases Term, after In motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For Art. 169 letter 232 13 16 10 11 16 11 14 14 13 8 21 12 41 18 14 1142 72 22 62 58 59 88 43 75 39 32 132 54 290 69 47 Total B DK D EL E F IRL I L NL A P FIN S UK Art. 169 letter opinions 846 47 6 48 39 39 68 19 56 20 22 111 40 249 51 31 53 10 0 3 8 2 6 7 5 6 2 0 2 0 0 2 after R. O. 5 2 0 0 0 1 0 0 0 2 0 0 0 0 0 0 after R. O. 48 8 0 3 8 1 6 7 5 4 2 0 2 0 0 2 0 0 0 0 0 0 0 \ o 0 0 0 0 0 0 0 0 after referrals 0 0 0 0 0 0 •0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Commission 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Member States 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 0 ANNEX III INFRINGEMENTS OF TREATIES AND REGULATIONS 140 ptrnmrnz; NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR • Mi NUMBER LEG. BASE TITLE DD. RO DD. REF CASE •• NUMBER LEG. BASE TITLE DD. RO DD. REF CASE m&iAft& NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. TERM ECONOMIC AND FINANCIAL AFFAIRS 91/2097 157E052;157E058;157E221 DISCRIMINATION CONCERNING FOREIGN INVESTMENT IN PRIVATIZED COMPANIES DATE REASONED OPINION SENT: 95/05/29 COMPETITION 89/0030 157E171; 384D0508 AID FOR IDEALSPUN/BEAULTEU DATE REASONED OPINION SENT: 89/08/30 DATE OF REFERRAL: 89/12/18 C-89/375 DATE OF JUDGMENT: 91/02/19 COMMISSION 91/0755 157E030;157E034;157E037;157E048 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL: 94/06/15 C-94/160 91/0751 157E037;157E030;157E034 EXCLUSIVE RIGHTS IN RESPECT OF GAS AND ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL: 94/06/14 C-94/159 91/0756 157E030;157E034;157E037 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL: 94/06/13 C-94/156 TERMINATION DECISION: 96/06/28 141 mix NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE imiHmtmtm NUMBER LEG. BASE TITLE DD. RO DD. REF CASE mwimt NUMBER LEG. BASE TITLE DD. RO 91/0757 157E030;157E034;157E037 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL: 94/06/15 C-94/158 92/2028 387R3975 AIR TRANSPORT (ASSISTANCE A LA COMMISSION DANS SES ENQUETES) DATE REASONED OPINION SENT: 95/05/18 92/2035 368R4056 SEA TRANSPORT (ASSISTANCE TO COMMISSION INQUIRIES) DATE REASONED OPINION SENT: 95/06/12 93/2054 368R1017 SURFACE TRANSPORT DATE REASONED OPINION SENT: 95/12/21 93/2181 157E003;157E005;157E085 CUSTOMS FORWARDING AGENTS DATE REASONED OPINION SENT: 95/06/21 DATE OF REFERRAL: 96/02/09 C-96/035 91/0759 157E030;157E037 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL: 94/06/13 C-94/157 EMPLOYMENT AND SOCIAL POLICY 87/0207 157E048;368R1612 NATIONALITY REQUIREMENT - POSTS, TELECOMMUNICATIONS AND RADIO-TELEVISION DATE REASONED OPINION SENT: 92/08/06 42 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER 88/0364 157E048;368R1612;371R1408;683J0249;684J0122;683J0261;673J0187;674J0039; 675J0007;157E0171 COVERT DISCRIMINATION AS REGARDS WELFARE BENEFITS AND SERVICES DATE REASONED OPINION SENT: 89/08/28 DATE OF REFERRAL: 90/10/23 C-90/326 DATE OF JUDGMENT: 92/11/10 COMMISSION DATE ART. 171 LETTER SENT: 95/07/03 89/0457 157E007;157E128;157E171 STUDY GRANTS - DISCRIMINATION ON THE BASIS OF NATIONALITY DATE REASONED OPINION SENT: 91/03/21 DATE OF REFERRAL: 93/02/17 C-93/047 DATE OF JUDGMENT: 94/05/03 COMMISSION DATE ART. 171 LETTER SENT: 95/10/03 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR 90/0404 157E007;157E048;157E052;368R1612 DISCRIMINATION REGARDING STUDY GRANTS FOR WORKERS DATE REASONED OPINION SENT: 93/05/17 91/0573 157E048;368R1612 ACCESS TO EMPLOYMENT IN SEA AND AIR TRANSPORT DATE REASONED OPINION SENT: 92/08/06 91/0574 157E048;368R1612 ACCESS TO EMPLOYMENT IN DISTRIBUTION OF WATER, GAS AND ELECTRICITY DATE REASONED OPINION SENT: 92/08/06 DATE OF REFERRAL: 94/06/22 C-94/173 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/2017 157E045;368R1612 EQUAL TREATMENT - ACCES A L'EMPLOI. CHILDREN OF MIGRANT WORKERS DATE REASONED OPINION SENT: 93/08/13 DATE OF REFERRAL: 94/10/13 C-94/278 DATE OF JUDGMENT: 96/09/12 COMMISSION DISCRIMINATION AGAINST H: NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM ^ « J 5 * J V J &,. :: NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR 87/0282 157E048;368R1612 EQUAL TREATMENT - TAX AVANTAGES DATE REASONED OPINION SENT: 89/03/01 96/12/10: TERMINATION DECISION 89/0116 368R1612;157E048 TAXATION OF NON-RESIDENTS DATE REASONED OPINION SENT: 92/02/19 96/06/26: TERMINATION DECISION 90/0179 157E048;368R1612;157E052;157E059 EQUAL TREATMENT - TAX AVANTAGES DATE REASONED OPINION SENT: 94/05/04 96/06/26: TERMINATION DECISION 89/5227 157E048;368R1612 NATIONALITY DISCRIMINATION IN RESPECT OF EMPLOYMENT AS CELLIST AT THE ATHENS OPERA DATE REASONED OPINION SENT: 93/03/03 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER 90/4816 157E048; 368R1612 NATIONALITY DISCRIMINATION - LANGUAGE ASSISTANTS DATE REASONED OPINION SENT: 93/08/03 DATE OF REFERRAL: 94/04/27 C-94/123 DATE OF JUDGMENT: 95/06/01 COMMISSION DATE-ENVOI-LETTRE 171: 97/01/24 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR 91/0583 368R1612;157E048 NATIONALITY DISCRIMINATION - ACCESS TO EMPLOYMENT IN PUBLIC ELECTRICITY COMPANY DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION 144 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE" DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR 91/0584 368R1612;157E048 NATIONALITY DISCRIMINATION - ACCESS TO EMPLOYMENT IN PUBLIC SERVICE - DOCTORS IN PUBLIC HOSPITALS DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0585 157E048;368R1612 ACCESS TO EMPLOYMENT-PUBLIC EDUCATION DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0586 157E048;368R1612 ACCESS TO EMPLOYMENT - SEA AND AIR TRANSPORT DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0587 157E048;368R1612 ACCESS TO EMPLOYMENT - SURFACE TRANSPORT DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0588 157E048;368R1612 ACCESS TO EMPLOYMENT - CIVILAN RESEARCH DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0589 157E048;368R1612 ACCESS TO EMPLOYMENT - POSTS, TELECOMMUNICATIONS AND RADIO-TELEVISION DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL: 94/10/26 C-94/290 DATE OF JUDGMENT: 96/07/02 COMMISSION 145 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DE. SAIS CASE NUMBER LEG. BASE TITLE DD. RO DD. TERM mANCS NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO WSSSK NUMBER LEG. BASE TITLE DD. RO DD. TERM 91/4957 157E048 PERIOD WORKED IN OTHER MEMBER STATES SENIORITY DATE REASONED OPINION SENT: 95/05/18 DATE OF REFERRAL: 96/06/04 C-96/187 CALCULATION OF 92/4760 157E048;157E052;157E059;368R1612 NATIONALITY DISCRIMINATION - STATUS OF FAMILLE NOMBREUSE DATE REASONED OPINION SENT: 95/05/18 DATE OF REFERRAL: 96/06/03 C-96/185 93/4236 157E048 ACCESS TO EMPLOYMENT AND TERMS OF EMPLOYMENT OF SPECIALIST DOCTORS DATE REASONED OPINION SENT: 95/06/19 96/06/26: TERMINATION DECISION 90/0284 157E048;368R1612;157E005 ACCESS TO EMPLOYMENT ON BOARD SHIP DATE REASONED OPINION SENT: 91/04/17 91/0233 157E048;368R1612 ACCESS TO EMPLOYMENT - SEA AND INLAND WATERWAY TRANSPORT DATE REASONED OPINION SENT: 92/08/06 91/2373 368R1612 REFUSAL TO GRANT EDUCATION ALLOWANCE DATE REASONED OPINION SENT: 94/08/04 96/12/10: TERMINATION DECISION 93/4403 368R1612 CALCULATION OF SUPPLEMENTARY RETIREMENT PENSION FOR FRONTIER WORKERS DATE REASONED OPINION SENT: 95/07/28 87/0212 157E048;368R1612 NATIONALITY REQUIREMENT FOR ACCESS TO EMPLOYMENT IN VARIOUS PUBLIC INSTITUTES DATE REASONED OPINION SENT: 92/11/09 96/12/10: TERMINATION DECISION 146 NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. Rb DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM 87/0213 157E048;368R1612 NATIONALITY REQUIREMENT FOR ACCESS TO EMPLOYMENT IN PUBLIC EDUCATION DATE REASONED OPINION SENT: 92/10/15 96/12/10: TERMINATION DECISION 91/0576 368R1612;157E048 NATIONALITY DISCRIMINATION - ACCESS TO EMPLOYMENT IN PUBLIC GAS AND WATER COMPANIES DATE REASONED OPINION SENT: 92/10/15 96/12/10: TERMINATION DECISION 91/0577 157E048;368R1612 ACCESS TO EMPLOYMENT - POSTS, TELECOMMUNICATIONS and RADIO-TELEVISION DATE REASONED OPINION SENT: 92/10/15 96/12/10: TERMINATION DECISION 91/0578 157E048;368R1612 ACCESS TO EMPLOYMENT - AIR TRANSPORTS DATE REASONED OPINION SENT: 92/10/15 96/12/10: TERMINATION DECISION 91/0579 157E048;368R1612 ACCESS TO EMPLOYMENT - CIVILIAN RESEARCH DATE REASONED OPINION SENT: 92/10/15 96/12/10: TERMINATION DECISION 91/0580 157E048;368R1612 ACCESS TO EMPLOYMENT - URBAN AND REGIONAL TRANSPORT DATE REASONED OPINION SENT: 92/10/15 96/12/10: TERMINATION DECISION 91/0581 157E048;368R1612 ACCESS TO EMPLOYMENT - SEA AND INLAND WATERWAY DATE REASONED OPINION SENT: 92/11/09 96/12/10: TERMINATION DECISION 91/0582 157E048;368R1612 ACCESS TO EMPLOYMENT - PUBLIC HEALTH DATE REASONED OPINION SENT: 92/10/15 96/12/10: TERMINATION DECISION 92/4660 368R1612;157E048 CONDITIONS OF EMPLOYMENT OF TEACHERS DATE REASONED OPINION SENT: 93/12/31 96/10/16: TERMINATION DECISION 147 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR 89/0408 368R1612; 157E048 INCOME TAX ACT - TAXATION OF NON-RESIDENTS DATE REASONED OPINION SENT: 92/02/04 DATE OF REFERRAL: 94/06/03 C-94/151 DATE OF JUDGMENT: 95/10/26 COMMISSION 91/0222 157E048;368R1612 ACCESS TO EMPLOYMENT - SURFACE TRANSPORT DATE ART. 171 LETTER SENT: 92/07/14 DATE OF REFERRAL: 93/12/17 C-93/473 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0223 157E048;368R1612 ACCESS TO EMPLOYMENT - CIVILIAN RESEARCH DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL: 93/12/17 C-93/473 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0224 157E048;368R1612 ACCESS TO EMPLOYMENT - PUBLIC EDUCATION DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL: 93/12/17 C-93/473 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0225 157E048;368R1612; ACCESS TO EMPLOYMENT - POSTS AND TELECOMMUNICATIONS DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL: 93/12/17 C-93/473 DATE OF JUDGMENT: 96/07/02 COMMISSION 91/0226 157E048;368R1612; ACCESS TO EMPLOYMENT - DISTRIBUTION OF WATER, GAS AND ELECTRICITY DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL: 93/12/17 C-93/473 DATE OF JUDGMENT: 96/07/02 COMMISSION 48 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO -^fttatouyr; NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 91/0228 368R1612;157E048 NATIONALITY DISCRIMINATION - ACCESS TO EMPLOYMENT IN PUBLIC HOSPITALS DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL: 93/12/17 C-93/473 DATE OF JUDGMENT: 96/07/02 COMMISSION 92/2247 157E048;368R1612 NATIONALITY DISCRIMINATION - UNIVERSITY EDUCATION DATE REASONED OPINION SENT: 95/11/14 94/4092 157E005; 157E048; 157E051 DISSOLUTION OF GIBRALTAR PENSION FUND DATE REASONED OPINION SENT: 95/10/31 AGRICULTURE 90/5328 387R0823;387R3929;157E040 MAXIMUM YIELD PER HECTARE IN WINE-GROWING -. PRIVILEGES of COOPERATIVES (R) DATE REASONED OPINION SENT: 95/07/03 96/12/10: TERMINATION DECISION 93/2097 157E030;391L0497 BARRIERS TO IMPORTS OF BOARS FROM DENMARK DATE REASONED OPINION SENT: 94/10/0 DATE OF REFERRAL: 96/03/27 C-96/102 85/010 380R1837;382R0019;383R0020;157E113;157E030;157E171 PRICES OF SHEEP AND GOATS IMPORTED FROM HUNGARY DATE REASONED OPINION SENT: 86/02/25 DATE OF REFERRAL: 87/04/15 C-87/127 149 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE wÊÊÊËm NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR ITALY NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF 92/4664 391R1697;368R0804 DEFINITIVE ABANDONMENT OF MELK PRODUCTION DATE REASONED OPINION SENT: 95/01/19 94/4466 157E030 BARRIERS TO IMPORTS OF SPANISH STRAWBERRIES DATE REASONED OPINION SENT: 95/05/05 DATE OF REFERRAL: 95/08/04 C-95/265 88/0449 377L0504;388D0124;157E030;157E171 IMPORT RESTRICTIONS - SEMEN BULLS AND PIGS FOR ARTIFICIAL INSEMINATION DATE REASONED OPINION SENT: 89/10/12 DATE OF REFERRAL: 91/09/17 C-91/235 DATE OF JUDGMENT: 92/11/17 COMMISSION 91/4287 366R0136 MINIMUM PRICES FOR VIRGIN OLIVE-OIL CAKES DATE REASONED OPINION SENT: 93/10/05 DATE REASONED OPINION SENT-BIS: 95/03/24 DATE OF REFERRAL: 95/10/17 C-95/327 92/2141 390R1186 CLASSIFICATION OF ADULT BOVINE CARCASES DATE REASONED OPINION SENT: 95/01/20 DATE OF REFERRAL: 95/10/17 C-95/328 94/4123 384R0857 APPLICATION OF MILK QUOTAS 3- PROBLEMS OF CENTRALIZED MANAGEMENT DATE REASONED OPINION SENT: 96/05/20 DATE OF REFERRAL: 95/10/17 150 *iqÊâimJtàt&OÊt NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM WÊBm® NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO pjm&aœ:: NUMBER LEG. BASE TITLE DD. RO 91/0541 157E171 MMB-RESTRICTIONS ON FREEDOM TO SELL MILK PRODUCED DATE REASONED OPINION SENT: 91/09/23 DATE OF REFERRAL: 92/02/13 C-92/040 DATE OF JUDGMENT: 94/03/24 COMMISSION 96/12/10: TERMINATION DECISION 92/2209 368R0804;387R1898; 388D0566. NON - CONFORMITY OF DESIGNATION "SOYA - MILK" DATE REASONED OPINION SENT: 93/05/11 96/12/10: TERMINATION DECISION TRANSPORTS 90/0354 157E007; 157E048; 157E052; 157E058 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/04 91/0600 386R4055 CARGO-SHARING ARRANGEMENTS IN BLEU-TOGO AGREEMENT DATE REASONED OPINION SENT: 93/10/11 DATE REASONED OPINION SENT BIS: 96/01/26 91/0601 386R4055 CARGO-SHARING ARRANGEMENTS IN AGREEMENT WITH ZAIRE DATE REASONED OPINION SENT: 93/10/1 93/2101 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER CONTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/21 90/0355 157E007;157E048;157E052;157E058;157E221;157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 94/02/21 151 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE liiiilïï NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO ftNMggr: NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM & & £ && NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 90/0356 157E007;157E048;157E052;157E221;157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/07/27 DATE OF REFERRAL: 96/03/07 C-96/062 91/0469 386R4055 FREEDOM TO PROVIDE SERVICES IN SEA TRANSPORT - SPAIN AND GABON DATE REASONED OPINION SENT: 94/01/19 93/2100 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/06 89/0306 157E007; 157E048; 157E052;157E058;157E221 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/10/11 DATE OF REFERRAL: 94/12/22 C-94/334 DATE OF JUDGMENT: 96/03/07 COMMISSION 96/06/26: TERMINATION DECISION 93/2099 386R4055 RESERVATION OF FRENCH FLAG RIGHTS FOR TRANSPORT OF COAL DATE REASONED OPINION SENT: 95/06/26 96/12/10: TERMINATION DECISION 90/0357 157E007;157E048;157E052;157E058;157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/18 DATE REASONED OPINION SENT-BIS: 94/08/04 DATE OF REFERRAL. 96/05/06 C-96/151 152 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 91/2148 157E007;157E048;157E052;157E058;157E221 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/30 DATE-ENVOI-AVIS MOTIVE-BIS: 96/02/23 93/2105 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/21 93/2102 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/21 Ii 90/0358 157E007; 157E048; 157E0S2; 157E058; 157E221 ; 157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/30 93/2103 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/06 IMHHI NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER DATERO 171 DD. REF 2 CASE 2 DD. JU. 2 JU. FOR 2 COMMUNITY STAFF 84/0303 157F/PRO/PRI;157E171 TRANSFER OF PENSION RIGHTS DATE REASONED OPINION SENT: 79/07/24 DATE OF REFERRAL: 80/06/09 C-80/137 DATE OF JUDGMENT: 81/10/19 COMMISSION DATE ART. 171 LETTER SENT: 84/07/31 DATE ART. 171 REASONED OPINION SENT: 85/05/08 DATE OF REFERRAL-171: 85/11/28 C-85/383 DATE OF JUDGMENT-171: 89/10/03 COMMISSION 153 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO GERMANY NUMBER LEG. BASE TITLE DD. RO DD. TERM wÉÊmmm NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 93/2139 368R0259 TRANSFERS TO COMMUNITY PENSION SCHEME DATE REASONED OPINION SENT: 95/08/14 91/2315 157E005;157E011 TRANSFERS OF PENSION RIGHTS DATE REASONED OPINION SENT: 93/12/13 DATE OF REFERRAL: 96/01/21 C-96/052 93/2297 165FPRI;165FPRO RESIDENCE PERMITS DATE REASONED OPINION SENT: 96/09/13 ENVIRONMENT 91/0216 382R3626; TRADE IN ENDANGERED SPECIES DATE REASONED OPINION SENT: 93/03/31 96/12/10: TERMINATION DECISION FISHERIES 90/0248 157E007;157E034;157E048;157E052;157E058;381R3796;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/03/23 90/0296 157E007;157E048;157E052;157E067;157E221 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 94/02/21 90/0481 383R0170;387R3977;387R2241; FAILURE TO INSPECT - OVERFISHING 1988 DATE REASONED OPINION SENT: 92/10/28 154 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO 90/0328 157E007;157E048;157E052;157E058;157E221;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/07/27 DATE OF REFERRAL: 96/03/07 C-96/062 88/0356 382R2057;387R2241; DUTY TO COOPERATE - FISHERIES INSPECTION AND MONITORING DATE REASONED OPINION SENT: 89/11/20 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER 84/0445 382R2057;383R0171;157E171 FAILURE TO MONITOR COMPLIANCE WITH TECHNICAL CONSERVATION MEASURES DATE REASONED OPINION SENT: 86/11/18 DATE OF REFERRAL: 88/02/29 C-88/064 DATE OF JUDGMENT: 91/06/11 COMMISSION DATE ART. 171 LETTER SENT: 93/10/11 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DD. TERM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DD. TERM 90/0249 157E007;157E048;157E052;157E058;157E221;157E171;368R1612:383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/10/18 DATE OF REFERRAL: 94/12/22 C-94/334 DATE OF JUDGMENT: 96/03/07 COMMISSION 96/06/26: TERMINATION DECISION 90/0418 387R3977;383R0170;387R2241 ; FAILURE TO INSPECT - OVERFISHING 1988 DATE REASONED OPINION SENT: 92/09/29 91/4509 390R3926;383R0170;387R2241 ; OVERFISHING 1991 (ANCHOVIES) DATE REASONED OPINION SENT: 94/05/02 DATE OF REFERRAL: 95/02/28 C-95/052 DATE OF JUDGMENT: 95/12/07 COMMISSION 96/12/10: TERMINATION DECISION 155 NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO mrm&mm&QM 90/0333 157E007;157E052;157E058;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/18 DATE REASONED OPINION SENT-BIS: 94/08/04 96/07/24: TERMINATION DECISION 90/0332 157E007;157E048;157E052;157E058;157E221;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/03/11 DATE REASONED OPINION SENT-BIS: 94/08/04 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO 87/0398 385R3721;385R3732;383R0170;382R2057; OVERFISHING 1985-86 DATE REASONED OPINION SENT: 89/02/09 DATE REASONED OPINION SENT-BIS: 92/10/01 91/0637 383R0170;387R2241;387R3977;388R4194; FAILURE TO INSPECT - OVERFISHING 1988 DATE REASONED OPINION SENT: 96/04/17 INTERNAL MARKET AND FINANCIAL SERVICES 82/0316 157E030 REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE DATE REASONED OPINION SENT: 83/09/19 89/0228 157E030; 157E034; 157E036; 157E059; 373L0023 FREE MOVEMENT OF WIRELESS TELEPHONES DATE REASONED OPINION SENT: 89/11/29 DATE OF REFERRAL: 92/03/12 C-92/080 DATE OF JUDGMENT: 94/03/24 COMMISSION 89/4822 157E030 TELEVISION ADVERTISING DATE REASONED OPINION SENT: 95/09/28 156 NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR 91/0209 157E052;157E067 DISCRIMINATORY TAXATION OF PERMANENT ETABLISHMENTS OF FOREIGN COMPANIES DATE REASONED OPINION SENT: 93/09/16 96/06/26: TERMINATION DECISION 91/0782 157E005;157E030;157E036 IMPORTS OF ENZYME PREPARATIONS DATE REASONED OPINION SENT: 93/07/12 88/0189 157E030 BAN ON COSMETICS ADVERTISING DATE REASONED OPINION SENT: 93/06/03 96/06/26: TERMINATION DECISION 89/0082 157E030 DISCRIMINATION AGAINST IMPORTS OF FRUIT AND VEGETABLES DATE REASONED OPINION SENT: 94/07/15 96/04/03: TERMINATION DECISION 91/4782 157E030 "ADVOCAAT" EGG-BASED LIQUEUR - OBLIGATION TO SPECIFY USE OF BETA-CAROTENE ON LABELS DATE REASONED OPINION SENT: 96/07/10 84/0388 157E048;157E052;157E059 BAN ON TEACHING DATE REASONED OPINION SENT: 85/10/28 DATE OF REFERRAL: 86/06/13 C-86/147 DATE OF JUDGMENT: 88/03/15 COMMISSION 85/0264 157E052;157E059 NATIONALITY REQUIREMENT FOR ACCESS TO OCCUPATION OF AVOCATE DATE REASONED OPINION SENT: 86/05/14 DATE OF REFERRAL: 87/02/05 C-87/038 DATE OF JUDGMENT: 88/07/14 COMMISSION 157 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER NUMBER LEG. BASE TITLE DATE 171 LETTER ENVOI AM-171 DD. REF2 CASE2 DD. JU. 2 JU. FOR2 DE. 171 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE HI NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO. DD. REF DEC DD. REF CASE DD. JU. JU. FOR 87/0113 157E059;157E171 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 88/04/20 DATE OF REFERRAL: 89/06/20 C-89/198 DATE OF JUDGMENT: 91/02/26 COMMISSION DATE ART. 171 LETTER SENT: 92/05/18 89/0165 157E052;157E059;157E171 NATIONALITY REQUIREMENT FOR OPENING PRIVATE SCHOOLS DATE ART. 171 LETTER SENT: 89/05/26 DATE ART. 171 REASONED OPINION SENT: 90/01/22 DATEOFREFERRAL171: 90/10/24 C-90/328 DATE OF JUDGMENT-171: 92/01/30 COMMISSION DATE ART. 171 LETTER SENT: 96/04/03 89/0354 157E030; 157E036; SALE OF BABY FOODS EXCLUSIVELY THORUGH PHARMACISTS DATE REASONED OPINION SENT: 91/10/28 DATE OF REFERRAL: 92/11/09 C-92/391 92/0271 NONE REDRESS PROCEDURES - AWARD OF PUBLIC SUPPLY AND WORKS CONTRACTS DATE REASONED OPINION SENT: 94/07/04 DATE OF REFERRAL: 95/07/07 C-95/236 89/4709 157E030 ASSAY MARKS FOR OBJECTS IN PRECIOUS METALS DATE REASONED OPINION SENT: 96/06/14 90/0388 157E005;157E048:157E052;157E059 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 91/10/14 DATE OF REFERRAL DECISION: 92/06/10: PV(92)1109 DATE OF REFERRAL: 92/10/01 C-92/375 DATE OF JUDGMENT: 94/03/22 COMMISSION 158 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DE. SAIS CASE NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 94/4103 157E048; 157E052; 157E059 EXERCISE OF ACTIVITIES IN SECURITY SERVICES DATE REASONED OPINION SENT: 96/06/11 85/0269 157E030 REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE DATE REASONED OPINION SENT: 87/11/12 85/0499 380D1186;386D0283;157E171;391D0482 REFUSAL TO GRANT RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN THE OVERSEAS TERRITORIES DATE REASONED OPINION SENT: 87/05/27 DATE OF REFERRAL: 88/09/23 C-88/263 DATE OF JUDGMENT: 90/12/12 COMMISSION DATE ART. 171 LETTER SENT: 92/06/05 86/0432 157E059;157E171 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 88/05/02 DATE OF REFERRAL: 89/04/28 C-89/154 DATE OF JUDGMENT: 91/02/26 COMMISSION DATE ART. 171 LETTER SENT: 92/05/18 91/0555 157E030 REQUIREMENT OF A HALLMARK ON IMPORTED OBJECTS OF PRECIOUS METALS DATE REASONED OPINION SENT: 96/07/10 93/2222 157E030;157E036 PREPARATIONS BASED ON FOIE GRAS DATE REASONED OPINION SENT: 94/10/14 DATE OF REFERRAL: 96/05/31 C-96/184 93/2261 157E030;157E036 BARRIERS TO IMPORTS OF LEAVENED BREAD DATE REASONED OPINION SENT: 94/10/19 94/4855 157E059; 157E171; DISTRIBUTION OF ALCOHOLIC BEVERAGES IMPORTED FROM OTHER MEMBER STATES DATE REASONED OPINION SENT: 96/11/21 159 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 89/0335 157E030; TOBACCO PROCE RULES DATE REASONED OPINION SENT: 90/07/12 92/2085 157E030 IMPORTED OBJECTS OF PRECIOUS METALS DATE REASONED OPINION SENT: 96/11/11 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER 87/0071 157E059;157E171 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 88/04/20 DATE OF REFERRAL: 89/05/25 C-89/180 DATE OF JUDGMENT: 91/02/26 COMMISSION DATE ART. 171 LETTER SENT: 95/07/05 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 89/0534 157E030; 157E036;377L0094 PROCEDURE FOR AUTHORIZING DIETARY PRODUCTS DATE REASONED OPINION SENT: 91/11/25 90/0397 157E030 MARKETING OF WHOLE-MEAM BREAD DATE REASONED OPINION SENT: 91/03/18 91/0835 157E052;157E059 FINANCIAL SERVICES - 1NTERMEDL4Z10NEMOBIUARE DATE REASONED OPINION SENT: 92/10/19 DATE OF REFERRAL: 94/03/23 C-94/101 DATE OF JUDGMENT: 96/06/06 COMMISSION 91/2159 157E030; SUBSIDIES FOR SCHEDULED BUS SERVICES DATE REASONED OPINION SENT: 93/10/18 DATE REASONED OPINION SENT-BIS: 95/10/04 91/4303 157E030; SUPPLY CONTRACTS DATE REASONED OPINION SENT: 93/06/18 DATE REASONED OPINION SENT-BIS: 96/07/02 160 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO WÊÊÊKÊÊÊM NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER NUMBER LEG. BASE TITLE DD. RO DD. REF CASE pmmtm NUMBER LEG. BASE TITLE DD. RO 92/2116 157E030 IMPORTS OF OBJECTS OF PRECIOUS METALS DATE REASONED OPINION SENT: 96/03/08 92/4131 157E005; 157E048; 157E052 PUBLISHING; PRESS REGISTER - NATIONALITY DISCRIMINATION DATE REASONED OPINION SENT: 96/01/05. 93/4698 157E030; 157E036 BARRIERS TO MARKETING OF DIETARY PRODUCTS FOR SPORTSMEN DATE REASONED OPINION SENT: 96/09/04 94/2146 157E059 LEGISLATIVE BARRIERS TO FREEDOM TO PROVIDE CLEANING SERVICES DATE REASONED OPINION SENT: 96/03/12 95/2028 157E059 MORTGAGE REGISTRATION CHARGES DATE REASONED OPINION SENT: 96/06/26 89/0106 157E048U57E052 REFUSAL OF PERMISSION TO OPEN A SECOND DENTAL SURGERY DATE REASONED OPINION SENT: 89/11/21 DATE OF REFERRAL: 90/11/29 C-90/351 DATE OF JUDGMENT: 92/06/16 COMMISSION DATE ART. 171 LETTER SENT: 93/07/27 89/0568 157E007 STATE COMPENSATION OF VICTIMS OF ACTS OF VIOLENCE DATE REASONED OPINION SENT: 91/02/08 DATE OF REFERRAL: 92/03/24 C-92/096 91/2314 157E052;157E221 PURSUIT OF ACTIVITIES IN TELEVISION BROADCASTING DATE REASONED OPINION SENT: 94/07/14 161 ,2«Ai3Pm NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TOTE DD. RO DD. REF CASE DD. JU. JU. FOR cmmNY NUMBER LEG. BASE TITLE DD. RO WÊtmwm NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. TERM m^Msm NUMBER LEG. BASE TITLE DD. RO 82/0320 157E030 REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE DATE REASONED OPINION SENT: 83/09/06 89/0034 157E030 PATENT LICENCES DATE REASONED OPINION SENT: 89/08/28 DATE OF REFERRAL: 90/01/31 C-90/030 DATE OF JUDGMENT: 92/02/18 COMMISSION BUDGETS 95/2126 390R2252 DUTCH BUTTER DATE REASONED OPINION SENT: 96/10/30 CUSTOMS AND INDIRECT TAXATION 84/0342 157E009;157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 91/4164 157E095;157E012 AIDS AND PARAFISCAL CHARGES TO SUPPORT ANIMAL HEALTH AND PROTECTION FUND DATE REASONED OPINION SENT: 95/06/14 TERMINATION DECISION: 96/06/26 84/0343 157E009:157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 62 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE $H$W NUMBER LEG. BASE TITLE DD. RO ¥ft:*W?W*-:S NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR 91/0559 385R1999;386R3677; INWARD PROCESSING DATE REASONED OPINION SENT: 93/02/03 DATE OF REFERRAL: 94/02/14 C-94/076 DATE OF JUDGMENT: 96/09/10 COMMISSION 86/0126 157E009 ; 157E028 ; 368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 90/05/02 91/0779 157E095; TAXES ON SECOND-HAND CARS DATE REASONED OPINION SENT: 93/09/07 DATE OF REFERRAL: 95/12/01 C-95/375 90/0078 387R2658; 157E028 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 92/12/31 84/0345 157E009;157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 87/0158 157E009;157E012 VETERINARY SERVICES' TELEGRAMME CHARGES INVOICED TO IMPORTERS OF LIVE ANIMALS DATE REASONED OPINION SENT: 87/10/14 DATE OF REFERRAL: 89/04/21 C-89/137 DATE OF JUDGMENT: 90/03/14 COMMISSION 163 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DATE 171 LETTER 90/0253 157E007;157E030;157E034;157E059;385R3632;377R0222 MONOPOLY AND CHARGES OF CUSTOMS FORWARDING AGENTS DATE REASONED OPINION SENT: 91/04/16 DATE OF REFERRAL: 92/04/14 C-92/119 DATE OF JUDGMENT: 94/02/09 COMMISSION DATE ART. 171 LETTER SENT-BIS: 95/11/16 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO WÊÊmÊÊÊKÊà NUMBER LEG. BASE TITLE DD. RO mriiÊ&LÀNM NUMBER LEG. BASE TITLE DD. RO jft30TO&*£ NUMBER LEG. BASE TITLE DD. RO wtt8&&mmf NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 93/2170 157E095 VEHICLE SIEZED AT ITALIAN BORDER DATE REASONED OPINION SENT: 95/07/27 95/0332 394L0076 VAT - TRANSITIONAL MEASURES DATE REASONED OPINION SENT: 96/07/03 84/0346 157E009;157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 84/0347 157E009; 157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 90/0079 387R2658; 157E028 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 93/01/20 84/0126 377R1535 CIVIL AIRCRAFT IMPORTED DUTY-FREE AND SUBSEQUENTLY USED AS MILITARY AIRCRAFT DATE REASONED OPINION SENT: 85/06/06 84/0344 157E009; 157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 164 ENTREPRISE POLICY, COMMERCE, TOURISM AND COOPERATIVES NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. JU. JU. FOR DE. 171 87/0352 157E059;157E048;157E052;157E007 DISCRIMINATION IN MUSEUM ADMISSION CHARGES DATE REASONED OPINION SENT: 88/07/08 DATE OF REFERRAL: 93/02/16 C-93/045 DATE OF JUDGMENT: 94/03/15 COMMISSION DATE ART. 171 LETTER SENT: 96/11/26 * * * 165 ANNEX IV REPORT ON THE APPLICATION OF DIRECTIVES 166 CONTENTS 167 CONTENTS 1. AN AREA WITHOUT INTERNAL FRONTIERS REMOVAL OF PHYSICAL BARRIERS Customs Union REMOVAL OF TECHNICAL BARRIERS Goods Information procedure in the field of teclinical rules and standards Foodstuffs Pharmaceutical products Chemicals Motor vehicles, tractors and motorcycles Construction products Machinery Free movement - special arrangements Liability for defective products Persons Right of residence Voting rights 168 171 171 171 172 172 172 174 188 194 202 226 227 242 243 244 244 245 Recognition of qualifications Independent commercial agents Services Audiovisual media Telecommunications Financial services Company iaw : Intellectual and industrial property , Public procurement REMOVAL OF TAX BARRIERS Corporate taxation Indirect taxes 2. CONSUMER PROTECTION AND PRODUCT SAFETY 3. COMPETITION 4. SOCIAL POLICY 5. AGRICULTURE 169 246 256 257 257 257 259 268 271 273 277 277 278 286 295 297 309 6. 7. 8. ENVIRONMENT TRANSPORT ENERGY 393 424 434 170 1. AN AREA WITHOUT INTERNAL FRONTIERS REMOVAL OF PHYSICAL BARRIERS Customs Union 76/0308 Mutual assistance - debt recovery Member States which have notified implementing measures: all 77/0794 Mutual assistance - debt recovery Member States which have notified implementing measures: all 85/0479 Mutual assistance - debt recovery Member States which have notified implementing measures: all 86/0489 Mutual assistance - debt recovery Member States which have notified implementing measures: all 71 REMOVAL OF TECHNICAL BARRIERS - Goods Information procedure in the field of technical rules and standards 83/0189 Technical standards (amended by Directive 88/0182 and 94/0010) Member States which have notified implementing measures: all Belgium Belgium Belgium Belgium Belgium Germany Germany Germany France France Greece Italy Italy Italy Italy Italy Italy Italy Austria Austria Austria Netherlands Netherlands 95/0009, not properly applied, reasoned opinion in 1995 95/0211, not properly applied, reasoned opinion in 1995, referral scheduled 95/0650, not properly applied, reasoned opinion to be sent 96/0224, not properly applied, reasoned opinion to be sent 96/0228, not properly applied, reasoned opinion to be sent 92/0956, not properly applied, reasoned opinion in 1995 92/0666, not properly applied, reasoned opinion to be sent 92/0670, not properly applied, reasoned opinion to be sent 94/0441, not properly applied, reasoned opinion in 1995 95/0645, not properly applied, reasoned opinion in 1996 93/0508, not properly applied, reasoned opinion in 1995 92/0007, not properly applied, reasoned opinion in 1992, referral in 1994 - Case C-94/289, judgment in 1996 92/0958, not properly applied, reasoned opinion in 1993, referral in 1994 - Case C-94/279 94/0329, not properly applied, reasoned opinion to be sent 94/0330, not properly applied, reasoned opinion in 1995 94/0530, not properly applied, reasoned opinion in 1994, referral scheduled 95/0005, not properly applied, reasoned opinion in 1995 95/0011, not properly applied, reasoned opinion in 1995, to be terminated 96/0219, not properly applied, reasoned opinion to be sent 96/0220, not properly applied, reasoned opinion to be sent 96/0222, not properly applied, reasoned opinion to be sent 89/0549, not properly applied, referral in 1993 - Case C-93/061, judgment in 1994 93/0510, not properly applied, reasoned opinion in 1994, to be terminated 172 Netherlands Netherlands - 94/0461, not properly applied, reasoned opinion in 1995 - 94/0777, not properly applied, reasoned opinion in 1994, to be Netherlands - 95/0665, not properly applied, reasoned opinion to be sent terminated 88/0182 Technical standards (amending Directive 83/0189) Member States which have notified implementing measures: all Italy Italy Netherlands Netherlands Italy Netherlands - 91/0565, not properly applied, referral in 1994 - Case C-94/289 - 92/0646, not properly applied, reasoned opinion in 1993 - 91/0747, not properly applied, referral in 1993 - Case C-93/052, judgment in 1994 - 91/2328, not properly applied, referral in 1994 - Case C-94/273 - 93/0614, not properly applied, referral in 1995, Case C-95/289 - 93/2267, not properly applied, reasoned opinion in 1994 94/0010 Technical standards (Amendment to Directive 83/189) Member States which have notified implementing measures: all 173 Foodstuffs 73/0241 Cocoa and chocolate Member States which have notified implementing measures: all 73/0437 Sugars Member States which have notified implementing measures: all 74/0409 Honey Member States which have notified implementing measures: all Italy - 91/42435, not properly applied, reasoned opinion in 1996 75/0726 Faiit juices Member States which have notified implementing measures: all 76/0118 Preserved milk Member States which have notified implementing measures: all except A 76/0621 Foodstuffs for human consumption - oils and fats Member States which have notified implementing measures: all 77/0436 Coffee and chicory Member States which have notified implementing measures: all 174 78/0142 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 78/0663 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all 78/0664 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all 79/0112 Labelling of foodstuffs Member States which have notified implementing measures: all Germany Greece - 95/4134, not properly applied, Art. 169 letter (to be sent) - 93/4345, not properly applied, Art. 169 letter in 1995, suppl. Art. 169 letter (to be sent) 79/0168 Fruit juices Member States which have notified implementing measures: all 79/0693 Jams, jellies and marmalades Member States which have notified implementing measures: all 79/0796 Sugars Member States which have notified implementing measures: all 79/1066 Coffee and chicory Member States which have notified implementing measures: all 175 79/1067 Preserved milk Member States which have notified implementing measures: all 80/0590 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 80/0766 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 80/0777 Natural mineral waters Member States which have notified implementing measures: all 80/0891 Foodstuffs for human consumption - oils and fats Member States which have notified implementing measures: all except FIN 81/0432 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 81/0712 Additives in foodstuffs Member States which have notified implementing measures: all 82/0711 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all. 83/0417 Caseins Member States which have notified implementing measures: all 176 84/0500 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 85/0503 Caseins Member States which have notified implementing measures: all 85/0572 Foodstuffs - articles intended to come into contact Member States which have notified implementing measures: all 85/0591 Monitoring of foodstuffs for human consumption Member States which have notified implementing measures: all 86/0424 Caseins Member States which have notified implementing measures: all Netherlands - 95/2309, not properly applied, Art. 169 letter (to be sent) 87/0250 Labelling of alcoholic beverages Member States which have notified implementing measures: all 87/0524 • Preserved milk Member States which have notified implementing measures: all except A 88/0344 Foodstuffs for human consumption - extraction solvents Member States which have notified implementing measures: all. 77 88/0388 Flavourings for use in foodstuffs for human consumption Member States which have notified implementing measures: all 88/0593 Jams, jellies and marmalades Member States which have notified implementing measures: all 89/0107 Additives in foodstuffs Member States which have notified implementing measures: all Netherlands - 93/2274, not properly applied 89/0108 Quick-frozen foodstuffs Member States which have notified implementing measures: all 89/0109 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 89/0344 Cocoa and chocolate Member States which have notified implementing measures: all 89/0394. Fruit juices Member States which have notified implementing measures: all 89/0395 Foodstuffs - labelling Member States which have notified implementing measures: all. 178 89/0396 Foodstuffs - identification of lot Member States which have notified implementing measures: all 89/0397 Foodstuffs - official control Member States which have notified implementing measures: all. 89/0398 Foodstuffs for particular nutritional use Member States which have notified implementing measures: all. 90/0128 Foodstuffs - materials intended to come into contact Member States which have notified implementing measures: all. 90/0496 Labelling of foodstuffs Member States which have notified implementing measures: all. 90/0612 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all except S 91/0071 » Foodstuffs for human consumption - flavourings (deadlines for transposai: 30. 06. 92 and 01. 01. 94). Member States which have notified implementing measures: all. 91/0072 Labelling of foodstuffs (deadlines for transposai: 30. 06. 92 and 01. 01. 94) Member States which have notified implementing measures: all. 179 91/0238 Labelling of foodstuffs - indication of lot Member States which have notified implementing measures: all 91/0321 Infant formulae (deadlines for transposai: 01. 06. 92 and 01. 06. 94) Member States which have notified implementing measures: all Germany - 93/808, no measures notified, reasoned opinion in 1996 (to be terminated in 1997) 92/0001 Quick-frozen foodstuffs Member States which have notified implementing measures: B, D, DK, EL, E, FIN, I, IRL, L. NL, A, P, S, UK. France Ireland - 93/0923, no measures notified, Art. 169 letter in 1993, reasoned opinion to be sent - 93/0934, no measures notified, Art. 169 letter in 1993 (to be terminated in 1997) 92/0002 Community method of analysis for the control of the temperatures of quick-frozen foods Member States which have notified implementing measures: B, D, DK, EL, E, FIN, I, IRL, L, NL, A, P, S, UK. France Ireland - 93/0924, no measures notified, Art. 169 letter in 1993, reasoned opinion to be sent - 93/0935, no measures notified, Ait. 169 letter in 1993 (to be terminated in 1997) 92/0004 Criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs Member States which have notified implementing measures: all. 180 92/0039 Foodstuffs for human consumption - materials intended to come into contact (deadlines for transposai: 31. 12. 92, 31. 03. 94, 01. 04. 95) Member States which have notified implementing measures: all. 92/0052 Infant formulae for export Member States which have notified implementing measures: B, DK, E, EL, F, IRL, I, L, NL, UK, S, FIN, A. Germany - 94/0646, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1995, (to be terminated in 1997) 92/0115 Extraction solvents used in the production of foodstuffs (deadlines for transposai: 01. 07. 93 and 01. 01. 94) Member States which have notified implementing measures: all. 93/0005 Scientific examination of questions relating to food Member States which have notified implementing measures: all except A. 93/0008 Plastic materials and articles intended to come into contact with foodstuffs Member States-which have notified implementing measures: all 93/0009 Plastic materials and articles intended to come into contact with foodstuffs Member States which have notified implementing measures: all 93/0010 Materials and articles of regenerated cellulose film intended to come into contact with foodstuffs Member States which have notified implementing measures: all Greece - 94/0991, no measures notified, Art. 169 letter in 1995, temiinated in 1996 181 93/0011 N-nitrosamines in rubber teats and soothers Member States which have notified implementing measures: all 93/0043 Hygiene of foodstuffs Member States which have notified implementing measures: DK, E, FIN, NL, A, P, S, UK reasoned opinion in 1996 reasoned opinion in 1996 Art. 169 letter in 1996, terminated in Belgium Germany Denmark Ireland Greece France Italy Luxembourg Portugal United Kingdom 96/0002, no measures notified, 96/0035, no measures notified, 96/0020, no measures notified, 1996 96/0107, no measures notified, 96/0049, no measures notified, 96/0088, no measures notified, 96/0126, no measures notified, 96/0145, no measures notified, 96/0173, no measures notified, (to be terminated in 1997) 96/0195, no measures notified, terminated in 1996 reasoned opinion in 1996 reasoned opinion in 1996 reasoned opinion in 1996 reasoned opinion in 1996 reasoned opinion in 1996 Art. 169 letter in 1996, Art. 169 letter in 1996, 93/0045 Nectars without addition of sugar or honey Member States which have notified implementing measures: all Italy - 94/0252, no measures notified, Art. 169 letter in 1994: reasoned opinion in 1995, terminated in 1996 93/0099 Foodstuffs - official control Member States which have notified implementing measures: all except F, I Belgium Denmark Germany - 95/0400, no measures notified, Art. 169 letter in 1995, terminated in 1996 - 95/0422, no measures notified, Art. 169 letter in 1995 terminated in 1996 - 95/0434- no measures notified, Art. 169 letter in 1995 tenninated in 1996 182 Greece France Ireland Italy Luxembourg Portugal LInited Kingdom 169 letter in 1995 169 letter in 1995, 95/0455, no measures notified, Art. 169 letter in 1995 terminated in 1996 94/0560,- no measures notified, Art 95/0525,, no measures notified, Art terminated in 1996 95/0546- no measures notified, Art. 95/0569- no measures notified, Art. terminated in 1996 95/0607- no measures notified, Art. 169 letter in 1995 terminated in 1996 95/0633- no measures notified, Art. 169 letter in 1995 terminated in 1996 169 letter in 1995 169 letter in 1995. 93/0102 Labelling of foodstuffs Member States which have notified implementing measures: all Belgium Ireland Italy - 95/0231, no measures notified, Art. 169 letter in 1995 terminated in 1996 - 95/0308, no measures notified, reasoned opinion in 1996, (to be terminated in 1997) - 95/0320- no measures notified, Art. 169 letter in 1995, terminated in 1996 United Kingdom - 95/0378- no measures notified, Art. 169 letter in 1995, teirninated in 1996 94/0035 Sweeteners in foodstuffs Member States which have notified implementing measures: all except B, D, F. Belgium Germany Denmark Greece Spain France Ireland no measures notified no measures notified no measures notified Art. 169 letter in 1996 Art. 169 letter in 1996 Art. 169 letter in 1996, terminated in 96/0006: 96/0038: 96/0023: 96 96/0053: no measures notified - Art. 169 letter in 1996 - terminated in 96 96/0072: no measures notified - Art. 169 letter in 1996 - terminated in 96 96/0091: 96/0110, in 96 Art. 169 letter in 1996 Art. 169 letter in 1996 - tenninated no measures notified no measures notified 183 Italy - 96/0129, no measures notified - Art. 169 letter in 1996 - terminated Luxembourg - 96/0148, no measures notified - Art. 169 letter in 1996 - terminated in 96 Portugal - 96/0178, no measures notified - Art. 169 letter in 1996 - terminated in 96 United Kingdom - 96/0199, no measures notified - Art. 169 letter in 1996 - terminated in 96 in 96 94/0036 Foodstuffs for human consumption - colouring matter Member States which have notified implementing measures: B (partial),DK, E, EL, FIN, IRL, I, L, NL, A, P, S, UK Belgium Germany Denmark Greece Spain France Ireland Italy Luxembourg Portugal United Kingdom 96/0007, no measures 96/0039, no measures 96/0024, no measures in 1996 96/0054, no measures in 1996 96/0073, no measures in 1996 96/0092, no measures 96/0011, no measures in 1996 96/0130, no measures in 1996 96/0148, no measures in 1996 96/0179, no measures terminated in 1997) 96/0200, no measures in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 (to be notified - Ait. 169 letter in 1996 -terminated 94/0052 Extraction solvents used in the production of foodstuffs Member States which have notified implementing measures: all except F, S Belgium Germany 96/0008, no measures notified - Ait. 169 letter in 1996 - terminated in 1996 96/0040, no measures notified - Art. 169 letter in 1996 - terminated in 1996 84 Denmark Greece Spain France Ireland Italy Luxembourg Portugal United Kingdom 96/0025, no measures in 1996 96/0055, no measures in 1996 96/0074, no measures in 1996 96/0093, no measures 96/0112, no measures in 1996 96/0131, no measures in 1996 96/0150, no measures in 1996 96/0180, no measures terminated in 1997) 96/0201, no measures 1996 notified - Art. 169 letter in 1996 - tenninated notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 - terminated notified notified Art. 169 letter Art. 169 letter in 1996 in 1996 -terminated notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 (to be notified - Art. 169 letter in 1996, terminated in 94/0054 Labelling of foodstuffs Member States winch have notified implementing measures: all except F, I, P Belgium Germany Denmark Spain France Ireland Italy Netherlands Portugal United Kingdom 95/0408, no measures notified in 1996 95/0441, no measures notified in 1996 95/0426, no measures notified in 1996 95/0490, no measures notified in 1996 95/0512, no measures notified opinion (to be sent in 1997) 95/0531, no measures notified tenninated in 1997) 95/0554, no measures notified 95/0594, no measures notified in 1996 95/0619, no measures notified 95/0638, no measures notified 96 - Art. 169 letter in 1995 -terminated - Art. 169 letter in 1995 -terminated - Art. 169 letter in 1995 -terminated - Art. 169 letter in 1995 -terminated - Art. 169 letter in 1995 -reasoned - Art. 169 letter in 1995 (to be - reasoned opinion in 1996 - Art. 169 letter in 1996 - tenninated - reasoned opinion in 1996 - Art. 169 letter in 1996 tenninated in 85 95/0002 Additives in foodstuffs other than colours and sweeteners Member States which have notified implementing measures: DK, EL, FIN, I, L, NL, A, S, UK No mfringement proceedings 95/0003 Plastic materials and articles intended to come into contact with foodstuffs Member States which have notified implementing measures: DK, E, FIN, IRL, I, NL, A, S, UK Belgium Germany Greece France Ireland Italy Luxembourg Netherlands Portugal Austria Finland Sweden 96/0232: no measures 96/0249: no measures 96/0265: no measures 96/0284: no measures 96/0298: no measures in 1996 96/0307: no measures terminated in 1997) 96/0320: no measures 96/0331: no measures in 1996 96/0341: no measures 96/0475: no measures terminated in 1997) 96/0492: no measures in 1996 96/0498: no measures in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 (to be notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 (to be notified - Art. 169 letter in 1996 - tenninated notified - Art. 169 letter in 1996 - terminated 95/0031 Specific criteria of purity for sweeteners Member States which have notified implementing measures: DK, E, EL, I, NL, A, S, UK No infringement proceedings 186 95/0045 Specific criteria of purity for sweeteners Member States which have notified implementing measures: DK, E, EL, NL, A, P, S, UK No infringement proceedings 96/0003 Hygiene of foodstuffs Member States which have notified implementing measures: DK, E, FIN, NL, S Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Portugal United Kingdom Austria Finland Sweden 96/0238: no measures 96/0246: no measures in 1996 96/0258: no measures 96/0273: no measures 96/0280: no measures in 1996 96/0292: no measures 96/0302: no measures 96/0313: no measures 96/0328: no measures 96/0347: no measures 96/0356: no measures 96/0483: no measures 96/0594: no measures terminated in 1997) 96/0505: no measures tenninated in 1997) notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 - terminated notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 - tenninated notified - Art. 169 letter in 1996 notified - Ait*. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 notified - Art. 169 letter in 1996 (to be notified - Art. 169 letter in 1996 (to be 96/0021 Labelling of foodstuffs Member States winch have notified implementing measures: EL, FIN, L, NL, A, UK No infringement proceedings 187 Pharmaceutical products 65/0065 Pharmaceutical products Member States which have notified implementing measures: all 66/0454 Pharmaceutical products Member States winch have notified implementing measures: all 75/0318 Pharmaceutical products, analytical standards and protocols Member States which have notified implementing measures: all 75/0319 Pharmaceutical products Member States which have notified implementing measures: all 78/0025 Medicinal products - colouring matter Member States which have notified implementing measures: all 81/0851 Veterinary medicinal products Member States which have notified implementing measures: all 81/0852 Veterinary medicinal products Member States which have notified implementing measures: all 83/0570 Proprietary medicinal products - multi-States procedure" Member States which have notified implementing measures: all 87/0019 Pharmaceutical products, analytical standards and protocols Member States which have notified implementing measures: all except A (partial) 87/0020 Veterinary medicinal products, analytical standards and protocols Member States which have notified implementing measures: all except A (partial) 87/0021 Pharmaceutical products Member States which have notified implementing measures: all 87/0022 High-technology medicinal products Member States which have notified implementing measures: all 89/0105 Prices of medicinal products Member States which have notified implementing measures: all 89/0341 Pharmaceutical products Member States which have notified implementing measures: all 89/0342 Immunological medicinal products Member States which have notified implementing measures: all 89/0343 Radiopharmaceuticals Member States which have notified implementing measures: all 189 89/0381 Medicinal products derived from human blood Member States which have notified implementing measures: all except A (partial) Austria - 96/0407, no measures notified, Art. 169 letter in 1996 90/0676 Veterinary medicinal products Member States which have notified implementing measures: all except F, P, UK. Ireland - 93/0276 no measures notified, Art. 169 letter in 1993, terminated in 1996 Portugal - 93/0438 no measures notified, reasoned opinion in 1996, (referral scheduled) 90/0677 Immunological veterinary medicinal products Member States which have notified implementing measures: all except F, UK. Ireland - 93/0592 no measures notified, reasoned opinion in 1996, tenninated in 1996 91/0356 Good manufacturing practice for medicinal products Member States winch have notified implementing measures: all 91/0412 Principles and guidelines of good manufacturing practice for veterinary medicinal products Member States which have notified implementing measures: all except F, P. France Ireland - 93/0921, no measures notified, reasoned opinion in 1996, (referral scheduled) - 93/0932 no measures notified, Art. 169 letter in 1993, tenninated in 1996 Portugal - 93/0944, no measures notified, reasoned opinion in 1996, (refen*al scheduled) 90 91/0507 Testing of medicinal products Member States which have notified implementing measures: all except A, F, LRL France France Austria Ireland - 92/0228 no measures notified, reasoned opinion in 1994, referral in 1996, Case C-23/96 - 95/0291 no measures notified, Art. 169 letter in 1995 - 96/0425, no measures notified, Art. 169 letter in 1996 - 95/0303, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent 92/0018 Veterinary medicinal products, analytical standards and protocols Member States which have notified implementing measures: all France Ireland - 93/0556 no measures notified, reasoned opinion in 1996, terminated in 1996 - 93/0563 no measures notified, reasoned opinion in 1996, terminated in 1996 92/0025 Wholesale distribution of medicinal products Member States winch have notified implementing measures: all Germany - 93/0084, no measures notified, reasoned opinion in 1994, tenninated Luxembourg - 93/0336, no measures notified, referral in 1995, terminated in 1996 in 1996 92/0026 Classification for the supply of medicinal products Member States which have notified implementing measures: all 92/0027 Labelling of medicinal products and package leaflets Member States which have notified implementing measures: all 191 92/0028 Advertising of medicinal products Member States which have notified implementing measures: all France - 93/0217 no measures notified, reasoned opinion in 1994, terminated in 1996 92/0073 Homeopathic medicinal products for human use Member States winch have notified implementing measures: all except B, F, IRL Belgium - 94/0014, no measures notified, Art. 169 letter in 1994, reasoned Greece Spain France Ireland opinion to be sent - 94/0119 no measures notified, Art. 169 letter in 1994, terminated in 1996 - 94/0143 no measures notified, Art. 169 letter in 1994, terminated in 1996 - 94/0176, no measures notified, reasoned opinion in 1996 - 94/0208, no measures notified. Art. 169 letter in 1994, reasoned opinion to be sent Luxembourg - 94/0275 no measures notified, Art. 169 letter in 1994, tenninated in 1996 Netherlands - 94/0309 no measures notified, Art. 169 letter in 1994, tenninated in 1996 Portugal - 94/0340 no measures notified, Art. 169 letter in 1994, terminated in 1996 92/0074 Homeopathic veterinary medicinal products Member States which have notified implementing measures: all except B, F, P, UK Belgium France Portugal - 94/0015, no measures notified, reasoned opinion in 1996, referral scheduled - 94/0177, no measures notified, reasoned opinion in 1996, referral scheduled - 94/0341, no measures notified, reasoned opinion in 1996, referral scheduled United Kingdom - 94/0375, no measures notified, reasoned opimon in 1996 192 93/0039 Medicines Member States which have notified implementing measures: all except D, I, LRL Germany Italy Ireland - 95/0251, no measures notified, reasoned opinion in 1996 - 95/0316, no measures notified, reasoned opinion in 1996 - 95/0304, no measures notified, reasoned opinion in 1996 93/0040 Veterinary medicinal products Member States which have notified implementing measures: all except D, EL, F, I, P. Germany Greece France Italy Portugal - 95/0252, no measures notified, reasoned opinion in 1996 - 95/0266, no measures notified, Art. 169 letter in 1995 - 95/0293, no measures notified, reasoned opinion in 1996 - 95/0317, no measures notified, Art. 169 letter in 1995 - 95/0358, no measures notified, reasoned opinion in 1996 93/0041 High-technology medicinal products Member States which have notified implementing measures: all 193 Chemicals 73/0404 Detergents Member States which have notified implementing measures: all 73/0405 Detergents Member States which have notified implementing measures: all 76/0116 Fertilizers Member States which have notified implementing measures: all 76/0769 Dangerous substances and preparations Member States which have notified implementing measures: all 77/0535 Fertilizers Member States which have notified implementing measures: all 78/0631 Labelling of dangerous preparations (pesticides) Member States which have notified implementing measures: all 79/0138 Fertilizers Member States which have notified implementing measures: all 79/0663 Dangerous substances and preparations Member States which have notified implementing measures: all 94 80/0876 Fertilizers Member States which have notified implementing measures: all 81/0187 Pesticides Member States which have notified implementing measures: all 82/0242 Detergents Member States winch have notified implementing measures: all 82/0243 Detergents Member States which have notified implementing measures: all 82/0806 Dangerous substances and preparations Member States winch have notified implementing measures: all 82/0828 Dangerous substances and preparations Member States which have notified implementing measures: all ' 83/0264 Dangerous substances and preparations Member States which have notified implementing measures: all 83/0478 Dangerous substances and preparations Member States which have notified implementing measures: all 84/0291 Dangerous preparations (pesticides) Member States which have notified implementing measures: all 195 85/0467 Dangerous substances and preparations Member States which have notified implementing measures: all 85/0610 Dangerous substances and preparations Member States which have notified implementing measures: all 87/0094 Fertilizers Member States which have notified implementing measures: all 87/0566 Fertilizers Member States which have notified implementing measures: all 88/0126 Fertilizers Member States which have notified implementing measures: all 88/0183 Liquid fertilizers Member States which have notified implementing measures: all 88/0379 Dangerous preparations Member States which have notified implementing measures: all. 89/0178 Labelling of dangerous preparations Member States which have notified implementing measures: all 89/0284 Fertilizers Member States which have notified implementing measures: all 196 89/0519 Fertilizers - sampling Member States which have notified implementing measures: all 89/0530 Fertilizers (oligo-elements) Member States which have notified implementing measures: all 89/0677 Dangerous substances and preparations Member States which have notified implementing measures: all 89/0678 Dangerous substances and preparations Member States which have notified implementing measures: all 90/0035 Packaging - child safety Member States which have notified implementing measures: all except A 90/0492 Labelling of dangerous preparations Member States which have notified implementing measures: all 91/0155 Dangerous preparations Member States which have notified implementing measures: all except A 91/0173 Dangerous substances and preparations Member States which have notified implementing measures: all. 197 91/0338 Dangerous substances and preparations Member States which have notified implementing measures: all except B, NL Belgium - 93/0024, no measures notified, reasoned opinion in 1995, referral Netherlands - 93/0390, no measures notified, reasoned opinion in 1996 scheduled 91/0339 Dangerous substances and preparations Member States which have notified implementing measures: all Belgium - 92/0665, no measures notified, reasoned opinion in 1993, terminated in 1996 91/0442 Child-resistant fastenings Member States which have notified implementing measures: all except A. 91/0659 Dangerous substances and preparations Member States which have notified implementing measures: all except B. Belgium - 93/0020, no measures notified, reasoned opinion in 1994, referral scheduled 92/0109 Narcotic drugs and psychotropic substances Member States winch have notified implementing measures: all except A, F, I. Spain France Italy - 93/0731, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, tenninated in 1996 - 93/0755, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, referral scheduled - 93/0800, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, referral scheduled 198 93/0001 Methods of sampling and analysis for fertilizers Member States which have notified implementing measures: all Germany - 94/0415, no measures notified, Art. 169 letter in 1994, terminated in 1996 93/0015 Placing on the market and supervision of explosives for civil uses (deadline for transposai: 30. 09. 93 and 30. 06. 94) Member States which have notified implementing measures: B, DK, L, NL, P, UK, S, A. Germany - 94/0616 and 94/0649, no measures notified, Art. 169 letter in 1994, Greece - 94/0699, no measures notified, Art. 169 letter in 1994, (to be reasoned opinion to be sent tenninated) - 94/0425, no measures notified, Art. 169 letter in 1994, (to be terminated) Spain France - 94/0437 and 94/0663, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent - 94/0676, no measures notified, Art. 169 letter in 1994, (to be terminated) - 94/0449, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent Italy - 94/0468, no measures notified, Art. 169 letter in 1994, (to be tenninated) - 94/0721, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent 93/0018 Dangerous-preparations Member States which have notified implementing measures: A, B, DK, D, E, F, FIN, EL, L, NL, UK, S Ireland Italy- - 94/0856, no measures notified, Art. 169 letter in 1995, reasoned opimon to be sent - 94/0875, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent Netherlands - 94/0912, no measures notified, Art. 169 letter in 1995, tenninated in 1996 199 Portugal - 94/0932, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent 93/0046 Drugs - precursors Member States which have notified implementing measures: B, D, DK, E, F, FIN, EL, I, IRL, L, NL, P, S, UK France Italy - 94/0450, no measures notified, Art. 169 letter in 1994, (to be terminated) - 94/0469, no measures notified, Art. 169 letter in 1994, terminated in 1996 93/0069 Fertilizers Member States which have notified implementing measures: A, D, DK, E, FIN, LRL, I, L, NL, P, S,UK Belgium - 94/0520, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent Germany - 94/0792, no measures notified, Art. 169 letter in 1994, terminated in 1996 France Greece - 94/0792, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent - 94/0792, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent 93/0112 System of specific information for dangerous preparations Member States which have notified implementing measures: all except E, I. Spain Italy - 95/0288, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent - 95/0321, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent Portugal - 95/0363, no measures notified, Art. 169 letter in 1995 200 94/0060 Restrictions on the marketing of dangerous substances (CMT/aerôsols/solvents/creosote) Member States which have notified implementing measures: A, FIN, S, D, DK, EL, L, NL Belgium France Greece Ireland Italy - 96/0010, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent - 96/0095, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent - 96/0058, no measures notified, Art. 169 letter in 1996, (to be terminated) - 96/0115, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent - 96/0134, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 95/0008 Fertilizers Member States which have notified implementing measures: DSC, IRL, I, NL,B, A, S, FIN France Greece Ireland Italy - 96/0098, no measures notified, Art. 169. letter in 1996, reasoned opinion to be sent - 96/0061, no measures notified, Art. 169 letter in 1996, reasoned opimon to be sent - 96/0117, no measures notified, Art. 169 letter in 1996, (to be terminated) - 96/0136, no measures notified, Art. 169 letter in 1996, tenninated in 1996 Luxembourg - 96/0154, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 20 Motor vehicles, tractors and motorcycles 70/0156 Type-approval of motor vehicles Member States which have notified implementing measures: all 70/0157 Sound level of motor vehicles Member States which have notified implementing measures: all 70/0220 Air pollution from engines Member States winch have notified implementing measures: all 70/0221 Fuel tanks Member States which have notified implementing measures: all 70/0222 Mounting of motor-vehicle registration plates Member States which have notified implementing measures: all 70/0311 Steering equipment for motor vehicles Member States which have notified implementing measures: all 70/0387 Doors of motor vehicles Member States which have notified implementing measures: all 70/0388 Audible warning devices for motor vehicles Member States which have notified implementing measures: all 202 71/0127 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 71/0320 Braking devices of motor vehicles Member States which have notified implementing measures: all 72/0245 Radio interference from engines Member States which have notified implementing measures: all 72/0306 Emission of pollutants from diesel engines Member States which have notified implementing measures: all 73/0350 Sound level of motor vehicles Member States which have notified implementing measures: all 74/0060 Interior fittings of motor vehicles Member States winch have notified implementing measures: all 74/0061 Devices to prevent the unauthorized use of motor vehicles Member States which have notified implementing measures: all 74/0132 Braking devices of motor vehicles Member States which have notified implementing measures: all 74/0150 Type-approval of tractors Member States which have notified implementing measures: all 203 74/0151 Characteristics of tractors Member States which have notified implementing measures: all 74/0152 Maximum speed of tractors Member States which have notified implementing measures: all 74/0290 Air pollution from engines Member States which have notified implementing measures: all 74/0297 Interior fittings of motor vehicles Member States which have notified implementing measures: all 74/0346 Rear-view mirrors of tractors Member States winch have notified implementing measures: all 74/0347 Windscreen wipers of tractors Member States which have notified implementing measures: all 74/0408 Interior fittings of motor vehicles Member States which have notified implementing measures: all 74/0483 External projections of motor vehicles Member States which have notified implementing measures: all 75/0321 Steering equipment of tractors Member States which have notified implementing measures: all 204 75/0322 Radio interference from tractors Member States which have notified implementing measures: all 75/0443 Reverse equipment of motor vehicles Member States which have notified implementing measures: all 75/0524 Braking devices of motor vehicles Member States which have notified implementing measures: all 76/0114 Motor-vehicle registration plates Member States which have notified implementing measures: all 76/0115 Safety belts Member States which have notified implementing measures: all 76/0432 Braking devices of tractors Member States winch have notified implementing measures: all 76/0756 Lighting and light-signalling devices on motor vehicles Member States which have notified implementing measures: all 76/0757 Reflex reflectors for motor vehicles Member States which have notified implementing measures: all 76/0758 Lamps for motor vehicles Member States which have notified implementing measures: all 205 76/0759 Lamps for motor vehicles Member States winch have notified implementing measures: all 76/0760 Registration-plate lamps for motor vehicles Member States which have notified implementing measures: all 76/0761 Headlamps for motor vehicles Member States which have notified implementing measures: all 76/0762 Lamps for motor vehicles Member States which have notified implementing measures: all 76/0763 Seats for tractors Member States winch have notified implementing measures: all 77/0102 Air pollution from engines Member States which have notified implementing measures: all 77/0143 Roadworthiness tests for motor vehicles Member States which have notified implementing measures: all 77/0212 Sound level of motor vehicles Member States which have notified implementing measures: all 77/0311 Sound level of tractors Member States which have notified implementing measures: all 206 77/0389 Motor-vehicle towing devices Member States which have notified implementing measures: all 77/0536 Roll-over protection of tractors Member States which have notified implementing measures: all 77/0537 Emission of pollutants from diesel engines Member States which have notified implementing measures: all 77/0538 Lamps for motor vehicles Member States which have notified implementing measures: all 77/0539 Lamps for motor vehicles Member States which have notified implementing measures: all 77/0540 Lamps for motor vehicles Member States winch have notified implementing measures: all 77/0541 Safety belts Member States winch have notified implementing measures: all 77/0649 Driver's field of vision in motor vehicles Member States which have notified implementing measures: all 78/0315 Type-approval of motor vehicles Member States which have notified implementing measures: all 207 78/0316 Interior fittings of motor vehicles Member States which have notified implementing measures: all 78/0317 Defrosting systems of motor vehicles Member States which have notified implementing measures: all 78/0318 Windscreen wipers of motor vehicles Member States which have notified implementing measures: all 78/0507 Motor-vehicle registration plates Member States winch have notified implementing measures: all 78/0547 Type-approval of motor vehicles Member States which have notified implementing measures: all 78/0548 Heating of motor vehicles Member States which have notified implementing measures: all 78/0549 Wheels of motor vehicles Member States which have notified implementing measures: all 78/0632 Interior fittings of motor vehicles Member States which have notified implementing measures: all 78/0665 Air pollution from engines Member States which have notified implementing measures: all 208 78/0764 Driver's seat on tractors Member States which have notified implementing measures: all 78/0932 Head restraints of seats of motor vehicles Member States which have notified implementing measures: all 78/0933 Lighting on tractors Member States which have notified implementing measures: all 78/1015 Sound level of motorcycles Member States which have notified implementing measures: all 79/0488 External projections of motor vehicles Member States which have notified implementing measures: all 79/0489 Braking devices of motor vehicles Member States winch have notified implementing measures: all 79/0490 v Fuel tanks of motor vehicles Member States which have notified implementing measures: all 79/0532 Lighting on tractors Member States which have notified implementing measures: all 79/0533 Coupling device of tractors Member States which have notified implementing measures: all 209 79/0622 Roll-over protection of tractors Member States which have notified implementing measures: all 79/0694 Type-approval of tractors Member States which have notified implementing measures: all 79/0795 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 79/1073 Sound level of tractors Member States which have notified implementing measures: all 80/0233 Lighting on motor vehicles Member States which have notified implementing measures: all 80/0720 Doors and windows of tractors Member States which have notified implementing measures: all 80/0780 Rear-view mirrors of two-wheeled motor vehicles Member States which have notified implementing measures: all 80/1267 Type-approval of motor vehicles Member States which have notified implementing measures: all 80/1268 Fuel consumption of motor vehicles Member States which have notified implementing measures: all 210 80/1269 Engine power of motor vehicles Member States which have notified implementing measures: all 80/1272 Rear-view mirrors of motor vehicles (motorcycles) Member States which have notified implementing measures: all 81/0333 Fuel tanks of motor vehicles Member States which have notified implementing measures: all 81/0334 Sound level of motor vehicles Member States winch have notified implementing measures: all 81/0575 Safety belts Member States which have notified implementing measures: all 81/0576 Safety belts Member States which have notified implementing measures: all , 81/0577 Interior fittings of motor vehicles Member States which have notified implementing measures: all 81/0643 Driver's field of vision on motor vehicles Member States winch have notified implementing measures: all 211 82/0244 Lighting on motor vehicles Member States which have notified implementing measures: all 82/0318 Safety belts Member States which have notified implementing measures: all 82/0319 Safety belts Member States which have notified implementing measures: all 82/0890 Tractors Member States which have notified implementing measures: all 82/0953 Roll-over protection of tractors Member States which have notified implementing measures: all 83/0190 Driver's seat on tractors Member States which have notified implementing measures: all 83/0276 Lighting and light-signalling devices on motor vehicles Member States winch have notified implementing measures: all 83/0351 Air pollution from engines Member States which have notified implementing measures: all 84/0008 Lighting and light-signalling devices on motor vehicles Member States which have notified implementing measures: all 212 84/0372 Sound level of motor vehicles Member States which have notified implementing measures: all 84/0424 Sound level of motor vehicles Member States which have notified implementing measures: all 85/0205 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 85/0647 Braking devices of motor vehicles Member States which have notified implementing measures: all 86/0297 Power take-offs of tractors Member States which have notified implementing measures: all 86/0298 Roll-over protection of tractors Member States which have notified implementing measures: all 86/0415 Controls of tractors Member States which have notified implementing measures: all 86/0562 Rear-view mirrors of motor vehicles Member States winch have notified implementing measures: all 87/0056 Sound level of motorcycles Member States which have notified implementing measures: all 213 87/0358 Type-approval of motor vehicles Member States which have notified implementing measures: all 87/0402 Roll-over protection of tractors Member States which have notified implementing measures: all 87/0403 Type-approval of motor vehicles Member States winch have notified implementing measures: all 87/0405 Sound power level of tower cranes Member States which have notified implementing measures: all. 88/0076 Air pollution from motor vehicles Member States which have notified implementing measures: all 88/0077 Emissions from diesel engines Member States which have notified implementing measures: all 88/0194 Braking devices of motor vehicles Member States winch have notified implementing measures: all 88/0195 Engine power of motor vehicles Member States which have notified implementing measures: all 88/0297 Type-approval of tractors Member States which have notified implementing measures: all 214 88/0321 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 88/0366 Driver's field of vision in motor vehicles Member States which have notified implementing measures: all 88/0410 Characteristics of tractors Member States which have notified implementing measures: all 88/0411 Steering equipment of tractors Member States winch have notified implementing measures: all 88/0412 Maximum speed of tractors Member States which have notified implementing measures: all 88/0413 Roll-over protection of tractors Member States which have notified implementing measures: all 88/0414 Doors and windows of tractors Member States winch have notified implementing measures: all 88/0436 Particulate emissions from diesel engines Member States which have notified implementing measures: all 88/0465 Driver's seat on tractors Member States which have notified implementing measures: all 215 89/0173 Characteristics of tractors Member States winch have notified implementing measures: all 89/0235 Sound level of motorcycles Member States which have notified implementing measures: all. 89/0277 Lamps for motor vehicles Member States which have notified implementing measures: all 89/0278 Lighting on motor vehicles Member States which have notified implementing measures: all 89/0297 Lateral protection of motor vehicles Member States which have notified implementing measures: all 89/0458 Emissions from motor vehicles Member States which have notified implementing measures: all 89/0491 Sound level of motor vehicles Member States winch have notified implementing measures: all 89/0516 Lamps for motor vehicles Member States winch have notified implementing measures: all 89/0517 Headlamps for motor vehicles Member States which have notified implementing measures: all 216 89/0518 Fog lamps for motor vehicles Member States which have notified implementing measures: all 89/0680 Protection structures - tractors Member States which have notified implementing measures: all 89/0681 Protection structures - tractors Member States which have notified implementing measures: all 89/0682 - tractors Protection structures Member States which have notified implementing measures: all 90/0628 Safety belts Member States which have notified implementing measures: all 90/0629 Safety belts Member States which have notified implementing measures: all 90/0630 Driver's field of vision in motor vehicles Member States which have notified implementing measures: all 91/0226 Spray-suppression systems of motor vehicles Member States which have notified implementing measures: all 91/0328 Roadworthiness tests for motor vehicles and their trailers Member States which have notified implementing measures: all 217 91/0422 Braking devices of motor vehicles Member States which have notified implementing measures: all 91/0441 Emissions from motor vehicles Member States which have notified implementing measures: all. 91/0542 Gas emissions from diesel engines Member States which have notified implementing measures: all 91/0662 Interior fittings of motor vehicles Member States which have notified implementing measures: all. 91/0663 Lighting and light-signalling devices on motor vehicles Member States which have notified implementing measures: all. 92/0021 Masses and dimensions of motor vehicles Member States which have notified implementing measures: all. 92/0022 Glazing on motor vehicles Member States which have notified implementing measures: all. 92/0023 Tyres for motor vehicles Member States which have notified implementing measures: all. 92/0024 Speed limitation devices Member States which have notified implementing measures: all 218 92/0053 Type-approval of motor vehicles Member States which have notified implementing measures: all 92/0061 Type-approval of two- and three-wheel motor vehicles Member States which have notified implementing measures: all 92/0062 Steering equipment for motor vehicles Member States which have notified implementing measures: all 92/0097 Permissible sound level and the exhaust system of motor vehicles Member States which have notified implementing measures: all 92/0114 Cabs of motor vehicles of category N Member States which have notified implementing measures: all 93/0014 Braking systems of two- and three-wheel motor vehicles Member States winch have notified implementing measures: all except S 93/0029 Identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except S 93/0030 Audible warning devices for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except S 219 93/0031 Stands for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except S 93/0032 Passenger hand-holds for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except S 93/0033 Devices to prevent unauthorized use of two- or three-wheel motor vehicles Member States which have notified implementing measures: all except S. 93/0034 Statutory markings for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except S 93/0059 Air pollution by emissions from motor vehicles Member States which have notified implementing measures: all 93/0081 Type-approval of motor vehicles Member States winch have notified implementing measures: all 93/0091 Interior fittings of motor vehicles Member States winch have notified implementing measures: all 93/0092 Lighting and light-signalling devices of two- or three-wheeled motor vehicles Member States winch have notified implementing measures: all except S 93/0093 Masses and dimensions of two- or three-wheeled motor vehicles Member States which have notified implementing measures: all except S 220 93/0094 Mounting of registration plate for two- or three-wheeled motor-vehicles Member States which have notified implementing measures: all except S 93/0116 Fuel consumption of motor vehicles. Member States which have notified implementing measures: all 94/0012 Pollution by emissions from motor vehicles Member States which have notified implementing measures: all except EL Greece - 94/0974,no measures notified, Art. 169 letter in 1995 and reasoned opinion in 1996 94/0020 Motor vehicles Member States winch have notified implementing measures: all 94/0053 Identification of motor vehicles Member States which have notified implementing measures: all Belgium Portugal - 95/240 no measures notified, Art. 169 letter in 1995, terminated in 1996 - 95/372 no measures notified, Art. 169 letter in 1995, tenninated in United Kingdom - 95/386 no measures notified, Art. 169 letter in 1995, terminated in 1996 1996 94/0068 Windscreen wiper and washer systems of motor vehicles Member States which have notified implementing measures: all except A 94/0078 Wheel guards of motor vehicles Member States which have notified implementing measures: all except A 221 95/0001 Torque and net engine power of two-and tliree-wheeled motor vehicles Member States which have notified implementing measures: all except A, DK, D, NL, P, S, UK Austria Denmark Germany Netherlands Portugal Sweden United Kingdom 96/1079 no measures notified, Art. 96/0878 no measures notified, Art. 96/0888no measures notified, Art. 96/1030 no measures notified, Art. 96/1041 no measures notified, Art. 96/1128 no measures notified, Art. 96/1066 no measures notified, Art. 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 95/0028 Burning behaviour Member States which have notified implementing measures: all except A, EL, L, NL, P, UK 0 ?7 95/0048 Weights and dimensions of category Ml motor vehicles Member States which have notified implementing measures: all except A, D, NL, UK Austria Germany Spain Ireland Italy Netherlands Portugal Sweden United Kingdom 96/0481,no measures notified, Art. 96/0254,no measures notified, Art. 96/0278, no measures notified, Art. terminated in 1997) 96/0300, no measures notified, Art. 96/0311, no measures notified, Art. terminated in 1997) 96/0335, no measures notified, Art. 96/0344, no measures notified, Art. terminated in 1997) 96/0503, no measures notified, Art. terminated in 1997) 96/0353, no measures notified, Art. terminated in 1997) 169 letter in 1996 169 letter in 1996 169 letter in 1996 (to be 169 letter in 1996 169 letter in 1996 (to be 169 letter in 1996 169 letter in 1996 (to be 169 letter in 1996 (to be 169 letter in 1996 (to be 95/0056 Devices to prevent the unauthorized use of motor vehicles Member States which have notified implementing measures: all except A, I, L, UK Austria Germany Spain France Ireland Italy Luxembourg Netherlands Portugal Sweden United Kingdom 96/0482 no measures 96/0255 no measures terminated in 1997) 96/0279 no measures tenninated in 1997) 96/0289 no measures terminated in 1997) 96/0301 no measures tenninated in 1997) 96/0346 no measures 96/0325 no measures 96/0336 no measures tenninated in 1997) 96/0346 no measures tenninated in 1997) 96/0504 no measures tenninated in 1997) 96/0354 no measures notified, Art. notified. Art. 169 letter in 1996 169 letter in 1996 (to be notified, Art. 169 letter in 1996 (to be notified, Art. 169 letter in 1996 (to be notified, Art. 169 letter in 1996 (to be notified, Art. notified, Art. notified, Art. 169 letter in 1996 169 letter in 1996 169 letter in 1996 (to be notified, Art. 169 letter in 1996 (to be notified, Art. 169 letter in 1996 (to be notified, Art. 169 letter in 1996 223 96/0001 Emissions - Small diesel engines Member States which have notified implementing measures: B, DK, E, FIN, IRL, I, NL, S Austria Germany Greece France Portugal United Kingdom 96/1091 no 96/0900 no 96/0926 no 96/0967 no 96/1057 no 96/1073 no 1997) measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 96/0020 Sound level of motor vehicles Member States which have notified implementing measures: B, DK, FIN, F, IRL, I, NL, S Austria Germany Greece Spain Luxembourg Portugal United Kingdom 96/1097 no measures notified, Art. 96/0905 no measures notified, Art. 96/0931 no measures notified, 169 letter (to be sent in 1997) 169 letter (to be sent in 1997) Art. 169 letter (to be sent in 1997) 96/0949 no measures notified, Art. 96/1026 no measures notified, Art. 1997) 96/1061 no measures notified, Art. 96/1074 no measures notified, Art. 1997) 169 letter (to be sent in 1997) 169 letter (to be sent in 169 letter (to be sent in 1997) 169 letter (to be sent in 96/0027 Lateral protection of occupants of motor vehicles Member States which have notified implementing measures: B, IRL, I, S 96/0036 Safety belts and restraint systems of motor vehicles Member States which have notified implementing measures: DK, F, IRL, I 96/0037 Interior fittings of motor vehicles (resistance of seats and their anchorages) Member States winch have notified implementing measures: B, F, IRL, I 224 96/0038 Anchorages for motor-vehicle safety belts Member States which have notified implementing measures: B, F, IRL, I 96/0044 Emissions from motor vehicles Member States which have notified implementing measures: B, FIN, I 96/0063 Braking devices of wheeled agricultural or forestry tractors Member States which have notified implementing measures: F 96/0064 Motor-vehicle towing devices Member States which have notified implementing measures: F 96/0069 Emissions - Light utility vehicles 225 Construction products 89/0106 Construction products Member States which have notified unplementing measures: DK, D, E, EL, F, FIN, IRL, I, L, NL, P, S, UK. Belgium Austria - 92/0026, no measures notified, reasoned opinion in 1993, referral in 1996, Case C-96/263 - 96/0404, no measures notified, Art. 169 letter in 1996 226 Machinery 69/0493 Crystal glass Member States which have notified implementing measures: all except FIN, S 71/0316 Measuring instruments Member States which have notified implementing measures: all 71/0317 Medium accuracy weights Member States which have notified implementing measures: all 71/0318 Gas volume meters Member States which have notified implementing measures: all 71/0319 Meters for liquids Member States which have notified unplementing measures: all 71/0347 Measuring of grain Member States winch have notified implementing measures: all 71/0348 Meters for liquids Member States winch have notified implementing measures: all 71/0349 Calibration of the tanks of vessels Member States which have notified implementing measures: all except S 227 72/0427 Measuring instruments Member States which have notified implementing measures: all 73/0023 Electrical equipment - low tension Member States which have notified implementing measures: all 73/0360 Weighing instruments Member States which have notified implementing measures: all except A; S 73/0361 Marking of wire-ropes, chains and hooks Member States which have notified implementing measures: all 73/0362 Measures of length Member States which have notified implementing measures: all 74/0148 Weights of above-medium accuracy Member States which have notified implementing measures: all 74/0331 Gas volume meters Member States which have notified implementing measures: all except FIN 75/0033 Water meters Member States which have notified implementing measures: all 75/0106 Prepackaged liquids Member States which have notified implementing measures: all 228 75/0107 Bottles used as measuring containers Member States which have notified implementing measures: all 75/0324 Aerosols Member States which have notified implementing measures: all 75/0410 Continuous totalizing weighing machines Member States which have notified implementing measures: all except FLN 76/0117 Electrical equipment Member States which have notified implementing measures: all 76/0211 Prepackaged products Member States which have notified implementing measures: all 76/0434 Marking of wire-ropes, chains and hooks Member States winch have notified implementing measures: all 76/0696 Non-automatic weighing machines Member States which have notified implementing measures: all except A, S 76/0764 Thennometers Member States winch have notified implementing measures: all 76/0765 Alcoholometers Member States which have notified implementing measures: all 229 76/0766 Alcohol tables Member States which have notified implementing measures: all 76/0767 Pressure vessels Member States which have notified implementing measures: all 76/0891 Electrical energy meters Member States which have notified implementing measures: all 77/0095 Taximeters Member States which have notified implementing measures: all except S 77/0313 Measuring of liquids Member States which have notified implementing measures: all except S 78/0365 Gas volume meters Member States winch have notified implementing measures: all 78/0629 Measures of length Member States winch have notified implementing measures: all 78/0891 Prepackaging Member States which have notified implementing measures: all 78/1031 Automatic checkweighing machines Member States which have notified implementing measures: all except S 230 79/0196 Electrical equipment Member States which have notified implementing measures: all 79/0830 Water meters Member States winch have notified implementing measures: all 79/1005 Prepackaged liquids Member States which have notified implementing measures: all 80/0181 Units of measurement Member States winch have notified implementing measures: all 80/0232 Prepackaged products Member States which have notified implementing measures: all 82/0621 Electrical energy meters Member States which have notified implementing measures: all 82/0622 Weighing instruments Member States which have notified implementing measures: all 82/0623 Gas volume meters Member States winch have notified implementing measures: all except S 82/0624 Alcoholometers Member States winch have notified implementing measures: all except S 231 82/0625 Measuring systems for liquids Member States which have notified implementing measures: all except S 83/0128 Cluneal thermometers - mercury Member States winch have notified implementing measures: all except S 83/0575 Measuring instruments Member States winch have notified implementing measures: all 84/0047 Electrical equipment Member States winch have notified implementing measures: all 84/0414 Thermometers Member States which have notified implementing measures: all except S 84/0525 Steel gas cylinders Member States which have notified implementing measures: all 84/0526 Aliuninium gas cylinders Member States which have notified implementing measures: all 84/0527 Welded steel gas cylinders Member States which have notified implementing measures: all 84/0528 Lifting appliances Member States which have notified implementing measures: all 0 ^9 84/0529 Electrically-operated lifts Member States which have notified implementing measures: all 84/0532 Construction plant Member States which have notified implementing measures: all 84/0539 Electro-medical equipment Member States which have notified implementing measures: A, B, DK, D, EL, E, F, IRL, I, L, NL, P, UK. 85/0001 Units of measurement Member States which have notified implementing measures: all 85/0010 Prepackaged liquids Member States which have notified implementing measures: all 85/0146 Measures of length Member States which have notified implementing measures: all 86/0096 Prepackaging Member States which have notified implementing measures: all 86/0217 Pressure gauges Member States which have notified implementing measures: all except S 233 86/0295 Construction plant Member States which have notified implementing measures: all 86/0296 Construction plant Member States which have notified implementing measures: all 86/0312 Electrically-operated lifts Member States which have notified implementing measures: all 86/0663 Self-propelled industrial trucks Member States which have notified implementing measures: all 87/0354 Industrial products - distinctive numbers and letters Member States which have notified implementing measures: all 87/0355 Measuring instruments Member States which have notified implementing measures: all 87/0356 Prepackaged products Member States which have notified implementing measures: all 87/0404 Pressure vessels Member States which have notified implementing measures: all Italy - 93/4069, not properly applied, reasoned opimon in 1994, terminated in 1996 234 88/0316 Prepackaged liquids Member States which have notified implementing measures: all 88/0320 Good laboratory practice Member States which have notified implementing measures: all except UK and A Spain - 90/509, no measures notified, referral in 1993, Case C-93/268, judgment in 1994, tenninated in 1996 88/0571 Electrical equipment Member States which have notified implementing measures: all 88/0665 Attestations and certificates Member States which have notified implementing measures: all 89/0240 Self-propelled industrial trucks Member States which have notified implementing measures: all 89/0336 Electromagnetic compatibility Member States which have notified implementing measures: all except IRL Ireland- - 92/0793, no measures notified, reasoned opinion in 1993, referral in 1994- Case C-94/240 -judgment in 1995, Art. 171 letter in 1996 89/0392 Machinery Member States winch have notified implementing measures: all Italy - 92/0328, no measures notified, referral in 1994 - Case C-94/182 judgment in 1995 - tenninated in 1996 23 89/0617 Units of measurement Member States winch have notified implementing measures: all except E Spain - 92/0157, no measures notified, suppl. reasoned opinion in 1994 89/0676 Prepackaged liquids Member States which have notified implementing measures: all 89/0686 Personal protective equipment Member States which have notified implementing measures: all 90/0018 Good laboratory practice Member States which have notified implementing measures: all except UK 90/0384 Weighing instruments Member States which have notified implementing measures: all 90/0385 Active implantable medical devices Member States which have notified implementing measures: A, FIN, S, DK, D, F, LRL, I, L, NL, UK, EL, E, P Belgium - 92/0657, no measures notified, reasoned opinion in 1993, referral in 1994 - Case C-95/239 -judgment in 1996 - Art. 171 letter m 1996 90/0396 Gas appliances Member States which have notified implementing measures: all 236 90/0486 Electrically-operated lifts Member States which have notified implementing measures: all. 90/0487 Electrical equipment Member States which have notified implementing measures: all. 90/0488 Pressure vessels Member States which have notified implementing measures: all 91/0368 Machinery (amendment) Member States which have notified implementing measures: all Italy - 92/0368; no measures notified, reasoned opinion in 1993, referral in 1994 -Case C-94/182, judgment in 1995 - tenninated in 1996 92/0031 Electromagnetic compatibility (amendment) Member States which have notified implementing measures: A, B, DK, D, F, FIN, I, L, NL, UK, EL, E, P, S Ireland - 92/0815, no measures notified, reasoned opinion in 1993, referral in 1994 - Case C-94/240, judgment in 1995 - Art. 171 letter in 1996 237 93/0042 Medical devices Member States which have notified implementing measures: all except B Belgium - 94/0784, no measures notified, reasoned opinion in 1995, referral in 1996-Case C-96/294 Luxembourg - 94/0901, no measures notified, reasoned opinion in 1995, terminated in 1996 Italy - 94/0878, no measures notified, reasoned opinion in 1995,(to be terminated in 1997) 93/0044 Machinery (amendment) Member States which have notified implementing measures: all Germany - 94/0812, no measures notified, reasoned opinion in 1995, terminated Greece France Italy in 1996 - 94/0986, no measures notified, reasoned opimon in 1995, terminated in 1996 - 94/0839, no measures notified, reasoned opinion in 1995, terminated in 1996 - 94/0879, no measures notified, reasoned opinion in 1995, tenninated in 1996 Luxembourg - 94/0902, no measures notified, reasoned opinion in 1995, terminated in 1996 93/0068 EC labelling Member States which have notified implementing measures: DK, FIN, UK Belgium Denmark Germany G reece Spain - 94/0789, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) - 94/0802, no measures notified, Art. 169 letter in 1995, (to be tenninated in 1997) - 94/0815, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) - 94/0981, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) - 94/0830, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) 238 France Italy Ireland - 94/0844, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) - 94/0883, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) - 94/0861, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) Netherlands - 94/918, no measures notified, Art. 169 letter in 1995, reasoned opinion (to be sent in 1997) Portugal - 94/0941, no measures notified, Art. 169 letter in 1995, reasoned United Kingdom - 94/0963, no measures notified, Art. 169 letter in 1995, (to be opinion (to be sent in 1997) terminated in 1997) 93/0095 Personal protective equipment Member States which have notified implementing measures: B, DK, D, EL, E, F, LRL, L, NL, A, P, FIN, S, UK Germany - 94/0418, no measures notified, reasoned opinion in 1995, tenninated in 1996 France Italy - 94/0451, no measures notified, reasoned opinion in 1995, tenninated in 1996 - 94/0470, no measures notified, reasoned opinion in 1995, 94/0001 Aerosol dispensers Member States winch have notified implementing measures: all except I, S Germany - 94/0820, no measures notified, reasoned opinion in 1995, tenninated in 1996 Italy - 94/0891, no measures notified, reasoned opinion in 1995, referral (scheduled for 1997) United Kingdom - 94/0971, no measures notified, reasoned opinion in 1995, tenninated in 1996 239 94/0009 Electrical equipment in explosive atmosphere Member States which have notified implementing measures: DK, EL, E, F, L, NL, A, P, FIN, S, UK Belgium Germany Italy Ireland Netherlands - 95/0672, no measures notified, Art. 169 letter in 1995 - 95/0679, no measures notified, Art. 169 letter in 1995 - 95/0701, no measures notified, Art. 169 letter in 1995 - 95/0696, no measures notified, Art. 169 letter in 1995 - 95/0710, no measures notified, Art. 169 letter in 1995, terminated in 1996 94/0011 Labelling of materials used in footwear Member States which have notified implementing measures: all except L Belgium - 96/0230, no measures notified, Art. 169 letter in 1996, (to be Ireland France Italy tenninated in 1997) - 96/0297, no measures notified, Art. 169 letter in 1996, (to be terminated in 1997) - 96/0282, no measures notified, Art. 169 letter in 1996, (to be tenninated in 1997) - 95/0702, no measures notified, Art. 169 letter in 1995, terminated in 1996 Luxembourg - 96/0317 ,no measures notified, Art. 169 letter in 1996, 94/0025 Recreational craft Member States which have notified implementing measures: DK, D, EL, F, I, NL, A, FIN, S, UK Belgium Ireland Portugal Spain Luxembourg Greece notified, Art. notified, Art. notified, Art. notified. Art. 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996, reasoned 96/0005, no measures 96/0109, no measures 96/0177, no measures 96/0071, no measures opinion to be sent 96/0147, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 96/0052, no measures notified, Art. 169 letter in 1996, (to be tenninated) 240 United Kingdom - 96/0198, no measures notified, Art. 169 letter in 1996, (to be tenninated) Italy - 96/0128, no measures notified, Art. 169 letter in 1996, (to be terminated) Netherlands - 96/0163, no measures notified, Art. 169 letter in 1996, terminated in 1996 France - 96/0090, no measures notified, Art. 169 letter in 1996, terminated in 1. 996 Germany Denmark - 96/0037, no measures notified, Art. 169 letter in 1996, terminated in 1996 - 96/0022, no measures notified, Art. 169 letter in 1996, terminated in 1996 94/0026 Electrical equipment in explosive atmosphere (amendment 79/196) Member States which have notified implementing measures: all except IRL Belgium - 95/0237, no measures notified, Art. 169 letter in 1995, terminated in Spain Greece 1996 - 95/0289, no measures notified, Art. 169 letter in 1995 tenninated in 1996 - 95/0275, no measures notified, Art. 169 letter in 1995 terminated in 1996 Ireland Luxembourg - 95/0310, no measures notified, reasoned opimon in 1996 - 95/0342, no measures notified, reasoned opinion in 1995, tenninated in 1996 Portugal - 95/0369, no measures notified, reasoned opinion in 1995, terminated in 1996 United Kingdom - 95/0383, no measures notified, Art. 169 letter in 1995, terminated in 1996 95/0054 Electromagnetic compatibility Member States which have notified implementing measures: all except A, F, S Belgium Denmark Spain - 96/0018 no measures notified, Art. 169 letter and terminated in 1996 - 96/0032 no measures notified, Art. 169 letter and terminated in 1996 - 96/0086 no measures notified, Art. 169 letter and terminated in 1996 241 France Ireland Netherlands Portugal United Kingdom 96/0105 no measures notified, Art. 169 letter in 1996 and reasoned opinion (to be sent in 1997) 96/0124 no measures notified, Art 96/0170 no measures notified, Art 96/0193 no measures notified, Art 96/0212 no measures notified, Art 169 letter and terminated in 1996 169 letter and terminated in 1996 169 letter and terminated in 1996 169 letter and terminated in 1996 Free movement - special arrangements 91/0477 Acquisition and possession of weapons Member States which have notified implementing measures: all except FIN Finland - 96/0580, no measures notified, Art. 169 letter in 1996 (reasoned opimon to be sent in 1977) 93/0007 Return of cultural objects unlawfully removed from the. territory of a Member State Member States winch have notified implementing measures: all except D, EL, I, L, A Germany - 94/0532, no measures notified, reasoned opinion in 1996 (to be tenninated in 1977) Belgium Greece Italy Luxembourg - 94/0518, no measures notified, reasoned opimon in 1996 - 94/0546, no measures notified, reasoned opinion in 1996 - 94/0569, no measures notified, reasoned opinion in 1996 - 94/0578, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996 Austria - 96/0443, no measures notified, Art. 169 letter in 1996 (reasoned opinion to be sent in 1977) 242 Liability for defective products 85/0374 Liability for defective products Member States which have notified implementing measures: all except F France United Kingdom - 89/0146, no measures notified, reasoned opinion ( 171 ) in 1995 - 89/0153, not properly implemented, referral in 1995 243 - Persons Right of residence 64/0221 Public policy and public health Member States which have notified implementing measures: all 73/0148 Movement and residence of nationals of the Member States Member States which have notified implementing measures: all 90/0364 Right of residence Member States winch have notified implementing measures: all except D Germany - no measures notified, referral in 1995 90/0365 Right of residence of employees and self-employed persons who have ceased their occupationa Member States wliich have notified implementing measures: all except D activity Germany - no measures notified, referral in 1995 90/0366 Right of residence for students (directive annulled by the Court of Justice. See Directive 93/96 which replaces it) 93/0096 Right of residence for students Member States which have notified implementing measures: all except D Germany - no measures notified, reasoned opinion in 1995 244 Voting rights 93/0109 Right to vote and stand as candidate for elections to European Parliament for Union citizens residing in a Member State of which they are not nationals Member States which have notified implementing measures: all 94/0080 (amended by 96/0030) Right to vote and stand as candidate for municipal elections for Union citizens residing in a Member State of which they are not nationals Member States which have notified implementing measures: DK, D, IRL, I, L, NL, P, UK Belgium Germany Greece Spain France Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 96/0012, no measures 96/0043, no measures 1996 96/0097, no measures 96/0079, no measures suspended 96/0097, no measures 96/013 5, no measures 1996 96/0153, no measures terminated in 1996 96/0166, no measures 1996 96/0474, no measures 96/0185, no measures 1996 96/0591, no measures 96/0497, no measures 96/0206, no measures in 1996 notified, reasoned opimon in 1996 notified, Art. 169 letter in 1996, terminated in notified, reasoned opinion in 1996 notified, reasoned opinion to be sent, notified, reasoned opimon in 1996 notified, Art. 169 letter in 1996, tenninated in notified, Art. 169 letter sent in 1996, notified, Art. 169 letter in 1996, tenninated in notified, reasoned opinion to be sent notified, Art. 169 letter in 1996, tenninated in notified, reasoned opimon to be sent notified, reasoned opinion to be sent notified, reasoned opinion in 1996, terminated 245 Recognition of qualifications 63/0261 Freedom of establishment for agricultural workers Member States which have notified implementing measures: all 63/0262 Freedom of establishment in agriculture - holdings abandoned " Member States which have notified implementing measures: all 64/0222 Wholesale trade and intermediaries in commerce, industry and small craft industries (transitional Member States winch have notified implementing measures: all measures) 64/0223 Freedom of establishments - wholesale trade Member States winch have notified implementing measures: all 64/0224 Freedom of establishment - intermediaries in commerce, industry and small craft industries Member States winch have notified implementing measures: all 64/0427 Processing industries (Transitional measures) Member States winch have notified implementing measures: all 64/0428 Freedom of establishment - Mining and quarrying Member States which have notified implementing measures: all 64/0429 Freedom of establishment - processing industries Member States which have notified implementing measures: all except A 246 65/0001 Freedom to provide services - agriculture Member States which have notified implementing measures: all 66/0162 Freedom of establishment - electricity, gas, water and sanitary services Member States which have notified implementing measures: all 67/0043 Freedom of establishment - real estate agents Member States which have notified implementing measures: all 67/0530 Freedom for farmers to transfer from one holding to another Member States which have notified implementing measures: all 67/0531 Agricultural leases Member States winch have notified implementing measures: all 67/0532 Agriculture - freedom of access to cooperatives Member States which have notified implementing measures: all 67/0654 Freedom of establishment - forestry Member States which have notified implementmg measures: all 68/0192 Freedom of access to credit for farmers Member States winch have notified implementing measures: all 247 68/0363 Freedom of establishment - retail trade Member States which have notified implementing measures: all 68/0364 Retail trade (transitional measures) Member States which have notified implementing measures: all 68/0365 Freedom of establishment - food-manufacturing industries Member States which have notified implementing measures: all 68/0366 Food-manufacturing industries Member States which have notified implementing measures: all Spain - 91/2377, not properly implemented, Art. 169 letter in 1993, reasoned opinion in 1996 68/0367 Freedom of establishment - personal services Member States which have notified implementing measures: all 68/0368 Personal services (catering) (transitional measures) Member States which have notified implementing measures: all 68/0369 Freedom of establishment - film distribution Member States which have notified implementing measures: all 68/0415 Freedom of access to aid for fanners Member States which have notified implementing measures: all 248 69/0082 Activities of the self-employed in oil and gas exploration Member States which have notified implementing measures: all 70/0451 Freedom of establishment - film production Member States which have notified implementing measures: all 70/0522 Freedom of establishment - wholesale coal trade Member States which have notified implementing measures: all 70/0523 Wholesale coal trade (transitional measures) Member States which have notified implementing measures: all 71/0018 Freedom of establishment - agriculture and horticulture Member States which have notified implementing measures: all 74/0556 Toxic products (transitional measures) Member States winch have notified implementing measures: all 74/0557 Freedom of establishment - toxic products Member States which have notified implementing measures: all 75/0362 (*) Mutual recognition of medical qualifications Member States wliich have notified implementing measures: all Spain - 90/0981, not properly implemented, reasoned opinion in 1991, suspended in 1992, and in 1993, suppl. Art. 169 letter in 1996 (*) This Directive was consolidated by Directive 93/16 249 75/0363 (*) Activities of doctors Member States which have notified implementing measures: all (*) This Directive was consolidated by Directive 93/16 75/0368 Freedom of establishment - various activities * Member States which have notified implementing measures: all 75/0369 Freedom of establishment - itinerant activities Member States which have notified implementing measures: all 77/0249 Lawyers Member States which have notified implementing measures: all 77/0452 Mutual recognition of qualifications - nurses Member States winch have notified implementing measures: all United Kingdom - 91/4846, not properly applied, terminated in 1996 77/0453 Activities of nurses Member States winch have notified implementing measures: all Spain - 91/4352, not properly applied, Art. 169 letter in 1993, suppl. Art. 169 letter in 1994, immediate action (suppl. Ait. 169 letter) in 1995 and in 1996 250 78/0686 Dentists Member States which have notified implementing measures: all Germany - 87/434, not properly applied, reasoned opinion in 1992, referral Spain Italy decided in 1993, immediate action (referral) in 1996 - 90/411, not properly applied, reasoned opinion in 1992, postponed in 1996 - 90/412, not properly applied, referral in 1993, judgment in 1995 (Case C-93/40), postponed in 1996 78/0687 Dentists Member States which have notified implementing measures: all Spain Italy - 90/411, not properly applied, reasoned opinion in 1992, postponed in 1996 - 90/412, not properly applied, referral in 1993, judgment in 1995, (Case C-93/40), postponed in 1996" 78/1026 Veterinary surgeons Member States which have notified implementing measures: all 78/1027 Veterinary surgeons Member States winch have notified implementing measures: all 80/0154 Mutual recognition of qualifications - midwives Member States winch have notified implementing measures: all 80/0155 Activities of midwives Member States which have notified implementing measures: all. 51 81/1057 Acquired rights - doctors, nurses, dentists and veterinary surgeons Member States which have notified implementing measures: all 80/1273 Mutual recognition of qualifications - midwives Member States which have notified implementing measures: all 82/0076 (*) Doctors Member States which have notified implementing measures: all (*) This Directive was consolidated by Directive 93/16 82/0470 Services incidental to transport Member States which have notified implementing measures: all 82/0489 Hairdressers Member States which have notified implementing measures: all 85/0384 Architects Member States which have notified implementing measures: all Spain Italy - 90/0349, not properly implemented, referral in 1992, immediate action (referral) in 1996 - 94/0003, not properly implemented, Art. 169 letter in 1994, reasoned opinion in 1995, tenninated in 1996 252 85/0432 Pharmacists Member States which have notified implementing measures: all Italy - 91/820, not properly applied, referral in 1994 (Case C-94/307), Belgium - 88/0265, not properly implemented, tenninated in 1996 postponed in 1996 85/0433 Pharmacists Member States which have notified implementing measures: all 85/0584 Pharmacists Member States which have notified implementing measures: all 85/0614 Architects Member States winch have notified implementing measures: all Spain - 90/0349, not properly implemented, reasoned opimon in 1992, suspended (referral) in 1993, immediate action (referral) in 1996 86/0017 Architects Member States winch have notified implementing measures: all Spain - 90/0349, not properly implemented, reasoned opinion in 1992, suspended (referral) in 1993, immediate action (referral) in 1996 86/0457 (*) Training in general medicine Member States which have notified implementing measures: all Germany - 91/0787, not properly applied, Ait. 169 letter in 1991, suppl. Art. 169 letter in 1993, terminated in 1996 (*) This Directive was consolidated by Directive 93/16 253 89/0048 Recognition of qualifications higher education Member States which have notified implementing measures: all except EL and A. Belgium Greece - 91/653, no measures notified, referral in 1994, judgment in 1995 (Case C-94/316), Art. 171 letter in 1996, terminated in 1996 - 91/668, no measures notified, reasoned opinion in 1992, referral in 1994, judgment in 1995 (Case C-93/365), Art. 171 letter in 1996 (Art. 171 reasoned opimon to be sent) 89/0594 Recognition of qualifications - doctors, nurses, dentists, veterinary surgeons, midwives Member States which have notified implementing measures: all except E and P Spain France - 92/154, no measures notified, reasoned opinion in 1995, referral in 1996, tenninated in 1996 - 92/2292, not properly implemented, reasoned opimon decided in Portugal - 92/512, no measures notified, reasoned opinion in 1995, terminated 1994, referral in 1996 in 1996 89/0595 Recognition of qualifications - nurses Member States which have notified implementing measures: all except UK United Kingdom - 92/534, no measures notified, suspended (reasoned opinion) in 1993, immediate action (reasoned opinion) in 1995, postponed in 1996 :54 90/0658 (*) Recognition of qualifications -Gennan unification Member States which have notified unplementing measures: DK, D, EL, F, IRL, I, L, NL Belgium - 92/0055, no measures notified, reasoned opinion in 1994, postponed in 1995, terminated in 1996 Spain - 92/0175, no measures notified, reasoned opinion in 1993, referral in 1995 Portugal - 92/487, no measures notified, reasoned opinion in 1993, terminated in 1996 United Kingdom - 92/551, no measures notified, suspended (reasoned opinion) in 1993, immediate action (reasoned opinion) in 1995, postponed in 1996 (*) This Directive was consolidated by Directive 93/16 92/0051 Mutual recognition of diplomas - second general system Member States which have notified implementing measures: all except EL Belgium Greece - 94/0623, no measures notified, reasoned opinion in 1995, referral in 1996, suspended - 94/0702, no measures notified, reasoned opimon in 1995 (referral scheduled for 1997 94/0038 Amendment of Annexes C and D to Directive 92/51 Implementing measures not required in some countries winch have already transposed Directive 92/51 Belgium Germany Greece France Italy Portugal United Kingdom 95/0030, no measures notified, postponed in 1996 95/0051, no measures notified, tenninated in 1996 95/0074, no measures notified, reasoned opinion in 1996 95/0107, no measures notified, tenninated in 1996 95/0140, no measures notified, postponed in 1996 95/0187, no measures notified, reasoned opinion in 1996 95/0209, no measures notified, terminated in 1996 95/0043 Amendment of Annexes C and D to Directive 92/51 Implementing measures not requiied in some countries which have already transposed Directive 92/51/CEE 255 Independent commercial agents 86/0653 Independent commercial agents Member States which have notified implementing measures: all Ireland Italy Portugal United Kingdom - 94/2287, not properly implemented, Art. 169 letter in 1995 - 95/2178, not properly implemented, Art. 169 letter in 1996 - 95/2304, not properly implemented, Art. 169 letter in 1996 - 91/4846, not properly implemented, terminated in 1996 256 - Services Audiovisual media 89/552 Television without frontiers Member States which have notified implementing measures: all Belgium United Kingdom United Kingdom Netherlands France - 92/2159, not properly implemented, referral in 1995, Case C-l 1/95 judgment du 10. 09. 1996 - 92/2167, not properly implemented, referral in 1994, Case C-222/94, judgment du 10. 09. 1996 - 92/4089, not properly applied, referral in 1995 (scheduled) - 92/2165, not properly implemented, reasoned opinion in 1995 - 92/2164, not properly implemented, suppl. reasoned opimon in 1996 (to be sent) - 92/2163, not properly implemented, reasoned opinion in 1994, tenninated in 1996 - 95/4452, not properly applied, reasoned opinion in 1996 (to be sent) - 93/2158, not properly implemented, reasoned opinion in 1994 - 92/2166, not properly implemented, reasoned opinion in 1994 - 92/2168, not properly implemented, suppl. reasoned opimon in 1996 (to be sent) Ireland Greece Greece Portugal Italy Telecommunications 87/0372 Cellular communications - frequency bands to be reserved Member States which have notified implementing measures: all 90/0387 Telecoinmunications - open network provision (ONP) Member States which have notified implementing measures: all. 257 90/0544 Frequency bands for radio paging Member States which have notified implementing measures: all 91/0263 Telecommunications tenninal equipment Member States which have notified implementing measures: DK, D, E, F, I, NL, P, UK Belgium - 92/0966, no measures notified, Art. 169 letter in 1992, Greece Ireland referral in 1994 - Case C-94/218 - 92/0975, no measures notified, Art. 169 letter in 1992, referral in 1994 - Case C-94/260 - 92/0985, no measures notified, Art. 169 letter in 1992, referral in 1994 Luxembourg - 92/0994, no measures notified, Art. 169 letter in 1992, referral in 1994 91/0287 Cordless telecommunications - frequency bands Member States winch have notified implementing measures: all 92/0044 Application of open network provision to leased lines Member States winch have notified implementing measures: B, DK, D, F, IRL, I, NL, P, UK. Greece Spain Luxembourg - 93/0712, no measures notified, referral in 1994-Case C-94/259 - 93/0725, no measures notified, referral in 1994-Case C-94/266 - 93/0816, no measures notified, referral in 1994-Case C-94/220 93/0097 Satellite Earth-station equipment Member States winch have notified implementing measures: DK, D, F, UK. Belgium Greece Spain Ireland Italy Luxembourg 95/0399, no 95/0453, no 95/0479, no 95/0524, no 95/0544, no 95/0567, no measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Ait. 169 letter in 1995 169 letter in 1995 169 letter in 1995 169 letter in 1995 169 letter in 1995 169 letter in 1995 258 Netherlands Portugal Austria - 95/0588, no measures notified, Art. 169 letter in 1995 - 95/0605, no measures notified, Art. 169 letter in 1995 - 96/0458, no measures notified, Art. 169 letter in 1996 95/0047 Standards for the transmission of television signals 96/0870, 96/0882, 96/1072, 96/1089, 96/0923, 96/0985, 96/1054, 96/0966, 96/1021, 96/0899, 96/1004, 96/0946, 96/1113, 96/1127, 96/1043, no measures no measures no measures no measures no measures no measures no measures no measures no measures no measures no measures no measures no measures no measures no measures notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified. Art. 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 in 1996 Belgium Denmark United Kingdom Austria Greece Ireland Portugal France Luxembourg Germany Italy Spain Finland Sweden Netherlands Financial services 64/0225 ' Freedom of establishment Member States winch have notified implementing measures: all 72/0166 First Directive on insurance for motor vehicles Member States which have notified implementing measures: all 73/0183 Freedom of establishment for banks Member States winch have notified implementing measures: all 259 73/0239 First Directive on insurance other than life assurance Member States which have notified implementing measures: all 77/0092 Freedom of establishment - insurance brokers Member States winch have notified implementing measures: all Luxembourg - 92/2284, not properly applied, reasoned opinion in 1995, referral in Greece - 91/0775, not properly applied, reasoned opinion in 1994 1996, terminated in 1996 77/0780 First Directive on the coordination of banking laws Member States winch have notified implementing measures: all 78/0473 Community co-insurance Member States winch have notified implementing measures: all 79/0267 First Directive on life assurance Member States which have notified implementing measures: all 79/0279 Admission of securities to stock-exchange listing Member States which have notified implementing measures: all 80/0390 Admission of securities to stock-exchange listing - particulars to be pubhshed Member States which have notified implementing measures: all 82/0121 Information to be published regularly by companies Member States winch have notified implementing measures: all 260 84/0005 Second Directive on motor-vehiçle insurance Member States which have notified implementing measures: all Spain - 95/2048, not properly applied, reasoned opinion in 1996 84/0641 Tourist assistance Member States which have notified implementing measures: all 85/0611 Undertakings for collective investment Member States winch have notified implementing measures: all 86/0635 Annual accounts of banks Member States which have notified implementing measures: all Italy - 96/2021, not properly applied, Art. 169 letter in 1996 87/0343 Credit insurance and suretyship insurance Member States which have notified implementing measures: all 87/0344 Legal-expenses insurance Member States which have notified implementing measures: all 87/0345 Admission of securities to stock-exchange listing - particulars to be pubhshed Member States which have notified implementing measures: all 88/0220 Investment policy of certain undertakings for collective investment in transferable securities Member States which have notified implementing measures: all 261 88/0357 Second Directive on insurance other than life assurance Member States which have notified implementing measures: all Greece - 90/0631, no measures notified, referral (C-94/207) in 1994, judgment du 29. 6. 95, terminated in 1996 88/0627 Major holdings in a listed company Member States which have notified implementing measures: all 89/0117 Publication of accounting documents of credit institutions Member States which have notified implementing measures: all 89/0298 Prospectuses for transferable securities on offer to the public Member States which have notified implementing measures: all 89/0299 Own funds of credit institutions Member States winch have notified implementing measures: all 89/0592 Insider dealing Member States winch have notified implementing measures: all 89/0646 Second banking Directive Member States which have notified implementing measures: all 89/0647 Solvency ratio for credit institutions Member States which have notified implementing measures: all 262 90/0211 Admission of securities to stock-exchange listing - particulars to be pubhshed Member States which have notified implementing measures: all 90/0232 Third Directive on insurance for motor vehicles Member States which have notified implementing measures: all except B Belgium Spain - 93/0033, no measures notified, reasoned opinion in 1996 - 93/0200, no measures notified, reasoned opinion in 1994, referral in 1995, withdrawn in 1996 90/0618 Insurance of motor vehicles Member States which have notified implementing measures: all Greece Spain - 92/0606, no measures notified, referral in 1994 (Case C-l09/94), judgment du 29. 6. 95, tenninated in 1996 - 92/0592, no measures notified, referral in 1994 (Case C-47/94), judgment du 6. 4. 95, terminated in 1996 90/0619 Second Directive on life assurance Member States which have notified implementing measures: all Greece Spain - 92/0974, no measures notified, referral in 1994 (Case C-225/94), judgment du 29. 6. 95, terminated in 1996 - 92/0981, no measures notified, referral in 1994 (Case C-242/94), judgment du 12. 10. 95, terminated in 1996 91/0308 Money laundering Member States which have notified implementing measures: all Austria - 95/2121, not properly implemented, reasoned opimon in 1996 263 91/0371 Implementation of the agreement between the EEC and Switzerland on insurance Member States which have notified implementing measures: all except E Greece Spain Ireland - 93/0916, no measures notified, reasoned opinion in 1994, referral in 1996, withdrawn in 1996 - 93/0917, no measures notified, reasoned opinion in 1994, referral in 1995 (Case C-360/95) - 93/0931, no measures notified, reasoned opinion in 1994, referral in 1995, withdrawn in 1996 Luxembourg - 93/0939, no measures notified, reasoned opimon in 1994, referral in 1995, withdrawn in 1996 91/0633 Own funds of credit institutions Member States which have notified implementing measures: all 91/0674 Annual accounts of insurance undertakings Member States which have notified implementing measures: all except E, I Belgium - 94/0008, no measures notified, reasoned opinion in 1994, referral in Greece Spain Ireland Italy 1995, tenninated in 1996 - 94/0125, no measures notified, reasoned opimon in 1994, referral in 1996, withdrawn in 1996 - 94/0136, no measures notified, Art. 169 letter in 1994, reasoned opinior in 1996 - 94/0202, no measures notified, reasoned opimon in 1994, referral in 1995, withdrawn in 1996 - 94/0234, no measures notified, reasoned opinion in 1994, suspended in 1995, referral in 1996 92/0030 Supervision of credit institutions Member States which have notified implementing measures: all except A 264 92/0049 Third Directive on insurance odier than life assurance Member States which have notified implementing measures: all except E Belgium Germany Greece Spain France - 95/2112, not properly applied (reasoned opinion to be sent in 1997) - 94/4124, not properly applied, Art. 169 letter in 1994 - 94/0124, no measures notified, reasoned opimon in 1994, referral in 1995, withdrawn in 1996 - 94/0140, no measures notified, reasoned opinion in 1994, referral in 1996 - 95/2046, not properly implemented (reasoned opimon to be sent in 1997) 92/0096 Third Directive on life assurance Member States winch have notified implementing measures: all except EL and E Greece Spain France - 94/0116, no measures notified, reasoned opinion in 1994, referral in 1995, withdrawn in 1996 - 94/0145, no measures notified, reasoned opimon in 1994 (referral scheduled for 1997) - 95/2046, not properly implemented (reasoned opinion to be sent in 1997) 92/0121 Large exposures of credit institutions Member States which have notified implementing measures: all 93/0006 Capital adequacy Member States which have notified implementing measures: all except D Germany - 96/0034, no measures notified, reasoned opimon in 1996 265 93/0022 Investment services Member States which have notified implementing measures: all except D, E, EL, L and A Belgium - 95/0392, no measures notified, Art. 169 letter in 1995, terminated in 1996 Denmark - 95/0420, no measures notified, Art. 169 letter in 1995, terminated in 1996 Germany - 95/0431, no measures notified, Art. 169 letter in 1995, reasoned opinioi: Greece Spain France Italy in 1996 (referral scheduled for 1997) - 95/0449, no measures notified, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) - 95/0475, no measures notified, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) - 95/0499, no measures notified, Art. 169 letter in 1995, terminated in 1996 - 95/0540, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Luxembourg Netherlands - 95/0566, no measures notified, Art. 169 letter in 1995 - 95/0586, no measures notified, Art. 169 letter in 1995, terminated in 1996 Portugal - 95/0602, no measures notified, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) United Kingdom - 95/0630, no measures notified, Art. 169 letter in 1995, terminated in 1996 94/0007 Multilateral Development Banks Member States which have notified implementing measures: all 94/0019 Deposit guarantee schemes Member States winch have notified implementing measures: all except D, L Germany Luxembourg - 94/0032, no measures notified, reasoned opimon in 1996 - 95/0572, no measures notified, reasoned opinion in 1996 266 95/0026 "Post-BCCI" Directive Member States winch have notified implementing measures: DK, Netherlands, A, P, FIN, S, UK Belgium Germany Greece Spain France Ireland Italy Luxembourg 96/0862, no measures notified (Art. 169 letter to be sent in 1997) 96/0890, no measures notified (Art. 169 letter to be sent in 1997) 96/0916, no measures notified (Art. 169 letter to be sent in 1997) 96/0941, no measures notified (Art. 169 letter to be sent in 1997) 96/0958, no measures notified (Art. 169 letter to be sent in 1997) 96/0980, no measures notified (Art. 169 letter to be sent in 1997) 96/0999, no measures notified (Art. 169 letter to be sent in 1997) 96/1015, no measures notified (Art. 169 letter to be sent in 1997) 96/0010 "Netting" Directive Member States which have notified implementing measures: all except EL, A and P96/0629 Greece - no measures notified,Art. 169 letter in 1996, to be sent 267 - Company law 68/0151 First Directive on company law Member States which have notified implementing measures: all except FIN Germany Finland - 90/0322, not properly applied, referral in 1995. - 96/0558, no measures notified, Art. 169 letter in 1996 77/0091 Second Directive Company law Member States which have notified implementing measures: all except FIN Finland - 96/0560, no measures notified, Art. 169 letter in 1996 78/0660 Annual accounts of companies Member States which have notified implementing measures: all except FLN Germany Portugal Finland - 90/0322, not properly applied, referral in 1995 - 96/2050, not properly applied, Art. 169 letter in 1996 - 96/0561, no measures notified, Art. 169 letter in 1996 78/0855 Company mergers Member States which have notified implementing measures: all except FLN Finland - 96/0562, no measures notified, Art. 169 letter in 1996 82/0891 Division of companies Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, A, P, UK. 268 83/0349 Consolidated accounts of companies Member States which have notified implementing measures: all except FLN Finland - 96/0567, no measures notified, Art. 169 letter in 1996 84/0253 Audit of accounting documents Member States which have notified implementing measures: all 89/0666 Disclosure requirements for company branches Member States which have notified implementing measures: all except FLN Finland - 96/0575, no measures notified, Art. 169 letter in 1996 89/0667 Single-member private limited companies Member States which have notified implementing measures: all except FLN Finland - 96/0576, no measures notified, Art. 169 letter in 1996 90/0604 Annual accounts - consolidated accounts: publication in ECUs Member States winch have notified implementing measures: all except FLN Finland - 96/0577, no measures notified, Art. 169 letter in 1996 90/0605 Annual accounts - consolidated accounts: scope of application Member States which have notified implementing measures: all except D and FLN Germany Finland - • 93/0108, no measures notified (referral scheduled for 1997) - 96/0578, no measures notified, Art. 169 letter in 1996 269 92/0101 Maintenance and alteration of the capital of public limited-habihty companies Member States which have notified implementing measures: B, DK, D, E, F, I, NL, A, P, S and UF Greece Ireland Luxembourg Portugal Finland - no measures notified, reasoned opinion in 1996 - 94/0458, no measures notified, reasoned opinion in 1995 - 94/0473, no measures notified, reasoned opinion in 1995 - 94/0489, no measures notified, terminated in 1996 - 96/0584, no measures notified, Art. 169 letter in 1996 270 - Intellectual and industrial property 87/0054 Legal protection of semi-conductor products Member States which have notified implementing measures: all 89/0104 Trade marks Member States which have notified implementing measures: all Belgium Ireland - 93/0038, no measures notified, Art. 169 letter in 1993, terminated in 1996 - 93/0289, no measures notified, Art. 169 letter in 1993, terminated in 1996 Luxembourg - 93/0369, no measures notified, Art. 169 letter in 1993, Netherlands tenninated in 1996 - 93/0404, no measures notified, Art. 169 letter in 1993, tenninated in 1996 91/0250 Legal protection of computer programs Member States which have notified implementing measures: all United Kingdom - 93/4459, not properly implemented, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) 92/0100 Rental and lending right Member States winch have notified implementing measures: all except LRL, I, P Ireland - 94/0855, no measures notified, Art. 169 letter in 1995 (easoned opinion to be sent in 1997) Luxembourg - 94/0894, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 (carried over to 1997) Portugal - 94/0927, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996 (referral scheduled for 1997) United Kingdom - 94/0952, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 (to be tenninated in 1997) 271 93/0083 Copyright relating to satellite broadcasting and cable retransmission Member States which have notified implementing measures: B, DK, E, F, I, NL, A, FIN, S, UK. Germany Greece France Ireland Italy Luxembourg Portugal United Kingdom 95/0047, no measures notified, Art. 169 opinion to be sent in 1997) 95/0065, no measures notified, Art. 169 in 1996 (referral scheduled for 1997) 95/0102, no measures notified, Art. 169 in 1996 (to be terminated in 1997) 95/0114, no measures notified, Art. 169 in 1996 (referral scheduled for 1997) 95/0132, no measures notified, Art. 169 in 1996 (to be terminated in 1997) 95/0147, no measures notified, Art. 169 in 1996 (to be terminated in 1997) 95/0177, no measures notified, Art. 169 in 1996 (referral scheduled for 1997) 95/0201, no measures notified, Art. 169 in 1996 letter in 1995 (reasoned letter in 1995, reasoned opinion letter in 1995, reasoned opinion letter in 1995, reasoned opinion letter in 1995, reasoned opinion letter in 1995, reasoned opinion letter in 1995, reasoned opinion letter in 1995, reasoned opinion 93/0098 Tenn of protection of copyright and certain related rights. Member States which have notified implementing measures: all except L, P France - 95/0502, no measures notified, Art. 169 letter in 1995 (to be termiiiated in 1997) Luxembourg - 95/0568, no measures notified, Art. 169 letter in 1995, reasoned opinion decided in 1996 (suspended in 1997) Portugal - 95/0606, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 (referral scheduled for 1997) 272 - Public procurement 71/0305 Public works contracts (amended by Directive 89/440) Member States which have notified implementing measures: all Spain - 90/0875, not properly implemented, terminated in 1996 » 77/0062 Public supply contracts (amended by Directive 88/0295) Member States which have notified implementing measures: all Spain - 90/0875, not properly implemented, terminated iii 1996 80/0767 Public supply contracts Member States which have notified implementing measures: all 88/0295 Public supply contracts (amending Directive 77/62) Member States which have notified implementing measures: all Italy Portugal - 92/4023, not properly implemented, terminated in 1996 - 94/2104, not properly implemented, reasoned opinion in 1996 89/0440 Public works contracts (amending Directive 71/305) Member States which have notified implementing measures: all Belgium - 93/2156, not properly implemented, reasoned opinion in 1994, suspended in 1995, suppl. Art. 169 letter in 1996 273 89/0665 Public contracts - review procedures Member States winch have notified implementing measures: all Germany - 95/2044, not properly implemented, Art. 169 letter in 1995, reasoned opinion in 1996 Greece Greece - 92/0271, no measures notified, referral in 1995 (Case C-95/236), judgment du 19. 9. 96 - 94/2153, not properly implemented, reasoned opinion in 1995, referral in 1996 Portugal - 94/2236, not properly implemented, reasoned opinion in 1995, suppl. Art. 169 letter/reasoned opinion in 1996 90/0531 Public contracts - excluded sectors Member States which have notified implementing measures: all except E (EL and P: derogation until 1998). United Kingdom - 94/2054, not properly implemented, Art. 169 letter in 1995, termination proposed in 1996 92/0013 Public contracts - review procedures (excluded sectors) Member States winch have notified implementing measures: all except E, A (EL and P: derogation until 1997) France Ireland Italy - 95/2082, not properly implemented, reasoned opimon in 1995 - 95/2083, not properly implemented, Art. 169 letter in 1995, terminated in 1996 - 95/2071, not properly implemented, Art. 169 letter in 1995, reasoned opimon in 1996 United Kingdom - 95/2084, not properly implemented, Art. 169 letter in 1995, reasoned opinion in 1996 92/0050 Public service contracts Member States winch have notified implementing measures: all except B, D, EL, F and A Belgium - 93/0628, no measures notified, reasoned opinion in 1995, referral in 1996 274 Belgium - 94/2289, not properly implemented, Art. 169 letter in 1995, reasoned Germany - 93/0676, no measures notified, reasoned opinion in 1994, refenal in. opinion in 1996 Greece France France 1995, judgment du 2. 5. 1996 - 93/0711, no measures notified, referral in 1995 (Case C-95/311 ), judgment du 2. 5. 1996 - 93/0744, no measures notified, referral in 1995 (Case C-95/234), judgment du 2. 5. 1996 - 95/2073, not properly implemented, reasoned opinion in 1995 93/0036 Public supply contracts Member States which have notified implementing measures: all except B, D, F, I and A Belgium Belgium - 94/0626, no measures notified, reasoned opimon in 1995, referral in 1996 - 94/2289, not properly implemented, Art. 169 letter in 1995, reasoned opinion in 1996 Germany - 94/0650, no measures notified, reasoned opinion in 1995, referral in 1996 France France Italy - 94/0677, no measures notified, reasoned opimon in 1995, refenal in 1995 - 95/2073, not properly implemented, reasoned opinion in 1995 - 94/0722, no measures notified, reasoned opimon in 1994, referral in 1996 93/0037 Public works contracts ( consolidation) The Member State are not required to notify measures implementing this directive Belgium France Italy - 94/2289, not properly implemented, Art. 169 letter in 1995, reasoned opinion in 1996 - 95/2073, not properly implemented reasoned opinion in 1995 - 94/4576, not properly implemented, reasoned opimon in 1996 275 93/0038 Public contracts - excluded sectors Member States which have notified implementing measures: all except D, F and A (E: derogation until 1997, EL and P: derogation until 1998) Germany - 94/0811, no measures notified, reasoned opinion in 1995, referral in 1996 Belgium France - 94/0783, no measures notified, referral in 1996* - 94/0838, no measures notified, reasoned opinion in 1995, referral in 1996 United Kingdom - 94/0957, no measures notified, reasoned opinion in 1995, termination * irifringement for incomplete transposai proposed in 1996 276 REMOVAL OF TAX BARRIERS Corporate taxation 69/0335 Tax system - Indirect taxes on the raising of capital Member States which have notified implementing measures: all Greece Italy - 9112193, not properly implemented, reasoned opinion in 1996 - 94/5101, not properly implemented (Art. 169 letter to be sent in 1997) 77/0799 Tax system - Mutual assistance - direct taxes Member States which have notified implementing measures: all United Kingdom - 92/2196, not properly implemented (Art. 169 letter to be sent in 1997) 90/0434 Tax system - Company mergers and divisions Member States which have notified implementing measures: all except EL Greece - 92/0603, no measures notified, reasoned opinion in 1994 (referral scheduled for 1997) 90/0435 Tax system - Parent companies and subsidiaries Member States which have notified implementing measures: all 277 Indirect taxes 67/0227 First VAT Directive Member States which have notified implementing measures: all 69/0169 Tax-free allowances for travellers Member States which have notified implementing measures: all Portugal - 91/2015, not properly apphed, reasoned opimon in 1995 77/0388 Sixth VAT Directive Member States which have notified implementing measures: all Germany Greece Greece Greece Spain Spain Spain Spain France France France France France France Ireland Italy Italy Italy Luxembourg Netherlands Portugal Portugal - 93/2142, not properly apphed, reasoned opinion in 1996 - 88/0199, not properly apphed, reasoned opinion in 1989 - 91/0778, not properly apphed, referral in 1994 - Case C-94/331 - 92/2233, not properly applied, reasoned opinion in 1995 - 90/003 3, not properly apphed, reasoned opimon in 1996 - 92/2073, not properly apphed, referral in 1996 - Case C-96/124 - 92/2232, not properly apphed, reasoned opinion in 1995 - 94/4684, not properly apphed, reasoned opinion in 1996 - 88/0053, not properly apphed, judgment in 1993 - Case C-92/68, suppl. Art. 169 letter 171 in 1996 - 88/0213, not properly apphed, reasoned opinion in 1989 - 91/0706, not properly applied, referral in 1996 - Case C-96/043 - 91/0798, not properly apphed, reasoned opinion in 1994 - 92/2069, not properly apphed, referral in 1996 - Case C-96/060 - 93/4391, not properly apphed, reasoned opinion in 1996 - 88/0200, not properly applied, reasoned opinion in 1989 - 92/2002, not properly apphed, referral in 1995 - Case C-95/45 - 92/2259, not properly applied, reasoned opinion in 1995 - 95/2038, not properly apphed, reasoned opimon in 1996 - 91/0738, not properly apphed, referral in 1996 - Case C-96/152 - 88/0201, not properly applied, reasoned opinion in 1989 - 90/0084, not properly apphed, reasoned opinion in 1996 - 92/2074, not properly apphed, reasoned opimon in 1994 278 Portugal United Kingdom - 93/2141, not properly applied, reasoned opinion in 1996 - 88/0202, not properly apphed, reasoned opimon in 1989 78/1035 Tax exemptions for small consignments Member States which have notified implementing measures: all 79/1070 Mutual assistance - direct taxes and VAT Member States which have notified implementing measures: all 79/1071 Mutual assistance - debts Member States which have notified implementing measures: all 79/1072 Eighth VAT Directive Member States which have notified implementing measures: all Spain France - 91 /4161, not properly apphed, referral in 1995 - Case C-95/16, tenninated in 1996 - 92/4607, not properly apphed, reasoned opinion in 1996 80/0368 Eleventh VAT Directive - French overseas departments Member States which have notified implementing measures: all 83/0181 VAT - final import of goods Member States which have notified implementing measures: all 83/0182 Tax exemptions on temporary import of means of transport Member States which have notified implementing measures: all 279 83/0183 Tax exemptions - permanent imports of personal property Member States which have notified implementing measures: all 84/0386 Tenth VAT Directive Member States which have notified implementing measures: all 85/0346 VAT - exemption of certain final imports of goods - fuel of utility vehicles Member States winch have notified implementing measures: all 85/0576 Tax exemptions for small consignments Member States which have notified implementing measures: all 86/0560 13th VAT directive - taxable persons not established in Community territory Member States which have notified implementing measures: all 88/0331 VAT - final import of goods Member States which have notified implementing measures: all 88/0664 Tax-free allowances Member States winch have notified implementing measures: all 89/0219 VAT - final import of goods Member States winch have notified implementing measures: all 89/0220 Exemptions - combined nomenclature Member States winch have notified implementing measures: all 280 89/0465 18th VAT Directive Member States which have notified implementing measures: all Italy Netherlands - 92/2242, not properly apphed, reasoned opimon in 1996 - 92/2241, not properly apphed, referral in 1996 - Case C-96/310 89/0604 Tax exemptions - permanent imports of personal property Member States which have notified implementing measures: all 91/0680 VAT - abolition of tax frontiers Member States which have notified implementing measures: all 92/0012 Arrangements for products subject to excise duty. Member States winch have notified implementing measures: all 92/0077 Approximation of VAT rates Member States winch have notified implementing measures: all. 92/0079 Taxes on cigarettes Member States winch have notified implementing measures: all 92/0080 Taxes on tobacco Member States which have notified implementing measures: all 92/0081 Excise duty on mineral oils Member States winch have notified implementing measiu-es: all 2S1 92/0082 Excise duty on mineral oils Member States which have notified implementing measures: all 92/0083 Excise duty on alcohol Member States which have notified implementing measures: all 92/0084 Excise duty on alcohol Member States which have notified implementing measures: all France - 95/2019, not properly applied, reasoned opimon in 1996 92/0108 Products subject to excise duties - Amendment to Directives 92/12/CEE and 92/81/CEE Member States which have notified implementing measures: all 92/0111 VAT - simplification measures Member States which have notified implementing measures: all. 94/0004 Tax-free allowances for travellers - imports and duty-free purchases Member States which have notified implementing measures: all - 94/0005 7th VAT directive - second-hand goods, works of art, collectors' items and antiques Member States winch have notified implementing measures: all Portugal - 95/0182, no measures notified, Art. 169 letter in 1995, tenninated in 1996 282 94/0074 Amendment Directives 92/12/CEE, 92/81/CEE and 92/82/CEE Member States winch have notified implementing measures: all Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Portugal United Kingdom 95/0412, no measures notified, Art. 1996 95/0428, no measures notified, Art. 1996 95/0442, no measures notified, Art. 1996 95/0468, no measures notified, Ait. 1996 95/0493, no measures notified, Ait. 1996 95/0515, no measures notified, Art. 1996 95/0534, no measures notified, Ait. 1996 95/0558, no measures notified, Art. 1996 95/0579, no measures notified, Art. 1996 95/0622, no measures notified, Art. 1996 95/0641, no measures notified, Art. 1996 169 letter in 1995, terminated in 169 letter in 1995, tenninated in 169 letter in 1995, tenninated in 169 letter in 1995, terminated in 169 letter in 1995, terminated in 169 letter in 1995, terminated in 169 letter in 1995, tenninated in 169 letter in 1995, terminated in 169 letter in 1995, terminated in 169 letter in 1995, tenninated in 169 letter in 1995, tenninated in 94/0075 Temporary derogation measures /amendment Directive 94/4/CE (addressed to: Germany and Austria) Member States winch have notified implementing measures: D and A 94/0076 VAT-measures in enlargement context Member States winch have notified implementing measures: all Belgium France - 95/0243, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0301, no measures notified, Art. 169 letter in 1995, tenninated in 1996 28: Italy - 95/0332, no measures notified, reasoned opimon in 1996, tenninated in 1996 Luxembourg - 95/0348, no measures notified, Art. 169 letter in 1995,terminated in 1996 Netherlands - 95/0356, no measures notified, reasoned opimon in 1996, tenninated in 1996 Portugal - 95/0375, no measures notified, reasoned opimon in 1996, terminated in 1996 95/0007 VAT- simplification measures -application of certain exemptions Member States winch have notified implementing measures: all except A and IT France Ireland Italy Austria Portugal Sweden - 96/0285, no measures notified, Art. 169 letter in 1996, tenninated in 1996 - 96/0299, no measures notified, Art. 169 letter in 1996, terminated in 1996 - 96/0308, no measures notified, Ait. 169 letter in 1996 - 96/0476, no measures notified, Art. 169 letter in 1996, to be tenninated in 1997 - 96/0342, no measures notified, Art. 169 letter in 1996, tenninated in 1996 - 96/0499, no measures notified, Art. 169 letter in 1996, tenninated in 1996 95/0059 Tobacco consolidation directives Member States winch have notified implementing measures: National unplementing measures not required 95/0060 Fiscal marking of gas oils and kerosene Member States winch have notified implementing measiu-es : National unplementmg measures not required 284 96/0042 VAT- horticulture and floriculture Member States which have notified implementing measures: FLN, IT, NL no measures no measures notified, notified, Art. 169 letter in 1996 Art. 169 letter in 1996, to be tenninated Belgium Denmark Germany Greece Spain France Ireland Luxembourg Austria Portugal Sweden United Kingdom 96/0876, 96/0886, in 1997 96/0907, 96/0933, 96/0951, 96/0973, 96/0993, 96/1028, 96/1069, 96/1063, 96/1133, 96/1075, no measures no measures no measures no measures no measures no measures no measures no measures no measures no measures notified, notified, notified, notified, notified, notified, notified, notified, notified, notified. Art. 169 Art. 169 Art. 169 Art. 169 Art. 169 Art. 169 Art. 169 Art. 169 Art. 169 Art. 169 letter in 1996 letter in 1996 letter in 1996 letter in 1996 letter in 1996 letter in 1996 letter in 1996 letter in 1996 letter in 1996 letter in 1996 285 2. CONSUMER PROTECTION AND PRODUCT SAFETY 71/0307 Textile names. Member States wliich have notified unplementing measures: all. 72/0276 Analysis of textile fibres. Member States which have notified implementing measures: all. 73/044 Analysis of textile fibres. Member States which have notified implementing measures: all. 76/0768 Cosmetics. Member States which have notified implementing measures: all. France Portugal Greece - 86/0390, not properly implemented, judgment 05. 05. 93, Case C- 91/246, Ait. 171 letter in 1995. - 90/0207, not properly implemented, reasoned opimon in 1992. - 92/4341, not properly implemented, reasoned opinion in 1996. 79/0076 Analysis of textile fibres. Member States winch have notified implementing measures: all. 79/0581 Indication of the prices of foodstuffs. Member States which have notified implementing measures: all. Luxembourg - 93/2045, not properly implemented, Ait. 169 letter in 1994. 286 80/1335 Cosmetics. Member States winch have notified unplementing measures: all. 81/0075 Analysis of textile fibres. Member States which have notified implementing measures: all. 82/0147 Cosmetics. Member States which have notified unplementing measures: all. 82/0368 Cosmetics. Member States which have notified implementing measures: all. 82/0434 Cosmetics. Member States which have notified implementing measures: all. 83/0191 Cosmetics. Member States which have notified implementing measures: all. 83/0341 Cosmetics. Member States wliich have notified implementing measures: all. 83/0496 Cosmetics. Member States which have notified implementing measures: all. 83/0514 Cosmetics. Member States which have notified implementing measures: all. 287 83/0574 Cosmetics. Member States which have notified implementing measures: all. 83/0623 Textile names. Member States which have notified implementing measures: all. 84/0415 Cosmetics. Member States wliich have notified implementing measures: all. 84/0450 Misleading advertising. Member States which have notified implementing measures: all. 85/0391 Cosmetics. Member States which have notified unplementmg measures: all. 85/0490 Cosmetics. Member States which have notified implementing measures: all. 85/0577 Contracts negotiated away from business premises. Member States wliich have notified unplementmg measures: all. Belgium - 91/0212, not properly implemented, reasoned opinion in 1993, referral scheduled for 1997. Luxembourg - 93/2047, not properly implemented, reasoned opinion in 1996. 86/0179 Cosmetics. Member States which have notified implementing measures: all. 288 86/0199 Cosmetics. Member States winch have notified implementing measures: all. 87/0102 Consumer credit. Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, A, P, FIN, S, UK. 87/0137 Cosmetics. Member States winch have notified implementing measures: all. 87/0140 Textile names. Member States winch have notified implementing measures: all. 87/0143 Cosmetics. Member States wliich have notified implementing measures: all. 87/0184 Analysis of textile fibres. Member States wliich have notified unplementing measures: all. 87/0357 Dangerous, imitations. Member States which have notified implementing measures: all. 88/0357 Analysis of textile fibres. Member States which have notified implementing measures: all. 289 88/0233 Cosmetics. Member States which have notified implementing measures: all. 88/0314 Indication of the prices of non-food products. Member States which have notified implementing measures: all. 88/0315 Indication of the prices of foodstuffs. Member States which have notified implementing measures: all. 88/0378 Toy safety. Member States which have notified implementing measures: all. 88/0667 Cosmetics. Member States which have notified implementing measures: all. 89/0174 Cosmetics. Member States which have notified implementing measures: all. 90/0088 Consumer credit. Member States which have notified implementing measures: B, DK, D, EL, E, IRL, I, L, NL, A ,P, FIN, S, UK. France - 93/0242, no measures notified, reasoned opinion in 1995, referai scheduled for 1997. 90/0121 Cosmetics. Member States which have notified implementing measures: all. 200 90/0207 Cosmetics. Member States which have notified unplementing measures: all. 90/0314 Package tours. Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, A, P, FIN, S, UK. Netherlands - 93/2183, not properly implemented, reasoned opinion scheduled for 1997. 91/0184 Cosmetics. Member States which have notified implementing measures: all. 92/0008 Cosmetics. Member States which have notified implementmg measures: all. 92/0059 General product safety. Member States which have notified implementing measures: B, DK, EL, E, F, I, NL, A, P, FIN, S,UK. Germany Ireland > - 94/0648, no measures notified, Art. 169 letter in 1994. - 94/0710, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1996. Luxembourg - 94/0733, no measures notified, reasoned opimon in 1995, refeiTal scheduled for 1997. 92/0086 Cosmetics. Member States winch have notified implementing measures: all. 29 93/0013 Unfair contract tenns. Member States which have notified implementmg measures: B, DK, EL, F, LRL, I, NL, A, P, FIN, S, UK. Germany - 95/0045, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. Spain - 95/0079, no measures notified, Art. 169 letter in 1995, reasoned Luxembourg - 95/0145, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. opinion in 1996. 93/0035 Cosmetics. Member States winch have notified unplementing measures: DK, L, NL, A, FIN, S. Belgium Germany Greece Spain France Ireland Italy Portugal United Kingdom 95/0393, 95/0432, 95/0450, 95/0476, 95/0508, 95/0522, 95/0541, 95/0603, 95/0631, no measures no measures no measures no measures no measures no measures no measures no measures no measures notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter in. 1995. in 1995. in 1995. in 1995. in 1995. in 1995. in 1995. in 1995. in 1995. 93/0047 Cosmetics. Member States winch have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, A, FIN, S, UK. Germany - 94/0651, no measures notified, Art. 169 letter in 1994, terminated in 1994. Belgium Greece - 94/0627, no measures notified, Art. 169 letter in 1994, tenninated in 1994. - 94/0697, no measures notified, Art. 169 letter in 1994, tenninated in 1995. Ireland Luxembourg - 94/0713, no measures notified, Art. 169 letter in 1994. - 94/0735, no measures notified, Art. 169 letter in 1994, tenninated in 1994. 292 Netherlands - 94/0745, no measures notified, Art. 169 letter in 1994, terminated in Portugal - 94/0754, no measures notified, Art. 169 letter in 1994. 1995. 93/0073 Cosmetics. Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, A, FIN, S, UK. Ireland Luxembourg - 94/0862, no measures notified, Art. 169 letter in 1995. - 94/0908, no measures notified, Art. 169 letter in 1995, terminated in 1995. Netherlands - 94/0920, no measures notified, Art. 169 letter in 1994, terminated in Portugal - 94/0944, no measures notified, Art. 169 letter in 1995. 1995. 94/0032 Cosmetics. Member States which have notified implementing measures: DK, D, E, F, I, L, NL, A, P, FIN S; UK. Belgium Greece Ireland Portugal - 95/0405, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. - 95/0458, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996. - 95/0528, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. - 95/0613, no measures notified, Ait. 169 letter in 1995, tenninated in 1996. 94/0047 Time-sharing Member States which have notified implementing measures: none Deadline for transposai: 29/04/97. 293 95/0017 Cosmetics. Member States winch have notified implementing measures: DK, L, NL, A, FIN. Belgium Germany Greece Spain France Ireland Italy Luxembourg Portugal United Kingdom 96/0013, no measures opinion scheduled for 96/0045, no measures 96/0063, no measures 96/0081, no measures 96/0100, no measures 96/0119, no measures 96/0138, no measures 96/0156, no measures 96/0188, no measures 96/0208, no measures notified, Art. 1997. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Art. notified, Ait. 169 letter in 1996, reasoned 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter in 1996. in 1996. in 1996. m 1996. in 1996. in 1996. in 1996. in 1996. in 1996. 95/0032 Cosmetics. Member States which have notified implementing measures: 95/0034 Cosmetics. Member States wliich have notified implementing measures: DK, D, E, F, I, L, NL, A, P, FIN, UK. 96/0041 Cosmetics. Member States which have notified implementing measures: none. 96/0045 Cosmetics. Member States which have notified implementing measures: none. 294 3. COMPETITION 88/0301 Competition in the markets for telecommunications terminals Member States which have notified unplementing measures: all 90/0388 Competition in the markets for telecommunications services Member States which have notified implementing measures: all except EL Greece Italy - 91/0352, no measures notified, reasoned opimon, refen-al in 1994, Case C-94/281 - 94/2004, no measures notified, Art. 169 letter in 1994, tenninated in 1996 93/0084 Transparency of financial relations between Member States and public imdertakings Member States which have notified implementing measures: all Belgium Greece - 93/0030, no measures notified, reasoned opinion in 1996, tenninated in 1996 - 94/0102, no measures notified, reasoned opinion in 1996, tenninated in 1966 - 96/2253, not properly applied, Art. 169 letter to be sent 94/0046 Satellite communications Member States which have notified unplementing measures: B, DK, D, F, NL, A, P, FIN, S, UK. Greece Spain Ireland Italy Luxembourg Portugal - 95/0463, reasoned opinion to be sent - 95/0489, reasoned opinion to be sent - 95/0530, reasoned opinion to be sent - 95/0553, reasoned opinion to be sent - 95/0576, reasoned opinion to be sent - 95/0618, tenninated in 1996 295 95/0051 Use of cable distribution networks for telecommunications services Member States winch have notified unplementmg measures: B, DK, D, E, F, I, NL, FIN, S, UK 96/0002 Mobiles and personal communications Member States which have notified implementing measures: DK, D, EL, F, IRL, NL, A, P, FIN, S 96/019 Full opening to competition Member States which have notified implementing measures: all except I 4. SOCIAL POLICY 64/0221 Public policy and public health Member States which have notified implementing measures: all Germany - 91/4686, not properly applied, Art. 169 letter in 1992, reasoned opinion in 1996 68/0360 Movement and residence of workers Member States which have notified implementing measures: ail 72/0194 Right to reside in the Member States Member States which have notified implementing measures: all Germany - 90/0275, not properly applied, Art. 169 letter in 1990, reasoned opimon in 1995, (referral scheduled) 75/0117 Equal pay for men and women Member States winch have notified implementing measures: all Greece - 91/4668, not properly apphed, reasoned opimon in 1995 75/0129 Collective redundancies Member States which have notified implementing measures: all United Kingdom - 89/0536, not properly implemented, refenal in 1992 Case C-383/92, judgment in 1994, Art. 171 letter in 1996 "u)7 76/0207 Equal treatment of men and women Member States winch have notified unplementing measures: all Belgium - 89/0458, not properly applied, judgment in 1993 -Case C-l 73/91, reasoned opinion (171) in 1995 - 90/2223, not properly apphed, Art. 169 letter in 1994 reasoned opinion in 1994 France - 90/0445, no measures notified, Art. 171 letter in 1990, reasoned opinion (171) in 1995 - 90/2109, not properly apphed, Art. 169 letter in 1993, reasoned opinion Greece Italy in 1994, referral in 1996, Case C-197/96 - 90/2224, not properly applied, reasoned opimon in 1995 terminated in 1996 - 90/2226, not properly apphed, referral in 1996 Case C-96/207 77/0187 Safeguarding of employees' rights in the event of the transfer of firms Member States winch have notified implementing measures: all United Kingdom - 89/0537, not properly implemented, referral in 1992, Case C-382/92, judgment in 1994 - Art. 171 letter in 1996 78/0610 Health protection of workers - vinyl chloride monomer Member States which have notified implementing measures: all 79/0007 Equal treatment in social security Member States winch have notified implementing measures: all Greece - 91/4668, not properly applied, reasoned opinion in 1995 298 80/0987 Protection of workers - insolvency of employers Member States which have notified implementing measures: all Greece - 86/0116, not properly implemented, judgment in 1990, Case C-53/88, Art. 171 letter in 1993 80/1107 Protection of workers against chemicals Member States winch have notified implementing measures: all 82/0130 Electrical equipment Member States winch have notified implementing measures: all 82/0605 Protection of workers - metallic lead Member States which have notified implementing measures: all 83/0477 Protection of workers - asbestos Member States winch have notified implementing measures: all 86/0188 Protection of workers from noise Member States winch have notified implementing measures: all 86/0378 Equal treatment of men and women Member States which have notified implementing measures: D, E, F, IRL, A, P, FIN, S, UK 86/0613 Equal treatment of men and women Member States which have notified implementing measures: all ^CiO 88/0035 Electrical equipment Member States which have notified implementing measures: all 88/0364 Protection of workers against specific agents Member States winch have notified implementing measures: all 88/0642 Protection of workers against chemicals Member States which have notified implementing measures: B, DK, D, IRL, I, L, NL, A, FIN, S, UK 89/0391 Health and safety of workers Member States which have notified implementing measures: all Spain - 93/0208, no measures notified, reasoned opimon in 1994, refenal in 1995, Case C-95/079, judgment in 1996, tenninated in 1996 89/0622 Labelling of tobacco products Member States which have notified implementing measures: all 89/0654 Health and safety at the workplace Member States winch have notified implementing measures: all Spain • - 93/0207, no measures notified, refenal in 1995, Case C-95/079, judgment in 1996 89/0655 Health and safety - work equipment Member States winch have notified implementing measures: all except E. Spain - 93/0206, no measures notified, refenal in 1995, Case C-95/079, judgment in 1996 !00 89/0656 Personal protective equipment Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK Spain - 93/0205, no measures notified, referral in 1995, Case C-95/079, judgment in 1996 90/0239 Maximum tar yield of cigarettes Member States which have notified implementing measures: all 90/0269 Health and safety of workers Member States which have notified implementing measures: all except E Spain - 93/0199, no measures notified, referral in 1995, Case C-95/079, judgment in 1996 90/0270 Health and safety - display screen equipment Member States winch have notified implementing measures: all except E Spain - 93/0198, no measures notified, referral in 1995, Case C-95/079, judgment in 1996 90/U394 Protection of workers - carcinogens Member States which have notified implementing measures: all, except E Spain - 93/0195, no measures notified, refenal in 1995, Case C-95/079, judgment in 1996 301 90/0679 Risks relating to exposure to biological agents at work Member States winch have notified implementing measures: DK, D, EL, F, IRL, I, L, NL, A, FIN, S,UK Belgium - 94/0005, no measures notified, Art. 169 letter in 1994, Spain - 94/0133, no measures notified, Art. 169 letter in 1994, (reasoned opimon to be sent) (reasoned opinion to be sent) 91/0269 Electrical equipment for use in mines susceptible to firedamp Member States which have notified implementing measures: all 91/0322 Protection of workers from risks relating to exposure to chemical, physical and biological agents Member States which have notified implementing measures: B, DK, D, IRL, I, L, NL, FIN, S, UK Greece Spain France - 94/0505, no measures notified, Art. 169 letter in 1994, tenninated in 1996 - 94/0506, no measures notified, Art. 169 letter in 1994, tenninated in 1996 - 94/0507, no measures notified, Art. 169 letter in 1994, tenninated in 1996 Portugal - 94/0512, no measures notified, Art. 169 letter in 1994, tenninated in 1996 91/0382 Protection of workers (asbestos) Member States winch have notified implementing measures: all (partial derogation, Greece 1996) Greece - 96/0262, no measures notified, Art. 169 letter in 1996 (reasoned opimon to be sent) 302 91/0383 Health and safety of temporary workers Member States winch have notified implementing measures: DK, D, E, F, IRL, I, L, NL, A, P, FIN, S,UK. Belgium Germany Greece Italy - 93/0023, no measures notified, Art. 169 letter in 1993 - 93/0097, no measures notified, reasoned opinion in 1995, terminated iii 1996 - 93/0147, no measures notified, reasoned opimon in 1996 - 93/0309, no measures notified, terminated in 1996 91/0533 Obligation to mfonn employees of the conditions applicable to the employment relationship Member States winch have notified implementing measures: all, except I Italy - 93/0787, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1996 92/0029 Health and safety on board ships Member States which have notified implementing measures: D, DK, E, F, EL, I, NL, A, P, FIN, S, UK Belgium Denmark Germany Greece Ireland Italy Luxembourg Netherlands Austria 95/0012, no measures notified, Art. 169 letter in 1995, (reasoned opimon to be sent) 95/0032, no measures notified, Art. 169 letter in 1995, terminated in 1996 95/0840, no measures notified, Art. 169 letter in 1995, tenninated in 1996 95/0054, no measures notified, Art. 169 letter in 1995, tenninated in 1996 95/0109, no measures notified, Art. 169 letter in 1995, (reasoned opimon to be sent) 95/0125, no measures notified, Art. 169 letter in 1995, tenninated in 1996 95/0142, no measures notified, Art. 169 letter in 1995, (reasoned opinion to be sent) 95/0155, no measures notified, Art. 169 letter in 1995, tenninated in 1996 96/0435, no measures notified, Art. 169 letter in 1996, tenninated in 1996 303 Portugal - 95/0164, no measures notified, Art. 169 letter in 1995, terminated in 1996 United Kingdom - 95/0189, no measures notified, Art. 169 letter in 1995, terminated in 1996 92/0041 Labelling of tobacco products Member States which have notified implementing measures: all 92/0056 Collective redundancies Member States which have notified implementing measures: all except LRL Germany - 94/0809, no measures notified, Art. 169 letter in 1995, tenninated in 1996 France - 94/0837, no measures notified, Ait. 169 letter in 1995, tenninated in 1996 Ireland United Kingdom - 94/0584, no measures notified, Art. 169 letter in 1995 - 94/0951, not properly implemented, Art. 169 letter in 1995, case treated as 89/0536 (see Directive 75/0129) 92/0057 Minimum safety and health requirements at temporary or mobile construction sites Member States which have notified implementing measures: all except B Belgium - 94/0013, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1996 Germany - 94/0074, no measures notified, Arti 169 letter in 1994, reasoned opimon in 1996, tenninated in 1996 Italy - 94/0239, no measures notified, Art. 169 letter in 1994, reasoned opimon in 1996, tenninated in 1996 304 92/0058 Safety and/or health signs at work Member States winch have notified implementing measures: all except B and E Belgium - 94/0624, no measures notified, Art. 169 letter in 1994, (reasoned opimon to be sent) Germany - 94/0647, no measures notified, Art. 169 letter in 1994, Spain Italy reasoned opimon in 1996, tenninated in 1996 - 94/0661, no measures notified, Art. 169 letter in 1994, reasoned opimon in 1996 - 94/0719, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1996, terminated in 1996 United Kingdom - 94/0769, no measures notified, Art. 169 letter in 1994, tenninated in 1996 92/0085 Safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding Member States winch have notified implementing measures: B, DK, D, E, F, NL, A, P, FIN, S, UK. Belgium - 95/0013, no measures notified, Art. 169 letter in 1995, terminated in 1996 Germany - 95/0041, no measures notified, Ait. 169 letter in 1995, Greece France Italy tenninated in 1996 - 95/0055, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996 - 95/0091, no measures notified, Art. 169 letter in 1995, - 95/0126, no measures notified, Art. 169 letter in 1995 (to be tenninated in 1997) Luxembourg - 95/0143, no measures notified, Ait. 169 letter in 1995, reasoned opimon in 1996 92/0091 Protection of workers in extracting industries by drilling Member States which have notified implementing measures: DK, D, EL, E, F, I, L, NL, P, FIN, S, UK Belgium Germany 95/0014, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996 95/0042, no measures notified, Ait. 169 letter in 1995, tenninated in 1996 305 Spain France Ireland Italy Portugal Netherlands 95/0076, no measures notified, Art. 169 letter in 1996, tenninated in 1996 95/0092, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996, tenninated in 1996 95/0110, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996 95/0127, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 95/0166, no measures notified, Art. 169 letter in 1995, tenninated in 1996 95/0156, no measures notified, Art. 169 letter in 1995, tenninated in 1996 92/0104 Health and safety of workers in underground and open cast mining industries Member States which have notified implementing measures: DK, D, F, EL, I, L, NL, A, P, FIN, S, UK Belgium Germany Greece Spain France Ireland Italy Portugal 95/0016, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 95/0044, no measures notified, Art. 169. 1etter in 1995, tenninated in 1996 95/0058, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, tenninated in 1996 95/0078, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996 95/0094, no measures notified, Art. 169 letter in 1995, tenninated in 1996 95/0112, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 95/0129, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 95/0167, no measures notified, Art. 169 letter in 1995, tenninated in 1996 306 93/0088 Risks relating to exposure to biological agents at work Member States winch have notified implementing measures: DK, D, EL, F, IRL, I, L, NL, A, FIN, S. UK Belgium Spain - 94/0521, no measures notified, Art. 169 letter in 1994 reasoned opimon in 1996 - 94/0554, no measures notified, Art. 169 letter in 1994, (reasoned opinion to be sent) Portugal - 96/0174, no measures notified, Art. 169 letter in 1996 93/0103 Health and safety on board fishing vessels Member States winch have notified implementing measures: DK, EL, F, NL, FIN, S Belgium Germany Denmark Greece Spain France Italy Luxembourg 9 Portugal United Kingdom Ireland 96/0003, no measures notified, Art. reasoned opimon in 1996 96/0036, no measures notified, Art. (reasoned opinion to be sent) 96/0021, no measures notified, Art. terminated in 1996 96/0050, no measures notified, Art. tenninated in 1996 96/0070, no measures notified, Art. (reasoned opinion to be sent) 96/0089, no measures notified, Art. tenninated in 1996 96/0127, no measures notified, Art. reasoned opimon in 1996 96/0146, no measures notified, Art. terminated in 1996 96/0175, no measures notified, Art. (reasoned opimon to be sent) 96/0196, no measures notified, Ait. 96/0108, no measures notified, Art. reasoned opimon in 1996 169 letter in 1996, 169 letter in 1996, 169 letter m 1996, 169 letter in 1996, 169 letter m 1996, 169 letter in 1996, 169 letter in 1996, 169 letter in 1996, 169 letter in 1996, 169 letter in 1996 169 letter m 1996, 93/0104 Reorganization of working time Member States winch have notified implementing measures: D, E, NL, FIN 307 94/0033 Protection of young people at work Member States winch have notified implementing measures: B, DK, D, E, LRL, FIN 94/0044 Electrical equipment for use in explosive atmospheres Member States winch have notified implementing measures: B, DK, D, E, F, IRL, L, NL, A, P, FIN, UK Greece Spain Italy Netherlands - 95/0684, no measures notified, Art. 169 letter in 1995 - 95/0689, no measures notified, Art. 169 letter in 1995 - 95/0704, no measures notified. Art. 169 letter in 1995 - 95/0711, no measures notified, Art. 169 letter in 1995, terminated iii 1996 United Kingdom - 95/0719, no measures notified, Art. 169 letter in 1995, tenninated in 1996 94/0045 European Works Council Member States winch have notified implementing measures: B, DK, D, F, IRL, S (United Kingdom not covered by tins Directive) 95/0030 Risks relating to exposure to biological agents at work Member States which have notified implementing measures: DK, NL, FIN, UK 308 5. AGRICULTURE 64/0432 Health problems - trade in animals Member States which have notified implementing measures: all 64/0433 Health problems - trade in meat Member States which have notified unplementing measures: all Germany Finland - 93/2097, not properly applied, referral in 19%, Case C-96/102 - 96/0856, no measures notified, Art. 169 letter in 1996, (to be tenninated in 1997) 66/0400 Beet seed Member States which have notified implementing measures: all except FIN Finland - 96/0855, no measures notified, Art. 169 letter in 1996 66/0401 Fodder-plant seed Member States which have notified implementing measures: all except FIN Finland - 96/0854, no measures notified. Art. 169 letter in 1996 66/0402 Cereal seed Member States which have notified implementing measures: all except FIN Finland - 96/0853, no measures notified, Art. 169 letter in 1996 66/0403 Seed potatoes Member States which have notified implementing measures: all except FIN Finland - 96/0852, no measures notified, Art. 169 letter in 1996 309 66/0404 Forest reproductive material Member States wliich have notified unplementing measures: all Austria - 96/0359, no measures notified, Art. 169 letter in 1996, tenninated in 1996 66/0600 Health problems - trade in annuals Member States which have notified implementing measures: all 68/0193 Material for the propagation of vines Member States winch have notified unplementmg measures: all Austria - 96/0361, no measures notified, Art. 169 letter in 1996, terminated in 1996 69/0060 Cereal seed Member States which have notified implementing measures: all except FIN 69/0061 Beet seed Member States winch have notified unplementing measures: all except FIN Finland - no measures notified, Art. 169 letter in 1996 69/0062 Seed potatoes Member States which have notified implementing measures: all except A and FIN Austria Finland - 96/0362, no measures notified, Art. 169 letter in 1996 - 96/0850, no measures notified, Art. 169 letter in 1996 310 69/0063 Fodder-plant seed Member States winch have notified unplementing measures: all except A and FIN Austria - 96/0363, no measures notified, Art. 169 letter in 1996 69/0064 Reproductive material Member States winch have notified unplementmg measures: all Austria - 96/0364, no measures notified, Art. 169 letter in 1996, tenninated in 1996 69/0208 Seed of oil and fibre plants Member States which have notified implementing measures: all except FIN Finland - 96/0849, no measures notified, Art. 169 letter in 1996 69/0464 Control of potato wait disease Member States winch have notified implementing measures: all except A and FIN Austria Finland - 96/0365, no measures notified, Art. 169 letter in 1996 - 96/0848, no measures notified, Art. 169 letter in 1996 69/0465 Control of potato cyst eelwonn Member States which have notified implementing measures: all except A and FIN Austria Finland - 96/0366, no measures notified, Art. 169 letter in 1996 - 96/0847, no measures notified, Ait. 169 letter in 1996 69/0466 Control of San José scale Member States which have notified implementing measures: all except A Austria - 96/0367, no measures notified, Art. 169 letter in 1996 311 70/0373 Feedingstuffs - official control Member States which have notified unplementmg measures: all except FIN Finland - 96/0846, no measures notified, Art. 169 letter in 1996 70/0457 Common catalogue of varieties of plant species Member States which have notified implementing measures: all except A and FIN Austria Finland - 96/0368, no measures notified, Art. 169 letter in 1996 - 96/0845, no measures notified, Art. 169 letter in 1996 70/0458 Vegetable seed Member States winch have notified implementing measures: all except FIN Finland - 96/0844, no measures notified, Art. 169 letter in 1996 70/0524 Feedingstuffs - additives Member States which have notified unplementing measures: all except FIN Finland - 96/0843, no measures notified, Art. 169 letter in 1996 71/0118 Health problems - trade in poultrymeat Member States which have notified implementing measures: all except FIN Finland - 96/0842, no measures notified, Art. 169 letter in 1996 71/0140 Material for the propagation of vines Member States which have notified unplementmg measures: all Austria - 96/0369, no measures notified, Art. 169 letter in 1996, tenninated in 1996 312 71/0161 Forest reproductive material Member States which have notified implementmg measures: all except S Austria Sweden - 96/0370, no measures notified, Art. 169 letter in 1996, terminated in 1996 - 96/0546, no measures notified, Art. 169 letter in 1996 71/0162 Seed Member States which have notified implementing measures: all except FIN Finland - 96/0841, no measures notified, Art. 169 letter in 1996 71/0250 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN Finland - 96/0840, no measures notified, Art. 169 letter m 1996 71/0285 Health problems - trade in animals Member States which have notified unplementing measures: all Sweden - 96/0547, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 71/0393 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN Finland - 96/0839, no measures notified, Art. 169 letter in 1996 72/0168 Vegetable varieties Member States winch have notified implementing measures: all except A and FIN Austria Finland - 96/0371, no measures notified, Art. 169 letter in 1996 - 96/0838, no measures notified, Art. 169 letter in 1996 72/0169 Vine varieties Member States which have notified implementing measures: all Austria - 96/0372, no measures notified, Art. 169 letter in 1996, tenninated in 1996 72/0180 Agricultural varieties Member States which have notified implementing measures: all except A and FIN Austria Finland - 96/0373, no measures notified, Art. 169 letter in 1996 - 96/0837, no measures notified, Art. 169 letter in 1996 72/0199 Feedingstuffs - official controls Member States which have notified unplementing measures: all except FIN Finland - 96/0836, no measures notified, Ait. 169 letter in 1996 72/0274 Seed Member States which have notified implementing measures: all except FIN Finland - 96/0835, no measures notified, Art. 169 letter in 1996 72/0418 Seed Member States which have notified implementing measures: all except FIN Finland - 96/0833, no measures notified, Art. 169 letter in 1996 314 72/0445 Health problems - live animals Member States which have notified implementing measures: all 72/0461 Health problems - trade in meat Member States which have notified implementing measures: all Finland - 96/0832, no measures notified, Art. 169 letter in 1996, tenninated in 1996 72/0462 Health problems - animals and meat from non-member countries Member States which have notified implementing measures: all 73/0046 Feedmgstuffs - official control Member States winch have notified implementing measures: all except FIN Finland - 96/0831, no measures notified, Art. 169 letter in 1996 73/0047 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN Sweden Finland - 96/0545, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) - 96/0830, no measures notified, Art. 169 letter in 1996 73/0150 Health problems - live animals Member States wliich have notified implementing measures: all 3 I> 73/0438 Seed Member States winch have notified implementmg measures: all except FIN Finland - 96/0829, no measures notified, Art. 169 letter in 1996 74/0013 Forest reproductive material Member States winch have notified implementing measures: all except S Austria Sweden - 96/0374, no measures notified, Art. 169 letter in 1996, terminated in 1996 - 96/0544, no measures notified, Art. 169 letter in 1996 74/0063 Feedmgstuffs - undesirable substances Member States which have notified implementing measures: all except FIN Finland - 96/0828, no measures notified, Art. 169 letter in 1996 74/0203 Feedmgstuffs - official control Member States which have notified implementing measures: all except FIN Finland - 96/0827, no measures notified, Art. 169 letter in 1996 74/0268 Fodder-plant and cereal seed Member States which have notified implementing measures: all except FIN Finland - 96/0826, no measures notified, Art. 169 letter in 1996 74/0647 Control of carnation leaf-rollers Member States which have notified implementing measures: all except A Austria - 96/0375, no measures notified, Art. 169 letter in 1996 316 74/0648 Material for the propagation of vines Member States which have notified unplementmg measures: all Austria - 96/0376, no measures notified, Art. 169 letter in 1996, terminated in 1996 74/0649 Material for the propagation of vines Member States wliich have notified implementing measures: all Austria - 96/0377, no measures notified, Art. 169 letter in 1996, terminated in 1996 75/0084 Feedmgstuffs - official control Member States which have notified implementmg measures: all except FIN Finland - 96/0825, no measures notified, Art. 169 letter in 1996 75/0444 Seed Member States winch have notified implementmg measures: all except FIN Finland - 96/0824, no measures notified, Ait. 169 letter in 1996 75/0445 Forest reproductive material Member States wliich have notified implementing measures: all Austria - 96/0378, no measures notified, Art. 169 letter in 1996, tenninated in 1996 75/0502 Meadowgrass seed Member States which have notified implementing measures: all except FIN Finland - 96/0823, no measures notified, Art. 169 letter in 1996 317 76/0014 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 76/0331 Beet seed Member States which have notified implementing measures: all except FIN Finland - 96/0822, no measures notified, Art. 169 letter in 1996 76/0371 Feedmgstuffs - official control Member States which have notified implementing measures: all except FIN Finland - 96/0821, no measures notified, Art. 169 letter in 1996 76/0372 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN Finland - 96/0820, no measures notified, Art. 169 letter in 1996 76/0895 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all Finland - 96/0819, no measures notified, Art. 169 letter in 1996, (to be tenninated in 1997) 76/0934 Feedingstuffs - undesirable substances Member States winch have notified unplementing measures: all except FIN Finland - 96/0818, no measures notified, Art. 169 letter in 1996 318 77/0093 Organisms hannful to plants Member States which have notified implementmg measures: all Finland - 96/0817, no measures notified, Art. 169 letter in 1996, tenninated in 1996 77/0096 Health problems - import of meat Member States which have notified implementing measures: all except S Sweden - 96/0543, no measures notified, Art. 169 letter in 1996 77/0098 Health problems - trade in animals Member States which have notified implementing measures: all 77/0099 Health problems - meat products Member States wliich have notified unplementing measures: all Finland - 96/0815, no measures notified, Ait. 169 letter in 1996 (to be tenninated in 1997) 77/0101 Straight feedmgstuffs Member States which have notified implementing measures: all except FIN Finland- - 96/0814, no measures notified, Art. 169 letter in 1996 77/0391 Eradication of brucellosis Member States which have notified implementing measures: all 319 77/0504 Pure-bred cattle for breeding Member States which have notified implementing measures: all except A Austria - 96/0380, no measures notified, Art. 169 letter in 1996 77/0629 Material for the propagation of vines Member States which have notified implementmg measures: all Austria - 96/0381, no measures notified, Art. 169 letter in 1996, terminated m 1996 78/0052 Eradication of brucellosis Member States which have notified unplementing measures: all 78/0055 Seed Member States which have notified implementing measures: all except FIN Finland - 96/0813, no measures notified, Art. 169 letter in 1996 78/0386 Fodder-plant seed Member States winch have notified implementing measures: all except FIN Finland - 96/0812, no measures notified, Art. 169 letter in 1996 78/0387 Cereal seed Member States which have notified implementing measures: all except FIN Finland - 96/0811, no measures notified, Art. 169 letter in 1996 320 78/0388 Seed of oil and fibre plants Member States which have notified implementmg measures: all except FIN Finland - 96/0810, no measures notified, Art. 169 letter in 1996 78/0511 Fodder-plant and cereal seed Member States which have notified unplementing measures: all except FIN Finland - 96/0809, no measures notified, Art. 169 letter in 1996 78/0633 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN Finland - 96/0808, no measures notified, Art. 169 letter in 1996 78/0692 Seed Member States winch have notified implementing measures: all except FIN Finland - 96/0807, no measures notified. Art. 169 letter in 1996 78/0816 Seed potatoes Member States which have notified implementing measures: all except A and FIN Austria- - 96/0383, no measures notified, Art. 169 letter in 1996 78/1020 Seed Member States winch have notified implementmg measures: all except FIN Finland - 96/0806, no measures notified, Art. 169 letter in 1996 321 79/0109 Health problems - trade in animals - bmcellosis Member States which have notified implementing measures: all 79/0111 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 79/0117 Plant protection products containing certain active substances Member States winch have notified implementing measures: all except FIN Finland - 96/0805, no measures notified, Art. 169 letter in 1996 79/0372 Straight feedingstuffs Member States winch have notified unplementing measures: all except FIN Finland - 96/0804, no measures notified, Art. 169 letter in 1996 79/0373 Compound feedingstuffs Member States wliich have notified unplementing measures: all except FIN Finland - 96/0803, no measures notified, Art. 169 letter in 1996 79/0641 Seed Member States wliich have notified implementing measures: all except FIN Finland - 96/0802, no measures notified, Art. 169 letter in 1996 79/0692 Seed Member States winch have notified implementing measiu'es: all except FIN Finland - 96/0801, no measures notified, Art. 169 letter in 1996 322 79/0700 Pesticides in fruit and vegetables - official control Member States winch have notified implementing measures: all except FIN Finland - 96/0800, no measures notified, Art. 169 letter in 1996 79/0797 Feedingstuffs Member States which have notified unplementing measures: all except FIN Finland - 96/0799, no measures notified, Art. 169 letter in 1996 79/967 Seed Member States which have notified unplementmg measures: all except A and FIN Austria Finland - 96/0385, no measures notified, Art. 169 letter in 1996 - 96/0798, no measures notified, Art. 169 letter in 1996 80/0213 Health problems - trade in meat Member States winch have notified unplementmg measures: all 80/0215 Health problems - meat products Member States which have notified implementing measures: all Finland - 96/0796, no measures notified, Ait. 169 letter in 1996, tenninated in 1996 80/0217 Control of classical swine fever Member States which have notified implementing measures: all 80/0219 Health problems - trade m animals - tuberculosis Member States which have notified implementing measures: all 323 80/0304 Seed of oil and fibre plants Member States which have notified unplementing measiures: all except FIN Finland - 96/0795, no measures notified, Art. 169 letter in 1996 80/0392 Organisms harmful to plants Member States wliich have notified unplementmg measures: all except FIN 80/0428 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all Finland - 96/0794, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 80/0502 Feedingstuffs - undesirable substances Member States which have notified unplementing measures: all except FIN Finland - 96/0793, no measures notified, Art. 169 letter in 1996 80/0510 Straight feedingstuffs Member States which have notified implementing measiures: all except FIN Finland - 96/0792, no measures notified, Art. 169 letter in 1996 80/0511 Compound feedingstuffs in packages Member States which have notified implementmg measures: all except FIN Finland - 96/0791, no measures notified, Art. 169 letter in 1996 324 80/0695 Compound feedingstuffs Member States which have notified unplementing measures: all except FIN Finland - 96/0790, no measures notified, Art. 169 letter in 1996 80/0754 Fodder-plant seed Member States which have notified implementing measures: all except FIN Finland - 96/0789, no measures notified, Art. 169 letter in 1996 80/1095 Control of classical swine fever Member States which have notified implementing measures: all 80/1098 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all 80/1099 Health problems - trade in meat - classical swine fever Member States which have notified unplementmg measures: all 80/1100 Health problems - meat products - classical swine fever Member States which have notified implementing measures: all Sweden Finland - 96/0542, no measures notified, Art. 169 letter in 1996, tenninated in 1996 - 96/0787, no measures notified, Art. 169 letter in 1996, tenninated in 1996 80/1101 Control of classical swine fever Member States which have notified implementing measures: all 325 80/1274 Healdi problems - trade in animals - classical swine fever Member States winch have notified implementmg measures: all 81/0006 Eradication of brucellosis Member States which have notified implementmg measures: all 81/0007 Organisms hannful to plants Member States which have notified unplementing measures: all 81/0036 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all Finland - 96/0786, no measiures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 81/0126 Seed Member States winch have notified unplementmg measures: all except FIN Finland - 96/0785, no measures notified, Art. 169 letter in 1996 81/0602 Ban on honnones Member States winch have notified unplementing measures: all 81/0680 Feedmgstuffs - official control Member States which have notified implementing measures: all except FIN Finland - 96/0784, no measures notified, Art. 169 letter in 1996 326 81/0715 Feedingstuffs - official control Member States which have notified unplementmg measures: all except FIN Finland - 96/0783, no measures notified, Art. 169 letter in 1996 82/0287 Seed Member States which have notified unplementing measures: all except FIN Finland - 96/0782, no measures notified, Art. 169 letter in 1996 82/0331 Material for the propagation of vines Member States winch have notified unplementing measures: all Austria - no measures notified, Art. 169 letter in 1996, tenninated in 1996 82/0471 Feedingstuffs Member States wliich have notified unplementmg measures: all except FIN Finland - 96/0781, no measures notified, Art. 169 letter in 1996 82/0475 Labelling of compound feedingstuffs for pet animals Member States which have notified implementing measures: all except FIN Finland. - 96/0870, no measures notified, Art. 169 letter in 1996 82/0528 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all except FIN Finland - 96/0779, no measures notified, Art. 169 letter in 1996 327 82/0859 Seed of oil and fibre plants Member States which have notified implementing measures: all Finland - 96/0778, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 82/0894 Notification of animal diseases Member States which have notified implementmg measures: all 82/0937 Straight feedmgstuffs Member States which have notified implementmg measures: all except FIN Finland - 96/0777, no measures notified, Art. 169 letter in 1996 83/0091 Health problems - trade in animals and meat Member States which have notified implementmg measures: all Sweden - 96/0541, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 83/0116 Fodder-plant seed and seed of oil and fibre plants Member States wliich have notified implementing measures: all except A and FIN Austria Finland - 96/0390, no measures notified, Art. 169 letter m 1996 - 96/0775, no measures notified, Art. 169 letter in 1996 83/0131 Plant protection products containing certain active substances Member States which have notified nnplementing measures: all except FIN Finland - 96/0774, no measures notified, Art. 169 letter in 1996 328 83/0201 Health problems - products containing a small percentage of meat Member States which have notified unplementing measures: all Finland - 96/0773, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 83/0228 Feedingstuffs Member States which have notified implementing measures: all except FIN Finland - 96/0772, no measures notified, Art. 169 letter in 1996 83/0381 Feedingstuffs Member States which have notified implementing measures: all except FIN Finland - 96/0771, no measures notified, Art. 169 letter in 1996 84/0004 Feedmgstuffs - official control Member States which have notified implementing measures: all except FIN Sweden Finland - 96/0540, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) - 96/0770, no measures notified, Art. 169 letter in 1996 84/0319 Health problems - import of meat - trichinae Member States wliich have notified unplementing measures: all except S Sweden - 96/0539, no measures notified, Art. 169 letter in 1996 84/0425 Feedingstuffs - official control Member States wliich have notified implementing measures: all except FIN Finland - 96/0769, no measures notified, Art. 169 letter in 1996 329 84/0443 Products used in feedingstuffs Member States winch have notified unplementing measures: all except FIN 84/0587 Feedingstuffs - additives Member States which have notified unplementing measures: all except FIN 84/0643 Health problems - trade in animals - foot-and-mouth disease Member States which have notified implementing measures: all Finland - 96/0768, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 84/0644 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 84/0645 Control of classical swine fever Member States winch have notified unplementing measures: all 85/0038 Fodder-plant seed Member States which have notified implementing measures: all except FIN Finland. - 96/0766, no measures notified, Art. 169 letter in 1996 85/0073 Financing of health inspections of fresh meat Member States which have notified implementing measures: all except A Austria Sweden - 96/0393, no measures notified, Art. 169 letter in 1996 - 96/0538, no measures notified, Art. 169 letter in 1996, tenninated in 1996 330 Finland Greece - 96/0765, no measures notified, Art. 169 letter in 1996, tenninated in 1996 - 94/2181, not properly applied 85/0298 Plant protection products containing certain active substances Member States which have notified unplementmg measures: all except FIN Finland - 96/0764, no measures notified, Art. 169 letter in 1996 85/0320 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all 85/0321 Health problems - meat products - classical swine fever Member States wliich have notified implementing measures: all except FIN Finland - 96/0763, no measures notified, Art. 169 letter in 1996, tenninated in 1996 85/0322 Health problems - trade in meat - classical swine fever Member States which have notified implementing measures: all except FIN and S Sweden - 96/0537, no measures notified, Art. 169 letter in 1996, terminated in 1996 85/0358 Ban on honnones Member States wliich have notified implementing measures: all 85/0509 Feedingstuffs Member States which have notified implementing measures: all except FIN Finland - 96/0761, no measures notified, Art. 169 letter in 1996 85/0511 Control of foot-and-mouth disease Member States which have notified unplementing measures: all except FIN 85/0574 Organisms harmful to plants Member States which have notified nnplementing measures: all Finland -. 96/0760, no measures notified, Art. 169 letter in 1996, terminated in 1996 85/0586 Health problems - trade in animals and meat Member States which have notified implementing measures: all Finland - 96/0759, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 86/0109 Certified seed Member States winch have notified implementing measures: all except FLN Finland - 96/0758, no measures notified, Art. 169 letter in 1996 86/0155 Seed Member States which have notified implementmg measures: all except A and FIN Austria- Finland - 96/0395, no measures notified, Art. 169 letter in 1996 - 96/0757, no measures notified, Art. 169 letter in 1996 86/0174 Compound feedingstuffs for poultry Member States winch have notified unplementing measures: all except FIN Finland - 96/0756, no measures notified, Art. 169 letter m 1996 332 86/0214 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN V Finland - 96/0755, no measures notified, Art. 169 letter m 1996 86/0267 Vine varieties Member States which have notified implementing measures: all Austria - 96/0396, no measures notified, Art. 169 letter in 1996, terminated in 1996 86/0299 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN Finland - 96/0754, no measures notified, Art. 169 letter in 1996 86/0320 Cereal seed Member States which have notified implementing measures: all except FIN Finland - 96/0753, no measures notified, Art. 169 letter in 1996 86/0354 Compound feedingstuffs Member States which have notified unplementing measures: all except FIN Finland - 96/0752, no measures notified, Art. 169 letter in 1996 86/0355 Plant protection products containing certain active substances Member States winch have notified nnplementing measures: all Finland - 96/0751, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 333 86/0362 Pesticide residues in cereals Member States which have notified implementing measures: all Finland - 96/0750, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 86/0363 Pesticide residues in foodstuffs of animal origin Member States wliich have notified implementing measures: all Finland - 96/0749, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 86/0469 Examination of meat for the presence of residues Member States which have notified implementing measures: all Finland - 96/0748, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 86/0530 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN Finland - 96/0747, no measures notified, Art. 169 letter in 1996 86/0651 Organisms hannful to plants Member States which have notified implementing measures: all Finland - 96/0746, no measures notified, Art. 169 letter m 1996, terminated in 1996 87/0120 Seeds and propagating materials Member States which have notified implementing measures: all except FIN Finland - 96/0745, no measures notified, Art. 169 letter in 1996 87/0153 Feedingstuffs - additives Member States which have notified implementing measures: all except A and FIN Finland - 96/0744, no measures notified, Art. 169 letter in 1996 87/0181 Plant protection products containing certain active substances Member States winch have notified implementmg measures: all except FIN Finland - 96/0743, no measures notified, Art. 169 letter in 1996 87/0234 Straight feedingstuffs Member States wliich have notified implementmg measures: all except FIN Finland - 96/0742, no measures notified, Art. 169 letter in 1996 87/0238 Feedingstuffs - undesirable substances Member States winch have notified nnplementing measures: all except FIN Finland - 96/0741, no measures notified, Art. 169 letter in 1996 87/0298 Organisms hannful to plants Member States which have notified unplementing measures: all Finland - 96/0740, no measures notified, Art. 169 letter in 1996, tenninated in 1996 135 87/0328 Cattle for breeding Member States which have notified implementing measures: all except A Austria - 89/0398, no measures notified, Art. 169 letter in 1996 87/0477 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN Finland - 96/0739, no measures notified, Art. 169 letter in 1996 87/0480 Seed Member States which have notified implementing measures: all except FIN Finland - 96/0738, no measures notified. Art. 169 letter in 1996 87/0481 Vegetable seed Member States which have notified implementing measures: all except A and FIN Austria Finland - 96/0399, no measures notified, Art. 169 letter in 1996 - 96/0737, no measures notified, Art. 169 letter in 1996 87/0486 Control of classical swine fever Member States which have notified implementing measures: all 87/0487 Classical swine fever Member States wliich have notified implementing measures: all 87/0489 Health problems - trade in animals - classical swine fever Member States which have notified unplementing measures: all except FIN 336 87/0491 Health problems - meat products Member States wliich have notified implementing measures: all Sweden Finland - 96/0536, no measures notified, Art. 169 letter in 1996, tenninated in 1996 - 96/0735, no measures notified, Art. 169 letter in 1996, terminated in 1996 88/0095 Beet seed Member States winch have notified unplementing measures: all except FIN Finland - 96/0734, no measures notified, Art. 169 letter m 1996 88/0146 Ban on honnones Member States winch have notified unplementing measures: all Finland - 96/0733, no measures notified, Art. 169 letter in 1996, tenninated in 1996 88/0166 Protection of laying hens kept in battery cages Member States winch have notified implementing measures: all except A and FIN Austria - 96/0400, no measures notified, Art. 169 letter in 1996 88/0182 - Technical mles and standards (amending Directive 83/189) Member States which have notified implementing measures: all Italy - 91/0565, not properly applied, referral in 1994, Case C-94/289 judgment in 1996 Italy Netherlands - 92/0646, not properly applied, reasoned opinion in 1993 - 91/0747, not properly applied, refenal in 1993, Case C-93/052 judgment in 1994, tenninated in 1996 Netherlands - 91/2328, not properly applied, referral in 1994, Case C-94/273 judgment in 1996 337 Italy Italy - 92/0647, not properly applied, reasoned opinion in 1996 - 93/0614, not properly applied, referral in 1995, Case C-95/289 cancelled in 1996 Netherlands Italy - 93/2267, not properly applied, reasoned opinion in 1994 - 94/0616, not properly applied, reasoned opinion in 1996 88/0289 Health problems - animals and meat from non-member countries Member States which have notified implementing measures: all except S Sweden - 96/0535, no measures notified, Art. 169 letter in 1996 88/0298 Pesticides in fruit and vegetables and cereals Member States winch have notified implementing measures: all Finland - 96/0731, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 88/0299 Meat and animals from non-member countries Member States winch have notified implementmg measures: all 88/0380 Seed Member States which have notified implementing measures: all except FIN Finland - 96/0730, no measures notified, Art. 169 letter in 1996 88/0406 Health problems - trade in animals - enzootic bovine leukosis Member States which have notified implementing measures: all 88/0407 Bovine semen Member States which have notified implementing measures: all 88/0409 Fees for the inspection of meat Member States which have notified unplementing measures: all except A Austria Sweden Finland - 96/0401, no measures notified, Art. 169 letter in 1996 - 96/0534, no measures notified, Art. 169 letter in 1996 (to be terminated m 1997) - 96/0729, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 88/0485 Products used m feedingstuffs Member States which have notified implementmg measures: all except FIN Finland - 96/0728, no measures notified, Art. 169 letter in 1996 88/0572 Organisms hannful to plants Member States winch have notified implementing measures: all Finland - 96/0727, no measures notified, Art. 169 letter in 1996, tenninated in 1996 88/0660 Health problems - meat products Member States which have notified implementing measures: all Finland - 96/0726, no measures notified, Art. 169 letter in 1996, tenninated in 1996 88/0661 Pigs for breeding Member States winch have notified implementing measures: all except A Austria - 96/0402, no measures notified, Art. 169 letter in 1996 339 89/0002 Cereal seed Member States wliich have notified unplementing measures: all except FIN Finland - 96/0725, no measures notified, Art. 169 letter in 1996 89/0014 Vegetable seed Member States which have notified unplementmg measures: all except A and FIN Austria Finland - 96/0403, no measures notified, Art. 169 letter in 1996 - 96/0724, no measures notified, Art. 169 letter in 1996 89/0100 Fodder-plant seed Member States which have notified implementing measures: all except FIN Finland - 96/0723, no measures notified, Art. 169 letter in 1996 89/0186 Pesticide residues in fruit and vegetables Member States which have notified implementmg measures: all Finland - 96/0722, no measures notified, Art. 169 letter m 1996 (to be tenninated in 1997) 89/0227 Health problems - meat products - non-member countries Member States which have notified implementing measures: all Finland - 96/0721, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 89/0321 Health problems - import of meat Member States which have notified implementmg measures: all except S Sweden - 96/0533, no measures notified, Art. 169 letter in 1996 340 89/0360 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 89/0361 Sheep and goats for breeding Member States which have notified implementing measures: all except A Austria - 96/0406, no measures notified, Art. 169 letter in 1996 89/0362 Hygiene in milk production holdings Member States winch have notified unplementing measures: all Finland - 96/0720, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 89/0365 Plant protection products containing certain active substances Member States which have notified implementmg measures: all except FIN Finland - 96/0719, no measures notified. Art. 169 letter m 1996 89/0384 Health problems - trade in milk Member States wliich have notified unplementing measures: all Finland - 96/0718, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 89/0424 Seed Member States which have notified implementing measures: all except FIN Finland - 96/0717, no measures notified, Art. 169 letter in 1996 341 89/0437 Health problems - eggs Member States which have notified implementing measures: all Austria Finland - 96/0408, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) - 96/0716, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 89/0439 Organisms hannful to plants Member States which have notified implementing measures: all except FIN Finland - 96/0715, no measures notified, Art. 169 letter in 1996, tenninated in 1996 89/0520 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN Finland - 96/0714, no measures notified, Art. 169 letter m 1996 89/0556 Embryos of bovine animals Member States which have notified implementing measures: all 89/0608 Mutual assistance - veterinary and zootechnical legislation Member States which have notified implementing measures: all 342 89/0662 Veterinary checks in intra-Community trade Member States which have notified implementing measures: all except IRL Ireland - 92/0794, no measures notified, referral in 1994, Case C-94/162, judgment in 1995, Art. 171 letter in 1996 (reasoned opinion (171) to be sent in 1997) Finland - 96/0713, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 90/0044 Compomid feedingstuffs Member States which have notified implementing measures: all except FIN Finland - 96/0712, no measures notified, Art. 169 letter in 1996 90/0118 Pure-bred breeding pigs Member States which have notified implementing measures: all except A Austria - 96/0411, no measures notified, Art. 169 letter in 1996 90/0119 Hybrid breeding pigs Member States winch have notified unplementing measures: all except A Austria - 96/0412, no measures notified, Art. 169 letter in 1996 90/0120 Bovine semen Member States which have notified implementing measures: all except FIN Finland - 96/0711, no measures notified, Art. 169 letter in 1996, terminated in 1996 343 90/0167 Medicated feedingstuffs Member States wliich have notified implementing measures: all except FIN Spain Finland - 92/0161, no measures notified, judgment in 1994, Case C-94/094, terminated in 1996 - 96/0710, no measures notified, Art. 169 letter in 1996 90/0168 Organisms harmful to plants Member States which have notified implementing measures: all Finland - 96/0709, no measiures notified, Art. 169 letter in 1996, terminated in 1996 90/0335 Plant protection products Member States winch have notified implementing measures: all except FIN Finland - 96/0708, no measures notified, Art. 169 letter in 1996 90/0422 Health problems - trade in animals - bovine leukosis Member States which have notified implementing measures: all. 90/0423 Control of foot-and-mouth disease Member States which have notified implementing measures: all 344 90/0425 Veterinary checks in intra-Community trade Member States which have notified implementing measures: all except IRL Ireland - 92/0799, no measures notified, reasoned opinion in 1993, referral in 1994, Case C-94/161, judgment in 1995, Art. 171 letter in 1996 (reasoned opinion (171) to be sent in 1997) Finland - 96/0707, no measures notified, Art. 169 letter in 1996, terminated in 1996 90/0426 Animal health conditions governing the movement of equidae Member States which have notified implementing measures: all 90/0427 Zootechnical conditions governing trade in equidae Member States which have notified implementing measures: all except A Austria - 96/0414, no measures notified, Art. 169 letter in 1996 90/0428 Trade in equidae for competitions Member States which have notified implementing measures: all except A Germany - 92/0121, no measures notified, reasoned opinion in 1993, tenninated in 1996 Austria Sweden - 96/0415, no measures notified, Art. 169 letter in 1996 - 96/0532, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 90/0429 Health problems - porcine semen Member States which have notified implementing measures: all 345 90/0439 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN Finland - 96/0706, no measures notified, Art. 169 letter in 1996 90/0533 Plant protection products Member States which have notified implementing measures: all except FIN Finland - 96/0705, no measures notified, Art. 169 letter in 1996 90/0539 Health problems - poultry and hatching eggs Member States which have notified implementing measures: all 90/0642 Pesticide residues in and on plant products Member States which have notified implementmg measures: all Finland - 96/0704, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 90/0667 Processing of animal waste Member States winch have notified implementing measures: all except A and FIN Netherlands - 92/0456, no measures notified, Case C-94/093, judgment in 1995, Austria Finland Art. 171 letter in 1995, tenninated in 1996 - 96/0418, no measures notified, Art. 169 letter in 1996 - 96/0703, no measures notified, Art. 169 letter in 1996 346 90/0675 Veterinary checks for products from non-member countries Member States which have notified implementing measures: all except IRL Ireland - 92/0801, no measures notified, reasoned opinion in 1993, referral in 1994, Case C-94/132, judgment in 1995, Art. 171 letter m 1996 (reasoned opinion (171 ) to be sent in 1997) 91/0067 Aquaculture products Member States which have notified implementing measures: all Ireland - 93/0275, no measures notified, referral in 1995, Case C-95/325, judgment in 1996, tenninated in 1996 91/0068 Health problems - trade in sheep Member States which have notified implementing measures: all 91/0069 Health problems - trade in sheep Member States which have notified implementing measures: all except S Sweden - 96/0531, no measures notified, Ait. 169 letter in 1996 91/0126 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN Finland - 96/0701, no measures notified, Art. 169 letter in 1996 91/0132 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN Finland - 96/0700, no measures notified, Art. 169 letter in 1996 347 91/0174 Marketing of pure-bred animals Member States which have notified implementing measiures: all except A Austria - 96/0419, no measures notified, Art. 169 letter in 1996 91/0188 Plant protection products, containing certain active substances Member States which have notified nnplementing measures: all except FIN Finland - 96/0699, no measures notified, Art. 169 letter in 1996 91/0248 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN 91/0249 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN Finland - 96/0698, no measures notified, Art. 169 letter in 1996 91/0266 Health problems - trade in animals and meat Member States which have notified implementing measures: all 91/0334 Compound feedingstuffs for pet animals Member States which have notified implementing measures: all except FIN Finland - 96/696, no measures notified, Art. 169 letter in 1996 348 91/0336 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN Finland - 96/0695, no measures notified, Art. 169 letter in 1996 91/0357 Compound feedingstuffs Member States wliich have notified implementing measures: all except FIN Finland - 96/0694, no measures notified, Art. 169 letter in 1996 91/0414 Placing of plant protection products on the market Member States winch have notified implementing measures: B, DK, E, F, IRL, I, L, NL, P, FIN, S,UK Germany Greece - 93/0906, no measures notified, referral in 1996, C-96/137 - 93/0914, no measures notified, referral in 1995, Case C-95/380, Austria - 96/0421, no measures notified. Art. 169 letter in 1996 judgment in 1996 91/0492 Live bivalve molluscs Member States which have notified implementing measures: all except A Ireland Austria Finland - 93/0266, no measures notified, referral in 1995, Case C-95/325; judgment in 1996, tenninated in 1996 - 96/0423, no measures notified, Art. 169 letter in 1996 - 96/0693, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 349 91/0493 Fishery products Member States which have notified implementing measures: all except A Ireland Austria Finland - 93/0265, no measures notified, referral in 1995, Case C-95/325. judgment in 1996, terminated in 1996 - 96/0424, no measures notified, Art. 169 letter in 1996 - 96/0692, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 91/0494 Health problems - import of poultrymeat Member States which have notified implementing measures: all Finland - 96/0691, no measures notified, Art. 169 letter in 1996, tenninated in 1996 91/0495 Rabbit meat and fanned game meat Member States which have notified implementing measures: all except FIN Ireland United Kingdom - 93/0264, no measures notified, referral in 1995, Case C-95/324 - 93/0473, no measiures notified, referral in 1995, Finland - 96/0690, no measures notified, Art. 169 letter in 1996 Case C-95/306, withdrawn in 1996 91/0496 Veterinary checks for animals from non-member countries Member States which have notified implementing measures: all except IRL Ireland - 92/0808, no measures notified, referral in 1994, Case C-94/138, judgment in 1995, Art. 171 letter in 1996 (reasoned opinion (171) to be sent in 1997) 350 91/0497 Fresh meat Member States which have notified implementing measures: all Finland - 96/0689, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 91/0499 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 91/0508 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN Finland - 96/0688, no measures notified, Art. 169 letter in 1996 91/0628 Protection of animals during transport Member States which have notified implementing measures: all except F and A France - 93/0229, no measures notified, referral in 1995, Case C-95/017, judgment in 1995, Art. 171 letter in 1996 (reasoned opinion (171) to be sent in 1997) Austria - 96/0426, no measures notified, Art. 169 letter in 1996 91/0629 Protection of calves Member States which have notified implementing measiures: all except A and FIN Austria Finland - 96/0427, no measures notified, Art. 169 letter in 1996 - 96/0687, no measures notified, Art. 169 letter in 1996 ;5i 91/0630 Protection of pigs Member States which have notified implementing measures: all except A and FIN Austria Finland - 96/0428, no measures notified, Art. 169 letter in 1996 - 96/0686, no measures notified, Ait. 169 letter in 1996 91/0682 Material for the propagation of ornamental plants Member States which have notified implementing measures: all except A and FIN Austria Sweden - 96/0431, no measures notified, Art. 169 letter in 1996 - 96/0530, no measures notified, Art. 169 letter in 1996, (to be terminated in 1997) Finland United Kingdom - 96/0685, no measures notified, Art. 169 letter in 1996 - 93/0468, no measures notified, reasoned opinion in 1995, tennmated in 1996 91/0683 Organisms hannful to plants Member States which have notified implementing measures: all Finland - 96/0684, no measures notified, Art. 169 letter in 1996, terminated in 1996 91/0684 Health problems - egg products Member States which have notified implementing measures: all Austria Finland - 96/0432, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) - 96/0683, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 352 91/0685 Control of classical swine fever Member States which have notified implementing measures: all Italy - 92/0834, no measures notified, referral m 1993, Case C-94/257, judgment in 1995, Art. 171 letter in 1996, tenninated in 1996 91/0687 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all Finland - 96/0682, no measures notified, Art. 169 letter in 1996, tenninated in 1996 91/0688 Health problems - import of animals and meat Member States which have notified implementing measures: all except FIN Belgium - 92/0671, no measures notified, Case C-94/066, judgment in 1995, Art. 171 letter in 1995, tenninated in 1996 Italy - 92/0836, no measures notified, Case C-94/257, judgment in 1995, tenninated in 1996 92/0005 Health problems - meat products Member States wliich have notified implementing measures: all Greece Finland - 93/0137, no measures notified, referral in 1995, Case C-95/304. judgment in 1996, tenninated in 1996 - 96/0680, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 92/0009 Seed of oil and fibre plants Member States which have notified implementing measures: all except A and FIN Austria Finland - 96/0434, no measures notified, Art. 169 letter in 1996 - 96/0679, no measures notified, Ait. 169 letter in 1996 353 92/0019 Fodder-plant seed Member States which have notified implementing measures: all except FIN Finland - 96/0678, no measures notified, Art. 169 letter in 1996 92/0033 Vegetable propagating material Member States which have notified unplementing measures: all except I, A and FIN Italy - 93/0297, no measures notified, referral in 1995, Case C-95/118, judgment in 1995, Art. 171 letter in 1996 (reasoned opinion (171) to be sent in 1997) United Kingdom - 93/0460, no measures notified, reasoned opinion in 1995, terminated in 1996 Austria Finland - 96/0437, no measures notified, Art. 169 letter in 1996 - 96/0677, no measures notified, Art. 169 letter in 1996 92/0034 Fruit-plant propagating material Member States which have notified implementing measures: all except I, A and FIN Italy - 93/0296, no measures notified, referral in 1995, Case C-95/118, judgment in 1995, Art. 171 letter in 1996 (reasoned opimon (171) to be sent in 1997) United Kingdom - 93/0459, no measures notified, reasoned opinion in 1995, tenninated in 1996 Austria Finland - 96/0438, no measures notified, Art. 169 letter in 1996 - 96/0676, no measures notified, Art. 169 letter in 1996 92/0035 Control of African horse sickness Member States which have notified implementing measures: all France Italy Finland 93/0213, no measures notified, referral in 1995, Case C-95/017, judgment in 1995, tenninated in 1996 93/0295, no measures notified, referral in 1995, Case C-95/117, judgment in 1996, tenninated in 1996 96/0675, no measures notified, Ait. 169 letter in 1996, tenninated in 1996 354 92/0036 African horse sickness Member States which have notified unplementing measures: all 92/0040 Avian influenza Member States winch have notified implementing measures: all except I Italy - 93/0292, no measures notified, referral in 1995, Case C-95/117, judgment in 1996 (to be terminated in 1997). United Kingdom - 93/0456, no measures notified, referral in 1995, Case C-95/306, withdrawn in 1996 92/0045 Wild-game meat Member States which have notified implementing measures: all Ireland Italy Portugal - 94/0203, no measures notified, refenal in 1995, Case C-95/319, withdrawn in 1996 - 94/0236, no measures notified, referral in 1995, Case C-95/314 (to be tenninated in 1997) - 94/0336, no measures notified, referral in 1996, Case C-95/385, withdrawn m 1996 United Kingdom - 94/0369, no measures notified, reasoned opinion in 1994, tenninated in 1996 Finland - 96/0674, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 92/0046 Milk products Member States which have notified implementing measiures: all except I Ireland Italy Finland - 94/0204, no measures notified, refenal in 1995, Case C-95/319, withdrawn in 1996 - 94/0237, no measures notified, referral in 1995, Case C-95/314 - 96/0673, no measures notified, Art. 169 letter in 1996 (to be tennmated in 1997) 355 92/0048 Hygiene rules applicable to fishery products Member States winch have notified implementmg measures: all Ireland Italy Finland - 93/0247, no measures notified, referral in 1995, Case C-95/325, judgment in 1996, tenninated m 1996 - 93/0290, no measures notified, referral in 1995, Case C-95/116, withdrawn in 1996 - 96/0672, no measures notified, Art. 169 letter in 1996, terminated in 1996 92/0060 Veterinary and zootechnical checks in intra-Community trade Member States which have notified unplementmg measures: all Ireland - 94/0456, no measures notified, reasoned opinion in 1996, tenninated in 1996 92/0063 Undesirable substances and products in animal nutrition. Member States which have notified implementing measures: all except FIN Finland - 96/0671, no measures notified, Ait. 169 letter in 1996 92/0064 Feedmgstuffs - additives Member States which have notified implementing measures: all except FIN Finland- - 96/0670, no measures notified, Art. 169 letter in 1996 92/0065 Semen, ova and embryos not subject to Directive 90/425/EEC Member States wliich have notified implementing measures: all except I Greece Ireland - 94/0120, no measures notified, referral in 1996, Case C-96/227, withdrawn in 1996 - 94/0207, no measures notified, referral in 1995, Case C-95/319. withdrawn in 1996 356 Italy - 94/0240, no measures notified, referral in 1995, Case C-95/314 (to be tenninated in 1997) Finland - 96/0669, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 92/0066 Control of Newcastle disease Member States which have notified implementing measures: all except I Greece Italy - 93/1026, no measures notified, referral in 1996, Case C-96/241, withdrawn in 1996 - 93/1046, no measures notified, referral in 1995, Case C-95/313 (to he terminated in 1997) United Kingdom - 93/1088, no measures notified, reasoned opinion in 1994, tenninated in 1996 92/0067 Veterinary checks in uitra-Community trade Member States which have notified implementing measures: all Ireland - 94/0457, no measures notified, reasoned opinion in 1996, tenninated in 1996 92/0070 Recognition of protected zones Member States which have notified implementing measures: all except FIN Finland - 96/0667, no measures notified. Art. 169 letter in 1996 92/0076 Protected zones exposed to particular plant health risks Member States winch have notified unplementing measures: all except FIN Finland - 96/0666, no measures notified, Art. 169 letter in 1996 92/0087 Preparation of compoimd feedingstuffs intended for animals other than pets Member States which have notified implementing measures: all except FIN 357 92/0088 Undesirable substances and products in animal nutrition Member States which have notified implementing measures: all except I and FIN Italy Finland - 94/0243, no measures notified, referral in 1995, Case C-95/314 - 96/0665, no measures notified, Art. 169 letter in 1996 92/0089 Community methods of analysis for the official control of feedingstuffs Member States winch have notified unplementing measures: all except FIN Portugal - 93/1078, no measures notified, reasoned opinion in 1994, tenninated Finland - 96/0664, no measures notified, Art. 169 letter in 1996 in 1996 92/0090 Producers and importers of plants Member States which have notified implementing measures: all except FIN Finland - 96/0663, no measures notified, Art. 169 letter in 1996 92/0095 Community methods of analysis for the official control of feedingstuffs Member States which have notified implementing measures: all except FIN Portugal - 93/1079, no measures notified, referral in 1995, Case C-95/402. withdrawn in 1996 92/0098 Organisms hannful to plants Member States which have notified unplementing measures: all Finland - 96/0662, no measures notified, Art. 169 letter in 1996, tenninated in 1996 358 92/0102 Identification and registration of animals Member States which have notified nnplementing measures: all except FIN and UK Belgium Spain Ireland - 95/0015, no measures notified, Art. 169 letter in 1995 (**), terminated in 1996 - 95/0077, no measures notified, Art. 169 letter in 1995 (**), terminated in 1996 - 94/0212, no measures notified, reasoned opinion in 1994 (*), terminated in 1996 - 95/0111, no measures notified, Art. 169 letter in 1995 (**), terminated in 1996 Italy - 94/0245, no measures notified, reasoned opinion in 1994 (*), tenninated in 1996 - 95/0128, no measures notified, reasoned opinion in 1996 (**), tenninated in 1996 United Kingdom - 95/0191, no measures notified, reasoned opinion in 1996(**) (referral scheduled in 1997) Finland - 96/0661, no measures notified, Art. 169 letter in 1996 (***) ( *) Cattle and pigs Sheep and goats All aspects 92/0103 Organisms hannful to plants Member States which have notified implementing measures: all Finland - 96/0660, no measures notified, Art. 169 letter in 1996, tenninated in 1996 92/0105 Plant passports Member States which have notified implementing measures: all except A and FIN Finland - 96/0659, no measures notified, Art. 169 letter in 1996, terminated in 1996 359 92/0107 Oil and fibre plants Member States which have notified implementing measures: all except A and FIN Italy Austria Finland Portugal - 94/0872, no measures notified, reasoned opinion in 1996, tenninated in 1996 - 96/0440, no measures notified, Art. 169 letter in 1996 - 96/0658, no measures notified, Art. 169 letter in 1996 - 94/0928, no measures notified, Art. 169 letter in 1995, terminated in. 1996 92/0113 Additives in feedmgstuffs Member States which have notified implementing measures: all except FIN 92/0116 Health problems affecting trade in fresh poulrrymeat Member States winch have notified implementing measures: all except D and I Germany Greece Ireland Italy - 94/0081, no measures notified, referral in 1996, Case C-96/138 - 94/0113, no measures notified, referral in 1996, Case C-96/094, withdrawn in 1996 - 94/0214, no measures notified, referral in 1995, Case C-95/319, withdrawn in 1996 - 94/0247, no measures notified, referral in 1995, Case C-95/314 92/0117 Zoonoses and zoonotic agents Member States which have notified implementmg measures: all except I and B Belgium France Ireland Italy Netherlands Finland 94/0019, no measures notified, reasoned opinion in 1994 94/0182, no measures notified, referral in 1995, Case C-95/256, withdrawn in 1996 94/0215, no measures notified, referral in 1995, Case C-95/319, withdrawn in 1996 94/0248, no measures notified, referral in 1995, Case C-95/314 94/0316, no measures notified, Art. 169 letter in 1994, tenninated in 1996 96/0656, no measures notified, Ait. 169 letter in 1996 360 92/0118 Products not subject to specific health requirements Member States which have notified implementing measures: all except I, EL and FIN Greece France Ireland Italy Finland - 94/0111, no measures notified, referral in 1996, Case C-96/091, judgment in 1996 - 94/0183, no measures notified, referral in 1995, Case C-95/256, withdrawn in 1996 - 94/0216, no measures notified, referral in 1995, Case C-95/319, withdrawn in 1996 - 94/0249, no measures notified, referral in 1995, Case C-95/314 - 96/0655, no measures notified, Art. 169 letter in 1996 92/0119 Specific measures relating to swine vesicular disease Member States which have notified implementing measures: all Belgium Ireland Italy - 93/0974, no measures notified, reasoned opinion in 1994 - 93/1037, no measures notified, referral in 1995, Case C-95/318, withdrawn in 1996 - 93/1050, no measures notified, referral in 1995, Case C-95/313, withdrawn in 1997 Netherlands - 93/1058, no measures notified, reasoned opinion in 1994, tenninated in 1996 93/0017 Community grades of seed potatoes Member States which have notified unplementing measures: all except FIN Finland - 96/0654, no measures notified, Art. 169 letter in 1996 93/0026 Feedingstuffs Member States winch have notified implementing measures: all except FIN Finland - 96/0653, no measures notified, Art. 169 letter in 1996 361 93/0027 Feedingstuffs - additives Member States winch have notified implementing measures: all except FIN Greece Finland - 94/0542, no measures notified, referral in 1996, Case C-96/211, terminated in 1996 - 96/0652, no measures notified, Art. 169 letter in 1996 93/0028 Official control of feedingstuffs Member States which have notified implementing measiures: all except P and FIN Portugal Finland - 94/0934, no measures notified, reasoned opinion in 1996 - 96/0651, no measures notified, Art. 169 letter in 1996 93/0048 Fruit-plant propagating material Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S. UK Germany France Italy Austria Finland Portugal United Kingdom notified, referral in 1996, Case C-96/139 notified, referral in 1995, Case C-95/256, 94/0086, no measures 94/0185, no measures withdrawn in 1996 94/0253, no measures notified, referral in 1995, Case C-95/315, judgment in 1996 96/0447, no measures 96/0650, no measures 94/0352, no measures withdrawn in 1996 94/0384, no measures notified, reasoned opimon in 1995, tennmated in 1996 notified, Art. 169 letter in 1996 notified, Art. 169 letter in 1996 notified, referral in 1995, Case C-95/385. 93/0049 Material for the propagation of ornamental plants Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, UK. Germany France 94/0087, no measures notified, refenal in 1996, Case C-96/139 94/0186, no measures notified, referral in 1995, Case C-95/256, withdrawn in 1996 362 Italy Austria Portugal - 94/0254, no measures notified, referral in 1995, Case C-95/315, judgment in 1996 - 96/0448, no measures notified, Art. 169 letter in 1996 - 94/0353, no measures notified, referral in 1995, Case C-95/385, withdrawn in 1996 United Kingdom - 94/0385, no measures notified, reasoned opinion in 1995, tenninated in 1996 Sweden Finland - 96/0529, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) - 96/0649, no measures notified, Art. 169 letter in 1996 93/0050 Organisms harmful to plants Member States which have notified unplementmg measures: all except FIN Finland - 96/0648, no measures notified, Art. 169 letter in 1996 93/0051 Movement of plants in protected zones Member States which have notified implementing measures: all except FIN Finland - 96/0647, no measures notified, Art. 169 letter in 1996 93/0052 Embryos of domestic bovine animals Member States wliich have notified implementing measures, all except EL Belgium - 94/0026, no measures notified, reasoned opinion in 1994, tenninated Greece Italy in 1996 - 94/0108, no measures notified, referral in 1996, Case C-96/091, judgment in 1996 - 94/0255, no measures notified, referral in 1995, Case C-95/315, judgment in 1996 (to be tenninated in 1997) United Kingdom - 94/0386, no measures notified, reasoned opinion in 1994, tenninated in 1996 363 93/0053 Control of certain fish diseases Member States which have notified unplementing measures: B, DK, D, EL, E, IRL, L, NL, A, FIN, S, UK Belgium - 94/0786, no measures notified, Art. 169 letter in 1995, tennmated in Greece France Ireland 1996 - 94/0985, no measures notified, Art. 169 letter in 1995, terminated in , 1996 - 94/0840, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) - 94/0859, no measures notified, referral in 1996, Case C-96/290, withdrawn in 1996 Italy Netherlands - 94/0880, no measures notified, referral in 1996, Case C-96/316 - 94/0915, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Portugal Finland - 94/0937, no measures notified, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) - 96/0646, no measures notified, Art. 169 letter in 1996, tenninated in 1996 93/0054 Animals and products offish fanning Member States wliich have notified implementing measures: all except I Belgium Ireland Italy Portugal - 94/0787, no measures notified, Art. 169 letter in 1995, tennmated in 1996 - 94/0860, no measures notified, refenal in 1996, Case C-96/290, withdrawn in 1996 - 94/0881, no measures notified, referral in 1996, Case C-96/316 - 94/0938, no measures notified, Art. 169 letter in 1996, tennmated in 1996 93/0055 Feedingstuffs - additives Member States which have notified unplementing measures: all except FIN Greece Finland - 94/0696, no measures notified, reasoned opinion in 1996, tenninated in 1996 - 96/0645, no measures notified, Art. 169 letter in 1996 364 93/0056 Feedingstuffs Member States which have notified implementing measures: all except FIN v Finland - 96/00644, no measures notified, Art. 169 letter in. 1996 93/0057 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified unplementing measures: all Finland - 96/0643, no measures notified, Art. 169 letter in 1996 (to be terminated m 1997) 93/0058 Pesticide residues - products of plant origin Member States which have notified implementing measures: all Finland - 96/0642, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 93/0060 Fresh semen Member States wliich have notified implementing measures: all except EL and P Greece Italy - 94/0983, no measures notified, reasoned opinion in 1996 - 94/0882, no measures notified, referral in 1996, Case C-96/317, withdrawn in 1996 Portugal United Kingdom - 94/0939, no measures notified, reasoned opinion in 1996 - 94/0959, no measures notified, Art. 169 letter in 1995, tennmated m 1996 365 93/0061 Vegetable propagating and planting material Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S. UK Belgium Germany France Italy Austria Finland Portugal United Kingdom referral in 1996, Case C-96/139 referral in 1995, Case C-95/256, 94/0029, no measures notified, reasoned opinion in 1994, tenninated in 1996 94/0091, no measures notified, 94/0190, no measures notified, withdrawn in 1996 94/0258, no measures notified, referral in 1995, Case C-95/315: judgment in 1996 96/0449, no measures notified, 96/0641, no measures notified, 94/0357, no measures notified, withdrawn in 1996 94/0389, no measures notified, reasoned opinion in 1995, termmated in 1996 Art. 169 letter in 1996 Art. 169 letter in 1996 referral in 1995, Case C-95/385. 93/0062 Vegetable propagating material Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, UK. Belgium Germany France Italy Austria Finland Portugal United Kingdom referral in 1996, Case C-96/344 Art. 169 letter in 1994, tenninated in 94/0628, no measures notified, referral in 1996,Case C-96/243 withdrawn in 1996 94/0652, no measures notified, 94/0679, no measures notified, 1996 94/0724, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) 96/0450, no measures notified, 96/0640, no measures notified, 94/0757, no measures notified, in 1996 94/0960, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Art. 169 letter in 1996 Art. 169 letter in 1996 reasoned opimon in 1996, tenninated 366 93/0063 Ornamental plants Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S. UK Belgium Germany France Italy Austria Sweden Finland Portugal United Kingdom referral in 1996, Case C-96/344 Art. 169 letter in 1994, tenninated in 94/0629, no measures notified, referral in 1996, Case C-96/244 withdrawn in 1996 94/0653, no measures notified, 94/0680, no measures notified, 1996 94/0725, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) 96/0451, no measures notified, 96/0528, no measures notified, (to be tenninated in 1997) 96/0639, no measures notified, 94/0758, no measures notified, in 1996 94/0961, no measures notified, Art. 169 letter in 1995, terminated in 1996 Art. 169 letter in 1996 reasoned opmion in 1996, terminated Art. 169 letter in 1996 Art. 169 letter in 1996 93/0064 Fmit plant propagating material Member States which have notified unplementmg measures: B, DK, EL, E, F, IRL, L, NL, P, S. UK Belgium Germany France Italy Austria Finland Portugal United Kingdom notified, referral in 1996, Case C-96/344 notified, Art. 169 letter in 1994, tenninated in 94/0630, no measures notified, referral m 1996, Case C-96/265 withdrawn in 1996 94/0654, no measures 94/0681, no measures 1996 94/0726, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) 96/0452, no measures 96/0638, no measures 94/0759, no measures in 1996 94/0962, no measures notified, Art. 169 letter in 1995, tenninated in 1996 notified, Art. 169 letter in 1996 notified, Art. 169 letter in 1996 notified, reasoned opinion in 1996, tenninated !67 93/0070 Official control of feedingstuffs Member States wliich have notified implementing measures: all except EL and FIN Greece Portugal - 94/0694, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) - 94/0760, no measures notified, reasoned opimon in 1996, tenninated m 1996 United Kingdom - 94/0773, no measures notified, reasoned opinion in 1996, terminated Finland - 96/0637, no measures notified, Art. 169 letter in 1996 in 1996 93/0071 Plant protection products Member States wliich have notified implementing measures: B, DK, E, F, IRL, I, L, NL, P, FIN, S,UK Germany - 94/0816, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) Greece Austria Finland - 94/0980, no measures notified, reasoned opinion in 1996 - 96/0454, no measures notified, Art. 169 letter in 1996 - 96/0636, no measures notified, Art. 169 letter in 1996, termmated in 1996 93/0074 Feedingstuffs intended for special nutritional purposes Member States winch have notified unplementuig measures: B, DK, D, IRL, L, NL, A, P, S, UK Belgium - 95/0395, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Germany - 95/0433, no measures notified, Art. 169 letter in 1995, terminated in Spain France Greece Ireland Italy 1996 - 95/0478, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0501, no measures notified, reasoned opimon in 1996 - 95/0451, no measures notified, reasoned opinion in 1996 - 95/0523, no measures notified, Art. 169 letter in 1995, tennmated in 1996 - 95/0543, no measures notified, reasoned opinion in 1996 368 Portugal Finland - 95/0604, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 96/0635, no measures notified, Art. 169 letter in 1996 93/0078 Ornamental plants Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, UK Belgium Germany France Italy Portugal Austria Sweden Finland United Kingdom 94/0631, no measures withdrawn in 1996 94/0655, no measures 94/0683, no measures 1996 94/0728, no measures scheduled in 1997) 94/0761, no measures in 1996 96/0455, no measures 96/0527, no measures 1996 96/0634, no measures 94/0967, no measures 1996 notified, referral in 1996, Case C-96/244, notified, referral in 1996, Case C-96/344 notified, Art. 169 letter in 1994, terminated in notified, reasoned opinion in 1996 (referral notified, reasoned opimon in 1996, tenninated notified, Art. 169 letter in 1996 notified, Art. 169 letter in 1996, tenninated in notified, Art. 169 letter in 1996 notified, Art. 169 letter in 1995, tenninated m 93/0079 Fruit plant propagating material Member States winch have notified unplementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, UK Belgium Germany France Italy Austria Sweden Finland - 94/0632, no measures notified, referral in 1996, Case C-96/265, withdrawn in 1996 - 94/0656, no measures notified, referral in 1996, Case C-96/344 - 94/0684, no measures notified, Art. 169 letter in 1994, tenninated in 1996 - 94/0729, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) - 96/0456, no measures notified, Art. 169 letter in 1996 - 96/0526, no measures notified, Art. 169 letter in 1996, terminated in 1996 - 96/0633, no measures notified, Art. 169 letter in 1996 369 Portugal - 94/0762, no measures notified, reasoned opinion in 1996, tenninated United Kingdom - 94/0968, no measures notified, Art. 169 letter in 1995, terminated in in 1996 1996 93/0085 Potato ring rot Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, S, UK Germany Italy Austria Finland - 94/0093, no measures notified, referral in 1996, Case C-96/146 - 94/0260, no measures notified, referral in 1995, Case C-95/315 - 96/0457, no measures notified, Art. 169 letter in 1996 - 96/0632, no measures notified, Art. 169 letter in 1996 93/0106 Particular plant health risks - protected zones Member States which have notified implementing measures: all except EL and L Greece - 94/0423, no measures notified, reasoned opinion in 1995 (referral scheduled in 1997) Luxembourg United Kingdom - 94/0477, no measures notified, referral in 1996, Case C-96/362 - 94/0498, no measures notified, Ait. 169 letter in 1994, tenninated in 1996 93/0107 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN Greece Austria Finland - 95/0067, no measures notified, reasoned opmion in 1996, terminated in 1996 - 96/0459, no measiures notified, Art. 169 letter in 1996 (to be tenninated in 1997) - 96/0631, no measures notified, Art. 169 letter in 1996 370 93/0110 Organisms hannful to plants and plant products Member States which have notified implementing measures: all Greece Finland - 94/0422, no measures notified, reasoned opimon in 1995, terminated in 1996 - 96/0630, no measures notified, Art. 169 letter in 1996, tenninated in 1996 93/0113 Enzymes and micro-organisms in animal nutrition Member States which have notified implementing measures: B, DK, D, EL, E, IRL, L, NL, A, P, S,UK Greece France Italy Austria Finland - 94/0977, no measures notified, reasoned opinion in 1996, tennmated in 1996 - 94/0849, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) - 94/0889, no measures notified, referral in 1996, Case C-96/316 - 96/0461, no measures notified, Art. 169 letter in 1996, to be termmated in 1997 - 96/0629, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) Portugal - 94/0946, no measures notified, reasoned opinion in 1996 (to be tenninated in 1997) 93/0114 Feedingstuffs - additives Member States which have notified implementing measures: B, DK, D, E, IRL, L, NL, A, P, S, UK Greece France Italy Portugal Sweden Finland 94/0976, no measures notified, reasoned opinion in 1996 94/0850, no measures notified, reasoned opinion in 1996 (refenal scheduled in 1997) 94/0890, no measures notified, referral in 1996, Case C-96/316 94/0947, no measures notified, reasoned opinion in 1996 (to be tenninated in 1997) 96/0525, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) 96/0628, no measures notified, Art. 169 letter in 1996 371 93/0117 Official control of feedingstuffs Member States which have notified unplementing measures: B, DK, D, E, F, LRL, I, L, NL, A, P, S,UK Greece Luxembourg - 95/0068, no measures notified, reasoned opimon m 1996 - 95/0149, no measures notified, Art. 169 letter in 1995, terminated in 1996 Portugal - 95/0179, no measures notified, Art. 169 letter in 1995, terminated in 1996 United Kingdom - 95/0203, no measures notified, reasoned opinion in 1996, terminated in 1996 Sweden Finland - 96/0524, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997) - 96/0627, no measures notified, Art. 169 letter in 1996 93/0118 Financing of veterinary health inspections Member States winch have notified implementing measures: for provisions falling due on 31. 12. 1993: all except A, FIN for provisions falling due on 01. 01. 1995: DK, D, F, IRL, L, NL,S, UK Belgium Spain Greece Italy Austria Sweden Finland Portugal United Kingdom 95/0025, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) 95/0085, no measiures notified, reasoned opinion in 1996 (referral scheduled in 1997) 95/0069, no measures notified, 95/0135, no measures notified, 96/0462, no measures notified, 96/0523, no measures notified, (to be tenninated in 1997) 96/0626, no measures notified, 95/0180, no measures notified, scheduled in 1997) 95/0204, no measures notified, Art. 169 letter in 1995, tenninated in 1996 reasoned opmion m 1996 reasoned opmion in 1996 Art. 169 letter in 1996 Art. 169 letter in 1996 Art. 169 letter in 1996 reasoned opinion in 1996 (referral 372 93/0119 Protection of animals at the time of slaughter or killing Member States which have notified implementing measures: DK, EL, E, IRL, L, P Germany Belgium France Greece Italy Netherlands Austria Sweden Finland Portugal United Kingdom 95/0257, no measures notified, scheduled in 1997) 95/0233, no measures notified, scheduled in 1997) 95/0295, no measures notified, scheduled in 1997) 95/0271, no measures notified, in 1996 95/0322, no measures notified, 95/0352, no measures notified, opinion to be sent in 1997) 96/0463, no measures notified, 96/0522, no measures notified, (to be terminated in 1997) 96/0625, no measures notified, 95/0364, no measures notified, 1996 95/0379, no measures notified, scheduled in 1997) reasoned opmion in 1996 (referral reasoned opinion in 1996 (referral reasoned opimon in 1996 (referral reasoned opinion in 1996, terminated reasoned opinion in 1996 Art. 169 letter in 1995 (reasoned Art. 169 letter in 1996 Art. 169 letter in 1996 Art. 169 letter in 1996 Art. 169 letter in 1995, tenninated in reasoned opinion in 1996 (referral 93/0120 Health problems - poultry and hatching eggs Member States which have notified implementing measures: DK, D, E, F, IRL, L, NL, A, FIN, S,UK. Belgium Greece Italy Portugal - 95/0234, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) - 95/0272, no measures notified, reasoned opinion in 1996 - 95/0323, no measures notified, reasoned opinion in 1996 - 95/0365, no measures notified, reasoned opinion in 1996 173 93/0121 Health problems - trade in poulrrymeat Member States which have notified implementing measures: B, DK, D, E, F, ERL, L, NL, A, P, FIN, S, UK Greece Italy Sweden Finland - 95/0273, no measures notified, reasoned opinion in 1996 - 95/0324, no measures notified, reasoned opinion in 1996 - 96/0521, no measures notified, Art. 169 letter in 1996, termmated in 1996 - 96/0623, no measures notified, Art. i69 letter in 1996, terminated in 1996 94/0003 Interception of hannful organisms Member States wliich have notified implementing measures: all except L Germany - 94/0657 no measures notified, referral in 1996, Case C-96/344 (withdrawn in 1997) Italy - 94/0730, no measures notified, reasoned opinion in 1996, tenninated in 1996 Luxembourg Finland - 94/0741, no measures notified, referral in 1996, Case C-96/362 - 96/0622, no measures notified, Art. 169 letter in 1996, tenninated in 1996 94/0013 Organisms hannfi. il to plants Member States winch have notified implementing measures: all except D Germany - 95/0258, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) Denmark - 95/0248, no measures notified, Art. 169 letter in 1995, tenninated in Italy Portugal Finland 1996 - 95/0325, no measures notified, Art. 169 letter in 1995, terminated in 1996 - 95/0367, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 96/0621, no measures notified, Art. 169 letter m 1996, terminated in 1996 374 94/0014 Feedingstuffs - official control Member States which have notified implementing measures: all except P Luxembourg - 95/0571, no measures notified, Art. 169 letter in 1995, terminated in 1996 Austria - 96/0465, no measures notified, Art. 169 letter in 1996, terminated in 1996 Portugal - 95/0608, no measures notified, Art. 169 letter in 1995 (reasoned opimon to be sent in 1997) 94/0016 Undesirable substances and products in animal nutrition Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, NL, A, P, S,UK. Italy Luxembourg - 95/0326, no measures notified, reasoned opinion in 1996 - 95/0341, no measures notified, reasoned opinion in 1996 (referral scheduled in 1997) Portugal Finland - 95/0368, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0620, no measures notified, Art. 169 letter in 1996 94/0017 Feedingstuffs - additives Member States which have notified unplementing measures: all except FIN Greece Portugal Finland - 95/0072, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0184, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - no measures notified, Art. 169 letter in 1996 94/0028 Imports from third countries - zootechnical and genealogical conditions Member States which have notified implementmg measures: D, DK, EL, E, I, NL, FIN, S Germany Belgium - 95/0436, no measures notified, Art. 169 letter in 1995, tennmated in 1996 - 95/0402, no measures notified, reasoned opinion m 1996 375 Denmark France Greece Ireland Luxembourg Austria Portugal United Kingdom 95/0424, no measures notified, Art. 169 letter in 1995, tenninated in 1996 95/0505, no measures notified, reasoned opinion in 1996 95/0457, no measures notified, Art. 169 letter in 1995, terminated m 1996 95/0527, no measures notified, 95/0573, no measures notified, 96/0467, no measures notified, 95/0610, no measures notified, (reasoned opinion to be sent in 95/0635, no measures notified, reasoned opinion in 1996 reasoned opinion in 1996 Art. 169 letter in 1996 Art. 169 letter in 1995 1997) reasoned opimon in 1996 94/0029 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified implementing measures: all Belgium - 95/0403, no measures notified, reasoned opinion m 1996 France Italy (to be tenninated in 1997) - 95/0506, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0549, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Luxembourg - 95/0574, no measures notified, Art. 169 letter in 1995, terminated in 1996 Portugal - 95/0611, no measures notified, Art. 169 letter in 1995 (to be tenninated in 1997) Finland - 96/0618, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 94/0030 Pesticide residues m products of plant origin Member States which have notified implementing measures: all except F Belgium - 95/0404, no measures notified, Art. 169 letter in 1996 Spain France Italy (to be tenninated in 1997) - 95/0484, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0507, no measures notified, reasoned opmion in 1996 - 95/0550, no measures notified, Art. 169 letter in 1995, tenninated in 1996 376 Luxembourg - 95/0575, no measures notified, Art. 169 letter in 1995, terminated in Portugal Finland 1996 - 95/0612, no measures notified, Art. 169 letter in 1995 (to be terminated in 1997) - 96/0617, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 94/0037 Plant protection products Member States which have notified implementing measures: B, DK, E, IRL, I, L, NL, FIN, S. UK. Germany - 95/0437, no measures notified, Art. 169 letter in 1995 Spain France Greece Austria Finland (reasoned opinion to be sent in 1997) - 95/0485, no measures notified, Art. 169 letter in 1995, tennmated in 1996 - 95/0509, no measures notified, reasoned opinion in 1996 - 95/0459, no measures notified, reasoned opinion in 1996 - 96/0468, no measures notified, Art/169 letter in 1996 - 96/0616, no measures notified, Art. 169 letter in 1996, tenninated in 1996 Portugal - 95/0614, no measures notified, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) 94/0039 Intended uses of feedmgstuffs for particular nutritional purposes Member States which have notified unplementmg measures: B, DK, E, IRL, L, NL, A, P, UK Germany Belgium Spain France Greece Ireland Italy Portugal 95/0438, no measures notified, (reasoned opinion to be sent in 95/0406, no measures notified, 1996 95/0486, no measures notified, 1996 95/0510, no measures notified, 95/0460, no measures notified, 95/0529, no measures notified, 1996 95/0552, no measures notified, 95/0615, no measures notified, 1996 Art. 169 letter in 1995 1997) Art. 169 letter in 1995, tenninated in Art. 169 letter in 1995, tenninated in reasoned opinion in 1996 reasoned opinion in 1996 Art. 169 letter in 1995, tenninated in reasoned opinion in 1996 Art. 169 letter in 1995, tenninated in 377 Sweden Finland - 96/0520, no measures notified, Art. 169 letter in 1996 - 96/0615, no measures notified, Art. 169 letter in 1996 94/0040 Additives - guidelines for evaluation Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, A, S, UK. Greece Portugal Sweden Finland -, 94/0973, no measures notified, reasoned opinion in 1996 - 94/0950, no measures notified, reasoned opinion in 1996 - 96/0519, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) - 96/0614, no measures notified, Art. 169 letter in 1996 94/0041 Feedingstuffs - additives Member States which have notified implementing measures: all except D and FIN Germany - 95/0439, no measures notified, Art. 169 letter in 1995 Greece Portugal Finland (reasoned opinion to be sent in 1997) - 95/0461, no measures notified, Art. 169 letter m 1995, terminated in 1996 - 95/0616, no measures notified, Art. 169 letter in 1995, terminated in 1996 - 96/0613, no measures notified. Art. 169 letter in 1996 94/0042 Health problems - live animals Member States which have notified implementing measures: B, DK, D, E, F, NL, A, FIN, S, UK. Greece Ireland Italy Luxembourg - 95/0276, no measures notified, reasoned opmion in 1996 - 95/0311, no measures notified, reasoned opinion in 1996 - 95/0327, no measures notified, reasoned opinion in 1996 - 95/0343, no measures notified, reasoned opinion in 1996 (referral Portugal - 95/0370, no measures notified, reasoned opinion in 1996 scheduled in 1997) 378 94/0059 Imports from third countries - examination for trichinae Member States which have notified implementing measures: B, DK, E, F, IRL, L, NL, A, P, FIN Germany - 95/0052, no measures notified, reasoned opinion in 1996 (referral Spain France Greece Ireland scheduled in 1997) - 95/0090, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0108, no measures notified, Art. 169 letter in 1995, terminated in 1996 - 95/0075, no measures notified, reasoned opinion in 1996 - 95/0124, no measures notified, reasoned opinion in 1996, terminated in 1996 Italy United Kingdom - 95/0141, no measures notified, reasoned opinion in 1996 - 95/0210, no measures notified, reasoned opmion in 1996(referral Sweden - 96/0518, no measures notified, Art. 169 letter in 1996 scheduled in 1997) 94/0065 Minced meat and meat preparations Member States which have notified unplementing measures: B, DK, F, IRL, L, NL, A, S, P Belgium Germany Denmark Spain Greece Italy Luxembourg Austria Finland Sweden United Kingdom 96/0231, no measures notified, Art. 1996 96/0247, no measures notified, Art. 96/0242, no measures notified, Art. 1996 96/0277, no measures notified, Art. 96/0263, no measures notified, Art. 96/0306, no measures notified, Art. 96/0318, no measures notified, Art. 1996 96/0471, no measures notified, Art. (to be tenninated in 1997) 96/0611, no measures notified, Art. 96/0517, no measures notified, Art. (to be tenninated in 1997) 96/0351, no measures notified, Ait. 169 letter in 1996, tenninated in 169 letter in 1996 169 letter in 1996, terminated in 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996, tenninated in 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 379 94/0071 Raw milk, heat-treated milk and milk-based products Member States which have notified implementing measures: B, DK, D,E, IRL, L, NL, P, FIN, S. UK. Belgium Spain France Greece Ireland Italy Austria United Kingdom 95/0411, no measures notified, Art. 169 letter in 1995, tennmated in 1996 95/0492, no measures notified, Art. 169 letter in 1995, terminated in 1996 95/0514, 95/0467, 95/0533, 1996 95/0557, 96/0472, 95/0640, 1996 no measures notified, reasoned opinion in 1996 no measures notified, Art. 169 letter in 1996 no measures notified, Art. 169 letter in 1995, terminated in no measures notified, reasoned opinion in 1996 no measures notified, reasoned opinion m 1996 no measures notified, Art. 169 letter in 1995, terminated in 94/0079 Plant protection products Member States which have notified implementing measures: B, DK, E, IRL, I, NL, FIN, S, UK. Germany Denmark Greece France Luxembourg Austria Portugal Finland 96/0248, no measures notified, Art. 96/0243, no measures notified, Art. (to be tennmated in 1997) 96/0264, no measures notified, Art. 96/0283, no measures notified, Art. 96/0319, no measures notified, Art. 96/0473, no measures notified, Art. 96/0340, no measures notified, Art. 96/0610, no measures notified, Art. 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996, tenninated in 380 95/0004 Organisms harmful to plants Member States which have notified implementing measures: all Germany - 95/0264, no measures notified, reasoned ophnon in 1996, tenninated Greece Italy Finland in 1996 - 95/0282, no measures notified, Art. 169 letter in 1995, terminated in 1996 - 95/0333, no measures notified, Art. 169 letter in 1995, terminated in 1996 - 96/0609, no measures notified, Art. 169 letter in 1996, terminated in 1996 95/0006 Cereal seed Member States which have notified implementing measures: all except EL and FIN Germany - 95/0443, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Greece Italy - 95/0469, no measures notified, reasoned opinion in 1996 - 95/0560, no measures notified, reasoned opinion in 1996 (to be tenninated m 1997) Luxembourg - 95/0581, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Netherlands - 95/0598, no measures notified, Art. 169 letter m 1995, tenninated in 1996 Portugal - 95/0624, no measures notified, Art. 169 letter in 1995, tennmated in 1996 Sweden Finland - 96/0516, no measures notified, Art. 169 letter in 1996, tenninated in 1996 - 96/0608, no measures notified, Art. 169 letter in 1996 95/0009 Feedingstuffs intended for particular nutritional purposes Member States which have notified implementmg measures: B, DK, E, IRL, NL, A, P, UK Germany Belgium 95/0444, no measures notified, Art. 169 letter m 1995 (reasoned opinion to be sent in 1997) 95/0415, no measures notified, Art. 169 letter in 1995, tenninated in 1996 381 Spain France Greece Ireland Italy Luxembourg Portugal Sweden Finland no measures notified, reasoned opinion in 1996 no measures notified, reasoned opmion in 1996 no measures notified, Art. 169 letter in 1995, terminated in no measures notified, reasoned opmion in 1996 no measures notified, reasoned opinion m 1996 no measures notified, Art. 169 letter in 1995, terminated in no measures notified, Art. 169 letter in 1996 no measures notified. Art. 169 letter in 1996 95/0010 Calculating the energy value of certain dog and cat food Member States which have notified implementing measures: B, DK, E, IRL, NL, A, P, UK Germany Belgium Spain France Greece Ireland Italy Luxembourg Netherlands Portugal Sweden Finland 95/0445, no measures notified, (reasoned opinion to be sent in 95/0416, no. measures notified, 1996 95/0495, no measures notified, 1996 95/0518, no measures notified, 95/0471, no measures notified, 95/0536, no measures notified, 1996 95/0562, no measures notified, 95/0583, no measures notified, 95/0600, no measures notified, 1996 95/0626, no measures notified, 1996 96/0514, no measures notified, 96/0606, no measures notified, Art. 169 letter in 1995 1997) Art. 169 letter in 1995, terminated in Art. 169 letter in 1995, tennmated in reasoned opinion in 1996 reasoned opinion in 1996 Art. 169 letter in 1995, terminated in reasoned opmion in 1996 reasoned opinion in 1996 Art. 169 letter in 1995, terminated in Art. 169 letter in 1995, tenninated in Art. 169 letter in 1996 Art. 169 letter m 1996 382 95/0011 Feedingstuffs - assessment of additives Member States winch have notified implementing measures: B, DK, D, E, IRL, I, NL, A, S, UK France Greece Ireland Italy Luxembourg Portugal Sweden Finland 96/0099, no measures notified, 96/0062, no measures notified, 96/0118, no measures notified, 1996 96/0137, no measures notified, 1996 96/0155, no measures notified, 96/0181, no measures notified, opmion to be sent in 1997) 96/0513, no measures notified, (to be tenninated in 1997) 96/0605, no measures notified. reasoned opinion m 1996 reasoned opinion in 1996 Art. 169 letter in 1996, tenninated in Art. 169 letter in 1996, tennmated in reasoned opinion in 1996 Art. 169 letter in 1996 (reasoned Art. 169 letter in 1996 Art. 169 letter in 1996 95/0022 Aquaculture products Member States which have notified implementing measures: B, DK, D, NL, P, S, UK Greece Spain France Ireland Italy Luxembourg Austria Finland , no measures , no measures , no measures , no measures , no measures , no measures , no measures , no measures notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 95/0023 Fresh meat - production conditions Member States which have notified implementing measures: B, DK, E, I, L, A, P, FIN, UK Germany Belgium Denmark 96/0046, no measures notified, Art. 169 letter in 1996 (reasoned opinion to be sent in 1997) 96/0014, no measiures notified, Art. 169 letter in 1996, tenninated in 1996 96/0028, no measures notified, Art. 169 letter in 1996, tenninated in 1996 383 Spain France Greece Ireland Italy Luxembourg Netherlands Portugal United Kingdom Sweden Finland 96/0082, no measures notified, 1996 96/0101, no measures notified, 96/0064, no measures notified, 96/0120, no measures notified, 96/0139, no measures notified, 1996 96/0157, no measures notified, in 1996 96/0168, no measures notified, (reasoned opinion to be sent in 96/0189, no measures notified, 1996 96/0209, no measures notified, 1996 96/0510, no measures notified, 96/0604, no measures notified, (to be termmated in 1997) Art. 169 letter in 1996, tenninated in reasoned opinion in 1996 reasoned opmion in 1996 reasoned opimon in 1996 Art. 169 letter in 1996, tenninated in reasoned opinion in 1996, terminated Art. 169 letter in 1996 1997) Art. 169 letter in 1996, tenninated in Art. 169 letter in 1996, tenninated in Art. 169 letter in 1996 Art. 169 letter in 1996 95/0025 Health problems - live animals Member States which have notified implementing measures: D, DK, E, F, NL, A, P, FIN Belgium Denmark Spain France Greece Ireland Italy Luxembourg Netherlands Portugal United Kingdom Sweden 96/0015, 96/0029, 1996 96/0083, 1996 96/0102, 1996 96/0065, 96/0121, 96/0140, 96/0158, 96/0169, 1996 96/0190, 1996 96/0210, 96/0509, no measures notified, reasoned opinion in 1996 no measures notified , Art. 169 letter in 1996, tenninated in no measures notified, Art. 169 letter in 1996, tenninated in no measures notified, Art. 169 letter in 1996, terminated in no measures notified, reasoned opinion in 1996 no measures notified, reasoned opinion in 1996 no measures notified, reasoned opinion in 1996 no measures notified, reasoned opinion in 1996 no measures notified, Art. 169 letter in 1996, tenninated in no measures notified, Art. 169 letter in 1996, terminated in no measures notified, reasoned opinion in 1996 no measures notified. Art. 169 letter in 1996 384 95/0029 Protection of animals during transport Member States which have notified implementmg measures: S Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland United Kingdom no no no no no no no no no no no no no no measures measures measures measures measures measures measures measures measures measures measures measures measures measures notified (Art. notified. (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 95/0033 Feedingstuffs - products used Member States which have notified implementing measures: DK, EL, E, IRL, NL, A, FIN, UK Belgium Germany France Italy Luxembburg Portugal Sweden. ,no measures notified (Art. ,no measures notified (Art. ,no measures notified (Art. , no measures notified (Art. tennmated in 1997). , no measures notified (Art. , no measures notified (Art. , no measures notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) (to be 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 95/0035 Placing of plant protection products on the market Member States which have notified unplementmg measures: B, DK, E, F, IRL, I, NL, S Germany Greece Luxembourg - - -. , no measures notified (Art. 169 letter to be sent in 1997). ,no measures notified (Art. 169 letter to be sent in 1997). , no measures notified (Art. 169 letter to be sent in 1997) !85 Austria Portugal Finland United Kingdom. ,no measures notified (Art. 169 letter to be sent in 1997). ,no measures notified (Art. 169 letter to be sent in 1997). ,no measures notified (Art. 169 letter to be sent in 1997). , no measures notified (Art. 169 letter to be sent m 1997) 95/0036 Plant protection products. Member States which have notified implementing measures: B, DK, E, F, IRL, I, NL, FIN, S, Germany Denmark France Greece Luxembourg Netherlands Portugal Austria Finland Sweden United Kingdom UK 96/0252, no measures notified, Art. 96/0244, no measures notified, Art. (to be tenninated in 1997) 96/0287, no measures notified, Art. (to be terminated in 1997) 96/0268, no measures notified, Art. 96/0323, no measures notified, Art. 96/0334, no measures notified, Art. 1996 96/0343, no measures notified, Art. 96/0480, no measures notified, Art. 96/0603, no measures notified, Art. (to be tenninated in 1997) 96/0512, no measures notified, Art. 1996 96/0352, no measures notified, Art. (to be tenninated in 1997) 169 letter 169 letter m 1996 in 1996 169 letter in 1996 169 letter 169 letter 169 letter in 1996 in 1996 in 1996, terminated in 169 letter 169 letter 169 letter in 1996 in 1996 in 1996 169 letter in 1996, terminated in 169 letter in 1996 95/0037 Feedingstuffs - additives Member States which have notified implementing measures: B, DK, E, IRL, I, NL, A, S, UK Germany Greece France Luxembourg Portugal Finland. , no measures notified (Art. , no measures notified (Art. , no measures notified (Art. ,, no measures notified (Art. , no measures notified (Art. , no measures notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 386 95/0038 Pesticide residues in and on fruit and vegetables Member States winch have notified implementing measures: DK, E, IRL, I, L, NL, P, UK Belgium Germany Greece France Austria Finland Sweden. , no measures notified (Art. 169 letter to be sent in 1997). , no measures notified (Art. 169 letter to be sent in 1997) ,. , no measures notified (Art. 169 letter to be sent in 1997). ,no measures notified (Art. 169 letter to be sent in 1997). , no measures notified (Art. 169 letter to be sent in 1997). , no measures notified (Art. 169 letter to be sent in 1997). , no measures notified (Art. 169 letter to be sent in 1997) 95/0039 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified implementing measures: DK, E, F, IRL, I, L, NL, P, UK Belgium Germany Greece Austria Finland Sweden. , no measures notified (Art. , no measures notified (Art. , no measures notified (Art. , no measures notified (Art. , no measures notified (Art. , no measures notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 95/0040 Organisms hannful to plants - protected zones Member States which have notified implementing measures: B, DK, E, F, IRL, I, NL, A, P, S, UK. Germany - 95/0446, no measures notified, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) Belgium - 95/0417, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Denmark - 95/0429, no measures notified, Art. 169 letter in 1995, tenninated in Spain France Greece 1996 - 95/0496, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0519, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0472, no measures notified, reasoned opinion in 1996 387 Italy - 95/0563, no measures notified, Art. 169 letter in 1995, terminated in 1996 Luxembourg Portugal - 95/0584, no measures notified, reasoned opinion in 1996 - 95/0627, no measures notified, Art. 169 letter in 1995, terminated in 1996 United Kingdom - 95/0643, no measures notified, Art. 169 letter in 1995, terminated in Finland - 96/0602, no measures notified, Art. 169 letter in 1996 1996 95/0041 Organisms harmful to plants Member States which have notified implementing measures: B, DK, E, F^ IRL, I, NL, A, P, FIN, S,UK. Germany - 95/0447, no measures notified, Art. 169 letter in 1995 (reasoned opinion to be sent in 1997) Belgium - 95/0418, no measures notified, Art. 169 letter in 1995, terminated in 1996 Denmark - 95/0430, no measures notified, Art. 169 letter in 1995, terminated in Spain France Greece Italy 1996 - 95/0497, no measures notified, Art. 169 letter in 1995, tenninated in 1996 - 95/0520, no measures notified, Art. 169 letter in 1995, tennmated in 1996 - 95/0473, no measures notified, reasoned opinion in 1996 - 95/0564, no measures notified, Art. 169 letter in 1995, tenninated in 1996 Luxembourg Portugal - 95/0585, no measures notified, reasoned opinion in 1996 - 95/0628, no measures notified, Art. 169 letter in 1995, terminated in 1996 Finland - 96/0601, no measures notified, Art. 169 letter in 1996, terminated in 1996 United Kingdom - 95/0644, no measures notified, Art. 169 letter in 1995,terminated iii 1996 388 95/0044 Organisms hannful to plants - work for trial or scientific purposes Member States which have notified implementing measures: B, DK, E, IRL, I, NL, A, P, FIN, S, UK Belgium - 96/0235, no measures notified, Art. 169 letter in 1996, terminated in 1996 Germany France Greece Luxembourg Finland - 96/253, no measures notified, Art. 169 letter in 1996 - 96/288, no measures notified, Art. 169 letter in 1996 - 96/269, no measures notified, Art. 169 letter in 1996 - 96/324, no measures notified, Art. 169 letter in 1996 - 96/600, no measures notified, Art. 169 letter in 1996, terminated in Sweden - 96/511, no measures notified, Art. 169 letter in 1996, terminated in 1996 1996 95/0061 Pesticide residues in and on fruit and vegetables Member States wliich have notified implementing measures: DK, E, IRL, L, NL, UK Belgium Germany Greece France Italy Austria Portugal Finland Sweden , no measures , no measures , no measures , no measures , no measures , no measures , no measures , no measures , no measures notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. 169 letter to 169 letter to 169 letter to 169 letter to 169 letter to 169 letter to 169 letter to 169 letter to 169 letter to be sent in be sent in be sent in be sent in be sent in be sent in be sent in be sent in be sent in 1997) 1997) 1997) 1997) 1997) 1997) 1997) 1997) 1997) 95/0065 Organisms harmful to plants - protected zones Member States which have notified implementing measures: B, DK, E, IRL, I, NL, A, P, S, UK Germany France Greece Luxembourg Finland 96/0256, no measures notified, Art. 169 letter in 1996 96/0290, no measures notified, Art. 169 letter in 1996 96/0271, no measures notified, Art. 169 letter in 1996 96/0326, no measures notified, Art. 169 letter in 1996 96/0599, no measures notified, Art. 169 letter in 1996 389 95/0066 Organisms harmful to plants and plant products Member States which have notified implementing measures: B, DK, E, IRL, I, NL, A, P, S, UK Germany France Greece Luxembourg Finland United Kingdom - 96/0257, no measures notified, Art. 169 letter in 1996 - 96/0291, no measures notified, Art. 169 letter in 1996 - 96/0272, no measures notified, Art. 169 letter in 1996 - 96/0327, no measures notified, Art. 169 letter in 1996 - 96/0598, no measures notified, Art. 169 letter in 1996 - 96/0355, no measures notified, Art. 169 letter in 1996, terminated in 1996 95/0068 Marketing of meat products Member States wliich have notified implementing measures: DK Belgium Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom. , no. , no. , no. , no. , no. , no. , no. , no. , no. , no. , no. , no. , no. , no measures measures measures measures measures measures measures measures measures measures measures measures measures measures notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 96/0006 Feedingstuffs, undesirable substances Member States which have notified implementing measures: B, DK, E, IRL, NL, UK Germany Greece France Italy - - - -. , no measures notified (Art. 169 letter to be sent in 1997). ,no measures notified (Art. 169 letter to be sent in 1997). ,no measures notified (Art. 169 letter to be sent in 1997). , no measures notified (Art. 169 letter to be sent in 1997) 390 Luxembourg Austria Portugal Finland Sweden. , no measures notified (Art. , no measures notified (Art. ,no measures notified (Art. , no measures notified (Art. , no measures notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 96/0007 Feedingstuffs - additives Member States which have notified unplementing measures: B, DK, E, IRL, I, NL, UK Germany Greece France Luxembourg Austria Portugal Finland Sweden , no measures , no measures , no measures , no measiures , no measures , no measures , no measures , no measures notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 96/0014 Organisms harmful to plants or plant products Member States wliich have notified implementing measures: B, DK, E, IRL, NL, A, P, FIN, S, UK Belgium Germany France Greece Ireland Italy Luxembourg Netherlands Portugal 96/0240, no measures notified, Art. (to be terminated in 1997) 96/0260, no measures notified, Art. 96/0294, no measures notified, Art. 96/0275, no measures notified, Art. 96/0304, no measures notified, Art. 1996 96/0315, no measures notified, Art. 96/0329, no measures notified, Art. 96/0338, no measures notified, Art. 1996 96/0349, no measures notified, Art. 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996, terminated in 169 letter in 1996 169 letter in 1996 169 letter in 1996, tenninated in 169 letter in 1996, tenninated in 391 Finland Sweden - 96/0597, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) - 96/0508, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997) 96/0015 Organisms harmful to plants - protected zones Member States which have notified implementing measures: B, DK, E, IRL, NL, A, S, UK Belgium Germany France Greece Ireland Italy Luxembourg Netherlands Portugal Finland Sweden 96/0241, no measures notified, Art. 96/0261, no measures notified, Art. 96/0295, no measures notified, Art. 96/0276, no measures notified, Art. 96/0305, no measures notified, Art. 1996 96/0316, no measures notified, Art. 96/0330, no measures notified, Art. 96/0339, no measures notified, Art. 1996 96/0350, no measures notified, Art. 1996 96/0596, no measures notified, Art. 96/0507, no measures notified, Art. (to be terminated in 1997) 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996 169 letter in 1996, terminated in 169 letter in 1996 169 letter in 1996 169 letter in 1996, terminated in 169 letter in 1996, terminatedtn 169 letter in 1996 169 letter in 1996 96/0018 Seeds and propagating materials, marketing Member States which have notified implementing measures: DK, E, I, L, P, S, UK Belgium Germany Greece France Ireland Netherlands Austria Finland no measures no measures no measures no measures no measures no measures no measures no measures notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. notified (Art. 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 169 letter to be sent in 1997) 392 6. ENVIRONMENT 67/0548 Labelling of dangerous substances Member States which have notified implementing measures: all 69/0081 Labelling of dangerous substances Member States which have notified unplementing measures: all 70/0157 Sound level of motor vehicles Member States which have notified implementing measures: all 70/0189 Labelling of dangerous substances Member States which have notified implementing measures: all 72/0306 Emission of pollutants from diesel engines Member States which have notified implementing measures: all 73/0146 Labelling of dangerous substances Member States wliich have notified implementing measures: all 75/0409 Labelling of dangerous substances Member States which have notified implementing measures: all 393 75/0439 Disposal of waste oils Member States which have notified implementing measures: all Germany Italy Portugal - 90/5097, not properly applied, referral scheduled in 1997 - 86/0419, not properly applied, terminated in 1996 - 93/2115, not properly implemented, reasoned opinion to be sent in 1997 75/0440 Surface water Member States which have notified implementing measures: all Belgium - 87/0345, not properly unplemented, 2nd referral 171 scheduled for 1997 Germany France Italy Portugal United Kingdom - 87/0372, not properly implemented, 2nd referral 171 scheduled 1997 - 92/4200, not properly applied, reasoned opinion to be sent in 1997 - 89/0206, not properly implemented, referral scheduled in 1997 - 92/2300, not properly applied, referral scheduled in 1997 - 89/4571, not properly unplemented, reasoned opinion in 1996 75/0442 Waste Member States which have notified implementing measures: all Greece Greece Greece Greece Ireland Italy Italy 89/0138, not properly applied, judgment 07. 04. 92 - Case C-91/045, Art. 171 letter in 1995 92/4682, not properly applied, reasoned opinion to be sent in 1997 92/5154, not properly applied, tenninated in 1996 93/4481, not properly applied, reasoned opinion to be sent in 1997 91/0704, not properly implemented, referral scheduled in 1997 88/0239, not properly applied, judgment in 1991 - Case C-90/033, 2nd refenal 171 scheduled for 1997 90/0262, not properly applied, referral scheduled in 1997 75/0716 Sulphur content of liquid fuel Member States winch have notified implementing measures: all 394 76/0160 Bathing water Member States which have notified implementing measures: all except FIN, S Belgium Germany Spain France Italy Finland United Kingdom 89/0416, not properly 89/0317, not properly 89/0418, not properly C-96/092 96/2107, not properly 87/0356, not properly 96/0559, no measures 86/0214, not properly Case C-90/056 applied, reasoned opinion to be sent m 1997 applied, referral scheduled m 1997 applied, referral in 1996 - Case applied, reasoned opinion to be sent in 1997 implemented, referral scheduled in 1997 notified, reasoned opinion to be sent in 1997 applied, judgment in 1993 - 76/0403 Disposal of PCBs Member States winch have notified implementing measures: all ' 76/0464 Dangerous substances in the sea Member States which have notified implementing measures: all Belgium Germany Greece Greece Greece Spain Spain Spain Spain France Ireland implemented, referral scheduled in 1997 applied, referral scheduled in 1997 applied, referral in 1995 - applied, reasoned opinion in 1996 applied, referral in 1995 - applied, referral scheduled in 1997 applied, reasoned opinion in 1995 applied, reasoned opinion to be applied, suppl. reasoned opinion to be sent in applied, referral scheduled in 1997 implemented, reasoned opinion to be sent in 91/0205, not properly 89/2343, not properly 91/0620, not properly Case C-95/233 90/0979, not properly 89/0303, not properly Case C-95/232 90/0960, not properly 90/2190, not properly 94/4865, not properly sent in 1997 94/4548, not properly 1997 91/0206, not properly 94/4274, not properly 1997 395 Ireland Ireland Italy Italy Luxembourg Netherlands Portugal United Kingdom applied, reasoned opinion to be sent in 1997 implemented, reasoned opinion to be sent in 90/0961, not properly 90/5220, not properly 1997 91/0642, not properly applied, referral in 1996 - Case C-96/285 92/2184, not properly implemented, reasoned opinion to be sent in 1997 91/0207, not properly applied, referral in 1996 - Case C-96/206 » 90/4113, not properly 91/0556, not properly 91/0785, not properly applied, reasoned opmion to be sent in 1997 applied, referral scheduled in 1997 applied, reasoned opinion to be sent in 1997 76/0907 Labelling of dangerous substances Member States which have notified implementing measures: all 78/0176 Waste - titanium dioxide Member States which have notified implementing measures: all 78/0319 Toxic and dangerous waste Member States which have notified implementing measures: all Germany - 90/0038, not properly applied, referral m 1992, Case C-92/422, judgment in 1994 78/0659 Quality of fresh waters Member States which have notified implementmg measures: all Belgium Germany France Italy 90/2202, not properly applied, reasoned opmion in 1996 90/2203, not properly applied, referral m 1995, Case C-95/298 91/4338, not properly applied, reasoned opinion to be sent in 1997 90/0211, not properly implemented, referral in 1993, Case C-93/291, judgment in 1994, Art. 169 letter 171 to be sent in 1997 396 78/1015 Sound level of motorcycles Member States which have notified implementing measures: all 79/0113 Noise emissions from construction plant Member States which have notified implementing measures: all 79/0370 Labelling of dangerous substances Member States which have notified implementing measures: all 79/0409 Conservation of wild birds Member States which have notified implementing measures: all except FIN Belgium Germany Germany Spain Spain France France France France France France France France Italy 90/0291, not properly implemented, reasoned opinion in 1993, suppl. reasoned opinion to be sent in 1997 92/4575, not properly applied, reasoned opinion to be sent in 1997 86/0222, not properly implemented, judgment in 1990 - Case C- 88/288, 2nd referral scheduled in 1997 91/4380, not properly applied, reasoned opinion in 1996 88/0295, not properly applied, judgment in 1993 - Case C-90/355, Art. 169 letter 171 in 1996 84/0121, not properly implemented, Case C-90/355, judgment in 1993, suppl. reasoned opinion 171 to be sent in 1997 94/4084, not properly implemented, reasoned opmion to be sent in 1997 94/4733, not properly applied, reasoned opinion to be sent in 1997 91/4599, not properly applied, referral scheduled in 1997 92/4052, not properly applied, reasoned opinion to be sent in 1997 92/4527, not properly applied, reasoned opinion to be sent in 1997 89/4910, not properly applied, reasoned opinion in 1995 91/0640, not properly applied, referral scheduled in 1997 92/4279, not properly implemented, reasoned opinion to be sent in 1997 397 Italy Luxembourg - 87/0327, not properly applied, referral scheduled in 1997 - 88/0172, not properly applied, suppl. reasoned opinion to be sent in 1997 Netherlands Finland - 93/4479, not properly applied, reasoned opinion to be sent in 1997 - no measures notified, reasoned opinion to be sent in 1997 79/0831 Labelling of dangerous substances Member States which have notified implementing measures: all 79/0869 Surface water Member States which have notified implementing measures: all except S Portugal - 93/2035, not properly implemented, referral scheduled in 1997 79/0923 Shellfish waters Member States which have notified implementing measures: all except FIN, S Italy - 91/0743, not properly applied, reasoned opinion in 1993, referral in 1996, Case C-96/225 80/0051 Noise emissions from aircraft Member States wliich have notified unplementmg measures: all Germany - 93/4719, not properly applied, terminated in 1996 80/0068 Protection of groundwater Member States which have notified implementing measures: all except S Germany - 86/0121, not properly implemented, Case C-l31/88, 2nd referral 171 Ireland - 89/0163, not properly implemented, suppl. reasoned opinion scheduled for 1997 to be sent in 1997 598 Portugal United Kingdom - 93/2112, not properly implemented, referral scheduled in 1997 - 88/0354, not properly applied, terminated in 1996 80/0778 Labelling of dangerous substances Member States which have notified implementing measures: all Belgium France Italy Netherlands Portugal - 90/5043, not properly applied, reasoned opinion in 1996 - 91/2316, not properly applied, referral scheduled in 1997 - 87/0363, not properly implemented, terminated in 1996 - 91/0214, not properly implemented, terminated in 1996 - 93/2191, not properly implemented, reasoned opimon to be sent m 1997 United Kingdom United Kingdom - 87/0370, not properly applied, terminated in 1996 - 91/0772, not properly applied, referral in 1996, Case C-96/340 80/0779 Air quality (addressed to Greece) Member States which have notified implementing measures: all except A, FIN Austria Portugal Finland - 96/0386, no measures notified, reasoned opinion to be sent m 1997 - 93/2113, not properly applied, reasoned opinion to be sent in 1997 - 96/0564, no measures notified, reasoned opinion to be sent in 1997 80/0836 Health protection - ionizing radiation Member States wliich have notified implementing measures: all Luxembourg - 88/0487, not properly unplemented, suppl. reasoned opinion to be sent in 1997 Netherlands - 88/0488, not properly unplemented, reasoned opimon in 1990 80/1189 Labelling of dangerous substances Member States which have notified implementing measures: all 399 81/0854 Conservation of wild birds Member States which have notified implementing measures: all 81/0855 Surface water (addressed to: Member States winch have notified implementing measures: EL Greece) 81/0857 Air quality (addressed to Greece) (addressed to: Greece) Member States which have notified implementing measures: EL 81/0858 Labelling of dangerous substances Member States which have notified unplementing measures: all 81/0957 Labelling of dangerous substances Member States which have notified unplementing measures: all 81/1051 Acquired rights - doctors, nurses, dentists and veterinary surgeons Member States which have notified unplementuig measures: all 82/0176 Mercury discharges Member States which have notified implementing measures: all Italy - 92/2207, not properly implemented, reasoned opimon to be sent in 1997 400 82/0232 Labelling of dangerous substances Member States which have notified implementing measures: all 82/0501 Major-accident hazards Member States which have notified implementing measures: all Germany Italy - 87/0219, not properly implemented, referral scheduled in 1997 - 91/2065, not properly applied, referral scheduled in 1997 82/0883 Titanium dioxide waste Member States which have notified implementing measures: all 82/0884 Lead in the air Member States which have notified implementing measures: all except A, FIN Austria Finland - 96/0388, no measures notified, reasoned opinion to be sent m 1997 - 96/0565, no measures notified, reasoned opimon to be sent in 1997 83/0029 Waste - titanium dioxide Member States which have notified unplementing measures: all 83/0129 Seal-pup skins Member States which have notified implementing measures: all except A, FIN Finland - 96/0567, no measures notified, reasoned opinion to be sent in 1997 83/0206 Noise emissions from aircraft Member States which have notified unplementing measures: all 401 83/0467 Labelling of dangerous substances Member States wliich have notified implementing measures: all 83/0513 Cadmium discharges Member States which have notified implementing measures: all Italy - 92/2205, not properly implemented, reasoned opinion to be sent in 1997 84/0156 Mercury discharges Member States winch have notified implementing measures: all Portugal - 92/2303, not properly applied, referral scheduled in 1997 84/0360 Air pollution from industrial plants Member States which have notified implementing measures: all 84/0449 Labelling of dangerous substances Member States wliich have notified unplementing measures: all 84/0466 Radiation protection - patients Member States which have notified unplementmg measures: all Belgium - 90/0237, not properly implemented, suppl. Art. 169 letter to be sent Spain Ireland Italy Portugal in 1997 - 91/0723, not properly implemented, referral scheduled in 1997 - 90/0239, not properly implemented, reasoned opinion m 1993 - 90/0240, not properly implemented, judgment in 1993, Case C 92/95, 2nd referral 171 scheduled for 1997 - 90/0242, not properly implemented, referral scheduled in 1997 402 84/0467 Health protection - ionizing radiation Member States which have notified implementing measures: all 84/0491 HCH discharges Member States which have notified implementing measures: all 84/0532 Construction plant Member States which have notified implementing measures: all 84/0533 Sound power level of compressors Member States wliich have notified implementing measures: all 84/0534 Sound power level of tower cranes Member States which have notified implementing measures: all 84/0535 Sound power level of welding generators Member States which have notified implementing measures: all 84/0536 Sound power level of power generators Member States which have notified unplementing measures: all 84/0537 Sound power level of hand-held concrete breakers Member States which have notified implementing measures: all 403 84/0538 Sound power level of lawnmowers Member States winch have notified implementing measures: all 84/0631 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 85/0203 Air quality - nitrogen dioxide Member States which have notified implementing measures: all except A, FIN Austria Finland United Kingdom - 96/0394, no measures notified, reasoned opinion to be sent in 1997 - 96/0568, no measures notified, reasoned opimon to be sent in 1997 - 89/5110, not properly implemented, reasoned opinion in 1993 85/0210 Lead content of petrol Member States which have notified implementing measures: all 85/0337 Assessment of projects on the environment Member States which have notified implementing measures: all Belgium Germany Greece Greece Spain Ireland Italy Portugal 89/0652, not properly implemented referral in 1994, CaseC-94/133 90/4710, not properly implemented, referral in 1995, CaseC-95/301 91/2036, not properly implemented, reasoned opinion to be sent in 1997 93/4048, not properly 90/0129, not properly to be sent in 1997 89/0425, not properly 91/0794, not properly 91/2168, not properly implemented, referral scheduled in 1997 implemented, reasoned opinion in 1993 implemented, referral scheduled in 1997 applied, reasoned opmion to be sent in 1997 implemented, suppl. reasoned opinion 404 85/0339 Containers for liquids for human consumption Member States which have notified implementing measures: all 85/0405 Noise emissions from construction plant Member States which have notified nnplementing measures: all 85/0406 Sound power level of compressors Member States which have notified implementing measures: all 85/0407 Sound power level of welding generators Member States winch have notified implementing measures: all 85/0408 Sound power level of power generators Member States which have notified implementing measures: all 85/0409 Sound power level of hand-held concrete breakers Member States wliich have notified implementing measures: all 85/0411 Conservation of wild birds Member States which have notified implementing measures: all except FIN Netherlands - 87/0176, not properly applied, referral in 1996, Case C-96/003 Finland - 96/0569, no measures notified, reasoned opinion to be sent in 1997 405 85/0444 Seal-pup skins Member States which have notified implementing measures: all except A, FIN Finland - 96/0570, no measures notified, reasoned opinion to be sent in 1997 85/0467 Dangerous substances and preparations Member States which have notified unplementing measures: all 85/0469 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 85/0580 Air quality - nitrogen dioxide Member States winch have notified implementing measures: all 85/0581 Lead content of petrol Member States winch have notified unplementmg measures: all 86/0121 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 86/0122 Conservation of wild birds Member States which have notified implementing measures: all 406 86/0278 Sewage sludge used in agriculture Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, v A, P, FIN, S, UK Belgium - 90/0230, no measures notified, Case C-93/260, judgment in 1994, (to be tenninated in 1997) France - 92/2226, not properly unplemented, reasoned opinion to be sent in 1997 86/0279 Transfrontier shipment of hazardous waste Member States which have notified implementmg measures: all 86/0280 Dangerous substances in the sea Member States which have notified implementing measures: all Germany Ireland - 89/0427, not properly implemented, referral in 1995, Case C-95/262 - 91/2216, not properly implemented, suppl. reasoned opinion Portugal - 92/2358, not properly implemented, referral scheduled m 1997 to be sent in 1997 86/0295 Construction plant Member States which have notified implementing measures: all 86/0296 Construction plant Member States which have notified implementing measures: all 86/0431 Labelling of dangerous substances Member States which have notified implementing measures: all Austria - 96/0397, no measures notified, reasoned opinion to be sent in 1997 407 86/0594 Noise from household appliances Member States which have notified implementing measures: all except A 86/0609 Protection of animals Member States which have notified implementing measures: all except S Belgium Luxembourg - 93/2218, not properly implemented, referral scheduled in 1997 - 93/2190, not properly implemented, reasoned opimon to be sent in 1997 Portugal - 92/2359, not properly implemented, reasoned opimon to be sent in 1997 86/0662 Noise emissions from hydraulic excavators Member States which have notified implementing measures: all 87/0018 Good laboratory practice Member States which have notified implementing measures: all. 87/0101 Disposal of waste oils Member States which have notified unplementing measures: all 87/0112 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 87/0216 Major-accident hazards Member States which have notified implementing measures: all 408 87/0217 Pollution by asbestos Member States which have notified implementing measures: B, DK, D, EL, E, F, LRL, I, L, NL, A, P, FIN, S, UK Belgium Portugal United Kingdom - 90/4122, not properly applied, reasoned opinion to be sent in 1997 - 91/2218, not properly implemented, referral scheduled in 1997 - 91/2163, not properly applied, reasoned opimon in 1995 87/0219 Sulphur content of liquid fuel Member States which have notified implementing measures: all 87/0252 Sound power level of lawnmowers Member States which have notified implementing measures: all 87/0405 Sound power level of tower cranes Member States which have notified implementing measures: all 87/0416 Lead content of petrol Member States which have notified unplementing measures: all 87/0432 Labelling of dangerous substances Member States which have notified implementing measures: all 88/0180 Sound power level of lawnmowers Member States winch have notified implementing measures: all 88/0181 Sound power level of lawnmowers Member States wliich have notified implementing measures: all 409 88/0302 Labelling of dangerous substances Member States which have notified implementing measures: all 88/0347 Dangerous substances in the sea Member States which have notified implementing measures: all 88/0490 Labelling of dangerous substances Member States which have notified implementing measures: all 88/0609 Emissions from large combustion plants Member States which have notified implementing measures: all Portugal - 91/2220, not properly implemented, reasoned opinion to be sent in 1997 88/0610 Major-accident hazards Member States which have notified implementing measures: all 89/0369 Incineration of municipal waste Member States which have notified implementmg measures: B, DK, D, EL, E, F, IRL, L, NL, A, P, FIN, S, UK Italy - 91 /0417, no measures notified, referral in 1995, Case C-95/237 Portugal - 91/2173, not properly implemented, referral scheduled in 1997 410 89/0370 Seal-pup skins Member States which have notified implementing measures: all except A, FIN Finland - 96/0572, no measures notified, reasoned opinion to be sent in 1997 89/0427 Sulphur dioxide in the air Member States which have notified implementing measures: all except A, FIN Finland - 96/0573, no measures notified, reasoned opimon to be sent m 1997 89/0429 Incineration of municipal waste Member States winch have notified unplementing measures: all Italy - 91/0418, no measures notified, tenninated in 1996 89/0514 Noise emissions from hydraulic excavators Member States which have notified implementing measures: all 89/0618 Health protection - radiological emergency Member States wliich have notified implementing measures: B, DK, D, EL, E, F, IRL, I, NL, A, P, S, UK Luxembourg - 93/0611, no measures notified, referral in 1995, CaseC-46/95 89/0629 Noise emissions from aeroplanes Member States which have notified implementmg measures: all 411 90/0219 Genetically modified organisms Member States which have notified implementing measures: all except L Belgium Germany - 93/2120, not properly implemented, reasoned opinion in 1996 - 91/2336, not properly implemented, reasoned opimon to be sent in 1997 Greece Luxembourg - 92/0264, no measures notified, terminated in 1996 - 92/0395, no measures notified, referral in 1995, Case C-95/312 Portugal - 93/2179, not properly implemented, reasoned opimon to be sent in 1997 90/0220 Genetically modified organisms Member States which have notified unplementing measures: all except L Belgium Germany - 93/2120, not properly unplemented, reasoned opinion in 1996 - 91/2336, not properly implemented, reasoned opinion to be sent in 1997 Greece Luxembourg - 92/0263, no measures notified, terminated in 1996 - 92/0396, no measures notified, referral in 1995, Case C-95/312 Portugal - 93/2179, not properly unplemented, reasoned opinion to be sent in 1997 90/0313 Freedom of access to infonnation on the environment Member States which have notified implementmg measures: all Germany France - 94/2196, not properly implemented, referral scheduled in 1997 - 93/2058, not properly implemented, reasoned opimon to be sent in 1997 Netherlands - 93/2034, not properly implemented, reasoned opimon to be sent in 1997 90/0415 Dangerous substances in the sea Member States which have notified implementing measiures: all 412 90/0517 Labelling of dangerous substances Member States which have notified implementing measures: all 90/0641 Radiation protection - outside workers Member States which have notified implementing measures: DK, D, F, IRL, I, L, NL, A, FIN, S, UK Belgium Greece Spain Portugal - 94/0004, no measures notified, reasoned opinion to be sent in 1997 - 94/0130, no measures notified, reasoned opinion to be sent in 1997 - 94/0131, no measures notified, reasoned opinion in 1995 - 94/0332, no measures notified, reasoned opinion to be sent in 1997 90/0656 Transitional measures - protection of the environment (addressed to: Germany) Member States which have notified implementing measures: D 90/0660 Transitional measures - protection of the environment (addressed to: Germany) Member States which have notified unplementing measures: D 91/0156 Waste Member States which have notified unplementing measures: B, DK, D, EL, IRL, I, L, NL, A, P, FIN, S, UK Greece Spain France Ireland Italy - 93/0719, no measures notified, terminated in 1996 - 93/0720, no measures notified, referral in 1996, Case C-96/107 - 93/0737, no measures notified, referral in 1996, Case C-96/223 - 93/0762, no measures notified, terminated in 1996 - 95/2184, not properly applied, reasoned opinion to be sent in 1997 413 91/0157 Batteries containing dangerous substances Member States winch have notified implementing measures: DK, EL, E, IRL, L, NL, A, P, FIN, S,UK Belgium Belgium Germany Greece Spain Spain France France Ireland Italy Italy 92/1005, no measures 94/2271, not properly 92/1006, no measures Case C-96/236 94/2273, not properly 92/1008, no measures 94/2277, not properly 94/2270, not properly 92/1009, no measures C-96/282 94/4343, not properly 92/1011, no measures Case C-95/303 94/2274, not properly notified, reasoned opinion to be sent in 1997 applied, reasoned opinion in 1996 notified, referral in 1996, applied, reasoned opinion to be sent in 1997 notified, terminated in 1996 applied, reasoned opinion to be sent in 1997 applied, reasoned opinion to be sent in 1997 notified, referral in 1996, Case applied, reasoned opinion to be sent in 1997 notified, judgment in 1996, applied, reasoned opinion to be sent m 1997 91/0244 Conservation of wild birds Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, A, P, S,UK Belgium Greece Finland - 93/2123, not properly implemented, reasoned opinion to be sent in 1997 - 93/0901, no measures notified, referral in 1996, Case C-96/330 - 96/0579, no measures notified, reasoned opinion to be sent in 1997 91/0271 Urban waste-water treatment Member States which have notified implementing measures: B, DK, E, F, IRL, L, NL, A, P, FIN, S, UK Germany Greece 93/0669, no measures notified, refenal in 1995, Case C-95/297 93/0718, no measures notified, refenal in 1995, Case C-95/161 414 Spain Italy - 93/0721, no measures notified, terminated in 1996 - 93/0786, no measures notified, referral in 1995, Case C-95/302 Portugal - 93/2247, not properly implemented, reasoned opimon to be sent in United Kingdom - 93/0873, no measures notified, terminated in 1996 1997 91/0325 Labelling of dangerous substances (double deadline for transposai: 08. 06. 91 and 01. 07. 92) Member States which have notified implementing measures: all 91/0326 Labelling of dangerous substances Member States which have notified implementing measures: all Italy - 92/0830, no measures notified, tenninated in 1996 91/0410 Labelling of dangerous substances Member States which have notified implementing measures: DK, D, EL, E, ERL, L, NL, A, P, FIN, S Belgium Italy Portugal - 92/0666, no measures notified, referral scheduled in 1997 - 92/0832, no measures notified, referral scheduled in 1997 - 92/0902, no measures notified, referral in 1996, Case C-96/165 (to be tenninated in 1997) United Kingdom - 92/0930, no measures notified, referral scheduled in 1997 91/0632 Labelling of dangerous substances Member States which have notified implementing measures: all 415 91/0676 Pollution of water by nitrates of agricultural origin Member States which have notified implementing measures: all except NL, FIN Belgium - 94/2239, not properly implemented, suppl. reasoned opinion to be Greece Spain France Italy Netherlands Austria Portugal sent in 1997 - 94/2247, not properly unplemented, referral scheduled in 1997 - 94/2240, not properly implemented, referral scheduled in 1997 - 94/2246, not properly applied, reasoned opimon to be sent in 1997 - 94/2245, not properly implemented,-referral scheduled in 1997 - 94/2242, suppl. Art. 169 letter to be sent in 1997 - 96/0430, no measures notified (to be terminated in 1997) - 94/2243, not properly implemented, reasoned opinion to be sent in 1997 Finland - 96/0581, no measures notified, reasoned opinion to be sent in 1997 91/0689 Hazardous waste Member States which have notified implementing measures: B, DK, D, IRL, L, NL, A, FIN, S Belgium Denmark Greece Spain France Ireland Italy Luxembourg Portugal United Kingdom 95/0391, no measures notified, tenninated in 1996 95/0419, no measures notified, terminated in 1996 95/0448, no measures notified, reasoned opinion to be sent in 1997 95/0474, no measures notified, reasoned opmion in 1996 95/0498, no measures notified, reasoned opinion to be sent in 1997 95/0521, no measures notified, terminated m 1996 95/0539, no measures notified, reasoned opinion to be sent in 1997 95/0565, no measures notified (to be tenninated in 1997) 95/0601, no measures notified, Art 169 letter in 1995 95/0629, no measures notified. Art. 169 letter in 1995 92/0003 Shipments of radioactive waste Member States wliich have notified implementing measures: DK, E, F, IRL, I, L, NL, A, P, FIN, S,UK Belgium Germany - 94/0400, no measures notified, reasoned opinion in 1996 - 94/0413, no measures notified, reasoned opinion in 1996 416 Greece Portugal - 94/0428, no measures notified, reasoned opinion to be sent in 1997 - 94/0487, no measures notified, terminated in 1996 92/0014 Operation of aeroplanes Member States which have notified implementing measures: all 92/0032 Labelling of dangerous substances Member States which have notified implementing measures: DK, D, EL, E, F, LRL, L, NL, A, P, FIN, S, UK Belgium Italy Portugal - 93/0970, no measures notified, referral in 1996, Case C-96/222 - 93/1044, no measures notified, reasoned opinion to be sent in 1997 - 93/1075, no measures notified, referral in 1996, Case C-96/166 (to be terminated in 1997) 92/0037 Labelling of dangerous substances Member States wliich have notified unplementmg measures: all 92/0043 Conservation of natural habitats and wild fauna and flora Member States winch have notified implementing measures: B, DK, E, LRL, L, NL, A, S, UK Germany Greece Spain France Ireland Italy Portugal Finland 94/0645, no measures 94/0703, no measures C-96/324 94/0659, no measures 94/0673, no measures 96/2028, not properly 1997 94/0718, no measures 94/0748, no measures 96/0582, no measures notified, referral scheduled in 1997 notified, referral in 1996, Case notified, tenninated in 1996 notified, referral scheduled in 1997 implemented, reasoned opinion to be sent in notified, referral scheduled in 1997 notified, referral scheduled in 1997 notified, reasoned opinion to be sent in 1997 417 92/0069 Labelling of dangerous substances Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, FIN, S, UK Belgium Italy Portugal - 93/0973, no measures notified, referral in 1996, Case C-96/220 - 93/1047, no measures notified, reasoned opmion to be sent in 1997 - 93/1077, no measures notified, referral in 1996, Case C-96/167 (to be terminated in 1997) 92/0072 Air pollution by ozone Member States which have notified implementing measures: B, DK, D, E, IRL, I, F, L, NL, A, P, S,UK Greece - 94/0547, no measures notified, referral in 1996, France Italy Netherlands Portugal Finland CaseC-96/331 - 94/0555, no measures notified, terminated in 1996 - 94/0568, no measures notified, terminated in 1996 - 94/0583, no measures notified tennmated in 1996 - 94/0590, no measures notified (to be terminated in 1997) - 96/0583, no measures notified, reasoned opinion in 1997 92/0112 Pollution - titanium dioxide Member States which have notified unplementing measures: all Belgium Germany - 93/0638, no measures notified, terminated m 1996 - 94/2151, not properly unplemented, reasoned opinion to be sent in 1997 93/0012 Sulphur content of liquid fuels Member States wliich have notified implementmg measures: B, DK, D, EL, F, LRL, I, L, NL, A, P, FIN, S, UK Belgium Spain Italy - 94/0519, no measures notified (to be tenninated in 1997) - 94/0552, no measures notified, reasoned opinion in 1996 - 94/0571, no measures notified, tenninated in 1996 418 93/0021 Labelling of dangerous substances Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, FIN, S, UK Belgium - 94/0782, no measures notified, referral in 1996 Case C-96/313 Italy Portugal - 94/0876, no measures notified, reasoned opimon to be sent in 1997 - 94/0933, no measures notified (to be tennmated in 1997) 93/0067 Principles for assessment of risks Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, FIN, S Belgium - 93/0978, no measures notified, referral in 1996, CaseC-96/221 Greece Italy - 93/1020, no measures notified, tenninated in 1996 - 93/1054, no measures notified, referral in 1995, Case C-95/238 Portugal - 93/1084, no measures notified, referral in 1996 Case C-96/168 (to be tenninated in 1997) United Kingdom - 93/1095, no measures notified, referral scheduled in 1997 93/0072 Labelling of dangerous substances Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, FIN, S, UK Belgium Italy Portugal - 94/0791, no measures notified, referral scheduled in 1997 - 94/0885, no measures notified, reasoned opinion to be sent in 1997 - 94/0943, no measures notified (to be tenninated in 1997) 419 93/0086 Batteries and accumulators containing certain dangerous substances Member States which have notified implementing measures: DK, EL, E, IRL, L, NL, A, P, FIN, S,UK Belgium - 94/0032, no measures notified, referral in 1996, CaseC-96/219 Germany - 94/0094, no measures notified, referral in 1996, Spain France Italy Case C-96/236 - 94/0162, no measures notified, terminated in 1996 - 94/0193, no measures notified, referral in 1996, Case C-96/283 - 94/0261, no measures notified, referral in 1996, Case C-96/286 93/0090 Labelling of dangerous substances Member States which have notified implementmg measures: DK, D, EL, E, F, ERL, L, NL, A, P, FIN, S Belgium Italy - 94/0033, no measures notified, referral scheduled m 1997 - 94/0262, no measures notified, referral m 1996, Case C-96/286 Luxembourg Portugal United Kingdom - 94/0296, no measures notified, tenninated in 1996 - 94/0361, no measures notified (to be termmated in 1997) - 94/0393, no measures notified, referral scheduled in 1997 93/0101 Labelling of dangerous substances Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, FIN, S, UK Belgium Greece Spain Italy Luxembourg Portugal - 95/0230, no measures notified, referral scheduled m 1997 - 95/0268, no measures notified, terminated in 1996 - 95/0286, no measures notified, tenninated in 1996 - 95/0319, no measures notified, reasoned opinion to be sent in 1997 - 95/0337, no measiures notified, terminated in 1996 - 95/0361, no measures notified (to be tenninated in 1997) 420 93/0105 Infonnation required for technical dossiers Member States which have notified implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, FIN, S Belgium - 94/0035, no measures notified, referral in 1996, CaseC-96/218 Italy - 94/0263, no measures notified, referral in 1996, Case C-96/286 Portugal - 94/0362, no measures notified, referral in 1996, Case C-96/169 (to be terminated in 1997) United Kingdom - 94/0395, no measures notified, referral scheduled in 1997 94/0015 Genetically modified organisms Member States which have notified implementing measures: DK, D, EL, F, ERL, I, NL, A, P, FIN, S, UK Belgium Germany Greece Spain - 94/0634, no measures notified, referral scheduled in 1997 - 94/0658, no measures notified (to be terminated in 1997) - 94/0687, no measures notified, tenninated in 1996 - 94/0672, no measures notified, suppl. reasoned opmion to be sent in 1997 Luxembourg United Kingdom - 94/0742, no measures notified, reasoned opinion to be sent in 1997 - 94/0775, no measures notified, terminated in 1996 94/0024 Conservation of wild birds Addressed to: Italy Member States which have notified implementing measures: I 94/0051 Genetically modified organisms Member States wliich have notified implementing measures: DK, D, EL, F, I, NL, A, FIN, S, UK Belgium Greece Spain Ireland - 95/0239, no measures notified, reasoned opimon to be sent in 1997 - 95/0277, no measures notified, terminated in 1996 - 95/0290, no measures notified, reasoned opinion to be sent in 1997 - 95/0312, no measures notified, reasoned opinion to be sent in 1997 421 Luxembourg - 95/0344, no measures notified, reasoned opinion to be sent in 1997 Portugal United Kingdom - 95/0371, no measures notified, reasoned opinion to be sent in 1997 - 95/0385, no measures notified, terminated in 1996 94/0062 Packaging and packaging waste Member States which have notified implementmg measures: D 94/0063 Volatile organic compound emissions Member States which have notified implementing measures: B, DK, E, F, I, L, NL, A, S, UK Belgium Germany Greece Ireland Portugal Finland 96/0011, no 96/0042, no 96/0059, no 96/0116, no 96/0184, no 96/0590, no measures notified (to be tenninated in 1997) measures notified, reasoned opinion to be sei measures notified, reasoned opinion to be sent in 1997 measures notified, reasoned ophnon to be measures notified, reasoned ophnon to be sent in 1997 measures notified, reasoned opinion to be measures notified, reasoned opinion to be sent in 1997 measures notified, reasoned opinion to be rpQcnnpH rminirvn tr* h*=» cp»nt in 1 QQ7 mPQCiirpc nrvhfî^H measures notified, reasoned opimon to be sent in 1997 94/0066 Emissions from large combustion plants Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, A, FIN, S, UK Belgium Greece Spain Ireland Italy Portugal - 950409, no measures notified, terminated in 1996 - 95/0465, no measures notified, reasoned opinion in 1996 - 95/0491, no measures notified, termmated in 1996 - 95/0532, no measures notified, tenninated in 1996 - 95/0555, no measures notified, reasoned opinion to be sent in 1997 - 95/0620, no measures notified, reasoned opinion in 1996 422 94/0067 Incineration of hazardous waste Member States which have notified implementing measures: D, L 94/0069 Labelling of dangerous substances Member States which have notified implementing measures :D, L, NL, S 95/0027 Excavators, dozers and excavator-loaders Member States which have notified implementing measures: DK, D, E, L, NL, P, FIN, UK Belgium Greece Ireland Italy Luxembourg - 96/0016, no measures notified, reasoned opinion to be sent in 1997 - 96/0066, no measures notified, reasoned opimon to be sent in 1997 - 96/0122, no measures notified, reasoned opinion to be sent in 1997 - 96/0141, no measures notified, reasoned opinion to be sent in 1997 - 96/0159, no measures notified (to be terminated in 1997) 423 7 TRANSPORT 62/2005 Carriage of goods by road Member States winch have notified implementing measures: all 74/0561 Carriage of goods by road Member States which have notified implementing measures: all 74/0562 Admission to the occupation of road passenger transport operator Member States winch have notified implementing measures: all 76/0135 Inland waterway vessels Member States which have notified implementmg measures: all, except FIN and S. 76/0914 Training for road transport drivers Member States winch have notified implementing measures: all. 77/0143 Roadworthiness tests for motor vehicles Member States winch have notified unplementing measures: all 77/0796 Mutual recognition of qualifications - goods haulage operators Member States which have notified implementing measures: all 79/0115 Pilotage of vessels Member States which have notified implementing measures: all, except A. 424 80/1266 Mutual assistance - aircraft accidents Member States winch have notified implementing measures: all 82/0714 Inland waterway vessels Member States which have notified implementing measures: all, except FIN and S. 84/0647 Vehicles hired without drivers Member States which have notified implementing measures: all, except A. Austria - 96/0392, no measiures notified, Art. 169 letter in 1996 85/0003 Weights and dimensions of motor vehicles Member States winch have notified implementing measures: all 86/0360 Weights and dimensions of motor vehicles Member States wliich have notified implementing measures: all 86/0364 Weights and dimensions of motor vehicles Member States wliich have notified implementing measiures: all 87/0540 Admission to the occupation of carrier of goods by waterway Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, A, P, UK Belgium - 89/0364, no measures notified, refenal in 1990 - Case C-90/377, Art. Germany - 93/2202, not properly implemented, Art. 169 letter in 1994, reasoned 171 letter in 1993, tenninated in 1996. opinion in 1995 425 88/0218 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all 88/0449 Roadworthiness tests for motor vehicles Member States which have notified implementing measures: all 88/0599 Road transport - social provisions - recording equipment Member States which have notified implementing measures: all. Italy - 90/0061, no measures notified, referral in 1993 - Case C-93/289, Art. 171 letter in 1995, terminated in 1996. Finland - 96/0571, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997). 89/0338 Weights and dimensions of motor vehicles Member States winch have notified unplementing measures: all 89/0438 Admission to the occupation of road haulage operator Member States which have notified unplementing measures: all Luxembourg - 92/2199, not properly implemented, Art. 169 letter in 1993, reasoned opinion in 1995, tenninated in 1996. 89/0459 Tyres of motor vehicles Member States which have notified unplementing measures: all. 89/0461 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all. 426 89/0684 Training for drivers of vehicles carrying dangerous goods Member States which have notified implementing measures: all 90/0398 Vehicles hired without drivers Member States which have notified implementing measures: all, except A Austria - 96/0413, no measures notified, Art. 169 letter in 1996. 91/0060 Weights and dimensions of motor vehicles Member States winch have notified implementing measures: all. 91/0328 Roadworthiness tests for motor vehicles and their trailers Member States winch have notified implementing measures: all except IRL. Ireland - 93/0764, no measiures notified, Art. 169 letter in 1993, reasoned opinion in 1996. 91/0439 Driving hcence Member States which have notified implementing measures: DK, EL, E, F, IRL, I, L, NL, P, FIN and S. Belgium - 96/0857, no measures notified (Art. 169 letter to be sent in 1997). 91/0440 Development of railways Member States winch have notified implementing measures: all. Greece - 94/0429, no measiures notified, Art. 169 letter in 1994, reasoned opinion in 1995, tenninated in 1996. 427 91/0670 Mutual acceptance of personnel licences in civil aviation Member States winch have notified implementing measures: all Spain France - 93/4211, not properly apphed, reasoned opimon in 1996. - 93/4916, not properly applied, reasoned opinion in 1995. 91/0671 Use of safety belts Member States winch have notified implementing measures: all. Belgium - 93/0018, no measures notified, reasoned opinion in 1995, tenninated in 1996. 91/0672 Boatmasters' certificates for inland waterways Member States which have notified implementing measures: all, except A Austria - 96/0429, no measures notified, Art. 169 letter in 1996. 92/0006 Speed limitation devices for certain categories of motor vehicles Member States which have notified implementing measures: all. Portugal - 93/1074, no measures notified, Art. 169 letter in 1993, reasoned opimon in 1995, tenninated in 1996. 92/0007 Weights and dimensions of motor vehicles Member States wliich have notified unplementing measures: all 92/0054 Roadworthiness tests for motor vehicles and their trailers (brakes) Member States winch have notified implementing measures: all. Italy - 93/0793, no measures notified, Art. 169 letter in 1993, terminated in 1996. 428 92/0055 Roadworthiness tests for motor vehicles and their trailers (exhaust emissions) Member States which have notified implementing measures: all 92/106 Combined transport Member States winch have notified implementing measures: all except B. Belgium Greece - 93/0636, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1996. - 93/0701, no measures notified, Art. 169 letter in 1993, terminated in 1996. 93/0065 Air-traffic management systems Member States which have notified implementing measures: DK, D, EL, IRL, L, NL, P, FIN, S, UK Belgium - 95/0394, no measures notified, Art. 169 letter in 1995, reasoned opinion Greece Spain France Italy Austria Portugal in 1996. - 94/0982, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1996, terminated in 1996 - 95/0477, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. - 94/0843, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. - 95/0542, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. - 96/0453, no measures notified, Art. 169 letter in 1996. - 94/0940, no measures notified, Art. 169 letter in 1995, tenninated in 1996. 93/0075 Minimum requirements for vessels bound for or leaving Commumty ports and carrying dangerous or polluting goods Member States which have notified implementing measiures: B, DK, D, EL, F, IRL, NL, A, P, FIN, S, UK. 429 Belgium Denmark Spain France Ireland Italy Netherlands Portugal United Kingdom 94/0793, no measures notified, Ait. 169 letter in 1995, tenninated in 1996. 94/0804, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995 (to be tenninated in 1997). 94/0833, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995 94/0847, no measures notified, Art. 169 letter in 1995, terminated in 1996 94/0863, no measures notified, Art. 169 letter in 1995, terminated in 1996 94/0887, no measures notified, Art. 169 letter in 1995, reasoned opimon in 1995 94/0921, no measures notified, Art. 169 letter in 1995, terminated in 1996. 95/0360, no measures notified, Art. 169 letter in 1995, terminated in 1996. 94/0966, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995, terminated in 1996. 93/0089 Taxes on certain vehicles used for the carriage of goods by road Member States which have notified implementing measures: B, D, DK, EL, E, IRL, L, NL, A, P, FIN, S, UK Belgium Greece Spain France Ireland Italy Luxembourg Portugal Sweden 95/0024, no measiures notified, Art. 169 letter in 1995, terminated in 1996 95/0066, no measures notified, Art. 169 letter in 1995, terminated in 1996 95/0082, no measures notified, Ait. 169 letter in 1995, terminated in 1996 95/0103, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996. 95/0115, no measures notified, Art. 169 letter in 1995, terminated in 1996 95/0133, no measiures notified, Art. 95/0148, no measures notified, Art. 1996. 95/0178, no measures notified, Art. 169 letter in 1995, tenninated in 1996. 96/0493, no measiures notified, Art. 169 letter in 1996 (to be tenninated in 1997). 169 letter in 1995 169 letter in 1995, tenninated in 430 94/0021 Summertime Member States which have notified implementing measures: all. Denmark - 95/0036, no measures notified, Art. 169 letter in 1995, terminated in 1996 Italy - 95/0138, no measures notified, Art. 169 letter in 1995, terminated in 1996 Netherlands - 95/0161, no measures notified, Art. 169 letter in 1995, terminated in 1996 Portugal - 95/0185, no measures notified, Art. 169 letter in 1995, terminated in 1996 United Kingdom - 95/0207, no measures notified, Art. 169 letter in 1995, terminated in 1996. 94/0056 Investigation of civil aviation accidents and incidents Member States which have notified unplementing measures: FIN, S 94/0057 Ship inspections and surveys Member States winch have notified implementing measures: DK, D, E, F, L, P, S Belgium Denmark Greece Spain Ireland Italy Netherlands Austria Portugal 96/0009, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996. 96/0026, no measures notified, Art. 169 letter in 1996, terminated in 1996 96/0056, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996 96/0075, no measures notified, Art. 169 letter in 1996, terminated in 1996 96/0113, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996 96/0132, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996 96/0164, no measures notified, Art. 169 letter in 1996, reasoned opimon in 1996 96/0469, no measures notified, Art. 169 letter in 1996 96/0181, no measures notified, Art. 169 letter in 1996, tenninated in 1996. 431 Finland Sweden - 96/0588, no measures notified, Art. 169 letter in 1996 - 96/0495, no measures notified, Art. 169 letter in 1996 (to be tenninated in 1997). United Kingdom - 96/0202, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996. 94/0058 Training of seafarers Member States which have notified implementing measures: B, DK, D, EL, E, F, L, NL, A, S, UK Denmark - 96/0027, no measures notified, Art. 169 letter in 1996, terminated in 1996. Germany - 96/0041, no measures notified, Art. 169 letter in 1996, terminated in Greece Spain France Ireland Italy 1996. - 96/0057, no measures notified, Art. 169 letter in 1996, terminated in 1996. - 96/0076, no measures notified, Art. 169 letter in 1996, terminated in 1996. - 96/0094, no measures notified, Art. 169 letter in 1996, tenninated in 1996. - 96/0114, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996 - 96/0133, no measures notified, Art. 169 letter in 1996, reasoned opinion m 1996 Luxembourg Netherlands - 96/0, no measures notified, Art. 169 letter in 1996, terminated in 1996. - 96/0165, no measures notified, Art. 169 letter in 1996, reasoned opinion Austria Portugal in 1996 (to be terminated in 1997). - 96/0470, no measures notified, Art. 169 letter in 1996 (to be terminated in 1997). - 96/0182, no measures notified, Art. 169 letter in 1996, reasoned opinion United Kingdom - 96/0203, no measures notified, Art. 169 letter in 1996, terminated in in 1996. 1996. 95/0021 Ship safety, pollution control and shipboard living and working conditions Member States which have notified unplementing measures: DK, D, F, L, A, S, UK. Belgium Greece Spain - 96/0861, no measures notified (Art. 169 letter to be sent in 1997) - 96/0914, no measures notified (Art. 169 letter to be sent in 1997) - 96/0939, no measures notified (Ait. 169 letter to be sent in 1997) 432 Ireland Italy Netherlands Portugal Finland - 96/0978, no measures notified (Art. 169 letter to be sent in 1997) - 96/0997, no measures notified (Art. 169 letter to be sent in 1997) - 96/1032, no measures notified (Art. 169 letter to be sent in 1997) - 96/1043, no measures notified (Art. 169 letter to be sent in 1997) - 96/1102, no measures notified (Art. 169 letter to be sent in 1997) 433 8. ENERGY 68/0414 Crude-oil stocks Member States winch have notified implementing measures: all 72/0425 Crude-oil stocks Member States winch have notified implementing measures: all 73/0238 Oil supply difficulties Member States winch have notified implementing measures: all 75/0339 Fossil fuel stocks Member States winch have notified unplementing measures: all except FIN 75/0405 Use of petroleum products in power stations Member States which have notified implementing measures: all 76/0491 Infonnation on oil prices Member States winch have notified implementing measures: all 78/0170 Heat generators Member States winch have notified implementing measures: all 82/0885 Heat generators Member States which have notified implementing measures: all 434 85/0536 Crude-oil savings Member States which have notified implementing measures: all 87/0441 Crude-oil savings Member States which have notified implementing measures: all except FIN 90/0377 Transparency of gas and electricity prices Member States which have notified implementing measiures: all. Spain - 92/0165, no measures notified, terminated in 1996. 90/0547 Transit of electricity through transmission grids Member States wliich have notified implementing measiures: all 90/0653 Gas and electricity prices Gennany) (addressed to: Member States winch have notified implementing measures: D 91/0296 Transit of natural gas through grids Member States winch have notified implementing measures: all. Spain - Portugal - 92/0181, no measures notified, teimiiiated in 1996 - 92/0481, no measures notified, tenninated in 1996 435 92/0042 Efficiency requirements for hot-water boilers Member States which have notified implementing measures: DK, D, EL, E, FIN, F, ERL, LUX, NL, P, S, UK. Belgium Luxembourg Portugal Italy - 93/0971, no measures notified, referral in 1996. - 93/1065, no measures notified, terminated in 1996. - 93/1076, no measures notified, terminated in 1996. - 93/1045, no measures notified, referral in 1996. 92/0075 Infonnation on the consumption of energy by household appliances Member States winch have notified implementing measures: all 93/0076 Carbon dioxide emissions Member States winch have notified implementing measures: F, DK, NL, UK. Belgium Denmark Spain Greece Ireland Italy Luxembourg Portugal 95/0023, no measiures notified, reasoned opimon in 1996. 95/0033, no measures notified, tenninated in 1996. 95/0080, no measures notified, reasoned opinion in 1996. 95/0064, no measures notified, reasoned opimon in 1996. 95/0113, no measures notified, reasoned opimon in 1996. 95/0131, no measures notified, reasoned opimon in 1996. 95/0146, no measures notified, reasoned opimon in 1996. 95/0176, no measures notified, reasoned opimon in 1996. 94/0002 Energy labelling of refrigerators, freezers and their combinations Member States winch have notified implementing measures: A, DK, EL, E, FIN, F, IRL, NL, P, S, UK. Belgium Germany Italy Luxembourg - 95/0026, no measures notified, reasoned opinion in 1996. - 95/0049, no measures notified, reasoned opimon in 1996. - 95/0136, no measures notified, reasoned opinion in 1996. - 95/0151, no measures notified, tenninated in 1996. 436 94/0022 Authorizations for the prospection, exploration and production of hydrocarbons Member States which have notified unplementing measures: A, DK, D, E, EL, F, NL, P, S, UK (Luxembourg not required to transpose). - 95/0401, no measures notified, Art. 169 letter in 1995. - 95/0483, no measures notified, terminated in 1996. - 95/0543, no measures notified, Art. 169 letter in 1995. - 95/0526, no measures notified, Art. 169 letter in 1995. - 95/0591, no measures notified, terminated in 1996. Belgium Spain Italy Ireland Netherlands 95/12/CE Energy labelling of household washing machines Member States which have notified implementing measures: A, DK, E, FIN, L, P, S, UK. Germany Belgium France Greece Italy Netherlands 95/13/CE 96/0250, no 96/0233, no 96/0286, no 96/0266, no 96/0309, no 96/0332, no measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. measures notified, Art. 169 letter in 1996. 169 letter in 1996. 169 letter in 1996. 169 letter in 1996. 169 letter in 1996. 169 letter in 1996. Energy labelling of household electric rumble driers Member States which have notified implementing measures: A, DK, E, F, FEN, L, P, S, UK. Germany Belgium Greece Italy Netherlands 96/0251, no measures notified, Art. 96/0234, no measures notified, Art. 96/0267, no measures notified, Art. 96/0310, no measures notified, Art. 96/0333, no measures notified, Art. 169 letter in 1996. 169 letter in 1996. 169 letter in 1996. 169 letter in 1996. 169 letter in 1996. 437 ANNEX V JUDGMENTS OF THE COURT OF JUSTICE NOT YET IMPLEMENTED 438 Judgment given on 19/10/81, Case C-137/80 Judgment given on 03/10/89, Case C-383/85 Transfer of pension rights The Act of 21/5/1991 gives effect to the Court's judgment except as regards Article 11(2) of Annex 8 to the Staff Regulations (situation of self-employed persons). A Government Bill to amend the Act of 1991 in line with the Commission's wishes has been presented to Parliament, and its enactment is awaited. Judgment given on 08/07/87, Case C-247/85 Wild birds Article 171 proceedings are in motion. 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 Article 171 proceedings are in motion. 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 20/09/1994. The company has appealed against the substance and against enforcement. Judgment given on 10/11/92, Case C-326/90 Covert discrimination regarding social security benefits The Commission has approached the Belgian authorities, drawing their attention to the Cabannis judgment and to the need to implement the relevant legislation. 439 Judgment given on 17/02/93, Case C-173/91 Equal treatment of men and women Discrimination based on age Progress is being made. Judgment given on 24/03/94, Case C-80/92 Free movement of wireless telephones Progress is being made. Judgment given on 03/05/94, Case C-260/93 Sewage sludge used in agriculture Article 171 proceedings have been commenced. Judgment given on 04/05/95, Case C-218/94 Telecommunications Council Directive terminal equipment: failure to notify measures transposing the The Belgian authorities have confirmed that the requisite Royal Decree is up for approval. Judgment given on 14/03/96, Case C-239/95 Active implantable medical devices Article 171 proceedings have been commenced. Judgment given on 25/04/96, Case C-87/94 Public procurement: Buses for the Walloon Region Transport Company The Commission has approached the Belgian authorities to obtain information about the measures that have been or about to be taken to implement the Court's judgment. 440 Judgment given on 02/05/96, Case C-133/94 Incomplete transposai of the Council Directive on the assessment of the impact of certain public or private projects on the environment The Brussels authorities have given effect to the Court's judgment. No information has been received from the Flemish Region. The Commission has written to the Belgian authorities to inquire about the measures planned in order to come into line with the Court's judgment. Judgment given on 02/07/96, Case C-173/94 Access to employment - water, gas and electricity distribution The Commission has contacted the Belgian authorities to inquire about the measures planned in order to come into line with the Court's judgment. Judgment given on 10/09/96, Case C-ll/95 Incomplete transposai of Television without frontiers Directive The Commission has contacted the Belgian authorities to inquire about the measures planned in order to come into line with the Court's judgment. Judgment given on 12/06/96, Case C-278/94 Employment - equal treatment - discrimination against children of migrant workers The Commission has approached the Belgian authorities, drawing their attention to the need to implement the relevant legislation. Judgment of 12/12/96, Case C-218/96 Failure to notify measures transposing the Council Directive on infonnation required for technical files Recent judgment. 44 Judgment of 12/12/96, Case C-219/96 Failure to notify measures transposing the Directive on batteries and accumulators containing dangerous substances Recent judgment. Judgment of 12/12/96, Case C-220/96 Failure to notify measures transposing Commission Directive 84/449/EEC adapting to technical progress for the sixth time Council Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances Recent judgment. Judgment of 12/12/96, Case C-221/96 Failure to notify measures transposing the Commission Directive on the principles for the evaluation of the risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC Recent judgment. Judgment of 12/12/96, Case C-222/96 Failure to notify measures transposing the Council Directive on the classification, packaging and labelling of dangerous substances Recent judgment. 442 Judgment given on 03/07/90, Case C-288/88 Wild birds, legislation, shooting laws The Commission has been notified of satisfactory Bills. Article 171 proceedings have been commenced pending their enactment by the Saarland. Judgment given on 20/09/90 Bug-Alutechnik - repayment of a grant National recovery proceedings are still in motion. Judgment given on 28/02/91, Case C-131/88 Groundwater The German authorities have not notified measures to comply with the Court's judgment. Article 171 proceedings have been commenced. Judgment given on 17/10/91, Case C-58/89 Surface water, not properly implemented The German authorities have not notified the measures taken to comply with the Court's judgment. Article 171 proceedings have been commenced. Judgment given on 10/05/95, Case C-422/92 Waste disposal Progress is being made. 443 Judgment given on 02/05/96, Case C-253/95 Failure to notify measures transposing the Council Directive coordinating procedures for the award of public services contracts The Commission has contacted the German authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 10/09/96, Case C-61/94 Inward processing The Commission has contacted the German authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 07/11/96, Case C-262/95 Dangerous substances - limit values set by administrative circular Recent judgment. Judgment given on 12/12/96, Case C-297/95 Failure to notify measures transposing the Council Directive on treatment of urban waste water Recent judgment. Judgment given on 12/12/96, Case C-298/95 Fish and shellfish waters Recent judgment. 444 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 fFrontistirion); nationality discrimination Article 171 proceedings are in motion. Judgment given on 08/11/90, Case C-53/88 Protection of workers in the event of the employer's insolvency Article 171 proceedings are in motion. Judgment given on 26/02/91, Case C-189/89 Restrictions on freedom to provide services - tourist guides Measures have been received. They are under scrutiny at the Commission. Judgment given on 07/04/92, Case C-45/91 Village waste in Crete The Greek authorities have notified the Commission of a set of measures, and a reply containing technical annexes. They are under scrutiny. Judgment given on 23/03/95, Case C-365/93 Mutual recognition of qualifications - higher education Article 171 proceedings are in motion. 445 Judgment given on 01/06/95, Case C-123/94 Nationality discrimination Article 171 proceedings are in motion. Judgment given on 06/07/95, Case C-259/94 Open network provision - leased lines Some measures remain to be taken. The Commission has received drafts. Judgment given on 11/08//95, Case C-260/94 Failure to notify measures transposing the Council Directive on telecommunications terminal equipment The Greek authorities have notified the Commission of legislation which is under scrutiny. Judgment given on 28/03/96, Case C-161/95 Failure to notify measures transposing the Council Directive on urban waste water The Commission has contacted the Greek authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 02/05/96, Case C-311/95 Failure to notify measures transposing the Council Directive coordinating procedures for the award of public services contracts The Commission has contacted the Greek authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 23/05/96, Case C-331/94 VAT on transport, cruises and package holidays The Commission has contacted the Greek authorities to ascertain what measures are planned to comply with the Court's judgment. 446 Judgment given on 02/07/96, Case C-290/94 Access to employment - nationality discrimination The Commission has contacted the Greek authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 19/09/96, Case C-236/95 Failure to notify measures transposing the Council Directive coordinating procedures for the award of public services and works contracts The Commission has contacted the Greek authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 03/10/96, Case C-380/95 Plant health products Recent judgment Judgment given on 05/12/96, Case C-91/96 Failure to notify measures transposing the Council Directives on health policy in intra- Community trade and on imports from non-member countries of embryos of domestic bovine animals and products not subject to specific Community rules Recent judgment. 447 Judgment given on 02/08/93, Case C-355/90 Conservation of wild birds at Santona Progress is being made. Judgment given on 15/03/94, Case C-45/93 Nationality discrimination - access to museums Article 171 proceedings have been commenced. Judgment given on 22/03/94, Case C-375/92 Restrictions on freedom to provide services as tourist guides The Spanish authorities have notified the Commission of several legislative instruments. Certain regional instruments are not yet available. Judgment given on 26/09/96, Case C-79/95 Failure to notify measures transposing the Council Directives on safety and health of workers, minimum safety and health requirements at the workplace, for individual protective equipment, for the manual handling of loads where there is a risk of injury to workers, for work at display screen equipment and for risks of exposure to carcinogens at work The Commission has contacted the Spanish authorities to ascertain what measures are planned to comply with the Court's judgment. 448 Judgment given on 27/04/88, C-252/85 Wild birds The Commission is pursuing the proceedings. Judgment given on 25/10/88, Case C-312/86 Equal treatment, access to employment The French authorities have notified the Commission of a draft circular that it considers potentially satisfactory. Progress has been made. Judgment given on 12/12/90, Case C-263/88 Refusal to allow freedom of establishment and freedom to provide services in the overseas territories Article 171 proceedings are in motion. Judgment given on 26/02/91, Case C-154/89 Restrictions on freedom to provide services - tourist guides Progress is being made. Judgment given on 11/06/91, Case C-64/88 Fisheries: inadequate enforcement of technical conservation measures Progress in implementing the Court's judgment is unsatisfactory; Article 171 proceedings are in motion, and a reasoned opinion has been sent. A reply has been received and is now being scrutinized. 449 Judgment given on 13/01/93, Case C-293/91 Defective products The French authorities have notified the Commission of a government Bill and amendments relating to the exclusion of products derived from the human body. Contacts are being maintained. Judgment given on 17/11/93, Case C-68/92 VAT on advertising services, double taxation A fresh circular complying with the Court's judgment is awaited. Judgment given on 14/12/95, Case C-l7/95 Protection of animals in transport. Checks and preventive measures - horse sickness Article 171 proceedings are in motion. Judgment given on 02/05/96, Case C-234/95 Failure to notify measures transposing the Council Directive coordinating procedures for the award of public services contracts The Commission has contacted the French authorities to ascertain what measures are planned to comply with the Court's judgment. 450 Judgment given on 11/08/95, Case C-240/94 Electromagnetic compatibility Article 171 proceedings are in motion. Judgment given on 14/12/95, Case C-132/94 Organization of veterinary checks on products from non-member countries Article 171 proceedings have been commenced. Judgment given on 14/12/95, Case C-138/94 Organization of veterinary checks on products from non-member countries Article 171 proceedings are in motion. Judgment given on 14/12/95, Case C-161/94 Veterinary and zootechnical checks in intra-Community trade in certain animals Article 171 proceedings are in motion. Judgment given on 14/12/95, Case C-162/94 Veterinary checks in intra-Community trade Article 171 proceedings are in motion. 451 Judgment given on 26/02/96, Case C-239/94 Telecommunications terminal equipment: failure to notify measures transposing the Council Directive The Commission has contacted the Irish authorities to ascertain what measures are planned to comply with the Court's judgment. National legislation is in preparation, but has yet to be enacted. 452 Judgment given on 12/07/88, Case C-322/86 Judgment given on 09/03/94, Case C-291/93 Quality of fishing waters Article 171 proceedings have been commenced. Judgment given on 17/01/91, Case C-157/89 Protection of wild birds, shooting season. A circular properly reflecting 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 and are continuing. Judgment given on 26/02/91, Case C-180/89 Restrictions on freedom to provide services - tourist guides Legislation has been enacted. The Commission is still awaiting enactment of regional legislation. 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 enacted; the Commission is still awaiting enactment of regional legislation. Judgment given on 13/12/91, Case C-33/90 Waste-Campania Article 171 proceedings have reached the referral stage. 453 Judgment given on 09/03/93, Case C-95/92 Radiation protection - medical examinations Article 171 proceedings have reached the referral stage. Judgment given on 09/02/94, Case C-l 19/92 Customs agents' monopoly and scale of charges Article 171 proceedings are in motion. Judgment given on 26/04/94, Case C-272/91 Public procurement - computerized lottery systems Most of the requisite measures have been enacted; the Commission is awaiting the enactment of the final decree. Judgment given on 01/06/95, Case C-40/93 Access to the profession of dentist The Commission is pursuing its discussions with the Italian authorities to solve the problems of compliance with the Court's judgment. Judgment given on 30/11/95, Case C-l 18/95 Failure to notify measures transposing the Council Directives on the marketing of fruit-plant propagating material and vegetable seedlings Article 171 proceedings are in motion. Judgment given on 29/02/96, Case C-307/94 Failure to notify measures transposing the Council Directive coordinating legislation relating to certain activities of pharmacists Article 171 proceedings are in motion. 454 Judgment given on 14/03/96, Case C-238/95 Failure to notify measures transposing the Commission Directive on the principles for the evaluation of the risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC Article 171 proceedings are in motion. Judgment given on 06/06/96, Case C-101/94 Financial services - Intermediazione Mobiliare Progress. The Italian authorities have notified the Commission of legislation, which is being scrutinized. Judgment given on 20/06/96, Case C-237/95 Failure to notify measures transposing the Council Directive on prevention of atmospheric pollution from existing municipal waste incinerators The Commission has contacted the Italian authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 11/07/96, Case C-303/95 Failure to notify measures transposing the Council Directive on batteries and accumulators containing dangerous substances The Commission has contacted the Italian authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 17/09/96, Case C-289/94 Technical standards - Decrees Nos 256 and 257 of 1990 establishing health policy measures in respect of shellfish and Decree of 1991 on pharmaceutical specialities derived from bovine tissues and organs The Commission has contacted the Italian authorities to ascertain what measures are planned to comply with the Court's judgment. 455 Judgment given on 26/09/96, Case C-l 17/95 Failure to notify measures transposing the Council Directive laving down Community measures to combat avian influenza The Italian authorities notified the Commission of legislative measures in November 1996. Their enactment is awaited. Judgment given on 07/11/96, Case C-315/95 Failure to notify measures transposing the Council Directives on conditions to be satisfied by propagation material for ornamental, fruit and vegetable plants: failure to notify measures transposing the Council Directives on potato ring-rot and health policy measures in intra- Community trade and imports of embryos of domestic bovine animals Recent judgment 456 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. An Article 171 reasoned opinion has been sent. Judgment given on 15/06/95, Case C-220/94 Open network provision - leased lines Article 171 proceedings have been commenced. Judgment given on 26/10/95, Case C-151/94 Income Tax Act - taxation of non-residents Progress. Judgment given on 02/07/96, Case C-312/95 Failure to notify measures transposing the Council Directives on confined use and voluntary release of genetically modified organisms Recent judgment. Judgment given on 07/11/96, Case C-221/94 Telecommunications terminal equipment: failure to notify measures transposing the Council Directive Recent judgment. 457 Judgment given on 14/07/94, Case C-61/93 Electronic kw/h meters Article 171 proceedings have been commenced. Judgment given on 11/01/96, Case C-273/94 Technical standards and rules: failure to notify Decree on margarines of 19/09/90 The Dutch authorities have notified the Commission of a draft, to which it has no objections; adoption is awaited. 458 Judgment given on 18/02/92, Case C-30/90 Patent licences The difficulty has been solved in practice, but the Commission is awaiting enactment of the legislation. 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. Data relating to the last bathing season are awaited. Judgment given on 08/06/94, Case C-383/92 Collective redundancies Article 171 proceedings are in motion. Judgment given on 08/06/94, Case C-382/92 Transfers of undertakings. Article 171 proceedings are in motion. Judgment given on 10/09/96, Case C-222/94 Television without frontiers Recent judgment. 459 ANNEX VI APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS 460 APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS 1. Application of Article 177 of the EC Treaty In 1996 the Court of Justice of the European Communities received requests for preliminary rulings in cases where difficulties arose in the interpretation of Community law or where there were doubts as to the validity of Community instruments. When references are recorded at the Court of Justice Registry, they are published in full in the Official Journal of the European Communities. The table below shows the number of references from each Member State over the last seven years. 1 Number of references per Member State (Year) 90 91 92 93 94 95 96 Member State2 Italy Ireland Netherlands Luxembourg 25 18 22 24 46 58 70 4 9 4 1 17 18 43 13 19 10 2 United Kingdom 12 13 15 12 24 20 21 Austria Germany Finland Portugal France Sweden 34 50 62 57 44 51 66 2 3 21 24 15 22 36 43 24 The 1995 Report was published in OJ No C 303 of 14 October 1996. The countries are listed in the order shown in the third indent of Article 1(1) of the Council Decision of 1 January 1995 (OJ LI, 1. 1. 1995, p. 220). 461 Belgium 17 17 \6 22 19 14 30 Spain Denmark Greece 6 5 2 4 2 2 5 3 1 7 7 5 13 10 4 - 8 10 6 4 4 Total 142 186 162 204 203 251 256 Although the number of cases varies considerably from year to year, the trend is upward and 1996, with 256 such cases, was the busiest year of preliminary ruling activity in recent times. As in previous years, cases were referred by courts in almost all Member States, Ireland being the sole exception. The number of rulings sought by German courts was again high, whilst the number of references from Italian courts continues to rise. In 1996, preliminary rulings again accounted for about 60% of the total of 420 cases brought before the Court (61 cases being removed from the Register). 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. Number of references per Member State in 1996 Italy Ireland Netherlands Luxembourg United Kingdom Austria Germany Finland Portugal France Sweden Belgium Spain Denmark Greece 13 (-) 5 (-) 3 2 20 1 6 1 (-) 12 6 1 1 462 Origin of references bv Supreme Courts Italy Netherlands United Kingdom Austria Germany Finland Portugal France Belgium Spain Denmark Greece Corte Suprema di Cassazione Consiglio di Stato Raad van State Hoge Raad House of Lords Oberster Gerichtshof Bundesgerichtshof Bundesverwaltungsgericht Bundesfinanzhof Bundessozialgericht Korkein hallinto-oikeus Supremo Tribunal Amministrativo Cour de Cassation Cour de Cassation/Hof van Cassatie Conseil d'Etat/Raad van State Tribunal Superior de Justicia H0j'esteret Areios Pagos 1 12 4 1 3 2 2 5 9 4 1 6 1 8 4 6 1 1 2. Significant judgments of national courts of final instance 2. 1 Introduction Analysis of the judgments outlined below shows that national superior courts are paying more and more attention to Community law. The Commission has again had access to data gathered by the Research and Documentation Department of the Court of Justice. It was thus able to identify decisions which applied Community law, though 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 mass 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 Research and Documentation Department. 463 2. 2. The research Research was carried out on the following questions in relation to decisions given or reported for the first time in 1996: 1. 2. 3. 4. 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 a point of Community law whose interpretation was less than perfectly obvious? Were there any other decisions regarding preliminary rulings that merit attention? Were there cases where courts, contrary to. the rule in Case 314/85 Foto-Frost,3 declared an act of a Community institution to be invalid? Cases 143/88 To what extent did national courts, applying the principles in Joined Zuckerfabrik and Suderdithmarschen* stay the implementation of a national administrative measure taken on the basis of a Community regulation or decision? 92/89 Were there any decisions that were noteworthy as setting good or bad examples? Were there any decisions that applied the rulings given in Francovich5 or and Factortame III?6 in Brasserie de Pêcheur [1987] ECR 4199. [1991] ECR 1-534. Joined Cases C-6/90 and C-9/90, [1996] ECR 1-5357. Joined Cases C-46/93 and C-48/93, [1996] ECR 1-1029. 464 1. Question 1 On 28 October 1996 the Dutch Raad van State, without reference to the Court of Justice, held7 that Directive 92/50/EEC on public service contracts8 was not applicable to a joint arrangement between two local authorities whereby the one entrusted the other with the collection of its domestic waste. It took the view that such organization of a public service had to be distinguished from a situation where collection was entrusted to a private firm and concluded that the arrangement did not constitute a public contract. According to the Raad van State, it was irrelevant that the arrangement consisted in a cooperation agreement, that the local authorities did not set up a public body and that remuneration was received for the services provided. In a similar case where two local authorities had decided to make their waste collection services into an independent body serving them both, the Gerechtshof Arnhem requested the Court of Justice for a preliminary ruling on the applicability of the same Directive. 9 On 25 July 1996 the Raad van State decided in two other cases10 that there was no need to ask the Court of Justice for a preliminary ruling on provincial legislation prohibiting the disposal of waste outside the province which had prompted decisions withholding authorization for the transportation of waste from one province to another. The Dutch court held that even if these specific cases related only to movements within the Netherlands, the rules in question constituted a measure having equivalent effect to a quantitative restriction on exports and was thus contrary to Article 34 of the EC Treaty since it also applied to the exportation of waste to other Member States. According to the Raad van State, the legislation treated trade within the Netherlands differently from the export trade and could not therefore be justified under Article 36 of the EC Treaty either. In another case relating to the transportation of waste the Raad van State did, however, ask the Court of Justice for a preliminary ruling on whether a prohibition on the exportation of waste was compatible with Article 34 of the EC Treaty. " But this case related to the exportation of waste to another Member State. l'an Gansewinkel v Gemeente Raad van State, Administrative Disputes Division, VoerendaaKAB\991,ll. Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, OJ No L 209, 24. 7. 1992. p. 1. Gerechtshof Arnhem, decision of 29 October 1996, Gemeenten Arnhem en Rheden v BFI Hoolding, Case C-360/96. pending. Raad van State, Administrative Division, lleijmans Milieutechniek v Gedeputeerde Staten van Noord-Brahant. AB 1996, 425 and Heidemij Realisatie v Gedeputeerde Staten van Noord-Brabant, Jurisprudcntic Bcstuursrecht 1996, 189. Raad van State. Administrative Division. 23 April 1996, Chemische Afialstoffen Dus. se/dorp and Others v Minister van Volkshuis\'esting, Ruimtelijke Ordening en hfilieubeheer. Case C-203/96, pending. 465 Again on the subject of waste disposal, the French Conseil d'Etat gave a ruling12 on the compatibility of Decree No 92-798 of 18 August 1992 amending the arrangements for the importation of waste into France with Article 30 of the EC Treaty and the Community Directive applicable at that time to the transfrontier movement of hazardous waste. 13 The effect of the Decree had been to prevent the plaintiff from importing ''harmful'' waste from Germany. The Conseil d'Etat held that the legislation in question was compatible with the aims and provisions of Community law, declining to refer the question to the Court of Justice for a preliminary ruling and thus taking the same view as the French Government's representative, who had expressed reservations as to whether such reference was necessary. In a judgment given on 29 June 199514 Germany's Bundessozialgericht held that it was not obliged to refer questions to the Court of Justice before rejecting an application for the payment of German unemployment benefit to a woman who, following her marriage to a Community official, had left her job in Germany to live in Luxembourg and registered with the employment authorities in Trier (Germany) rather than in Luxembourg on the grounds that she was unlikely (for reasons relating to language requirements and the recognition of diplomas) to find a job in Luxembourg comparable to that which she had held previously. The Bundessozialgericht, basing its decision on the case-law of the Court of Justice,15 held that the applicant, who had resided throughout the duration of her most recent employment in the Member State where she was employed, did not meet the conditions of eligibility for benefit under Article 71 of Regulation No 1408/71, which applied solely if the worker had travelled to another Member State in the course of his or her most recent employment. Whilst acknowledging that the provisions of Regulation No 1408/71 on the coordination of social security schemes left a "legal vacuum" where the situation of the applicant was concerned, the Bundessozialgericht took the view that this was not an unintentional vacuum which could be filled by case-law. In its opinion the judgments given by the Court of Justice had already defined the scope of the provisions of Regulation No 1408/71 in similar situations, so that there was no need to refer the question for a preliminary ruling. Conseil d'Etat, judgment given on 15. 4. 1996. Vreymuth and Others. Actualité Juridique Droit Administratif 1996. 442, cone. D. Piveteau. Europe 1996 Act. No 293. p. 15. Council Directive 75/442/EEC of 15 July 1975 on waste (OJ No L 194, 25. 7. 19975. p. 39), as amended by Directive 91/156/EEC of 18 March 1991 (OJ No L 78. 26. 3. 1991. p. 32): Council Directive 84/631/EEC of 6 December 1984 on the supervision and control within the European Community of the transfrontier shipment of hazardous waste (OJ No L 326, 13. 12. 1984. p. 31). as amended by Directive 86/279/EEC of 12 June 1986 (OJ No L 181. 4. 7. 1986. p. 13). Bundessozialgericht. 9/95; Die en Sozialgerichtsbarkeit 1996 pp. 397-400. Neue Zeitschrift fiir Sozialrecht 1996 pp. 84-87, Sammlung von Entscheidungen aus dem Sozialrecht 1996 pp. 253-259. Zeitschrift fur Auslanderrecht und Auslanderpolitik 1996 p. 94 (summary). Judgment of 11 October 1984 in Case C-128/83 Guyot. [1984] ECR 3507; judgment of 12 June 1986 in Case C-l/85 Miethe. [1<>86[ ECR 1837; judgment of 22 September 1988 m Case C-236/87 Bergmann. j 1988| ECR 5125. 29 June 1995. 11 RAr judgment given 466 On 21 March 1996 Germany's Bundesfinanzhof gave its ruling16 on an application lodged by a slot-machine operator, following the Court of Justice's judgment in Glawe,17 seeking an adjustment to his final tax assessment in line with the interpretation given to the Sixth VAT Directive as regards the basis of assessment in the case of gaming machines offering the possibility of winning money. The applicant invoked the Court of Justice's ruling in Emmott,18 claiming that the deadline for appeals against the tax assessment could not be applied in his case. The Bundesfinanzhof took the view that the ruling given in Emmott applied only in cases where a directive had been incorrectly transposed. If the directive as such had been correctly transposed, on the other hand, but the national rules had been wrongly interpreted by the courts or incorrectly implemented by the government, national procedural rules would remain applicable. To support this view it drew attention to the Court of Justice's judgment of 6 July 1995 in BP Soupergaz. 10 According to the Bundesfinanzhof the case did not have to be referred to the Court of Justice because the conditions in which the ruling given in Emmott would apply had been clearly stated. On 2 April 1996 the Bundesfinanzhof rejected21 an appeal lodged against the Finanzgerichr Rheinland-Pfalz's decision of 7 November 1994, in which the latter court had held that, where the Bundesfinanzhof had annulled one of its decisions and referred the case back, it could not ask for any further preliminary rulings on the points of law clarified by the Bundesfinanzhof, whose opinions were binding. 21 The appeal was rejected on the grounds that it was not for the Bundesfinanzhof to supervise the lower court's exercise of its powers to refer questions for a preliminary ruling or to examine the reasons for the lower court's decision to refer or not to refer. This being the case, it was irrelevant whether the Finanzgericht had been wrong in its assessment of the binding effect of the Bundesfinanzhof s opinions. In this connection the Bundesfinanzhof drew attention to the Court of Justice's judgment in Peterbrœck, n which, it suggested, might indicate a change in the Court's views and a possible switch from the position adopted in the Rheinmuhlen cases. Bundesfinanzhof, judgment given on 21. 03. 1996, XI R 36/95; Sammlung der Entscheidungen des Bundesfinanzhofs Bd. 179 pp. 563-568. Betriebs-Berater 1996 pp. 1370-1372, Bundessteuerblatt 1996 II pp. 399-402, Der Betrieb 1996 pp. 1452-1453. Europaische Zeitschrift fur Wirtschaftsrecht 1996 pp. 479-480. Europaisches Wirtschafts- & internationalen Wirtschaft 1996 - EWS 1996 pp. 259-260. Rccht der Steuerrecht pp. 878-879, Umsatzsteuer-Rundschau 1996 pp. 392-394. Court judgment of 5 May 1994 in Case C-38/93, [1994 J ECR 1-1679. Court judgment of 15 July 1991 in Case C-208/90, [1991] ECR 1-4269. Court judgment of 6 July 1995 in Case C-62/93. [1995] ECR 1-1883. Bundesfinanzhof, judgment given on 2 April 1996. VII R 119/94. Sammlung der Entscheidungen des Bundesfinanzhofs Bd. 180 pp. 231-238. Betriebs-Berater 1996 pp. 1974-1976, Europaische Zeitschrift fur Wirtschaftsrecht 1996 pp. 668-67. Europaisches Wirtschafts- & Steuerrecht - EWS 1996 pp. 327-330, Internationales Steuerrecht 1996 p. 482, Recht der internationalen Wirtschaft 1996 pp. 793-795, Umsatzsteuer-Rundschau 1996 pp. 338-341, Zeitschrift fïir Zôlle und Verbrauchsteuern 1996 pp. 378-380; annotated by Schauhoff. Stephan: Internationales Steuerrecht 1996 pp. 494-498, Reiche. Klaus; Europaische Zeitschrift fur Wirtschaftsrecht 1996 pp. 671-672. This decision was contrary to the judgments given by the Court of Justice in the Rheinmuhlen cases: judgment of 16 January 1974 in Case C-166/73, [1974| ECR 33: judgment of 12 February 1974 in Case C-146/73, [1074] ECR 139. Court judgment of 14 December 1995. in Case C-312/93, [1995] ECR 1-4599. 467 On 15 December 1995 the Italian Constitutional Court issued an Order23 in which it declared that it had no jurisdiction to interpret a provision of Community law of which the meaning was unclear and that it was not a national court within the meaning of Article 177 of the Treaty, thus excluding the possibility of it referring any constitutional issue to the Court of Justice for a preliminary ruling. It therefore referred the case in question back to the lower court so that the latter could itself put its questions to the Court of Justice. This would seem to go against obiter dicta in an earlier decision24 in which the Constitutional Court seemed to be entertaining the possibility of referring questions of a constitutional nature to the Court of Justice for a preliminary ruling. In Sweden the Supreme Court (Hôgsta Domstolen) had referred for a preliminary ruling the question whether the Treaty of Rome, and in particular the first paragraph of Article 6, precludes a Member State from requiring plaintiffs from another Member State (but not its own nationals) to lodge security for the costs of legal proceedings. In this particular case an action for the payment of goods had been brought by a UK company against Swedish nationals, who had requested that the plaintiff lodge such security as provided for by Act 1980:307. The courts having substantive jurisdiction had refused to grant this request on the grounds that the Act was in this respect contrary to the Lugano Convention, which was applicable in both countries. In a preliminary ruling the Court of Justice had held that any such national procedural rule constituted direct discrimination on grounds of nationality. 25 Following the Court of Justice's ruling, the Swedish Supreme Court nevertheless decided on 30 November 199626 that the UK plaintiff should lodge a security for the cost of proceedings because, in the first place, even if a preliminary ruling was binding on the national court which requested it, it was for the latter court to decide whether the circumstances of the particular case fell witliin the scope of a given Community provision and, in the second place, the action in question was for payment for goods which had been delivered before Sweden's accession to the European Union and, consequently, the Court of Justice's ruling did not apply. Corte Costituzionalc. Order No 536. Corte Costituzionalc. judgment No 168 of 18 April 1991 Court judgment of 26 September 1996 in Case C-43/95. CaseÔ 1195/94. 468 2, Question 2 The litigation in Germany concerning the common organization of the market in bananas was described in last year's report but mention should be made of the decision adopted by the Bundesfinanzhof on 9 January 199627 ajnfirming the interim measures ordered by the Finanzgericht Hamburg28 in response to an application for the suspension of the duty on a certain quantity of bananas imported without a licence. The Bundesfinanzhof took the view that interim measures were justified in view of the doubts surrounding the applicability of Council Regulation No 404/93, given the possible incompatibility of the latter with the GATT and in view of considerations relating to German constitutional law. 3. Question 3 In Austria the Verfassungsgerichtshof (Constitutional Court) had to consider an application for a declaration that the principle enshrined in Article 83(2) of the Federal Constitution, whereby no-one may bè removed from the jurisdiction of his lawful judge, had been violated by the decision of the Tyrol Landesvergabeamt (the authority dealing with appeals against the award of public contracts) to reject the appeal lodged by two unsuccessful tenderers on the grounds that, even if the local body awarding the contract had fully complied with the relevant Tyrolean legislation, the contract in question would not have been awarded to the plaintiff. the Verfassungsgerichtshof On 12 June 199629 held that the Landesvergabeamt's composition was not in accordance with the law and thus constituted a violation of the principle that no-one may be removed from his lawful judge. The Chairman of the Landesvergabeamt, a body which is not a court as such, did not have "the same legal and professional qualifications as members of the judiciary" as required by Article 2(8) of Directive 89/665/EEC. 30 The Verfassungsgerichtshof held that this provision was unconditional and specific and that it conferred on individuals the right to have the procedures for the award of public contracts reviewed by a body of a particular composition. It concluded that given its nature, concision and content, the provision in question, which ought to have been already transposed into Tyrolean law, had direct effect. VII B 225/95, Sammlung der Entscheidungen des Bundesfinanzhofs Bd. 179 pp. 502-508; Europaische Zeitschrift fur Wirtschaftsrecht 1996 pp. 126-128; Europaisches Wirtschafts- & Steuerrecht - EWS 1996 pp. 49-51; Internationales Steuerrecht 1996 p. 78-79; Juristenzeitung 1996 p. 37; Neue juristische Wochenschrift 1996 pp. 1367-1368; Recht der internationalen Wirtschaft 1996 pp. 169-170; Zeitschrift fur Wirtschaftsrecht 1996 pp. 343-346; Zeitschrift fur Zôlle und Verbrauchsteuern 1996 pp. 88-90; International Trade Law & Regulation 1996 p. S15. Voss, Reimer: Recht der internationalen Wirtschaft 1996 p. 324-326; Priess, Hans-Joachim: International Trade Law & Regulation 1996 p. S16; Reich, Norbert: European Journal of International Law 1996 pp. 103-111. Finanzgericht Hamburg, decision of 22 September 1995, IV 223/95; Entscheidungen der Finanzgerichte 1996 pp. 104-106; Rabe, Hans-Jiirgen: Neue juristische Wochenschrift 1996 pp. 1320-1324; Reich, Norbert : European Journal of International Law 1996 pp. 103-111. Case B 2477/95-14. Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts: OJ L 395, 30. 12. 1989, p. 33. 469 Austria's Verwaltungsgerichtshof (Administrative Court) gave judgment in two cases relating to the right of residence of Turkish nationals. On 22 February 199631 it ruled that Turkish workers were not subject to the provisions of the Aufenthaltsgesetz (Aliens' Right of Residence Act), provided they met the requirements of Articles 6 and 7 of Decision 1/80 of the EEC-Turkey Association Council. On 25 June 199632 the same court found that Austria had committed itself, under Articles 2 and 5(2) of the Accession Treaty and Article 77 of the Act of Accession, to apply the provisions of the EEC-Turkey Association Agreement and, consequently, the decisions of the Association Council, which the Court of Justice had held to have direct effect. Overruling the lower courts, the Verwaltungsgerichtshof therefore found that in certain circumstances the said provisions gave Turkish workers and members of their families not only the right of residence but also the right to free access to any gainful occupation of their choice. The certificate required by the Aliens Employment Act (the "Befreiungsschein") was therefore held to be incompatible with the Association Agreement. The court also made it clear that Turkish nationals were entitled to official confirmation of their rights by a decision of the competent administrative authority. The Verwaltungsgerichtshof decided that in this particular case the need for correct application of the Community rules was so obvious that there was no room for any reasonable doubt and, consequently, no need to refer the matter to the Court of Justice. In two judgments given on 5 November 199633 Belgium's Conseil dEtat ruled on the primacy of Article 48 of the Treaty of Rome over the Belgian Constitution. Applications had been lodged for the annulment of a Royal Decree concerning the status of central and regional government staff. 34 The applicants contended that the provision whereby certain posts in the public service were accessible to citizens of the European Union3' was contrary to Article 10 of the Constitution, whereby only Belgians may be appointed to posts in government service, except as otherwise provided by the law in individual cases. Basing itself on national case-law and on the past rulings of the Court of Justice, the Conseil d'Etat first of all pointed out that international law, and Community law in particular, had primacy over domestic legislation, including constitutional law. The Conseil dEtat held that the application of the Treaty of Rome in its entirety and as interpreted by the Court of Justice was a consequence of Belgium's membership of the European Union and, although it could still be set aside if the Belgian authorities were to Case 95/19/0424 of 22 February 1996. Case 96/09/0088 of 25 June 1996. Judgments of the Conseil d'Etat in Cases Nos 62. 921 Goosse v Belgian State and 62. 922 Orfinger v Belgian State. the Royal Decree of 26 September 1994 administrative status and remuneration applicable to community and regional government staff. Article 1(3)(1)(1) of the Royal Decree stipulates as follows: "No person may be appointed to a post unless he fulfils the following general conditions of admissibility: he must be of Belgian nationality where the duties to be performed entail direct or indirect participation in the exercise of government authority or in activities designed to safeguard the general interests of the State, Community or Region; in other cases, he must of Belgian nationality or a cititzen of the European Union. *' laying down general principles governing 470 terminate such membership or to renegotiate the terms of membership. As long as such a step had not been taken, however, the rule of law required that Community legislation be applied in its entirety. Although it was preferable that the Constitution should be brought into line with European law, the latter remained applicable irrespective of whether this had been done or not. The Conseil d'Etat concluded that the Treaty of Rome and the Court of Justice's interpretation thereof required Belgium to make accessible to EU nationals all posts in the public service other than those which involved participation in the exercise of the government's authority or in activities designed to safeguard the general interests of the State. On 31 December 1996 Finland's Korkein hallinto-oikeus (the Supreme Administrative Court), without referring questions to the Court of Justice for a preliminary ruling, gave judgment in a case (2617/6/1996) relating to the compatibility of Article 4(1) of Council Directive 77/388/EEC of 17 May 1977 (the Sixth VAT Directive: OJ No L 145, 13. 6. 1977) and the corresponding Finnish Act (arvonlisâverolaki). The case centred round the acquisition of real estate and, more particularly, the time as from which the taxpayer was authorized to deduct VAT already paid from the tax due. The question was whether deductions could be charged to the month in which goods or services were received or paid for, as claimed by the applicant company, or not before the premises were made available to the tenants, as stipulated by Finnish law. Referring in particular to Case 268/83 Rompelman [1985] ECR 655, in which the Court of Justice had ruled that the economic activities referred to in Article 4(1) of the Sixth Directive may consist in several consecutive transactions, including preparatory acts such as the acquisition of assets and therefore the purchase of immovable property, the Supreme Administrative Court concluded that the Directive itself and the past rulings of the Court of Justice required that a property owner's liability to tax and any appropriate deductions should be calculated from the time when the said owner completes the preparatory transactions for taking over the property. The Finnish authorities were obliged to abide by this interpretation irrespective of the provisions of the Finnish Act. It should be noted that the Supreme Administrative Court, while formulating its judgment in terms of interpretation, confirmed that the provisions of the Directive had direct effect. Giving a preliminary ruling on a question referred by the Luxembourg Conseil d'Etat, the Court of Justice had held that Articles 59 and 67 of the EC Treaty precluded a Member State from making the grant of an interest-rate subsidy subject to the condition that borrowers take out a house-purchase loan with a credit institution established in that Member State. 36 Rejecting the argument of the government representative, who had contended that at the time of the decision in question the plaintiffs (being Swedish) were not yet nationals of the European Union, the Conseil d'Etat ruled on 29 March 199637 that since Directive 88/3 61/EEC38 was concerned solely with the criterion of residence, nationality was immaterial. Court judgment of 14 November 1995 in Case C-484/93, [1995] ECR 1-3955. Svensson et Gustafsson v Ministère du Logement et de l'Urbanisme, judgment No 8853. Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty: OJNoL 178. 8. 7. 1988, p. 5. 471 In France the Conseil dEtat adopted a decision on the effect of Community directives on the adoption of national regulatory measures. 39 Decree No 89-496 of 12 July 1989 on the conditions governing reimbursement for medicines had earlier been scrutinized by the Section Sociale of the Conseil d'Etat. Before this Decree was signed and published, however, Directive 89/105/EEC concerning the fixing of prices for medicines40 was adopted and its provisions were found to be at odds with those of the draft Decree in certain respects. It was therefore decided that the appearance of the Cornmunity Directive necessitated flesh scrutiny of the draft Decree by the Conseil d'Etat. This would enable the draft's compatibility with the Directive to be verified before the deadline for transposai had expired. Still in France, the Cour de Cassation annulled an order for interim measures issued by the First President of the Poitiers Court of Appeal, on the grounds that the reasons given for the order were incompatible with Article 177 of the EC Treaty and were in breach of Article 38 of the New Code of Civil Procedure. 4' In the case concerned the First President had authorized an appeal against a judgment granting a stay of proceedings and a reference to the Court of Justice, giving as his reason the dilatory effect of the preliminary ruling procedure. Mention should also be made of a judgment given on 20 March 199642 in which Italy's Corte di Cassazione rejected the appeal against a decision by a giudice conciliatore in Rome who, in a case relating to the validity of a home sales contract, had invoked as an equitable rule Directive 85/577/EEC which, at the time, had not yet been transposed into Italian law. The Corte di Cassazione held that a Community directive, even if not yet transposed, was still an integral part of the national legal system with effect from the date on wliich it should have been transposed and that although the provisions of such a Directive could not be applied as rules of law in litigation between individuals, they could nevertheless constitute the legal framework for a judgment based on the principles of equity. In. Denmark the ffejesteret (Supreme Court) gave a judgment on 12 August 199643 on the admissibility of individual applications for the annulment of Acts of Parliament. Eleven Danish citizens, supported by 777 interveners, had brought an action against the Danish Prime Minister in connection with the ratification of the Maastricht Treaty. The applicants contested the compatibility of Danish ratification with Article 20(1) of the Constitution, which provides that the powers invested in the Danish Government by the Constitution may be delegated by Act of Parliament, and, to an extent to he determined, to other authorities under a reciprocal agreement with other States to promote international cooperation and Conseil d'Etat. Ass. , judgment of 15 April 1996, Union nationale des pharmacies et autres, RFDA 1996. 610, Europe 1996, Act. No 346, p. 11. Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national hcatlh insurance systems: OJ No L 40, 11. 2. 1989, p. 8. Cour de cassation (Commercial Division), judgment of 21 May 1996, Garage Trabisco el autres. Bulletin des arrêts de la Cour de cassation - Chambres civiles 1996 IV No 14i, Europe 1996 Act. No 287. p. 7. Corte di Cassazione. Sc?ionc 1 civile, judgment No 2369. Ugesknit for Rctsv&scn, 1996. p. 1302. 472 the international rule of law. The question was whether the words "to an extent to be determined" were an impediment to the delegation of powers which would result from the Maastricht Treaty Taking the view that the applicants had not demonstrated a legal interest in bringing proceedings, the 0stre landsret, the court of first instance, had held on 30 June 1994 that the action was inadmissible in terms of the case-law of the Hojesteret. 44 On appeal the Hojesteret held that, in an assessment of the application's admissibility, account had to be taken of the fact that accession to the Treaty on European Union entailed a transfer of powers to the Union in certain important areas. Taking the view that this was therefore a matter of concern to all citizens, it declared that the applicants did not need to demonstrate that they were directly and individually affected by the Act of Accession and declared the action admissible^45 On 25 January 1996*5 Germany's Bundesverwaltungsgericht acknowledged that Directive 85/337/EEC on the assessment of the effects of certain public or private projects on the environment would have direct effect in any instance where the applicability of national implementing provisions had been ruled ouï. Unlike the lower court, however, the Bundesverwaltungsgericht held that although the failure to produce an officictl assessment of the impact of a planned motorway was a breach of procedural rules, it did not in itself justify the annulment of the planning decisions since the assessment of the motorway's environmental impact had been substantially correct. On 25 October 199647 the Dutch Hoge Raad held, in a case relating to the distribution of sound recordings, that under Dutch law the manufacturer enjoyed no further rights once the recording had been placed on the market by the rightholder or with his consent (in this particular case, in the United States), even if Directive 92/100/EEC4* provides that the said rights are exhausted only when the product is marketed in the EC. At the material time the Directive had not yet been transposed into Dutch law but the deadline for its transposai had expired. The Hoge Raad found that even if in such circumstances national courts were obliged to interpret national law in line with the Directive, this obligation did not apply if it was clear that the wording and spirit of the national provisions precluded such an interpretation. It held, moreover, that to place on national law an interpretation on which individuals could not rely constituted a breach of the principle of legal certainty. Lastly, the -16 See judgment of 28 June 1973 in which the Hejcsteret deemed inadmissible an action concerning Denmark's membership of the European Communities, Ugeskrift for Rctsvœscn. 1973, p. 694. It should be pointed out that the Hojcstcrcfs decision related solely to the application's admissibility and that the court did not rale on the question of whether the ratification of the Maastricht Treaty was constitutionally acceptable under Danish law. This question was referred back to the 0stre landsret, which has not yet given its judgment. Bundesvenvalrungsgericht. judgment of 25 January 1996, 4 C 5. 95. Entscheidungen ries Bundesverwaltungsgericht s Bd. 100 pp. 238-256, Agrarrccht 1996 p. 270-271, Deutschcs Verwaltungsblatt 1996 pp. 677-682. Neue Zeitschrift fur Verwaltungsrecht 1996 pp. 788-793. Pink Floyd Music Limited and Others v Rigu Sound BV and Others. RvdW 1996. 206. Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights relating to copyright in the field of intellectual property. 0. 1 No L 346, 27. 11. 1992. p. 61. Hoge Raad held that to interpret the national law in the light of the Directive would be tantamount to placing obligations indirectly on individuals and that this would be contrary to the principle that directives should not be prejudicial to the rights of individuals. In France the Conseil d'Etat refused to consider arguments based on Community law under the heading of public policy. 49 This refusal should be seen in the light of recent judgments given by the Court of Justice. x Italy's abolition of the registration charge for limited companies, which the Court of Justice had deemed incompatible with Directive 335/69/EEC in Ponente Cami,51 led to wide-ranging litigation concerning the reimbursement of the sums needlessly paid by the companies concerned. In this context the Corte di Cassazione had to consider an application lodged by the tax authorities against a decision given by a court of first instance in Genoa and confirmed on appeal. Under this decision the said authorities were required to refund the sums paid by the applicant company. On 12 April 1996 -2 the Corte di Cassazione confirmed that the charge in question was incompatible with Directive 3 3 5/69/EEC but ruled that applications for reimbursement were subject to the three-year time limit laid down by a 1972 Act which applied to all claims for the reimbursement of charges unduly collected by the tax authorities. In this connection the Corte di Cassazione pointed out that disapplication of an Italian Act because it was incompatible with Community law did not mean that it had been repealed. It should be mentioned that following this judgment a large number of questions were referred to the Court of Justice for a preliminary ruling on the applicability of the three-year deadline and the retroactive effects of the Ponente Cami ruling. On 18 December 199553 the Italian Constitutional Court declared that it had no jurisdiction to examine a question of constitutional law raised by the Corte di Cassazione in connection with Council Regulation No 1408/71. Giving the reasons for its decision the Constitutional Court, stressed that under Article 134 of the Italian Constitution it could rule only on the constitutional acceptability of legislation enacted by the national or regional governments. It was therefore incompetent to examine the constitutionality of a Community regulation which was not part of the national legal system. It reaffirmed its earlier rulings to the effect that it was competent solely to examine whether the legislation implementing the Treaty was in breach of the fundamental principles of the national constitution or at odds with inalienable human rights; it was not competent to consider whether a specific provision of Community law was in accordance with the Constitution. Conseil d'Etat, judgment of 28 February 1996 in Mcgel et Petit. Droit fiscal 1996, No 24. < o-jiu. 752, Europe 1996 Act. No 158, p. 19; see also Conseil d'Etat, judgment of 11 January 1991 in SA Morgane. Actualité Juridique Droit Administratif 1991. 149. Court judgments of 14 December 1995 in Case C-312/93 Peterbroeck (fl995j ECR 1-4599) and in Joined Cases C-430/93 and C-431/93 Van Schijndel ([1995] ECR 1-4705. Court judgment of 20 April 1993 in Case C-71/91, |1993| ECR 1-1915. Corte di Cassazione, Se/ioni Unite Civili. judgment No 3458. Corte costituzionalc, judgment No 509. 474 On 25 March 1996s pain's Tribunal Constitucional gave its decision on an appeal against the judgment given by the Galician Tribunal Superior de Justicia in a case relating to an invalidity pension. The applicant, basing his appeal on the need to protect fundamental rights and liberties (recurso de amparo), contended that the Tribunal Superior had failed to take account of documents in the German language which he had adduced as evidence without providing the translation required by national procedural law or requesting the court for such a translation and that the Tribunal Superior had thus disregarded his right to effective judicial protection, since Articles 81 and 84 of Regulation No 1408/71 stipulate that the courts of a Member State cannot reject documents submitted to them on the grounds that they are written in the official language of another Member State. The Tribunal Constitucional held that the Tribunal Superior, by considering that it need not have the documents in question translated but that it was for the litigants to request such translation, had correctly interpreted the Community Regulation, which it found compatible with the procedural law. It added that, should such interpretation give rise to a conflict between the procedural law and the Community legislation, any litigation arising from this would be " infraconstitucional" and would be a matter for the ordinary courts rather than the Tribunal Constitucional. One of the judges on the Tribunal Constitucional dissented, basing his opinion on the primacy of Community law, which he considered to preclude the interpretation given by the Tribunal Superior and the use of the term "infi-aconstitucionaF to describe litigation concerning the compatibility of national law with Community law. 4. Question 4 In Regina v Secretary of State for the Home Department, ex parte John Gallagher,^ the United Kingdom's Court of Appeal heard the application of an Irish national who had been deported under Article 7 of the Prevention of Terrorism (Temporary Provisions) Act 1989 on the grounds that the Minister was convinced of his involvement in the commission, preparation or encouragement of terrorist activité \ Following his deportation the applicant explained to the Minister in writing the • asons for his objections and was interviewed by a person designated by the Minister, wi;o then reviewed the case but did not alter his decision. Asked for a preliminary ruling, the Court of Justice held50 that Article 9(1) of Directive 64/221/EEC on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health must be interpreted as meaning that, except in an emergency, the administrative authorities could not take a decision on deportation until a competent body had been consulted. Following this ruling, the applicant had asked the Court of Appeal's leave to add a claim for damages to his application for judicial review of the Minister's decision. Refusing to give leave, the Court of Appeal held that the 1989 Act did not fully transpose Directive 64/221/EEC and that it followed from the judgment in British Telecommunications'' that the conditions of liability set out in Brasserie du Pêcheur and Pactortame™ were applicable. As regards the causal link, the Court of Appeal held that Judgment No 45/1996. Court of Appeal. Civil Division, judgment of 13 June 1996. Court judgment of 30 November 1995 in Case C-l 75/94. |1995| ECR 1-4253. Court judgment of 3 March 1996 in Case C-3 >2/93. 11996| ECR 1-163 1. Court judumentof 5 March 1996 in Joined Cases C-46/93 and C-48/93. [1996| ECR 1-1029. the Minister had indeed reconsidered his decision and there was no reason to believe that his decision would have been different if the correct procedure had been followed. Although there had been a breach of Community law, the applicant was not entitled to receive damages for the loss of the opportunity to obtain a favourable result since he had not established that the said breach was the probable cause of the deportation decision and that otherwise he would not have been deported. The Court of Appeal also pointed out that the breach had not been sufficiently serious: although the departure from the procedure laid down by the Directive might have been manifest, it could not be described as "serious" since the protection afforded by the national procedure could be considered as effective. It added that a distinction had to be made between Hedley Lomas* where the infringement of the Treaty had been flagrant, and the present case, in which the United Kingdom enjoyed certain powers of discretion and in which its choice, even if wrongly made, was not manifestly wrong in substance. On 19 January 199660 Italy's Corte di Cassazione ruled on the State's liability for damage resulting from the non-transposal or îate transposai of Community directives. In the case concerned the Italian Government, had been late in adopting Legislative Decree No 80/199/2 and thus transposing into Italian law Directive 80/987/EEC on the protection of employees in the event of the insolvency of their employer. Article 2 of the Decree having acknowledged the right to compensation for losses arising from the non-transposal of the Directive, a number of employers had brought an action for damages against the Italian Government. Both the court of first instance and the court of appeal had found in favour of the employers, taking the view that the State was obliged to pay compensation under the general principles governing non-contractual liability. The question had then been referred to the Corte di Cassazione (the Supreme Court of Appeal), where the lawyers acting for the Italian Government contended that, since the Decree in question had designated a specific public body, namely the Istituto Nazionale di Previdenza Sociale, as responsible for implementing the protection arrangements laid down by the Directive, all complaints, including those relating to the late transposai of the Directive, should be addressed to that. body. Following this line of reasoning, the Corte di Cassazione held that liability for non-transposal of directives could not be compared to non-contractual liability in general. It also found that as a result of the Court of Justice's niling in Prancovich the liability of Member States vis-à-vis individuals for non-transposal of directives had to be established by the national courts in accordance with, the national rules on the liability of the State. Taking the view that there were no provisions of Italian law whereby the State could be held liable for action taken in the exercise of legislative powers, the Corte di Cassazione annulled the decision of the Florence court and referred the case back to the court of first instance. 59 60 Court judgment of 23 May 1996 in Case C-5/94, [ i 996] ECR 1-2533. Corte di Cassazione. Sezionc Lavoro, Présidente del Consiglio dei Ministri v IN PS, Castellani e altri. judgment No 401. 476 Following the Court of Justice's ruling in Case C-l78/84 concerning the German purity requirements for beer,6l a French company had claimed compensation for the losses wliich it had suffered between 1981 and 1987 as a result of the restrictions which the said requirements placed on the importation of beer. The Court of Justice liaving given a preliminary ruling on the conditions governing the liability of the State and the scope of the obligation to pay compensation," Germany's Bundesgerichtshof dismissed the claim for compensation on 24 October 1996 "3 The Bundesgerichtshof drew attention to the distinction made by the Court of Justice between the breach of Community rules arising from the retention of the national provisions which prohibited beers manufactured in other Member States and under other rules from being marketed as "Bier" and the breach arising from the retention of the provisions which prohibited the importation of beers containing additives. The German court held that, in these particular circumstances, a direct causal link existed only between the latter breach and the losses suffered by the plaintiff. Before the Court of Justice's ruling in Case C-l78/84, however, this breach of the Community rules had not been sufficiently serious to warrant the payment of compensation. As regards the losses suffered since the Court's ruling, the Bundesgerichtshof took the view that these had also resulted from the infringement of Community rules prior to the said ruling rather than by any failure of the German authorities to comply with the Court's decision, so that the conditions for compensation were not met in this instance either. 63 Court judgment of 13 March 1987 in Case C-178/84 Commission v Germany, [1987] ECR. 1227. Court judgment of 5 March 1996 in Joined Cases C-46/93 Brasserie du Pêcheur SA v Germany and C-48/93 The Queen v Secretary of State for Transport, ex parte: Factortame Ltd and Others, [ 1996] ECR M029. Bundesgerichtshof, judgment of 24 October 1996, III ZR 127/91, Brasserie du Pêcheur SA v Bundesrepublik Deutschland, Neue juristische Wochenschrift 1997 pp. 123-126, Europaische fur Wirtschaftsrecht 1996 pp. 761-764, Wertpapier-Mitteilimgcn 1996 Zeitschrift pp. 2203-2207, Zeitschrift fur Wirtschaftsrecht 1996 pp. 2022-2026, Der Betrieb 1997 pp. 396-400; Deutsches Venvaltungsblatt 1997 pp. 124-127, Monatsschrift fiir deutsches Recht 1997 pp. 45-46, Wettbewerb in Recht und Praxis 1997 pp. 27-31. annotated by Krohn, Gunter: Entscheidungen zum Wirtschaftsrecht 1996 pp. 1î 23-1124. 477 ISSN 0254-1475 COM(97) 299 final DOCUMENTS EN 06 16 01 Catalogue number : CB-CO-97-324-EN-C ISBN 92-78-21817-0 Office for Official Publications of the Puropean Communities P-29X5 Puxemhouru, ( / ; '-