Fifteenth annual report on monitoring the application of Community law (1997)
10. 8. 98 EN Official Journal of the European Communities C 250/1 I (Communications) COMMISSION FIFTEENTH ANNUAL REPORT on monitoring the application of Community law - 1997 - (98/C 250/01) COM(1998) 317 final (Submitted by the Commission on 27 May 1998) 10. 8. 98 EN Official Journal of the European Communities C 250/3 CONTENTS INTRODUCTION . 8 Page AREA WITHOUT INTERNAL FRONTIERS 1. Introduction . 2. Situation sector by sector . 2. 1. Removal of physical borders . 2. 1. 1. Customs . 12 14 14 14 2. 1. 1. 1. ÚProgress in implementing customs Directives . 14 2. 1. 2. Free movement of agricultural products . 2. 2. Removal of technical barriers . 2. 2. 1. Free movement of goods . 2. 2. 1. 1. ÚArticles 30 et seq. of the EC Treaty . 2. 2. 1. 2. ÚPreventive rules provided for by Directive 83/189/EEC . 2. 2. 2. Progress in implementing Directives on the free movement of goods . 2. 2. 2. 1. ÚFoodstuffs . 2. 2. 2. 2. ÚProgress in implementing Directives applicable to foodstuffs . 2. 2. 2. 3. ÚPharmaceutical products . 2. 2. 2. 4. ÚProgress to pharmaceutical products . implementing Directives applicable in 2. 2. 2. 5. ÚChemicals . 2. 2. 2. 6. ÚProgress in implementing Directives applicable to chemicals . 2. 2. 2. 7. ÚMotor vehicles, tractors and motorcycles . 2. 2. 2. 8. ÚProgress in implementing Directives applicable to motor vehicles, tractors and motorcycles . 2. 2. 2. 9. ÚConstruction products . 2. 2. 2. 10. Mechanical engineering, electronics, personal protection equipment, gas equipment, pressure equipment, pre packaging, measuring equipment, medical devices and pleasure craft . 2. 2. 2. 11. 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 . 2. 2. 2. 12. Cosmetics . 2. 2. 2. 13. Progress in implementing Directives applicable to cosmetics . 14 15 15 15 18 18 18 19 19 19 19 20 20 20 21 21 22 22 22 C 250/4 EN Official Journal of the European Communities 10. 8. 98 2. 2. 2. 14. Textiles . 2. 2. 2. 15. Progress in implementing Directives applicable to textiles . 2. 2. 2. 16. Liability for defective products . 2. 2. 3. Free movement of persons, right of establishment and voting rights . 2. 2. 3. 1. ÚEnding discrimination . 2. 2. 3. 2. ÚEntry and residence . 2. 2. 3. 3. ÚProgress in implementing Directives applicable to right of residence . 2. 2. 3. 4. ÚRight to vote and stand in elections . 2. 2. 3. 5. ÚRecognition of qualifications . 2. 2. 3. 6. ÚProgress in implementing Directives applicable to recognition of qualifiÜ cations . 2. 2. 3. 7. ÚIndependent commercial agents . 2. 2. 4. Freedom to provide services . 2. 2. 4. 1. ÚArticles 59 et seq. 2. 2. 4. 2. ÚAudiovisual/Media . 2. 2. 4. 3. ÚTelecommunications . 2. 2. 4. 4. ÚProgress in implementing Directives applicable to telecommunications . 2. 2. 4. 5. ÚFinancial services . 2. 2. 4. 6. ÚProgress in implementing Directives applicable to financial services . 2. 2. 4. 7. ÚCommercial communications . 2. 2. 5. Free movement of capital . 2. 2. 6. Company law . 2. 2. 6. 1. ÚProgress in implementing Directives applicable to company law . 2. 2. 7. Intellectual and industrial property . 2. 2. 7. 1. ÚProgress in implementing Directives applicable to intellectual and industrial property . 2. 2. 8. Public procurement . 2. 2. 8. 1. ÚProgress in implementing Directives applicable to public procurement . 2. 3. Removal of tax barriers . 2. 3. 1. Direct taxation . 2. 3. 1. 1. ÚProgress in implementing Directives applicable to direct taxation . 2. 3. 2. Indirect taxation . 22 23 23 23 23 23 24 24 24 25 26 26 26 26 27 28 28 31 31 31 31 32 32 33 33 34 34 34 35 35 2. 3. 2. 1. ÚProgress in implementing Directives applicable to indirect taxation . 37 10. 8. 98 EN Official Journal of the European Communities C 250/5 CONSUMER POLICY AND HEALTH PROTECTION 3. Introduction . 4. Situation sector by sector . 4. 1. Safety and health . 4. 2. Protection of consumers’ economic interests . 4. 3. Progress in implementing directives applicable to consumer protection and product safety COMPETITION 5. Introduction . 6. Situation sector by sector . 6. 1. Public enterprises . 6. 2. Monopolies . 6. 3. Progress in implementing measures in the field of competition . SOCIAL POLICY 7. Introduction . 8. Situation sector by sector . 8. 1. Free movement of workers . 8. 1. 1. Ending discrimination . 8. 1. 2. Access to employment in the public service . 8. 1. 3. Social security . 8. 2. Equal treatment of men and women . 8. 3. Working conditions . 8. 4. Health and safety at work . 8. 5. Public health . 8. 6. Progress in implementing Directives applicable to social policy . 37 37 37 38 38 39 39 39 40 41 41 41 41 41 42 42 43 43 43 44 44 EDUCATION AND TRAINING . 44 AGRICULTURE 9. Situation sector by sector . 9. 1. Markets . 9. 2. Harmonisation . 9. 3. Progress in implementing Directives applicable to agriculture . FISHERIES 10. Introduction . 11. Situation sector by sector . 11. 1. Markets . 11. 2. Resources . 11. 3. Compatibility with Community law of national legislation on the grant of flag rights to fishing vessels . 44 44 45 48 48 48 48 48 49 C 250/6 EN Official Journal of the European Communities 10. 8. 98 ENVIRONMENT 12. Introduction . 12. 1. General situation . 12. 2. Notification of national implementing measures . 12. 3. Conformity of national implementing measures . 12. 4. Correct application of directives . 12. 5. Freedom of access to information . 12. 6. Environmental impact assessment . 12. 7. Action needed . 13. Situation sector by sector . 13. 1. Air . 13. 2. Chemicals and biotechnology . 13. 3. Water . 13. 4. Noise . 13. 5. Waste . 13. 6. Nature . 13. 7. Radiation protection . 49 49 51 52 53 54 55 56 57 57 58 60 63 64 67 70 13. 8. Progress in implementing Directives applicable to the environment . 70 TRANSPORT 14. Introduction . 15. Situation sector by sector . 15. 1. Road transport . 15. 2. Combined transport . 15. 3. Inland waterways . 15. 4. Rail transport . 15. 5. Sea transport . 15. 6. Air transport . 15. 7. Summertime . 71 71 71 72 72 73 73 74 75 15. 8. Progress in implementing directives on transport . 75 ENERGY 16. Introduction . 17. Situation sector by sector . 17. 1. Internal market for electricity and natural gas . 17. 2. Energy efficiency . 17. 3. Oil and gas . 17. 4. Progress in implementing directives on energy . 75 75 75 75 76 76 10. 8. 98 EN Official Journal of the European Communities C 250/7 STRUCTURAL FUNDS AND COMMUNITY LAW . 76 BUDGET MATTERS . 78 COMMUNITY STAFF . 78 STATISTICS . 79 ANNEXES Annex I: Suspected infringements 1993 to 1997 . Annex II: Established infringements . Annex III: Infringements of treaties, regulations and decisions . Annex IV: Report on the application of directives . Annex V: Judgments of the Court of Justice up to 31 December 1997 not yet implemented . Annex VI: Application of Community law by national courts . 80 87 95 110 190 195 C 250/8 EN Official Journal of the European Communities 10. 8. 98 INTRODUCTION There are several salient features of activities in 1997: It is clear from these developments that the enforcement of Community law is one of the central focuses of Commission attention, as President Santer promised it would be when the present Commission took office. - statistically speaking, the year saw a sharp rise in the the letters addressed to number of Article 169 Member States; - the rate of transposal of directives rose for all Member States, some of them displaying particularly impressive "performance rates’; - procedurally speaking, 1997 was the first year in which the Commission proposed that the Court of Justice impose a daily penalty payment on a Member State for failure to discharge a Community obliÜ gation; eight proposals have now been decided on, and two of them have actually been referred to the Court; - 1997 was also the first year in which the Commission decided to boost the information made available to complainants, following an own initiative inquiry by the Ombudsman; - the Amsterdam European Council of 16 and 17 June 1997 was followed by the proposal of 18 November 1997 for a Regulation creating a mechanism whereby the Commission can intervene in order to remove certain obstacles to tradeØ(˛); - parliamentary questions and petitions continue to play a major role in the detection of infringements and are behind the commencement of a good number of new proceedings each year; - the Commission presented a proposal for a European Parliament and Council Decision establishing an awareness of action Community law for the legal professions (Robert Schuman Project). programme improve to The statistical analysis: the initial effects of the 1996 in the procedural reforms - a spectacular number of Article 169 letters and of cases terminated. increase The number of new complaints rose by 17Ø% from 819 in 1996 to 957 in 1997, thus reversing the trend of recent years. The number of the Commission’s own investigations remained stable at 261. cases detected by The number of Article 169 letters actually sent was up, by 23Ø% from 1Ø168 in 1996 to 1Ø460 in 1997. This applied particularly to cases of failure to notify the Commission directives (+ 47%). Only the number of reasoned opinions fell, by 21Ø% from 436 in 1996 to 343 in 1997. of measures implementing The very sharp rise in the number of Article 169 letters decided on is the first fruit of the reforms decided on in July 1996: better compliance with the one year deadline for a decision on the substance, coupled with a new approach to Article 169 letters (now regarded as a dedramatised request for observations), have greatly reduced the complaint or of a case detected by the Commission’s own inquiries and the initial decision on the substance. (NB: the number of cases terminated is also well up - by 22Ø% from 1Ø765 to 2Ø151 - while the total number of cases in progress (the "stock in trade’) is down. ) time lag between registration of the Transposal of directives in 1997 (˛) COM(97) 619 final. The table below gives an overall picture of the rate of notification of national measures implementing all the directives applicable on 31 December 1997. 10. 8. 98 EN Official Journal of the European Communities C 250/9 Member State Directives applicable on 31. 12. 1997Ø(˛) Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 1Ø382 1Ø378 1Ø384 1Ø380 1Ø380 1Ø382 1Ø374 1Ø383 1Ø380 1Ø382 1Ø379 1Ø378 1Ø370 1Ø376 1Ø381 1Ø269 1Ø337 1Ø295 1Ø281 1Ø313 1Ø293 1Ø293 1Ø278 1Ø300 1Ø332 1Ø301 1Ø289 1Ø319 1Ø339 1Ø308 % 91,8 97,0 93,6 92,8 95,1 93,6 94,1 92,5 94,2 96,4 94,3 93,5 96,3 97,3 94,7 Implementation of second subparagraph of Article 171(2) of the EC Treaty In 1997 the Commission for the first time made use of the power conferred on it by the Maastricht amendment of Article 171 of the EC Treaty: to take the Member State concerned fails "If 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 lump sum or penalty payment to be paid by the Member State concerned which it considers to be appropriate in the circumstances. If the Court of Justice finds that the Member State concerned has not complied with the judgment it may impose a lump sum or penalty payment on it. ’ On 31 December 1997 the Member States had on average notified 94Ø% of the national measures needed to implement the directives applicable. This is higher than the figure for 1996 (93Ø%). But the performance of the individual Member States is variable. When proposing that a Member State be ordered to pay a penalty for failure to comply with a judgment, the Commission is actually proposing a valuable enforcement measure that is available against Member States. Attention is drawn to the considerable improvement in the notification rate for Sweden, which is three points higher than its rate last year and ranks it first (last year it ranked fifth). Finland, too, has performed well, rising from 81Ø% the problem of transposal of directives in the ¯land Islands (notably in agriculture), mentioned in the Fourteenth Report, has been resolved. to 96,3Ø% now that January and 10 December 1997 On 28 eight infringement proceedings reached the referral stage with proposals for penalty payments. The threat of the penalty had a useful deterrent effect as two of the cases were thereupon terminated quite quickly and two more are in the process of being settled. In two cases, however, the referral has been maintained, together with the proposal for penalty payments; these are the two surface water cases against Germany (Directives 75/440/EEC and 79/869/EEC). These high rates conceal contrasting realities. The table at Annex IV offers a detailed picture of the situation regarding transposal in 1997 by Member State and by sector. The Ombudsman’s infringement procedures own initiative inquiry into The sector by sector analysis will give more detailed account of the quality of transposal (conformity of national implementing measures with the directives, and sound application of them). The Ombudsman’s inquiries into a series of complaints about infringement proceedings, notably the environÜ mental complaints about the Newbury Bypass, prompted him to conclude that there was a general need to review the 169 complainants proceedingsØ(ˇ). He undertook an own initiative inquiry. in Article position of (˛) It will be seen that a total of 1Ø391 directives were applicable on 31 December 1997, as opposed by 1Ø314 on 31 December 1996. In other words, 77 new directives came into force in 1997. (ˇ) Ombudsman’s Annual Report for 1996, OJ C 272, 8. 9. 1997, p. 32. C 250/10 EN Official Journal of the European Communities 10. 8. 98 He proposed among other things that the Commission should seek the complainant’s opinion before closing a case. This would involve the citizen more closely in the procedure (there is no appeal against the Commission’s decision to close a case) and make the procedure more transparent. The Commission accepted this recommendation. In a letter addressed to the Ombudsman on 24 July 1997, the Commission SecretaryÜGeneral stated: "In several cases informed the beforehand complainant during the investigation of the complaint. is now the dialogue with. Ø. Ø. as part of the complainant The Commission is prepared to extend this practice. Leaving aside cases where the complaint is obviously without foundation and cases where nothing further is heard from the complainant, the Commission will ensure that a complainant is informed of its intention to close a case. ’ The Ombudsman wrote to the Commission on 13 October, stating that he was closing his own initiative inquiry as there was an improvement in the procedural status of the complainant at the pre litigation stages and there was no presumption of maladministration. FollowÜup to the Amsterdam European Council: new legal instruments to combat manifest barriers to free movement of goods The Conclusions of the Amsterdam European Council of 16 and 17 June state: the underlines "The European Council crucial importance of timely and correct transposition of all agreed legislation into national law, the need to inform citizens and business fully about the Single Market, and the necessity of active enforcement of Community law in the Member States and the introduction of more rapid and effective procedures for problem solving including level in cases of recurring deliberations at Council problems. The European Council the Commission to examine ways and means of guaranteeing in an effective manner the free movement of goods. It requests the Commission to submit relevant proposals before its next meeting in December 1997. ’ requests intervene The Commission responded on 18 November with a proposal for a Council Regulation creating a mechanism whereby the Commission can in order to remove certain obstacles to tradeØ(˛). This means that when it detects a particularly serious barrier to the free movement of goodsØ(ˇ), the Commission has the power to take mandatory legal decisions. Individuals who suffer loss can then plead such decision in the national courts in order to obtain interim relief or damages. If a Member State does not comply with the decision within the prescribed period, the Commission may commence Article 169 infringement proceedings, with the referral to the Court of Justice being made quite quickly. The role of parliamentary questions and petitions in the commencement of new infringement proceedings In 1997 parliamentary questions and petitions were at the origin of 17 new infringement proceedings. They mainly concerned nationality discrimination and environmental problems. The Robert Schuman Project - lawyers in Community law training judges and Declaration No 19 on the implementation of Community law, annexed to the Final Act of the Treaty on European Union signed on 7 February 1992, "considers it essential for the proper functioning of the Community that the measures taken by the different Member States should result in Community law being applied with the same effectiveness and rigour as in the application of their national law’. (˛) COM(97) 619 final. (ˇ) This means cases where three conditions are all met: (i) a serious barrier to the free movement of goods; (ii) serious harm to individuals as a result; (iii) need for immediate action to ensure that the barrier and the resultant harm are not continued, extended or aggravated. 10. 8. 98 EN Official Journal of the European Communities C 250/11 The Commission responded to the Declaration with a proposal for a European Parliament and Council Decision establishing an action programme to improve awareness of Community law for the legal professions (Robert Schuman Project)Ø(˛). This states that "citizens will be unable to enforce all their rights under the Community legal system before any national court within the Union unless those members of the legal professions involved in the administration of justice, i. e. judges, prosecutors and lawyers are sufficiently informed and trained to do so’Ø(ˇ). The Commission took over Parliament’s amendments to its proposal for the purpose of extending the project to all the practitioners involved in the administration of justice. The project is to consist of initial and continuing training measures the development of information facilities on Community law. An evaluation report is to be made no later than 31 December 1999. support and for It can be seen from these examples that the Commission’s activities in its capacity as guardian of the Treaties do not consist merely of issuing Article 169 letters and reasoned opinions. The Commission is very active in preventing infringements of Community law, not only when preparing its legislative proposals but also at the pre litigation stage of Article 169 proceedings. As the Commission stated in 1997, "better lawmaking means level that are easy to adopting texts at Community transpose and to apply at national level’Ø(—). This rapid overview of the Commission’s activities would not be complete without a reminder of all the European Parliament does in this respect; its annual resolution on the report on monitoring the application of Community law has done much to improve it. To conclude, the Commission wishes to draw attention to the importance of one particular set of figures given in the numbers of complaints and of this report - infringement proceedings has risen considerably this year. The Commission believes that the rise in the two figures is evidence that the Community’s citizens are ever keener to see their rights properly respected, while the Commission has assumed its proper share of the responÜ it hardly needs sibility for enforcing the rules. But in restating that the Commission does not operate isolation here: the practical application of the rules, which is a fundamental political objective of European integration, requires the full cooperation of all the Member States and all the Community institutions. (˛) COM(97) 596 final. (ˇ) Amended proposal, Recital 5. (—) COM(97) 626 final, Better Lawmaking 1997: Commission Report to the European Council, p. 1. C 250/12 EN Official Journal of the European Communities 10. 8. 98 AREA WITHOUT INTERNAL FRONTIERS 1. INTRODUCTION the face it would single marketØ(˛), presented impact and The Commission communication on the to effectiveness of Parliament and the Council on 26 November 1996, provided an initial assessment of how the single market was functioning, what economic effect it was having and what challenges future. The assessment, though positive, reveals a number of shortÜ comings in the functioning of the single market, which prevent it from delivering all its potential benefits. What Europe needs is a more effective single market, to stimulate growth, innovation and employment. With this in mind, the Commission announced to the Dublin European Council in December 1996 that it intended to draft an action plan for enhancing the single market’s effectiveness in the years ahead. the in The planØ(ˇ) set four objectives, which form a clear strategy for action, starting now: - make legislation more effective, which means improving transposal and implementation of common provisions and regulations at both Community and national level; simplifying - eliminate the main distortions the market, primarily by dismantling tax barriers and fighting measures that discourage competition; in - remove obstacles integration affecting particular industries by closing the loopholes in the single market’s regulatory framework; to market - create a single market which works in everyone’s interests, ensuring that individual citizens can enjoy their full rights and working on the social side of the single market. The European Council, meeting in Amsterdam on 16 support and 17 June 1997, reaffirmed full its (˛) The impact and effectiveness of COM(96) 520 final, 30 October 1996. the Single Market, (ˇ) Action Plan for the Single Market, CSE(97) 1 final, 4 June 1997. regulations for the priorities set out in the action plan and, more specifically, stressed the need to start work straight away on the first strategic objective, enhancing the effecÜ tiveness of Community through better transposal and more effective application of the rules governing the single market. To that end, the Member States are requested to put forward detailed transposal timetables and to keep the Commission informed of moves facilitate communication between national authorities and contact points for businesses and the general public. to set up coordination centres to As far as administrative cooperation is concerned, the Karolus programmeØ(—), launched in 1993, provides for exchanges of officials between the national adminisÜ trations. Its purpose is to promote harmonised interpreÜ tation and uniform implementation of Community single market legislation. All Member States have now taken part in the programme, either sending or receiving officials from national government departments. By 31 December 1997, 417 officials had been on exchanges, comprising a training seminar, the exchange proper (around two months spent in a similar department in another Member State) and a debriefing seminar. The five year programme is due to expire at the end of 1997. Parliament and the Council are currently looking at a it for proposal for a decision which would extend another two years and open it up to the associated countries in central and eastern Europe, the EFTA countries in the EEA and Cyprus. The Council arrived at a political agreement on the proposal at its first reading is expected to reach a on 27 November 1997 and decision quickly at the second reading. the Matthaeus programmeØ(Ñ), Alongside Karolus, launched in 1991, provides explicitly for exchanges for customs officials while MatthaeusÜTaxØ(Ò), launched in 1993, caters for civil servants who deal with tax matters. In addition, the Council adopted two joint actions in 1996, one introducing a programme of incentives and exchanges ("Grotius’)Ø(Ó), and another introducing a programme of training, exchanges and cooperation on identity documents ("Sherlock’)Ø(Ô). legal practitioners for (—) Council Decision 92/481/EEC, 22 September 1992, OJ L 286, 1. 10. 1992, p. 65. (Ñ) Council Decision 91/341/EEC, 20 June 1991, OJ L 187, 13. 7. 1991, p. 41. (Ò) Council Decision 93/588/EEC, 29 October 1993, OJ L 280, 13. 11. 1993, p. 41. (Ó) Joint action of 28 October 1996 (96/636/JHA), OJ L 287, 8. 11. 1996, p. 3. (Ô) Joint action of 28 October 1996 (96/637/JHA), OJ L 287, 8. 11. 1996, p. 7. 10. 8. 98 EN Official Journal of the European Communities C 250/13 As guardian of the Treaty, the Commission keeps a constant eye on the transposal and effective application of internal market legislation at national level. Once the action plan was adopted, the Commission decided to publish a "scoreboard’ keeping track of application of the legislation and implementation of the plan. The first report, presented to the Council (Internal Market) in November 1997, gave a breakdown by Member State and by industry of the progress made in transposing legislation into national law. It also gave the number of infringements and reported on implementation of the action plan. Detailed reports on transposal are now to be presented to every Council meeting on the internal market. They will give an account of progress made in transposing major single market directives. On 1 January 1998, the Member States had reported 93Ø% of the legislative implement the 1Ø374 Directives measures required to then in force. this financial Despite there are still fairly high percentage, considerable delays in certain key sectors, such as public intellectual and procurement, industrial property. These delays are often caused by problems in the national decision making process or the texts, which complexity of Community technical sometimes to adopt national leads Member States measures implementing only part of a directive. services and implementing measures, since The Commission also takes a keen interest in the quality of incomplete or incorrect transposal of Community 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. the Another priority is to put the finishing touches to the legislative framework of the single market. 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; drafts have been drawn up following the report of the Group chaired by Etienne Davignon. 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. Moreover, the priority projects will have to be implemented if the single market is to be adapted to take account of new technoÜ logical challenges, such as the creation of an information society transÜEuropean networks. introduction of and the But completing the legislative framework is not enough in itself. The establishment of a genuine frontier free area also requires an effort to simplify legislation. To this end the Commission launched the SLIMØ(˛) pilot project in 1996 to explore how the constraints and formalities imposed on businesses by the complexity of legislation can be reduced by simplifying laws and administrative procedures. The campaign, legislation, the combined nomenÜ concerning banking clature for foreign trade, VAT rules and fertilisers, was started in May 1997. On 27 November a communication setting out the recommendations made by the various working parties on these issues was put to the Council (Internal Market). stage of second the judiciaries at all If the single market is to function effectively, the relevant legislation must also be correctly implemented by the Member States’ levels. The Robert Schuman campaign aims to ensure better implementation of Community law by providing more training and information for judges and lawyers. In contributing to greater awareness of the practical aspects of Community law amongst the legal profession, the Robert Schuman campaign is helping to ensure that the single market works to the maximum benefit of ordinary citizens, consumers and businesses alike. The campaign relies on the cooperation of the bodies responsible for training judges and lawyers. These establishments can apply for financial support for training or information campaigns dealing specifically with Community law. In the pilot phase in 1997, over 40 local projects were selected for support under the campaign. Lastly, the success of the single market depends on the public knowing what their rights are and how to (˛) Simpler legislation for the Single market - Commission the Council COM(96) 559 final, 6 to communication November 1996. C 250/14 EN Official Journal of the European Communities 10. 8. 98 treatment to equal exercise them. The second stage of the Commission’s Citizens First initiative, launched in 1997, focuses on the rights the European Union confers on its citizens with regard for men and women, consumer protection, the purchase of goods and services in other Member States and travel within the Union. This second stage uses the same tried and tested strategy as the first stage (launched in November 1996, with working, living and studying in another Member State as its theme). It involves putting across clear, practical information to as wide an audience as possible on the rights and opportunities offered by the Union and on what to do when these rights are violated. Another case concerning Italy’s failure to comply with Community transit rules was also closed after a circular was issued, bringing the Italian rules into line with the relevant customs regulations (Regulations (EEC) No longer uses 2913/92 and No 2425/93)Ø(ˇ). Italy no external transit arrangements in the circumstances which were external procedure applies to Community goods only in a limited number of cases where Community measures apply to the export operation. previously; problems causing the 2. SITUATION SECTOR BY SECTOR 2. 1. Removal of physical borders 2. 1. 1. Customs The Commission initiated proceedings against France for its obligations under the Community failing to fulfil customs code. The Commission considers that, by allowing only ship brokers the right to act as represenÜ tatives in performing customs operations and formalities, to and restricting approved customs agents and holders of customs clearance authorisations (both for direct and indirect representation), French law does not comply with the Customs Code, which requires free representation for operations not restricted by the Code. to make declarations the right 2. 1. 1. 1. Progress in implementing customs Directives Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Note: this table concerns Directives: 76/308, 77/794, 85/479, 86/489. 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 In 1995 the Commission sent an Article 171 letter to Italy for failing to comply with the Court of Justice’s judgmentØ(˛) against Italy for contravening Community legislation by continuing to restrict representation to Italian customs forwarding agents without making provision for people to make a declaration in their own name or on behalf of others, and by requiring the same responsible qualifications for making customs declarations as from self employed the Article 171 procedure was persons. However, terminated as Italy has now complied with the judgment by allowing both types of representation. from paid employees 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 organisations. The Court of Justice has repeatedly pointed out that Articles 30 and 34 of the Treaty are still an integral (˛) Judgment of 9 February 1994 in Case CÜ119/92. (ˇ) OJ L 302, 19. 10. 1992, p. 1, and OJ L 253, 11. 10. 1993, p. 1. 10. 8. 98 EN Official Journal of the European Communities C 250/15 part of the common market organisations, even though there has no longer been any need to write them into the regulations since 1 January 1970. 2. 2. Removal of technical barriers 2. 2. 1. Free movement of goods The Commission kept a constant watch to make sure that barriers to trade in agricultural products in the Community were swiftly removed. 2. 2. 1. 1. Articles 30 et seq. of the EC Treaty In 1997 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 DenmarkØ(˛). The Commission sent a 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 organisation 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 professional traders are involved rather than Spanish consumers). The Spanish authorities came round to the Commission’s position and the proceedings were dropped. In France, the infringements have been of a rather more unusual nature: acts of violence have repeatedly been committed by individuals in protest against fruit and vegetables from other Member States and the French authorities have failed to deal adequately with the problem. The Commission welcomed the Court of Justice’s judgment on Case CÜ265/95 in which it ruled that "by failing to take all necessary and proportionate measures in order to prevent the free movement of fruit and vegetables from being obstructed by actions by private individuals, the French Republic has failed to fulfil its obligations under the common organisation of the markets in agricultural products and Article 30 of the EC Treaty, in conjunction with Article 5 of that Treaty. ’ (˛) Case CÜ102/96. See Thirteenth annual report on monitoring law (1995), OJ C 303, the application of Community 14. 10. 1996. The single market cannot function properly unless the principle of the free movement of goods is respected; therefore the Commission pays particular attention to ensuring that Articles 30 to 36 of the Treaty are correctly implemented. There are still a considerable number of cases concerning national measures capable of restricting trade. In 1997 the Commission received 143 new complaints. On 31 December 1997 there were 444 infringement cases pending. Once again in 1997, a large number of cases involving obstacles to trade were cleared up at "package meetings’ held in the Member States (see below for examples). The meetings have been used for several years now to reach amicable solutions in Article 30 cases; they have proved a valuable means of promoting dialogue and administrative cooperation between the Commission and national civil services. In the interests of efficiency, a network was set up at the beginning of 1997 linking the chairmen of the meetings for the various countries. This followed a meeting of the chairmen in Brussels which brought to light the benefits, both for the Member States and the Commission, of sharing the experience they had in settling disputes through cooperation. The network should also facilitate the flow of information and enable solutions used for one Member State to be applied to others. In 1997 package meetings were held with Austria, Denmark, Finland, Germany, Greece, Ireland, Italy, the Netherlands, Spain, Sweden and the United Kingdom. Some examples of infringement cases settled through the meetings are given below. They are drawn from a number of different industries. the their industry legislation regulating sales of decoders regulations The Spanish authorities amended governing after telecommunications infringement proceedings were started against a piece of for Spanish digital satellite television broadcasts. The legislation has now opened the market up to decoders using the various available technologies. The Commission in another case involving telecommunications, as a result of which the Greek and Italian authorities adopted reguÜ lations providing test certificates for radio communication equipment issued by registered bodies in other Member States. recognition of for mutual intervened C 250/16 EN Official Journal of the European Communities 10. 8. 98 In the food and drink industry, the British authorities changed the rules governing the sale of beer by public houses owned by breweries. Under the new regulations, tenants are free to sell beers other than those brewed by the pub’s owners. This exception, previously restricted to cask conditioned beers, now also applies to traditional bottled beers. This ensures from other Member States can now be sold in pubs in the United Kingdom. that beers the Spanish and Danish markets a disproportionate degree of protection. The regulations are no longer excessively restrictive since the authorities in Spain and Denmark have the number of accepted hallmarks and allowed recognition of hallmarks affixed by registered bodies in other Member States. increased In the pharmaceuticals industry, the Italian authorities, applying the principle that parallel imports should be allowed as requested by the Commission, issued a reguÜ lation introducing a simplified procedure for authorising parallel imports of pharmaceutical products. There have also been some successes in the car industry, large proportion of the which still accounts for a complaints to the Commission. For example, the Finnish authorities have amended their regulation on the entry into service of second hand motor vehicles, which laid down requirements concerning brakes previously and pollutant and sound emissions. These requirements were both discriminatory, since they applied only to imported vehicles, and disproportionate, given that they went beyond the standards required to guarantee safety and environmental protection. The new rules are no longer discriminatory and enable concerns about safety and environmental protection to be met without obstructing the free movement of goods. Public procurement rules can infringe Article 30 of the Treaty if they effectively deny non domestic tenderers access to public contracts. For instance, an Italian reguÜ lation on grants for the purchase of buses, trams and trolley buses specified that local authorities would obtain grants only for vehicles which complied with Italian technical specifications. This was discriminatory visÜ{ vis imported vehicles since it had the effect of making it more difficult or more expensive to purchase vehicles manufactured in accordance with other Member States’ specifications or already on sale in another Member State. When the Commission approached the Italian authorities about this matter, they issued a decree which removed the discriminatory aspects of the regulation. Lastly, the Commission closed infringement proceedings against Spain and Denmark when they amended their regulations concerning items made from precious metals. The provisions as they stood restricted the range of accepted hallmarks recognition of hallmarks affixed in other Member States, thus giving excluded and the internal frontiers within Four years after the Community came down, infringements impeding the free movement of goods persist in quite large numbers. The Commission drew the attention of Parliament and the Member States to the problem in a Communication to the Council and Parliament in September 1996. In response, the European Council, meeting in Amsterdam on 16 and 17 June 1997, asked the Commission to look at ways of ensuring free movement more effectively and to put forward proposals, containing penalties where appropriate, to its December meeting in Luxembourg. Accordingly, on 18 November 1997, the Commission adopted a proposal for a Council Regulation creating a mechanism whereby the Commission can intervene in order to remove certain obstacles to trade (COM(97) 619, 18 November 1997). swiftly and instrument entered to be dealt with One new into force at the very beginning of the year, on 1 January. It is intended to enable cases in a non confrontational manner, through an approach based on openness and mutual trust. The notification procedure set up by Decision 3052/95 brings exceptions to the principle of free movement of goods into the open by the the Member States Commission of measures which restrict the movement of goods which have been produced and put on sale lawfully in one or more of the Member States. 35 such measures were reported in 1997. to notify requiring The Commission decided to refer one case involving obstacles to the free movement of goods to the Court of Justice. It concerns the Italian regulations on precious metals, which contain a number of provisions which contravene Community rules on the free movement of goods. Firstly, they forbid the sale of items bearing all but a limited range of hallmarks in Italy. Furthermore, they require foreign producers to appoint a represenÜ tative in Italy and affix an additional hallmark as they do not allow recognition of those already on the item. After the Commission had contacted the Italian authorities numerous times and had sent a reasoned opinion to no avail, it decided to refer the matter to the Court of Justice in accordance with the procedure laid down by Article 169 of the Treaty. In its judgment of 13 March 1997 in Case CÜ358/95 Morellato, the Court reiterated that there was no justifiÜ 10. 8. 98 EN Official Journal of the European Communities C 250/17 cation on grounds of public health for implementing a national law on the composition of a product, in this case an Italian law prohibiting the sale of bread because of its moisture, ash and bran content; it had equivalent effect to a quantitative restriction within the meaning of Article 30 of the Treaty. at issue in the main proceedings, i. e. criminal prosecution of French nationals over French goods on sale in France, were not covered by Articles 30 and 36 of the Treaty. The Court held that, in this case, the national measure in favour of discriminated against domestic products and therefore created and maintained differential treatment which at least potentially hindered intraÜCommunity trade. imported products In its judgment of 20 March 1997 in Case CÜ352/95 Phytheron International, the Court ruled on the correct interpretation of Article 7 of Council Directive 89/104/EEC of 21 December 1988 on trade marks, clarÜ ifying the rules on parallel imports. First, it pointed out that the Directive comprehensively regulates the question of the exhaustion of trade mark rights for products traded in the Community, so that national rules on the point must be assessed in relation to it and not Articles 30 and 36 of the Treaty. However, it stressed that Article 7 of the Directive is framed in terms corresponding to those used by the Court in judgments which, in interÜ preting Articles 30 and 36 of the Treaty, recognised the principle of exhaustion, and that the Article could not be interpreted as allowing the owner of a trade mark protected under national legislation from using the same legislation to prevent a product in circulation in another Member State from being imported by the owner of the mark or with his consent. requiring that a product In its judgment of 20 March 1997 in Case CÜ13/96 Bic Benelux, the Court clarified the expression "technical specification’ used in Article 1(1) of Council Directive 83/189/EEC of 28 March 1989. The case concerned a measure should bear a distinctive sign indicating the amount of environmental tax payable on the product. The Court concluded that this indeed constituted a technical specification within the meaning of the Directive (and not an accompanying tax measure), and, as such, should have been reported to the Commission, which would have assessed its compatiÜ bility with the Treaty, and in particular Article 30. "mountain’ In its judgment of 7 May in Joined Cases CÜ321/94, CÜ322/94 and CÜ324/94 Pistre on use on labels of the word the Court reiterated that national laws were not to be used to hinder intraÜCommunity trade. Such descriptions should not be confused with designations of origin, which were protected by industrial and commercial property rights. to describe products, In the same case, the Court also rejected the argument advanced by the French Government that the measures its in order to test judgment of 5 June 1997 In in Case CÜ105/94 Celestini, the Court held that Articles 30 and 36 of the Treaty did not preclude a Member State from subjecting wine produced in another Member State to an approÜ priate control its conformity with Community rules, even where that wine is accompanied by bona fide certificates of analysis issued by research institutes duly authorised in the Member State of origin, in a provided non discriminatory manner, the principle of proportionality and that account is taken of the controls already carried out in the Member State of origin. controls are applied they observe those that that In Case CÜ368/95 Vereinigte Familiapress the Court’s judgment, given on 26 June 1997, defined the scope of the term "selling arrangement’, as used in its judgment of 24 November 1993 in Cases CÜ267/91 and CÜ268/91 Keck. Case CÜ368/95 centred on an Austrian law prohibiting the sale of periodicals containing games or competitions with prizes even if the same periodicals were lawfully produced and sold in another Member State. The Austrian Government argued that Article 30 of the Treaty did not apply to the ban as it was directed against a method of promoting sales, i. e. a selling arrangement within the meaning of Keck. The Court rejected this argument on the grounds that even though the legislation was "directed against a method of sales promotion’, the products, in so far as the competitions formed an integral part of the magazine. In any case, it impaired access for the product to the market of the Member State of importation and consequently hindered free movement of goods. In response to the arguments advanced by the Austrian Government to justify the measure at issue, the Court accepted that maintenance of press diversity may constitute an overriding requirement which would warrant a restriction of the free movement of goods. But any such measure must be proportionate and must be examined to ensure that the objective cannot be achieved by another means which would not restrict freedom of expression to the same degree. the actual content of intraÜCommunity it bore on trade and C 250/18 EN Official Journal of the European Communities 10. 8. 98 2. 2. 1. 2. Preventive rules provided for by Directive 83/189/EECØ(˛) The notification procedure introduced by 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 report drafts of new technical regulations for vetting before they are finally adopted. The procedure does not cover technical reguÜ lations issued to comply with Community provisions. In 1997 the Commission received 900Ø(ˇ) drafts of technical regulations which were scrutinised by the relevant departments. This compares with 439Ø(—) for 1995 and 523Ø(Ñ) for 1996. The figures show that, despite the completion of the single market at the end of 1992, the Member States continue to adopt a great many technical regulations. The high number of drafts received in 1997 is partly accounted for by an attempt on the part of the Dutch authorities to clear a backlog which had accumulated; the Commission of 230 instruments which had been adopted but not reported. to make Consequently, correction to a large number of instruments containing provisions which contravened Community law. the Commission was able they notified Of the 900 drafts received in 1997, 102Ø(Ò) required a detailed opinion from the Commission recommending changes to the measure to eliminate barriers to trade. For their part, the Member States issued 113 opinionsØ(Ó). (˛) Council Directive 83/189/EEC (OJ L 109, 26. 4. 1983) laying down a procedure for the provision of information in the field of technical standards and regulation, as amended by Council Directive 88/182/EEC (OJ L 81, 26. 3. 1988) and Directive 94/10/EC of the European Parliament and the Council (OJ L 100, 19. 4. 1994). (ˇ) Figure at 31 December 1997. (—) Figures for regulations reported in 1995 were published in OJ C 309, 18. 10. 1995. (Ñ) Figures for regulations reported in 1996 were published in OJ C 311, 11. 10. 1996. it In one caseØ(Ô) the Commission had to ask the Member State for a one year postponement of the reported measures as intends to propose a harmonisation measure, and in another two casesØ(Õ) the measures will have to be postponed for a year because of an overlap with a draft directive or regulation already before the Council. the Commission has been monitoring Since 1989 compliance with requirement by the notification routinely scrutinising the official gazettes of all the Member States. When it discovers a breach of Directive infringement proceedings 83/189/EEC, under Article 169 of the EC Treaty. By the end of 1997, about 70 procedures of this type were under investiÜ gation. it commences 2. 2. 2. Progress in implementing Directives on the free movement of goods 2. 2. 2. 1. F o o d s t u f f s In general, the Member States did tend to adopt national measures implementing the Directives on foodstuffs, but not always strictly within the time limits laid down by the Directives. In 1997, the Commission decided to send Article 169 letters in 62 cases involving failure to report national implementing measures. It issued 19 reasoned opinions and closed 71 cases. For example, a number of Member States were late in implementing Directive 93/43/EEC on food hygiene. The Directive, adopted unanimously in 1993, should have been implemented by December 1995, but seven Member States had still not done so on 1 January 1997. implementing Three Member States measures after issued a reasoned opinion. the Commission finally adopted In response to the failure to implement Directives and Regulations on foodstuffs properly, the Commission decided to refer one case to the Court of Justice, issue a (Ò) Provisional figure indicating reasoned opinions received on 15 February 1998. The final figure may be higher given that the deadline for examination of certain draft regulations is 31 March 1998. the number of (Ô) Provisional figure indicating reasoned opinions received on 15 February 1998. The final figure may be higher given that the deadline for examination of certain draft regulations is 31 March 1998. the number of (Ó) Provisional figure indicating reasoned opinions received on 15 February 1998. The final figure may be higher given that the deadline for examination of certain draft regulations is 31 March 1998. the number of (Õ) Provisional figure indicating reasoned opinions received on 15 February 1998. The final figure may be higher given that the deadline for examination of certain draft regulations is 31 March 1998. the number of 10. 8. 98 EN Official Journal of the European Communities C 250/19 reasoned opinion in another case, and sent an Article 169 letter in a third. Member States notified the - belated - transposal of the above Directives. Infringement proceedings are under way in all remaining cases of non transposal and progress is being closely followed by the Commission. A further ten or so complaints were lodged. Quite a few of these cases were settled following correspondence between the Commission’s departments and the national authorities. 2. 2. 2. 2. Progress foodstuffs in implementing Directives applicable to Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 72 82 71 77 76 75 74 75 81 82 75 71 83 83 79 % 86 98 84 92 90 89 88 89 96 98 89 84 99 99 94 Note: this table concerns the following Directives: 73/241, 73/437, 74/409, 75/726, 76/118, 76/621, 77/436, 78/142, 78/663, 79/112, 79/168, 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, 89/394, 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, 93/77, 93/99, 93/102, 94/35, 94/36, 94/52, 94/54, 95/2, 95/3, 95/31, 95/45, 96/3, 96/4, 96/5, 96/8, 96/11, 96/21, 96/70, 96/77, 96/83, 96/84, 96/85. 2. 2. 2. 3. Pharmaceutical products after Article took place only During 1997 a considerable number of transposal measures were notified to the Commission. In some cases notifications 169 proceedings had been opened by the Commission against the respective Member States. To date, nine out of fifteen Member States have transposed all directives applicable in the pharmaceutical sector. The situation regarding the transposal of the homeopathy Directives (92/73/EEC and 92/74/EEC) and the Directives estabÜ lishing recognition (93/39/EEC and 93/40/EEC) has significantly improved and several infringement proceedings were closed after system’ of mutual "new the to the term 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 (sometimes resulting in barriers to the free movement of goods) and complaints concerning the alleged failure by competent national authorities to observe binding time limits or transposal and other procedural requirements. The application of Article 4(8)(a) (i)Ü(iii) of Directive 65/65/EEC by Member States is also the subject of several recent complaints. "medicinal product’ The Commission is carefully considering these problems and complaints, but for the time being no specific legisÜ lative activities are planned. It has to be stressed, however, that a draft consolidation of the pharmaÜ is ceutical already very advanced and that this consolidation will increase the clarity of the legislation and ultimately the effectiveness of its implementation. (both human and veterinary) legislation 2. 2. 2. 4. Progress in implementing Directives applicable to pharÜ maceutical products Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 30 32 30 31 32 27 32 32 32 32 31 32 32 32 30 % 94 100 94 97 100 84 100 100 100 100 97 100 100 100 94 Note: this table concerns the following Directives: 65/65, 66/654, 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. C h e m i c a l s Infringement proceedings are under way for failure to notify implementing measures in the following cases: C 250/20 EN Official Journal of the European Communities 10. 8. 98 substances Dangerous (Directive 93/18/EC) - a reasoned opinion has been sent to Italy, while Portugal should complete transposal in the next few months; and preparations Restrictions on the marketing and use of dangerous substances and preparations (Directive 94/60/EC) - national legislation is in the pipeline in Belgium, Ireland, Italy and Portugal. although Fertilisers - Belgium, France and Greece have been sent reasoned opinions for failure to transpose Directive are 93/69/EC, expected in France. Luxembourg has still to transpose Directive 95/8/EC, while measures implement Directive 96/28/EC are expected in Belgium, Germany, Greece, France, Luxembourg, the Netherlands, Austria and Sweden. implementing measures to The Commission has received no new requests under Article 100a(4) EC in respect of rules stricter than those laid down in the chemicals Directives. Four Article 100a(4) requests are still being considered by the relevant to relating Commission departments, all of creosote, which is regulated by Directive 94/60/EC. them Note: this table concerns the following 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, 88/379, 89/178, 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, 93/112, 96/28. 2. 2. 2. 7. Motor vehicles, tractors and motorÜ c y c l e s type approval On 1 January 1996 procedure became mandatory for vehicles of category M1. The separate directives became binding as a result. the Community In 1997 the transposal of directives, so vital against a background of total harmonisation, was again going smoothly thanks to the experience acquired by the competent national authorities. Given the detailed, technical nature of the motor vehicles 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 transposal 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. 2. 2. 2. 6. Progress chemicals Member State Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom in implementing Directives applicable to 2. 2. 2. 8. Progress in implementing Directives applicable to motor vehicles, tractors and motorcycles Directives applicable on 31. 12. 1997 Directives for which measures have been notified 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 43 43 42 44 44 45 43 43 44 43 43 43 42 45 43 % 91 91 91 94 94 98 91 91 94 91 91 91 91 98 91 Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 201 201 201 201 201 201 201 201 201 201 201 201 201 201 201 190 190 195 188 191 192 190 189 185 188 190 191 190 192 189 % 94,5 94,5 97 94 95 95,5 94,5 94 94 94 94,5 95 94,5 95,5 94 10. 8. 98 EN Official Journal of the European Communities C 250/21 Note: this table concerns the following 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, 74/60, 74/61, 74/132, 74/150, 74/151, 74/152, 74/290, 74/297, 74/346, 74/347, 74/408, 74/483, 75/321, 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, 84/8, 84/372, 84/424, 85/205, 85/647, 86/297, 86/298, 86/415, 86/562, 87/56, 87/358, 87/402, 87/403, 87/405, 88/76, 88/77, 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, 92/21, 92/22, 92/23, 92/24, 92/53, 92/62, 92/97, 92/114, 93/59, 92/61, 93/14, 93/81, 93/91, 93/116, 93/29, 93/30, 93/31, 93/32, 93/33, 93/34,93/92, 93/93, 93/94 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, 95/28, 96/27, 96/79, 97/19, 97/20, 97/21, 97/27, 97/28, 97/29, 97/30, 97/31, 97/32, 97/39. 2. 2. 2. 9. Construction products The Commission commenced an action in the Court of Justice against Belgium for failure to notify national measures implementing Directive 89/106/EEC. There are also particular problems in Austria, which has not transposed the Directive correctly. 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 acquis communautaire by a new Member State, cumbersome legislative process, etc. ) There have been some problems with the interpretation of texts, for example as regards products placed on the market at the end of the transitional period provided for in the Directives. In such cases the Commission has (initiation of Article 169 taken proceedings) and informal action (meetings of expert committees, interpretative notes, etc. ), which has helped prevent and resolve a number of differences. formal measures for certain sectors, The departments responsible in particular machinery, gas appliances and simple pressure appliances, have also examined a number of safeguard clauses notified by the Member States in connection with market surveillance. Following these notifications the Commission gave an opinion on whether these restrictive national measures were justified. The Commission closed three of the four proceedings for failure to notify national measures implementing Directive 94/11/EC on the labelling of material used in footwear (the cases against Belgium, France and Ireland), but decided to send a reasoned opinion to Luxembourg. (personal products), (construction Directive 93/68/EEC amends Directives 87/404/EEC (simple pressure vessels), 88/378/EEC (safety of toys), 89/106/EEC 89/336/EEC (electromagnetic compatibility), 89/392/EEC (machinery), equipment), 89/686/EEC 90/384/EEC instruments), implantable medical devices), 90/385/EEC 90/396/EEC fuels), 91/263/EEC (telecommunication terminal equipment), 92/42/EEC (new hot water boilers fired with liquid or gaseous fuels) and 73/23/EEC (electrical equipment designed for use within certain voltage limits). protective (non automatic weighing (active (appliances burning gaseous The United Kingdom, Spain, Portugal, Greece, Denmark and Sweden have transposed all the Directives. There are 100 directives in this field which had reached their transposal deadline by 31 December 1997. France, Germany and Finland have transposed all the Directives except 92/42/EEC. transposal rate is satisfactory, considering The the complexity of the directives in this field (which mostly follow the "new approach’). In any case, even where transposal is delayed or incomplete, the free movement of products does not appear to be at risk. Delays in transposal are generally due to domestic reasons in the Member States (opinion of constitutional court pending, more than one Minister responsible, adoption of the The Netherlands has transposed all the Directives except 91/263/EEC. Belgium has transposed all 89/106/EEC and 90/385/EEC. the Directives except C 250/22 EN Official Journal of the European Communities 10. 8. 98 Luxembourg has transposed all the Directives except 91/263/EEC and 92/42/EEC. transposal problems persist, particularly as regards Directive 93/35/EEC amending Directive 76/768/EEC for the sixth time. has Italy 89/106/EEC, 73/23/EEC. transposed all 90/396/EEC, the Directives 92/42/EEC except and transposed all except Ireland has 89/106/EEC, 89/336/EEC, 90/385/EEC, 91/263/EEC and 92/42/EEC. the Directives transposed all Austria has except 88/378/EEC, 89/106/EEC, 89/392/EEC, 89/686/EEC, 90/385/EEC, 90/396/EEC and 92/42/EEC. the Directives 2. 2. 2. 11. Progress in implementing Directives applicable engineering, electronics, mechanical protection equipment, medical devices and pleasure craft gas equipment, pre packaging, measuring equipment, to personal pressure equipment, Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 93 101 97 100 96 98 92 95 94 97 99 98 99 99 91 % 92 99 95 98 94 96 90 93 92 95 97 96 97 97 89 Note: this table concerns the following Directives: 69/493, 71/316, 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, 86/321, 86/663, 87/354, 87/355, 87/356, 87/404, 88/320, 88/316, 88/378, 88/571, 88/665, 89/240, 89/336, 89/392, 89/617, 89/676, 89/686, 90/18, 90/384, 93/385, 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, 95/16, 96/58. 2. 2. 2. 12. C o s m e t i c s The Commission received a number of national measures cosmetics. However, implementing directives on for The Member States had been given an extra period of grace pending publication by the Commission of the inventory provided in Article 5a of Directive 76/768/EEC. Although the inventory was published on 1 the June 1996 infringement proceedings transpose Directive 93/35/EEC have been reopened. DG III, which has been responsible for cosmetics since July 1997, will shortly be sending reasoned opinions to the Member States which have yet to transpose the Directive. (Decision 96/335/EEC), none of failure for to 2. 2. 2. 13. Progress cosmetics in implementing Directives applicable to Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 26 33 31 31 31 29 32 31 33 33 31 27 31 33 33 % 79 100 94 94 94 88 97 94 100 100 94 82 94 100 100 Note: this table concerns the following Directives: 76/768, 80/1335, 82/47, 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, 96/41, 95/32. 2. 2. 2. 14. T e x t i l e s Two new Directives entered into force in 1997: Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for the quantitative analysis of binary textile fibre mixtures (consolidating and repealing Directives 72/276, 79/76, 81/75 and 87/184) and Directive 96/74/EC of the 10. 8. 98 EN Official Journal of the European Communities C 250/23 European Parliament and of the Council of 16 December 1996 on textile names (consolidating and repealing Directives 71/307, 75/36, 83/623 and 87/140). 2. 2. 2. 15. Progress in implementing Directives applicable to textiles Member State Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Directives applicable on 31. 12. 1997 Directives for which measures have been notified 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 % 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Note: this table concerns the following Directives: 73/44, 96/73, 96/74. 2. 2. 2. 16. Liability for defective products the UK’s transposal of The Court of Justice dismissed the action brought by the Commission against the United Kingdom under Article 169 of the Treaty (Case CÜ300/95)Ø(˛). The Commission had contested the clause exempting producers from liability as provided for in Article 7(e) of Directive 85/374/EEC concerning liability for defective products (development risk). The Court found there was insufficient evidence to establish that the UK had failed to fulfil its obligations. However, its interpretation of the concept of the state of technical and the scientific knowledge does coincide with Commission’s view. 2. 2. 3. Free movement of persons, right of establishment and voting rights 2. 2. 3. 1. Ending discrimination On the question of civil procedure and access to justice, the Commission has been keeping a watchful eye to ensure that national authorities respect the case law the requirement established by the Court in Data DelectaØ(ˇ), HayesØ(—) and SaldanhaØ(Ñ) prohibiting that Community plaintiffs who bring an action before the courts of a Member State other than their State of their origin must lodge a sum as security for legal costs (the cautio judicatum solvi). All national rules, irrespective of they the compatible with cover, must be Community law. This means that, where necessary, Community law takes precedence over national rules in the field of private lawØ(Ò). field 2. 2. 3. 2. Entry and residence Germany has now transposed the Directives on the right of residence of students (93/96/EC), retired persons (90/365/EEC) and other persons not in active employment (90/364/EEC) - the last Member State to do so. On 20 March 1997 the Court of Justice gave judgment against Germany in Case CÜ96/95. It held that Germany had failed to fulfil its Treaty obligations by not adopting regulations and administrative provisions necessary for incorporating Directives 90/364 and 90/365 this conclusion, the Court found that the manner in which information was conveyed to the competent authorities of the L…nder (by means of a circular) did not meet the requirements of publicity, clarity and certainty as to the legal situations governed by the directives. into national reaching laws, law. the In On 17 July 1997 Germany implemented the judgment by adopting a decree transposing Directives 90/364, 90/365 and 93/96. The infringement proceedings under way for incorrect transposal of the three Directives are continuing. The Commission decided to refer cases to the Court of Justice concerning the implementation of provisions on the declaration of financial means by students (France, Italy and Spain), the financial means of retired persons and persons not in active employment (France and Italy), sickness insurance for students, retired persons and persons not in active employment (France and Italy) and the period of validity of residence permits for retired persons not in active employment (Spain and Portugal). (ˇ) Case CÜ43/95 [1996ü ECR IÜ4661, judgment given on 26 September 1996. (—) Case CÜ323/95 [1997ü ECR IÜ1711, judgment given on 20 March 1997. (Ñ) Case CÜ122/96, judgment given on 2 October 1997 (not yet reported). (Ò) See also the Court’s judgment in Perfili [1996ü ECR IÜ161, (˛) Judgment given on 29 May 1977 [1997ü ECR IÜ2649. given on 1 February 1996. C 250/24 EN Official Journal of the European Communities 10. 8. 98 Other proceedings for incorrect transposal of the three Directives are at an earlier stage. A number of proceedings for incorrect transposal were legislation concerned was closed after amended the Netherlands). Ireland, Luxembourg and the national (Denmark, States. Infringement As guardian of the Treaties, the Commission pursued a number of proceedings in 1997 to ensure that Directive 94/80/EC is incorporated into national law by all the Member against Greece, Finland, Sweden and Spain were terminated after the countries in question adopted implementing measures. On 26 June the Commission decided to bring an action in the Court of Justice against Belgium for failure to notify national implementing measures (Case CÜ323/97). proceedings The Commission finally decided to bring an action in the Court of Justice against Greece because of the Greek authorities’ practice of demanding a higher fee for the issue of residence permits to members of EU citizens’ families who are nationals of non member countries than to EU citizens themselves. The Commission believes that this difference of treatment is contrary to the Directives on right of residence. On 7 January 1998, the Commission adopted a report on the application of Directive 93/109/EEC on the right of Union citizens residing in a Member State of which they are not nationals to vote and stand in elections to the European Parliament (COM(97) 371). The report does not propose any amendments to the Directive, but sets out possible improvements in the way it is applied. 2. 2. 3. 3. Progress in implementing Directives applicable to right 2. 2. 3. 5. Recognition of qualifications of residence Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified 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 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 % 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Note: this table concerns the following Directives: 64/221, 73/148, 90/364, 90/365, 93/96. 2. 2. 3. 4. Right to vote and stand in elections 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 (Hamburg and Hessen), Austria (Burgenland, Carinthia and Upper Austria), Italy, Denmark, Portugal and the United Kingdom. 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: the Following the adoption of new Commission closed the infringement proceeding against Belgium for failing to comply with the judgment given on 16 May 1991 (Case CÜ167/90) concerning the incorrect transposal of Directives 85/432/EEC and 85/433/EEC (pharmacists). legislation, In Case CÜ147/86, 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. On 30 January 1992 Greece was condemned a second time (Case CÜ328/90), and the Greek authorities subsequently amended their legislation, which made it possible to terminate the proceeding. The Article 171 proceedings against Italy and France concerning the freedom of tourist guides to provide services judgment given on 26 February 1991) are pending. Italy has notified the Commission of the adoption of new legislation and France has sent notification of a draft decree. (implementation of Two other cases stand out: 10. 8. 98 EN Official Journal of the European Communities C 250/25 services Following the judgment given against Spain on 22 March 1994 concerning the freedom of tourist guides to provide the Autonomous Communities adopted new decrees on the exercise of that profession. Following remarks made by the Commission, Spain has notified new legislation which is being scrutinised. (Case CÜ375/92), some of Greece notified measures to bring its legislation into line with the judgment given by the Court on 26 February 1991 on the freedom of tourist guides to provide the services. After scrutinising Commission has decided to close the case. these new measures, National implementing measures The case concerning Greece’s failure to notify measures transposing Directive 89/48/EEC (first general system), on which the Court of Justice gave judgment on 23 March 1995 (Cases CÜ365/93), has now been referred to the Court once more. Proceedings against Belgium were terminated after the Belgian authorities notified national implementing measures. Infringement proceedings have also been commenced against Greece regarding Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training, which supplements Directive 89/48/EEC. With regard to Directive 94/38/EC amending Directive 92/51/EEC with respect to the level of certain qualifiÜ cations, proceedings are also under way against several Member States. Incorrect transposal and incorrect application of directives In 1997 the Commission received around fifty complaints concerning restrictions in breach of Articles 52 and 59 of the EC Treaty and directives on the mutual recognition of professional qualifications. Some of these complaints gave rise to infringement proceedings, while others were shelved as unfounded. The Commission pursued a number of proceedings already in motion against Member States for incorrect incorrect application of directives, for transposal or example the case concerning the transposal of Directive 89/48/EEC (first general system) with regard to the teaching profession in Germany. In another case, proceedings are still under way against Germany concerning access to the dental profession (requirements not allowed by the dentists Directives for admission to the social security register of dentists who hold nonÜGerman qualifications which conform to the Directives). The Commission decided to refer to the Court of Justice a case against Spain for admitting dentists with qualifiÜ cations obtained in Latin America at a level far below the Directive’s requirements. It has also pursued 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. 2. 2. 3. 6. Progress in implementing Directives applicable to recogÜ nition of qualifications Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 59 63 63 63 63 63 63 62 63 62 63 63 % 100 100 100 93,6 100 100 100 100 100 100 98,5 100 98,5 100 100 Note: this table concerns the following 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, 75/362Ø(*), 75/363Ø(*), 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, 86/17, 86/457Ø(*), 89/48, 89/594, 89/595, 90/658Ø(*), 92/51, 94/38, 95/43. (*) These Directives were consolidated by Directive 93/16 (free movement of doctors and mutual recognition of diplomas, certificates and other evidence of formal qualifications). C 250/26 EN Official Journal of the European Communities 10. 8. 98 2. 2. 3. 7. Independent commercial agents After sending Ireland a reasoned opinion for incorrect independent transposal of Directive 86/653/EEC on commercial agents, the Commission terminated Article 169 proceedings after the Irish authorities adopted additional implementing measures. It also shelved the proceedings under way against Portugal after the authÜ orities there gave a satisfactory reply to its letter of notice under Article 169. Finally, the Commission has decided to send a reasoned opinion to the Italian authorities for incorrect transposal of the Directive. 2. 2. 4. Freedom to provide services 2. 2. 4. 1. Articles 59 et seq. Articles 59 et seq. of the Treaty establish the principle of the free movement of services, i. e. cross border trade in services of a temporary nature. This principle became directly and unconditionally applicable on expiry of the transition period, the Commission has ensured that it is correctly applied in the light of the Court of Justice case law. since when The Court has condemned the existence not simply of discrimination but also of restrictions, even if they are the result of the imprecise application of a national rule. terms of In services which are not regulated at Community level, the Commission ensures that where discrimination or restrictions that are not justified by vital reasons of national interest are encountered, the situation is corrected. The Commission thus sent a reasoned opinion to the Italian authorities on the subject of Act No 82 of 25 January 1994, which obliges cleaning services to be included in two official registers. This is an unjustifiable obstacle to freedom to provide services. Likewise, the refusal by the Belgian authorities to grant flight authorisations to economic operators who wish to they have no aeroplane if take aerial photographs registered unjustified an in Belgium, restriction, as a result of which the Commission has sent a reasoned opinion to the Belgian authorities. constitutes As far as private security services are concerned (private detectives, transport of securities, installation and mainÜ tenance of alarm systems), the Commission has brought infringement proceedings against three Member States. In March 1997, it referred to the Court of Justice the discriminatory in Spanish law, which it considers to be incompatible with Article 59, and sent a reasoned opinion in October 1997. The Commission also sent a reasoned opinion on the same subject to Portugal and Belgium in June 1997. restrictions based on nationality The discrimination may be based on the place of business, as is the case for the application of a bilateral subcontracting agreement between a Member State and a the German authorities non member country. Thus, allow only businesses that are established in Germany to subcontract with Polish companies and effect the subcontracting by seconding Polish workers to German territory. Businesses established in another Member State are not allowed to do this. The Commission considers the situation to be incompatible with Article 59 and gave a reasoned opinion in October 1997. 2. 2. 4. 2. A u d i o v i s u a l / M e d i a field, stage, communications following which infringement proceedings the Commission In the commenced for breach of Articles 52 and 59 of the Treaty, following complaints it. The proceedings reached the reasoned made to the Member State opinion concerned legislation with aligned Community law (certain provisions on the pursuit of television broadcasting activities). According to these provisions, the foreign share of a broadcaster’s capital could not represent more than 15Ø% of the company’s capital; furthermore, the applicant for a broadcasting licence had to be established in Portugal. (Portugal) its As far as the audiovisual field is concerned, it should be emphasised that all the Member States have notified national measures to implement Directive 89/552/EEC (television without frontiers). Two infringement proceedings concerning Belgium and the United Kingdom, in which the Court of Justice gave judgment on 10 September 1996, are on the way to being settled. 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 authorisation for television broadcasts emanating from another Member State was in breach of the principle of freedom of reception and retransmission 10. 8. 98 EN Official Journal of the European Communities C 250/27 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. Infringement proceedings are also under way against Finland, France, Greece and Italy. On 30 July 1997, the new Television without Frontiers into force (Parliament and Council Directive came Directive 97/36/EC of 30 June 1997, OJ L 202, 30. 7. 1997, p. 60). the 1989 directive regulating This directive amends television broadcasting activities, updating it and clarÜ ifying its provisions. The main amendments clarify certain definitions such as the concepts of "television advertising’, "teleshopping’, "European works’, and the broadcasting of "events of major importance for society’, introduce rules on teleshopping and channels exclusively devoted to self promotion, strengthen the protection of minors, in particular by making it compulsory to include identifying unencoded programmes which a warning could be harmful to minors and asking the Commission to carry out a survey of the efficiency of v chip type filtering systems; and they set up a forum for consulÜ tation between the Member States and the Commission on the application and development of legislation in this field, on which subject the Commission will write a periodic technological develÜ opments. surveying new report The Commission, through its contact committee, will ensure that this Directive is correctly transposed by the deadline, i. e. 30 December 1998. 2. 2. 4. 3. T e l e c o m m u n i c a t i o n s telecommuniÜ The directives making up Community cations legislation set the date of 1 January 1998 for the creation of a liberalised and harmonised European teleÜ communications market. Almost all the directives were in place in 1997, and should be transposed into national law by the end of this year at the latest. liberalised The fundamental importance of implementing a legisÜ lative framework is recognised throughout the Union. First of all, a single, telecommunications market is essential to the creation of the information society in Europe, with all that that implies in terms of growth, employment and quality of life. Secondly, the importance of the 1 January 1998 deadline has increased as a result of the Community’s commitment to open its market in accordance with the WTO agreement on basic telecommunications services. to the Council, On 29 May 1997, the Commission adopted a first communication the European Parliament, the Economic and Social Committee and the Committee of the Regions on the state of implemenÜ tationØ(˛). The aim of this document was to review the situation of the directives as a whole, including those that were not yet in force; to state how the Commission envisaged transposal and effective implementation of legislation, stressing the use of recourse to informal measures, combined with full application of the infringement procedure; in particular, closely examining several essential aspects of the legisÜ lation which could be considered to be indicative of the regulatory state of progress framework for the date set for complete liberalisation. task of ensuring transposing the the the in At its meeting on 27 June 1997, the Council scrutinised the communication and asked the Commission to rapidly consult the Member States and report on progress at its next and subsequent meetings. The Commission adopted an update of first communication on 8 October 1997Ø(ˇ). It concluded by saying the considerable progress made in transposing the legislation was encouraging. However, clearer support is needed in a few Member States, while in some other Member States work remains to be done on certain specific aspects. this The Commission intends to present an updated report at the beginning of 1998 on the basis of its bilateral contacts with the Member States. At this stage it is planned that the report should contain a more compreÜ hensive table showing the state of transposal of the legisÜ lative framework. The report will also present a series of indicators of the real and effective state of implemenÜ tation of the measures transposed into national law, and will provide an initial indication of how the European telecommunications market is functioning, on the basis of relevant economic indicators. As regards directives and decisions, the situation is as follows. transposal of the state of the various Framework Directive 90/387/EEC prescribing the prinÜ ciples to be applied to the implementation of open network provision (ONP) has been transposed by all the Member States. All the Member States have communicated national implementing Directive 92/44/EEC (leased measures lines), but in Greece and Luxembourg. Luxembourg was sent an Article 171 letter incomplete these are (˛) COM(97) 236. (ˇ) COM(97) 504. C 250/28 EN Official Journal of the European Communities 10. 8. 98 in 1997. The Commission is still examining the state of transposal of the Directive in Belgium and Portugal. The in 1997 against Austria were proceedings opened terminated following notification of the implementing measures. All the Member States except Greece have adopted measures required under Decision 91/396/EEC on the introduction of "112’ as the standard emergency services number throughout the Union. Spain and Portugal did so in 1997 and the infringement proceedings against them were therefore closed. All the Member States except Greece have notified national measures transposing Directive 95/62/EC on the application of open network provision (ONP) to voice telephony, though these are not complete in the case of Belgium and Luxembourg. The infringement that had been opened against France, proceedings Ireland, Italy and the United Kingdom were closed in 1997 following notification of the national measures. framework and Parliament and the Council adopted three directives in 1997 with 31 December 1997 as the deadline for transposal. They were Directives 97/51 (amendment of the lines directives), 97/13 (licences) and 97/33 (interconnection). Some Member States have already notified implementing measures (see Annex 4), but the transposal situation will be examined in the next annual report. leased Directive 91/263/EEC on telecommunications terminal equipment has been transposed by all the Member States. The Netherlands, to which a reasoned opinion was sent in 1997, notified its implementing measures in December 1997. Infringement proceedings against the four Member States that the Court had found against in 1995 (Belgium and Greece) and 1996 (Ireland and Luxembourg) were closed, following the adoption of national implementing measures. to the equipment of ground Directive 93/97/EEC extends the scope of Directive 91/263/EEC satellite tracking (Denmark, stations. Ten Member States Germany, Spain, Finland, France, Italy, the Netherlands, the United Kingdom) have Portugal, Sweden and notified the Commission of national measures transÜ posing the new Directive. In 1997 five reasoned opinions (Belgium, Greece, the Netherlands) and one Article 169 letter (Austria) were sent to the Member States which had not notified their implementing measures. The Netherlands notified its implementing measures in December 1997, as they did for Directive 91/263/EEC. Ireland, Luxembourg and All the Member States have notified national measures implementing the three Directives on frequencies - Directives 87/372/EEC (GSM), 90/544/EEC (Ermes) and is reviewing transposal of Directive 90/544/EEC by the United Kingdom. (DECT). The Commission 91/287/EEC the state of All the Member States have already introduced "00’ as the standard code for access to the international network in in accordance with Decision 92/264/EEC. the Community, States (Denmark, five Member Finally, Spain, Luxembourg, Finland and the United Kingdom) have transposing Directive notified 95/47/EEC on the use of standards for the transmission of television signals. Infringement proceedings against the other Member States were opened in 1997. national measures 2. 2. 4. 4. Progress in implementing Directives applicable to teleÜ communications Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 6 9 8 5 9 10 7 10 6 8 8 8 12 8 12 % 50 75 67 42 75 83 58 83 50 67 67 67 100 67 100 Note: this table concerns the following Directives: 87/372, 90/387, 90/544, 91/263, 91/287, 92/44, 93/97, 95/62, 96/870, 97/51, 97/13, 97/33. 2. 2. 4. 5. Financial services As a means of consolidating administrative cooperation and resolving problems quickly, in 1997 the Commission maintained regular contacts with the national authorities through (Banking Advisory Committee, Insurance Committee, UCITS - UnderÜ takings in Transferable Securities - Contact Committee), ad hoc interpretation insurance groups (the banking Directives group, the institutional committees for Collective Investment 10. 8. 98 EN Official Journal of the European Communities C 250/29 group and the capital adequacy Directive group, etc. ) and high level working parties (HLSSC - HighÜLevel Security Supervisors Committee - for negotiable securities). In the field of insurance, the Commission commenced infringement proceedings for breaches of four new Articles 52 and 59 of the EC Treaty and the Directives under Article 169 of the Treaty. All cases were detected by the Commission itself. One of the proceedings opened the Member State in 1996 was the law. concerned complied with Community In banking two new proceedings in 1997, one on the basis of a complaint, the other detected by the Commission. the Commission opened shelved because sector, reached infringement proceedings have the Many reasoned opinion stage. In the insurance sector, the number of proceedings for non compliance or incorrect application officially opened in 1997 was considerably higher than in 1996. This can be explained by the fact that, in view of the great complexity of the insurance sector, the discussions started with national governments in the context of the proceedings launched in 1996 have not yet borne fruit. In the banking sector, the failure to transpose Directive 95/26/EEC ("postÜBCCI’) resulted in the Commission deciding to send reasoned opinions to eight Member States. In the banking sector, the infringement proceedings opened against Italy because of its discriminatory tax treatment, in terms of mortgage credit, to banks that were not established in Italy (see 13th report) was terminated as Italy complied with the Commission’s reasoned opinion. for As regards securities, the Commission decided to send a reasoned opinion transpose Directive failure 93/22/EEC (investment services in the securities field) to Greece, Spain, Portugal and Luxembourg, and for it incomplete decided to refer Spain, Luxembourg and Germany to the Court. to Germany. Subsequently transposal to As regards Directive 92/49/EEC and 92/96/EEC (third "non life’ and "life’ insurance Directives), the cases before the Court against Greece for failure to notify national implementing measures transposing these two directives were withdrawn, while the Court ruled against Spain regarding Directive 92/49/EEC. However, even though most of the Member States have already notified the measures taken for these two directives, the transposal or application of the directives is not problem free. There are several cases of incomplete or incorrect transposal. The Commission suspended its decision to refer Spain to the Court for failure to notify its national implementing measures for Directive 92/96/EEC, pending judgment in the case on Directive 92/49/EEC. Furthermore, a reasoned opinion was also sent to Spain regarding Directive consolidated accounts of insurance companies), and it was decided to refer the case to the Court. The Court also found against Spain for failure to transpose Directive 91/371/EEC concerning an agreement with Switzerland. 91/674/EEC (annual and the cases of Finally, transpose Directive failure 91/674/EEC by Italy, 90/618 (motor vehicle liability insurance) and 90/619 (second life insurance directive) by Spain, and 93/22/EEC (investment services in the securities field) by Greece and Portugal were terminated. to In the securities sector, it was decided to refer Germany to the Court for infringement of Articles 52 and 59 of the EC Treaty by discriminating against UK investment trusts both with respect to public offers of their shares in Germany and in terms of taxation. In the banking sector, it was decided to refer Austria to the Court of Justice 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). In the banking sector, it was decided to send reasoned opinions for failure to transpose Directive 95/26/EEC ("postÜBCCI’) to Germany, Spain, Italy, Luxembourg, Belgium, Ireland, France and Greece. It was decided to refer Germany to the Court of Justice for its failure to transpose Directive 94/19/EC on deposit guarantees. A suspended referral was made in respect of Directive 93/6/EC on the capital adequacy of investment firms and credit institutions as Germany had transposed the Directive but had not yet officially the Commission. informed In the insurance field, the Commission sent a reasoned opinion to France for failing to implement Directives 92/49/EEC and 92/96/EEC in their entirety, in view of the fact that no measure adapting the mutual insurance code to the third non life and life insurance directives has been notified to date. A reasoned opinion was also sent to Belgium because insurance the Belgian supervision of legislation on C 250/30 EN Official Journal of the European Communities 10. 8. 98 companies excludes accidents at work from Directive 92/49/EEC. The Commission considers that such risks are covered by 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 in 1996. However, the Court has not yet given its preliminary ruling in Case CÜ410/96 (Procureur de la R~publique v Andr~ Ambry), concerning the recognition by a Member State of a in another financial guarantee granted Member State. for incorrect application The Commission has yet to send a reasoned opinion to Germany of Directive 92/49/EEC, as was decided in 1996. In its legislation implementing this Directive, Germany formally abolished the provision prohibiting the simultaneous transaction of health insurance and other classes by nonÜGerman companies hoping to set up a branch or operate as line with the third service providers non life insurance directive, which ruled out this possiÜ bility. 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 simulÜ taneously, irrespective of where it had its headquarters. This was an indirect violation of Directive 92/49/EEC. in Germany, in Furthermore, 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. Finally, the Commission decided to send a reasoned opinion to France because it required insurers to fill out an information sheet before putting new insurance policies on the market, in breach of Directives 92/49/EEC and 92/96/EEC, which prohibit Member States stipulating provisions requiring the prior approval or systematic notification of the general and special conditions of insurance policies. from the into force of As regards requests for preliminary rulings, the Court of Justice reached a decision on 9 July 1997 in Case CÜ222/95 concerning a Member State’s right, before the entry second banking Directive (89/646/EEC), to require a Community credit estabÜ lishment already accredited in its country of origin to obtain further accreditation in order to enjoy freedom to provide services on its territory. The Court held that such contravene Community law unless it was not discriminatory, was justified interest and was objectively necessary and in proportion with the aims pursued. accreditation would reasons of general second for a internal market Furthermore, in a judgment given on 20 March 1997 (Case CÜ57/95) following an action for annulment introduced by France against the Commission, the Court annulled Commission communication 94/C 360/08 on an funds. The Court for pension considered that this communication did not confine itself to clarifying the Treaty the correct application of provisions, but was intended to produce legal effects of its own, distinct from those already envisaged by those provisions. the Commission As regards the case brought against the Commission by the departmental farmers’ union for failure to act (Case TÜ47/96), on the grounds that, contrary to the plaintiffs’ commenced requests, infringement proceedings against France for incorrect transposal of 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, the Court has not yet given its judgment in the case brought before the Court of First Instance. had not to liability transpose Directives 90/618/EEC Greece has now implemented judgments given for its failure (motor insurance - provision of services), vehicle 90/619/EEC insurance directive) and insurance directive) - 88/357/EEC (second non life (Joined Cases CÜ109/94, CÜ209/94 and CÜ225/94; judgment given on 29 June 1995). (second life (Case CÜ112/96), 91/674/CEE and it had Actions against Greece were withdrawn, as (Case CÜ111/96), transposed Directives 92/49/EEC (Case 92/96/EEC CÜ110/96) (Case CÜ109/96). 91/371/EEC Proceedings against Ireland for failure to transpose (Case CÜ394/95) are being Directive 91/371/EEC continued. The Court also found against Spain for incomplete transposal of Directives 92/49/EEC (Case CÜ361/95) and 91/371/EEC (Case CÜ360/95). 10. 8. 98 EN Official Journal of the European Communities C 250/31 accounts of The action against Italy was also withdrawn, as it has transposed Directive 91/674/EEC (annual accounts and consolidated insurance undertakings). Finally, the Commission commenced an action in the Court of Justice against Belgium (Case CÜ97/608) for incomplete transposal of Directive 90/232/EEC (third vehicle insurance Directive). 2. 2. 4. 6. Progress in implementing Directives applicable to financial services Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Autria Portugal Finland Sweden United Kingdom 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 46 48 44 47 42 45 46 46 46 48 48 48 48 48 48 % 95,8 100 91,6 97,9 87,5 93,8 95,8 95,8 95,8 100 100 100 100 100 100 Note: this table concerns the following 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, 84/641, 85/611, 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, 90/211, 90/232, 90/618, 90/619, 91/308, 91/371, 91/633, 91/674, 92/30, 92/49, 92/96, 92/121, 93/6, 93/22, 94/7, 94/19, 95/15, 95/26, 95/67, 96/10, 96/13. 2. 2. 4. 7. Commercial communications national provisions continue to constitute impediments to the free movement of capital and action has been initiated by the Commission for their elimination. The infringement procedure has reached reasoned opinion stage in the case of France, concerning the ban on foreign certificates of deposit denominated in FF (although the connected issue was resolved), Greece, regarding restrictions on real estate acquisition in border areas, while a referral to the ECJ has been decided in the case of Germany, concerning the ban on foreign certificates of deposit denominated in DM and the requirement that lead managers have to be established in the country. lead management 2. 2. 6. Company law Apart from the cases listed below where no measures have been notified, and a few problems with incorrect implementation, seriousness of which will be examined in a study on Directives 78/660/EEC and 83/349/EEC to be completed by the end of 1998, no particular difficulties have arisen regarding the transposal of directives in this field. the (companies The Commission has brought an action against Germany (Case CÜ191/95) for incorrect application of Directive 68/151/EEC register) and 78/660/EEC (annual accounts). About 90Ø% 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 implementing 90/605/EEC measures (amending the Directives on annual the scope of accounts and consolidated accounts). Directive Over the course of the year the Commission has received several complaints about restrictions on cross border commercial communication sponÜ sorship, promotion services. The Commission is examining these cases. services, especially advertising and 2. 2. 5. Free movement of capital The Commission has also sent an Article 169 letter to Italy for incorrect application of Directive 84/253/EEC (qualifications Italian government has not yet put into effect the implementing measures in Italian law transposing this directive. auditors). The required of is in the EU The situation concerning the free movement of capital and payments in general satisfactory. Further progress was made during the year with the elimination of restrictions on the physical transfer of means of payments and investment abroad by residents, by Greece, and on the physical transfer of means of payments by Italy. However, in a number of cases, the commenced infringement proceedings Finally, against Greece 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) are to be brought before the Court in 1998 and those against Finland for failure to implementing Directives notify 78/660/EEC, and 90/605/EEC have reached the reasoned opinion stage. national measures 83/349/EEC, 90/604/EEC C 250/32 EN Official Journal of the European Communities 10. 8. 98 2. 2. 6. 1. Progress in company law implementing Directives applicable to marks into their legislation; trade marks which have been registered under international arrangements but have effect in the Member States. Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 11 11 12 12 12 12 11 12 12 12 8 12 12 % 100 100 92 92 100 100 100 100 92 100 100 100 67 100 100 However, the Directive covers only substantive law on registered trade marks; none of its provisions is aimed at harmonising procedures. The deadline for the transposal 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 transposal of this Directive. The Spanish authorities notified the Commission of transposal even before the Directive had been adopted. The Commission is currently checking that the measures adopted at national level conform to the Directive. Note: this table concerns the following Directives: 68/151, 77/91, 78/660, 78/855, 82/891, 83/349, 84/253, 89/666, 89/667, 90/604, 90/605, 92/101. Intellectual property 2. 2. 7. Intellectual and industrial property 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 harmonisation 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 these harmonised fields, the Member States retain complete freedom to lay down arrangements best suited to their traditions. internal market. Outside the The scope of harmonisation 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); all categories of registered trade marks recognised by national legislation (trade marks in respect of products or services, individual trade marks, collective marks and guarantee or certification marks), though this does not mean that the Member States are required to introduce these various categories of trade Member States generally adopt the national measures implementing the directives relating to this sector only after infringement proceedings have been launched. long delays and often only after the situation has considerably However, improved, particularly over the last year. While in 1996 only three implementing Member States had notified national measures for all the Directives applicable on 1 January 1997, this year twelve Member States had done so. The Commission will continue its efforts to make sure that all the Member States transpose the Directives into national law and will also ensure that they are correctly applied - incorrect application appearing to be the main reason for litigation. topographies of the All the Member States have now notified their national measures transposing Directive 87/54/EEC on the legal semiconductors and protection of legal protection of Directive 91/250/EEC on computer programs. Examination of the measures notified by the United Kingdom transposing the latter directive has, however, revealed problems of compatiÜ bility with Community legislation, the UK having chosen to retain certain concepts of copyright in the transposal of the Directive, instead of adapting its traditions in this area to the requirements of the Community regulations. After an Article 169 letter was sent to the UK and a reply was received from the British authorities, it tranÜ spired that the issue could be resolved by transposing the 10. 8. 98 EN Official Journal of the European Communities C 250/33 other Directives on copyright law, including Directive 96/9/EC on the legal protection of data bases, for which the deadline is 1 January 1998. into national national measures Infringement proceedings against Ireland for failure to notify implementing Directive 92/100/EEC (lending right) and against Germany for failure implementing Directive 93/83/EEC (on satellite broadcasting and cable retransmission) are at the reasoned opinion stage. to notify national measures implement Member States in 1997. For example, for Directive 92/50/EEC on services, the Court of Justice found against Greece, which had not notified its national implementing measures, on 2 May 1996Ø(˛), and a case was brought under Article 171 of the Treaty for failing to regards Directive 93/36/EEC on supplies, the Court ruled against Italy on 17 July 1997Ø(ˇ), because it had not notified its measures transposing this directive. The Commission has opened infringement proceedings against Spain, which has not notified its measures transposing Directive 93/38/EEC on the utilities sectors. ruling. As this It has been decided to refer Greece and Ireland to the Court implementing measures for Directive 93/83/EEC. to notify national failure for Finally, although the deadline for transposal of Directive 96/9/EEC on the legal protection of data bases has been set for 1 January 1998, Germany, Austria, Sweden and the United Kingdom have already notified their national implementing measures. 2. 2. 7. 1. Progress in implementing Directives applicable to intelÜ lectual and industrial property Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 5 4 6 6 4 6 6 6 6 6 6 6 6 % 100 100 83 67 100 100 67 100 100 100 100 100 100 100 100 However, the measures notified to the Commission have been examined for compatibility with Community legisÜ lation, revealing numerous problems in many Member States where the national legislation is inadequate or incorrect. An examination of the national measures that have been notified has led to 34 proceedings for failure to comply with Community law, including six which are at least at the reasoned opinion stage. Some of these cases involve the questions of principle which could undermine liberalisation of public contracts awarded in the Member States concerned. The Commission also continued its monitoring of the application of Community law in the procedures for awarding private contracts, by following up complaints and its own initiative. investigating and checking cases on The Commission processed 215 complaints and investiÜ gations of its own over the course of the year, including 80 new cases. It was able to settle 65 cases, mostly as a result of action by the awarding authorities or their irregularities. The supervisory bodies to remedy the ("package dialogue meetings’), 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. consultation procedure and Note: this table concerns the following Directives: 87/54, 89/104, 91/250, 92/100, 93/83, 93/98. A few examples of incorrect application of Community provisions can be cited. 2. 2. 8. Public procurement The Commission decided to refer to the Court of Justice in supply of fertiliser for the Irish Forestry Board A number of directives adopted in the field of public procurement had still not been transposed in certain (˛) Judgment of 2 May 1996, Case CÜ311/95 (Greece). (ˇ) Judgment of 17 July 1997, Case CÜ43/97 (Italy). C 250/34 EN Official Journal of the European Communities 10. 8. 98 order to establish that the is an adjudicating authority within the meaning of the public procurement directives. latter 2. 3. Removal of tax barriers The Commission also decided to refer France to the Court for failure by the Syndicat Interd~partemental d’~lectrification de to apply competitive tendering as laid down in Directive 93/38, and for incorrect application of Directive 93/37 by the R~gion Nord PasÜdeÜCalais in a plan for the renovation of its lyc~es. la Vend~e Following Commission intervention, Greece amended its national provisions authorising the adjudicating bodies to use transfer as a criteria for awarding contracts. technology the utilities supply contract In a the in Commission impressed upon Belgium the need to admit that reference to national laws where authorised involved the possibility of producing equivalents. Instructions were sent to the clients of the Belgian company to sort out the difficulties. sectors, 2. 2. 8. 1. Progress in implementing Directives applicable to public procurement (N. B. : The information in the table below refers only to transposal into national law in the Member States. In some of them, because of shared competence between different institutional structures (e. g. the Community provisions must also be Austrian L…nder), the transposed at transposed texts are not notified. ) Infringements result when regional level. Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 11 11 11 9 11 11 11 11 11 11 11 9 11 11 11 11 11 11 8 8 11 11 10 11 11 11 8 11 11 11 % 100 100 100 88 73 100 100 91 100 100 100 89 100 100 100 Note: this table concerns the following Directives: 71/305, 89/440 (codified by Directive 93/37), 77/62, 80/767, 88/295, 89/665, 90/531, 92/13, 92/50, 93/36, 93/38. 2. 3. 1. Direct taxation There is no significant harmonisation in direct taxation; this is because the Council is required to adopt tax harmonisation rules unanimously, rather than by the qualified majority that is generally sufficient for internal market provisions. The levels of taxation and the taxable bases vary from one Member State to another and as such cannot be contested under Community law. The differences tax arrangements do not as such constitute discrimination that is incompatible with the Treaty as a matter of principle; the Member States are free to allocate their respective tax powers in their bilateral tax agreements according to their political choices. Such choices, which may differ from one Member State to another, cannot be considered to be discrimination within the meaning of the Treaty. the Member between States’ Consequently, the principle of non discrimination, the most frequently used yardstick, applies to cases of tax treatment by one and the same national tax system. The difference in taxation, for natural persons and for busiÜ nesses, between non residents and residents in all the Member States, in principle accepted by the Court where it reflects the difference in the situations of these two categories of taxpayer, is subject to ongoing monitoring and evaluation by the Commission in the light of a growing body of case law from the Court arising from preliminary rulings requested by the national courts. Following the reasoned opinion sent to France on a deduction at source operated differently for permanent business establishments from different Member StatesØ(˛), the Commission received a the French government stating that it would regularise the situation in its next Finance Act. The provisions to this effect are in the Finance (Amendment) Act for 1997 set out adopted at the end of December. letter from As regards notification of implementing measures, the Commission has received national measures transposing all the Directives from all Member States except Greece, which has not notified legislation transposing Directive 90/434/EEC on mergers (see point 2. 3. 1. 1 below); (˛) See 14th annual report. 10. 8. 98 EN Official Journal of the European Communities C 250/35 this has been referred to the Court (Case CÜ8/97). InciÜ dentally, the Commission welcomes the fact that the the measures United Kingdom has implementing the Mutual Assistance Directive its in (Directive dependent 77/799/EEC). finally notified Gibraltar territory of 2. 3. 1. 1. Progress in implementing Directives applicable to direct taxation Member State Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Directives applicable on 31. 12. 1997 Directives for which measures have been notified 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 3 4 4 4 4 4 4 4 4 4 4 4 % 100 100 100 75 100 100 100 100 100 100 100 100 100 100 100 Note: this table concerns the following Directives: 69/335, 77/799, 90/434, 90/435. Convention 90/436 on the elimination of double taxation in connection with transfer pricing by arbiÜ tration procedure, signed on 23 July 1990 in Brussels on the basis of a proposal for a Directive, came into force on 1 January 1995 for the 12 old Member States, while its extension to the three new Member States, signed on 21 December 1995, is not yet in force because only four of the 15 Member States (Denmark, Italy, Netherlands and Portugal) have ratified it. 2. 3. 2. Indirect taxation proceedings Following Commission commenced against Italy for the 1993 introduction of a special 10Ø% levy on the price of unprocessed polyÜ ethylene, which had the effect of taxing products from action, the other Member States more heavily, were terminated after the Italian Act at issue was repealed. and failure to notify national implementing As regards the Commission commenced proceedings measures, against France regards Directive as Italy 96/95/ECØ(˛) on setting the level of the standard rate of value added tax. Proceedings were also opened against Greece concerning Directive 96/42/ECØ(ˇ) on the taxation of horticultural products. And the Commission closed the proceedings previously opened against Austria simplification under Directive 95/7/ECØ(—) on new measures with regard to value added tax when it received implementing measures. But proceedings were found to be needed against Germany under the same Directive, as the Commission has not yet been notified of provisions giving effect to Article 9(1), for which Germany enjoyed a derogation until 1 January 1997. the national As regards supervision of the correct application of Community provisions, two proceedings were opened. The first case was against the Netherlands, which allows taxable persons to deduct a percentage of the payments made to their employees to compensate for the expenses incurred through the use of their own vehicle for company purposes. Given that this deduction is made even though the taxable person is not the customer in the transaction and does not hold an invoice in his name, these provisions contravene Articles 17 and 18 of the Sixth VAT Directive of 17 May 1977 (77/388/EC)Ø(Ñ). The second concerns Portugal, which applies a reduced rate to diesel oil, fuel oil and corresponding blends, for wine and for agricultural equipment and machinery. However, these products are not included in Annex H to Directive 77/92/ECØ(Ò), which lists products which may continue to benefit from a reduced rate. Furthermore, the reduced rate in question is not in compliance with the conditions for application of Article 28(2) of the amended by Directive as Sixth VAT Directive 77/92/EC, which allows a reduced rate for a transitional period on products other than those in Annex H on condition that this rate is not less than 12Ø%. (˛) OJ L 338, 28. 12. 1996, p. 893. (ˇ) OJ L 170, 9. 7. 1996, p. 34. (—) OJ L 102, 5. 5. 1995, p. 18. (Ñ) OJ L 145, 13. 6. 1977, p. 1. (Ò) OJ L 316, 31. 10. 1992. C 250/36 EN Official Journal of the European Communities 10. 8. 98 A number of other cases relating to the Sixth VAT Directive were referred to the Court: Italy for restricting the right to deduct in the case of purchase of a building by a taxpayer together with a non taxpayer; Spain for VAT exemption on imports of military equipment; and France and the Netherlands, which the Commission decided to refer to the Court of Justice regarding the tolls charged by the companies or bodies entrusted with the operation of highways, which must be regarded as the consideration in the case of services provided for a consideration to road users. Whereas some Member States charge VAT on such tolls in accordance with Article 2 of the Sixth Directive, the Member States in question view the matter as falling outside the realm of VAT, arguing that activities are involved which are connected with the exercise of official authority. Finally, several earlier proceedings have been closed. the clarifications provided by the Spain: Following Spanish authorities, the Commission decided not to pursue the infringement proceedings on taxation of assembled goods. It emerged that the rule at issue was purely practical, as the criteria of fixed assets and of the intended to clarify the cost of assembly were only concepts of the installation or importance of these concepts in determining the rates applicable and the place of the taxable operations. assembly, given France: Following the Commission’s action, the French authorities, in the Finance (Amendment) Act for 1996, abandoned the ceiling beyond which the samples had previously been taxed. From now on, samples taken for company requirements will no longer be subject to VAT. Greece: Greece complied with the Court’s rulingØ(˛) on the VAT exemption arrangements for transport, cruises and package tours, paying DR 5,6 billion (approximately ECU 17 million) in compensation to own resources for 1989 the to 1994. The Commission also closed infringement proceedings regarding the extension of the flat rate VAT agricultural arrangements to Greek fishermen. its the Commission’s intervention, Portugal: Following Portugal amended legislation regarding VAT on travel agencies. VAT was previously collected on the whole margin even when the journey was made in whole or in part outside the Community, while Article 26 of the Sixth Directive provides for this part of the margin to be exempted. The Commission also closed the case on VAT exemption on imports of military equipment. The Commission opened proceedings against France for infringement of Directive 92/12/EECØ(ˇ) on the general system of excise duties. 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 harmonisation of excise duties. However, the contribution in question is incompatible with this structure it does not apply to all alcoholic beverages as defined in Directive 92/83/EECØ(—), but only to beverages with an alcoholic strength by volume of 25Ø% vol. or more, and because it is levied on the basis of the volume of beverage and not the pure alcohol content. in that did close relating another the Commission However, infringement proceeding against France to alcoholic beverages. The issue is excise duty on naturally sweet or liqueur like wines, where French legislation was in breach of Directive 92/83/EEC since it made a distinction between dry and sweet wines, a distinction which is irrelevant for tax purposes, and, furthermore, it established two different sets of rules for admission of such wines to the tax category of still wine depending on whether or not they are produced in France; such wines from another Member State are also to conditions not provided for in the Directive and have to obtain prior recognition by decree as qualifying for the tax treatment applied to wine. subject The French provisions have now been brought into line with the Directive, which provides that wines which have a natural alcohol content of between 15Ø% and 18Ø% are classified and should therefore be taxed as still wine (and not as "intermediate products’), provided they have been produced without enrichment or addition of alcohol. Such a difference in tax treatment between similar products depending on whether they are domestic wines is or wines another Member State from (˛) Judgment given on 23 May 1996, Case CÜ331/94. (ˇ) OJ L 76, 23. 3. 1992, p. 1. (—) OJ L 316, 31. 10. 92, p. 21. 10. 8. 98 EN Official Journal of the European Communities C 250/37 inconsistent not only with the abovementioned Directive but also with Article 95 of the EC Treaty. 2. 3. 2. 1. Progress in implementing Directives applicable to indirect taxation Proceedings against Greece were opened under Council Directive 72/464/EECØ(˛) on taxes other than turnover taxes which affect the consumption of manufactured the tobacco. The Directive producers or importers of manufactured tobacco are free to set the maximum price for retail sales of these products. However, Greek legislation allows the Minister of Finance to set the minimum price for manufactured tobacco. expressly states that in travellers’ personal Following action by the Commission, the Portuguese authorities amended their legislation on tax refunds for goods contained luggage. This legislation is now in line with Directive 69/169/EECØ(ˇ), since the restrictions on certain goods have been elimÜ inated and the refund can be obtained simply by presÜ enting a receipt. Previously, it was necessary to fill out a special declaration, a requirement which was not specified in the Directive. (˛) OJ L 303, 31. 12. 1972, p. 1. (ˇ) OJ L 133, 4. 6. 1969, p. 6. Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 42 42 43 42 42 42 42 42 42 42 43 42 42 42 42 42 42 42 41 42 41 42 42 42 42 43 42 42 42 42 % 100 100 97,7 97,6 100 97,6 100 100 100 100 100 100 100 100 100 Note: this table concerns the following 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, 96/95, 96/99. CONSUMER POLICY AND HEALTH PROTECTION 3. INTRODUCTION in 1997, its departments consumer policy, the Commission In following Parliament’s restructured report on BSE in order to make the Commission’s work in food health more efficient, transparent and balanced (Commission Communication of 30 April 1997 on consumer health and food safety, COM(97) 183 final). notified by all the Member States. In particular, the state of transposal of the new timesharing directive is very unsatisfactory. At the deadline for transposal (29 April 1997), no Member State had notified the national implementing measures. Once again it appears that the majority of Member States are adopting national implementing measures only after the deadline. 4. SITUATION SECTOR BY SECTOR As a result, this chapter no longer covers legislation on cosmetics, textiles and toy safety. 4. 1. Safety and health Twelve directives have been adopted in this area, but the implementing measures for two of them have yet to be As regards Directive 92/59 on general product safety, the deadline for transposal of which was 29 June 1994, Ireland and the three Member States (Germany, C 250/38 EN Official Journal of the European Communities 10. 8. 98 Luxembourg) which had not yet transposed the Directive notified their national implementing measures in 1997. This is a very important consumer protection directive because it establishes at Community level a general safety obligation for all products put on the market and intended to be used by consumers. It also lays down appropriate procedures to guarantee this safety. for consumers or likely 4. 2. Protection of consumers’ economic interests As regards Directive 94/47 on timesharing contracts, the deadline for transposal of which was 29 April 1997, seven Member States (Belgium, Greece, Spain, France, Italy, Luxembourg and Finland) have not yet notified their national implementing measures. The aim of this directive is to create a set of common rules relating to information on the constituent parts of contracts, the arrangements for communicating such information and the procedures and arrangements for cancellation and withdrawal. in As for Council Directive 93/13 on unfair terms consumer contracts, all the Member States except Spain have notified their national implementing measures. The Commission has brought the case against Spain before the Court of Justice (CÜ318/97). regards Directive 90/314, As for preliminary rulings have been presented to the Court of Justice under Article 177 of the EC Treaty: requests several Case CÜ364/96 Verein für Konsumenteninformation v ˆsterreichische Kreditversicherung question submitted to the Court of Justice for a preliminary ruling by order of the Bezirksgericht für Handelssachen Wien. This case establishes what services the concept of "security for. Ø. Ø. the repatriation of the consumer’ within the meaning of Article 7 of Directive 90/314/EEC applies to. AG, Case CÜ237/97 AFS Finland, preliminary rulings submitted to the Court of Justice by order of Finland’s higher administrative court. This case concerns whether AFS Intercultural Programs Finland must be listed on the register of companies organising package tours held by the Consumer Office (Kuluttajavirasto) in order to be able its statutory activity of organising student placements as part of school exchanges. to exercise to protect regards Directive 85/577/EEC As the consumer in respect of contracts negotiated away from business premises, a request for a preliminary ruling was submitted to the Court of Justice in Case CÜ45/96 BayeÜ rische Hypotheken und Wechselbank AG v Edgar Dietzinger. This case concerns the question of whether a guarantee can be considered to be a contract concluded between a trader supplying goods or services and a consumer within the meaning of Article 1(1) of the abovementioned directive. 4. 3. Progress in implementing directives applicable to consumer protection and product safety Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 11 12 12 11 10 11 12 11 11 12 12 12 11 12 12 % 92 100 100 92 84 92 100 92 92 100 100 100 92 100 100 Case CÜ140/97 Rechberger v Austria, questions submitted to the Court of Justice for preliminary rulings by order of the Landesgericht Linz. This case concerns several questions on the subject of the interpretation of Directive 90/314/EEC, and the government’s liability in the event of failure to transpose the directive (Francovich/Dillenkofer case). the question of Note: this table concerns the following Directives: Safety and health: 87/357, 92/59. Protection of economic interests: 79/581, 84/450, 85/577, 87/102, 88/314, 88/315, 90/88, 90/314, 93/13, 94/47. 10. 8. 98 EN Official Journal of the European Communities C 250/39 COMPETITION 5. INTRODUCTION As regards individual cases, the number of proceedings initiated against the Member States has not significantly increased since 1996. Like last year, infringement of the competition rules by the Member States particularly affected the transport and telecommunications sectors. As regards the implementation of directives in the field of competition in the telecommunications sector, in 1997 efforts were concentrated on preparing for the introÜ duction of full competition for the supply of all telecomÜ munications services, set for 1 January 1998, except for the Member States which had obtained derogations from the Commission. In order to ensure a coordinated control of both the specific directives on competition and the harmonisation directives, and, as necessary, to speed up the opening of infringement proceedings against Member States which are falling behind schedule, the Commission decided to create a "1998 joint team’ (a joint team responsible for applying Community legisÜ lation on telecommunications) including officials from the DirectoratesÜGeneral responsible for competition and telecommunications and the Legal Service. This joint team has prepared a report on the state of transposal of these directives, which was adopted by the Commission on 29 May 1997 and updated the following 8 October, on the basis of the results of bilateral meetings with the Member States. (Following this horizontal examination the of Commission decided on 5 November 1997 to open Article 169 proceedings against 7 Member States. ) the Member States, situation in all the 6. SITUATION SECTOR BY SECTOR 6. 1. Public enterprises the sector, telecommunications In the Commission decided to terminate the proceedings opened against Portugal, Ireland, Greece, Italy and Spain, for failure to notify measures implementing Directive 94/46/EC of 13 October 1994 on satellite communications. 1996 for the liberalisation of alternative infrastructures and 1 January 1998 for full opening to competition, pursuant to Directive 96/19/EC. On 10 June 1997, the Commission also granted Spain an additional period for the full liberalisation of its telecommunications sector. Ireland and Portugal granted The decisions on extensions from 15 February 1996 for the liberalisation of direct interconnection of mobile networks. cross border Following a complaint, on 12 June 1997 the Commission decided to open Article 169 proceedings against Spain, for a too restrictive transposal of the liberalisation of infrastructures provided for by Article 2(2) of Directive 96/19/EC for the provision of services other than telephony. The Commission was not satisfied with the Spanish authorities’ response to this Article 169 letter, and therefore decided on 15 October 1997 to send them a reasoned opinion. Furthermore, under Article 2(1) of Directive 96/2/EC, the Member States may not refuse to allocate licences for operating mobile systems according to the DCS 1800 standard from 1 January 1998 at the latest. Spain, Portugal, Italy, Luxembourg and Greece have not yet notified the measure taken to implement this provision. Belgium, Ireland and the Netherlands have notified draft measures. the front telecommunications On the Commission declared on 30 April 1997 that it was satisfied with the remedial measures notified by the Spanish government to comply with Article 2 of Decision 97/181/ECØ(˛) of 18 December 1996 on the conditions imposed on the second GSM mobile telephone operator in Spain. Under this decision the Spanish government was asked to end the distortion of competition arising from the initial payment imposed on Airtel and to ensure equal treatment of GSM operators on the Spanish market. While Airtel had to pay PTA 85 billion for a GSM licence, Telefönica obtained its licence free of charge. As regards Directive 93/84/EEC amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings, the Commission decided on 19 March 1997 to send an Article 169 letter, and then on 15 October 1997 a reasoned opinion to Greece for failure to notify the measures required by the directive. The Commission also granted Ireland (27 November 1996), Portugal (12 February 1997), Luxembourg (14 May 1997) and Greece (18 June 1997) an extension on the implementation period beyond the date set of 1 July (˛) OJ L 76, 18. 3. 1997, p. 19. C 250/40 EN Official Journal of the European Communities 10. 8. 98 the field, transport the Commission closed the Greek authorities started In the proceedings under Articles 90 and 86Ø(˛) which it had brought following complaints from various airlines on the ground handling services provided by Olympic Airways as a monopoly at Athens airport. Following this decision, improvement work on the East Terminal at Athens airport, which houses foreign airlines. The law on temporary work, which was preventing Olympic Airways from recruiting enough seasonal staff to cover peak traffic periods in the tourist season, has also been amended. Olympic Airways’ monopoly on to passengers will be abolished from 1 January 1998. the provision of ground services Following a complaint the Commission adopted a decision under Article 90(3)Ø(ˇ) against the system of reductions in piloting tariffs in the Port of GenoaØ(—). The Commission decided that this system was incomÜ patible with Articles 90 and 86, because its effect was to apply unequal conditions shipping companies providing equivalent services, thus giving rise to distortions of competition. The Commission asked the Italian Government to put an end to the infringement. the various to On 21 October, the Commission adopted a formal decision under Article 90(3) on the Italian ports legisÜ lation relating to employmentØ(Ñ). This decision requests Italy to put an end to the port companies’ monopoly on the temporary workers. This CourtØ(Ò) which stated that certain provisions of the Italian legislation on dock work were incompatible with Community law. follows a ruling by Lastly, mention must once again be made of the case concerning discounts on landing charges at Zaventem airport in BelgiumØ(Ó). The Kingdom of Belgium did not respond to the reasoned opinion sent to it on 10 December 1996, and the Commission accordingly commenced infringement proceedings on 23 April 1997. This action is still pending. In June 1997 the Commission adopted a decision pursuant to Article 90(3) which established the incomÜ (˛) Council Directive 96/67/EC of 15 October 1996, OJ L 272, 25. 10. 1996, p. 36. (ˇ) OJ L 301, 5. 11. 1997, p. 27. (—) This tariff follows the ruling in Case CÜ18/93 Corsica Ferries Italia/Corpo dei piloti del porto di Genova, [1994ü ECR IÜ1783 and was amended twice after the complaint was filed, on 5 October 1994 and 4 September 1996. (Ñ) Decision C(97) 3108, OJ L 301, 5. 11. 1997, p. 17. (Ò) Case CÜ179/90, Merci Convenzionali Porto di Genova [1991ü ECR IÜ5889. (Ó) Decision of 28 June 1995 pursuant to Article 90(3) (OJ L 216, 12. 9. 1995, p. 8). in to the legislation of television advertising awarded legal patibility with Community exclusivity the private channel Vlaamse Televisie Maatschappij NV (VTM), on the basis of Flemish law on the media. These provisions limit to a single, non public, company the right to target the whole of the Flemish Community and to broadcast advertising. The proceedings initiated by the Commission were undertaken following a complaint by the channel VT4 Ltd, an English private television company, which, by decree of the Flemish Ministry for Cultural Affairs, was refused access to the Flemish cable network because of VTM’s monopoly. The decision establishes that this monopoly is in breach of Article 90 and Article 52 of the Treaty since it has the effect of excluding any operator originating in another Member State who wishes to set up an establishment in Belgium in order to broadcast televised advertisements intended for television distribution network. This decision allows VT4 and to set up a other potential Community operators secondary to broadcast in Flanders television advertisements to the Flemish public. VTM has brought an action against this decision before the Court of First Instance. the Flemish public on establishment the Belgian 6. 2. Monopolies rights On 23 October the Court of Justice gave its judgment on the actions that the Commission had brought in 1994 import and against the exclusive gas and electricity export the in Spain, France, NetherlandsØ(Ô). The action in Commission v Spain was rejected because the Court considered that there were no exclusive electricity import and export rights in Spain. The following comments relate only to the three other appeals. Italy and First, the Court stated that exclusive import and export rights constitute discrimination against operators estabÜ lished in other Member States and are therefore incomÜ patible with Article 37 of the Treaty. the the Court accepted free movement of goods. Second, the Member States’ argument that Article 90(2) can be invoked to justify state measures that are incompatible with the rules of the its Treaty on consideration of this article, while the Court reiterated the principle that the burden of proof lies with whoever invokes this exception, it indicated that it was for the Commission to provide satisfactory responses to the arguments put forward by the Member States. As the Commission had based its entire argument on the legal question of the inapplicability of Article 90(2) to the In (Ô) Judgments of 23 October 1997, Cases CÜ157/94, Commission v the Netherlands, CÜ158/94 Commission v Italy, CÜ159/94 Commission v France and CÜ160/94 Commission v Spain. 10. 8. 98 EN Official Journal of the European Communities C 250/41 cases in question, the Court considered that it had not given satisfactory answers to the factors advanced by the Member States. it was impossible to assess the cases under Article 90(2) and dismissed the actions. The Commission will take these conclusions into account in future court actions and other proceedings involving Article 90(2). therefore declared that It they intend certain to maintain The Commission sent a reasoned opinion in May 1997 regarding the inadequate adjustment of the Austrian monopoly on manufactured tobacco. In their subsequent statement, the Austrian authorities showed that they had not complied with this opinion by the deadline. In particular, legal provisions, in the field of wholesale tobacco marketing, imposing disproportionate obligations on the wholesale operators competing against the former monopoly. On 9 December, in the light of the judgment given by the Court of Justice on 23 October in Case CÜ189/95 Franzen, the Commission stated that it was possible to separate the provisions of Austrian national law which had been disputed under Article 71 of the Act of Accession and Article 37 of the workings of the monopoly - even though they had an impact on the latter - and that they must therefore be investigated in the light of Article 30. the Treaty from 6. 3. Progress in implementing measures in the field of competition Member State Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Directives applicable on 31. 12. 1997 Directives for which measures have been notified 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 7 8 8 4 7 8 8 6 6 8 8 6 8 8 8 % 87,5 100 100 50 87,5 100 100 75 75 100 100 75 100 100 100 Note: this table concerns the following Directives: 80/723, 88/301, 90/388, 93/84, 94/46, 95/51, 96/2, 96/19. SOCIAL POLICY 7. INTRODUCTION A progress report was presented on the medium term social action programme adopted on 12 April 1995Ø(˛). It sums up the achievements of the Commission’s social policy work programme from 1995 to 1997 and outlines the next steps that will have to be taken to meet existing commitments. 8. SITUATION SECTOR BY SECTOR 8. 1. Free movement of workers Infringement proceedings are under way against a number of Member States concerning the application of Regulations (EEC) Nos 1612/68 and 1408/71. 8. 1. 1. Ending discrimination The Commission decided to send a reasoned opinion to Greece under Article 171 for failing to implement the in Case CÜ123/94 judgment Court of Justice’s (˛) COM(95) 134 final. to teach a concerning the conditions imposed on nationals of the foreign other Member States wishing languageØ(ˇ). It also sent a reasoned opinion to Belgium regarding compliance with in Case CÜ47/93 concerning the withholding of finance for university studies from students from other Member States who are in Belgium solely for the purpose of studying thereØ(—). The Commission has already another case against France for discrimination against earlyÜ retired frontier workersØ(Ñ). judgment the The Commission decided to send Germany a reasoned opinion for rejecting requests for social security benefits submitted by migrant workers following family reunifiÜ cation. It sent another reasoned opinion to Germany concerning the rules obliging Community workers to present their in order to obtain social security benefits. identity card Infringement proceedings are still under way against the United Kingdom for failing to accord social security (ˇ) Judgment given on 1 June 1994. (—) Judgment given on 4 May 1994. (Ñ) Case CÜ35/97. C 250/42 EN Official Journal of the European Communities 10. 8. 98 to a Community worker benefits form of reductions in university entrance fees and study grants for his spouse. the in for certain allowances has been referred to the Court of JusticeØ(—). In the tax field, Luxembourg has complied with the in Case CÜ151/94 Court of judgment tax by concerning final payment of legisÜ non resident workers by amending lationØ(˛). income its Justice’s the internal The Commission terminated infringement proceedings against Belgium after it amended its legislation on the granting of certain social security benefitsØ(ˇ). infringement proceedings are being pursued Finally, against the Netherlands in two cases, one concerning the withholding of supplementary pension insurance 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 higher than that of identity cards for nationals. 8. 1. 2. Access to employment in the public service take There are still some major obstacles barring access to employment in the public service. For example, when recruiting migrant workers into public sector jobs, some their to Member States neglect seniority as public servants in another Member State. The Commission referred a case to the Court of Justice concerning Greek legislation preventing professional experience in another Member State being taken into the Greek civil service. to account on recruitment However, it should be pointed out that the same problem exists in other Member States. into account Another case which will be referred to the Court concerns new Italian legal lecturers, which fails to status of foreign guarantee already acquired. legislation modifying the full protection of entitlements language 8. 1. 3. Social security The case of Greece’s nationality discrimination acknowledging eligibility in families large the of to laid down the arrangements The Commission decided to send a number of reasoned opinions to Belgium concerning: (1) medical authorisÜ ations as a condition for a short stay in another Member State, contrary in Community legislation; (2) the deduction of a personal from Belgian occupational contribution of 13,07Ø% sickness pensions granted to persons residing in another Member State who receive another pension from that State; (3) the practice of taking into account, for the purposes of calculating pensions, the amount of benefits acquired under the legislation of another Member State which were awarded on the basis of voluntary insurance or continued optional insurance; (4) failure to pay frontier workers who are resident in Belgium but work in France supplementary family benefits corresponding to the difference between two countries, as required by Article 94(9) of Regulation (EEC) No 1408/71. However, following amendments to the the relevant by proceeding construction firms 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. the Commission closed legislation, concerning family benefits payments advance the in The Commission has decided to bring cases against France before the Court of Justice concerning: (1) the obligation to take into account, in calculating unemÜ ployment benefits, the last salary received by a worker immediately before becoming unemployed, where he was employed in a Member State; (2) the deduction of the "Contribution au remboursement de la dette sociale’ (CRDS - a contribution to repay the social security debt) from the earned income and substitute income of persons residing in France but who are not subject to French social security legislation pursuant to Regulation (EEC) No 1408/71 (in particular frontier workers). It has also decided to send reasoned opinions to France concerning: (1) presentation of a valid residence permit as a condition for obtaining unemployment benefits; (2) the application of a social security contribution (CSG) under similar circumstances to the CRDS; (3) the refusal to grant non contributory benefits to persons covered by agreements non member certain the cooperation agreements with countries Morocco, Algeria and Tunisia and the association agreement with Turkey), despite the principle of equal treatment laid down in those agreements. concluded with (namely Finally, the Commission terminated proceedings against the United Kingdom in respect of the dissolution of the Social Insurance Fund in Gibraltar following the entry into to Community law and the payment of arrears. force of new that conforms legislation (˛) Judgment given on 26 October 1995. (ˇ) Case CÜ326/90, judgment given on 10 November 1992. (—) Case CÜ185/96. 10. 8. 98 EN Official Journal of the European Communities C 250/43 8. 2. Equal treatment of men and women the Greek authorities notified new The Commission closed two infringement proceedings against Greece for breach of Directive 76/207/EEC, after legislation putting an end to the infringements in question. Both cases concerned an obligation on women to retire before men. However, another case against Greece is to be referred to the Court of Justice under Article 119 of the EC Treaty because the discrimination against women employees of the marriage allowance granted by employers under industry wide or national collective agreements has not been abolished with retrospective effect from 1 January 1981. in respect of the DEI The Court of Justice censured France for maintaining a provision in its legislation banning night work by women in industry, although no such restriction applies to menØ(˛). The Court gave judgment against Italy in a similar case on 4 December 1997Ø(ˇ). the Commission As for the health and safety of pregnant workers and workers who have recently given birth or are breastÜ infringement feeding, proceedings against Greece and Luxembourg for failure to notify national measures implementing the Directive, but has terminated the proceedings against France and Italy. is pursuing The Commission decided to send reasoned opinions to ten Member States for failure to notify measures to transpose Directive 96/97/EEC amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes. Under Article 3 of the Directive, the Member States had until 1 July 1997 to adopt implementing measures. 8. 3. Working conditions Article 2(4) of the Social Policy Agreement specifically provides for directives to be implemented by collective agreements. Its wording is similar to that of the final provisions of many directives and falls in line with the case law of the Court of Justice. Several Member States have used collective agreements as an instrument for incorporating provisions of certain for example, Belgium law: directives into national on collective (Directive redundancies), Denmark (Directive on working time) and Italy (Directive on European works councils). However, the use of collective agreements as a suitable transposal instrument in a given context always depends on the content and exact nature of the provisions of the Directive concerned and on the legal traditions of the Member State. Transposal of Directive 91/383/EEC on improvements in the safety and health at work of workers with a fixedÜ duration or temporary employment relationship is now finally complete, Belgium and Greece having notified national implementing measures. Infringement proceedings are still in progress against France, Greece, Italy, Luxembourg, Portugal and the United Kingdom in respect of Directive 93/104/EC on certain aspects of the organisation of working time. There are a number of difficulties in the transposal of Directive 94/33/EC on the protection of young people at work. Reasoned opinions will be sent to Greece, France, Luxembourg, Austria and the United Kingdom, while a case against Italy is to be referred to the Court of Justice after it failed to reply to a reasoned opinion. By contrast, there has been substantial progress in the transposal of Directive 94/45/EC on the establishment of a European Works Council. Luxembourg and Portugal are the only Member States not to have notified national implementing measures, even after being sent a reasoned opinion. All the other Member States covered by the Directive sent in measures. 8. 4. Health and safety at work The most notable progress made in 1997 was the notifiÜ cation by Spain of national measures implementing all the directives in this field following the Court’s judgment of 26 September 1996Ø(—). Infringement proceedings are continuing against other Member national failure implementing measures; most of these cases have now been referred to the Court. notify States for to At the end of 1997, subject to scrutiny for conformity and taking into account the transposal deadline for the new directives, only Finland, Spain, the Netherlands and the United Kingdom had notified the Commission of national respect of all directives in this sector. implementing measures in (˛) Case CÜ197/96 [1997ü ECR IÜ1489, judgment given on 13 March 1997. (ˇ) Case CÜ207/96, not yet reported. (—) Case CÜ79/95 Commission v Spain. C 250/44 EN Official Journal of the European Communities 10. 8. 98 8. 5. Public health form a constituent part of Article 129 of the Treaty states that, "Health protection requirements shall the Community’s other policies. ’ The Commission reports regularly on its efforts to ensure this obligation is met. The third such report, covering activities in 1996, will be published in 1998. 8. 6. Progress in implementing Directives applicable to social policy Member State Belgium DenmarkØ(˛) Germany Greece SpainØ(ˇ) France IrelandØ(—) Italy LuxembourgØ(Ñ) Netherlands AustriaØ(Ò) Directives applicable on 31. 12. 1997 Directives for which measures have been notified 52 52 52 52 52 52 52 52 52 52 52 48 50 50 47 50 48 49 47 44 49 50 % 92 96 96 90 96 92 94 90 85 94 96 PortugalØ(Ó) FinlandØ(Ô) Sweden United Kingdom 52 52 52 51Ø(*) 50 51 52 40 96 98 100 79 Note: this table concerns the following Directives: Labour law: 75/129, 77/187, 80/987, 87/164, 91/533, 92/56, 94/45. Equal opportunities: 75/117, 76/207, 79/7, 86/378, 86/613, 92/85, 96/97. Free movement of workers: 64/221, 68/360, 72/194. Health and safety 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. (*) NB: Directive 94/45 is not applicable to the United Kingdom. (˛) Directive 78/610 not relevant to Denmark. (ˇ) Directive 88/642 not relevant to Spain. (—) Directives 82/130, 88/35 and 94/44 not relevant to Ireland. (Ñ) Directive 93/103 not relevant to Luxembourg. (Ò) Directive 93/103 not relevant to Austria. (Ó) Directives 82/130, 88/35, 88/642, 91/269, 91/322 and 94/44 not relevant to Portugal. (Ô) Directives 82/130, 88/35, 91/269 and 94/44 not relevant to Finland. EDUCATION AND TRAINING The Commission has shelved a complaint against Spain concerning university entrance exams after taking the matter up with the Spanish authorities. On the question of equal access, the UK authorities have changed the regulations governing a training centre for health professionals, which gave Community residents preferential access to grant assisted places, to bring them into line with Community law. AGRICULTURE 9. SITUATION SECTOR BY SECTOR the other provisions of the Community’s agricultural legislation are effectively and correctly applied. 9. 1. Markets In addition to its efforts to remove barriers to freedom of movement, the Commission also sought to ensure that In monitoring the application of specific market organiÜ sation mechanisms, the Commission continued to keep a close watch on the use of production control mechÜ it anisms, particularly sector, where the milk in 10. 8. 98 EN Official Journal of the European Communities C 250/45 conducted a systematic analysis of national measures to implement Regulations (EEC) Nos 3952/92 and 536/93. (EEC) No 1898/87, Article 3 of which prohibits products other than milk and milk products from being described as "milk’. 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 CÜ198/96). The terms on which the redistribution is made are considered 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. Furthermore, under the Community rules the Member States are obliged to offset the linear reduction (2,15Ø%) occurring in 1990/91 by supplementary allocations. France failed to respect this obligation; although it gave producers the 2,15Ø% with one hand, it took away 2,35Ø% with the other. The French system was based on a decree which was annulled by the French Conseil d’^tat while the case was still pending before the Court of Justice. A new decree was adopted which met the Commission’s objections, and action accordingly. However, other aspects of the case are still being examined. the Commission has terminated its the scheme to Italy The Commission sent a reasoned opinion regarding 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 for compensation by a producers’ no association. legal base the UK authorities adopted national rules Since implementing Regulation 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. (EEC) No 1898/87, in sector, the milk Still the Commission pursued infringement proceedings against the Netherlands for authorising the marketing of drinking milk whose composition (skimmed milk with 25Ø% of the fat content of full cream milk) is not provided for in the exhaustive list set out in Regulation (EEC) No 1411/71 laying down additional rules on the common organisation of the market in milk and milk products. In the spirits sector, the Commission sent 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 40Ø% and no water may be added to an alcoholic drink so that the nature of the product will not be changed. The Tribunal de Grande Instance in Paris has referred a case to the Court of Justice for a preliminary ruling on the subject, which is still pending (Case CÜ136/96). Finally, in the wine sector, the Commission had sent a reasoned opinion concerning certain provisions of a German law on wine which authorises the L…nder 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. The case was closed after in question. the German authorities amended law the The Commission has now shelved proceedings after Italy adopted provisions putting an end to the infringement. The following cases arose under the Community rules on the description of agricultural products. Background 9. 2. Harmonisation 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 UK authorities to regard the marketing of soya milk as an infringement of Regulation The number of Article 169 infringement proceedings for failure implementing agricultural directives has fallen considerably not only since 1996 (when a number of cases had to be brought against the to notify measures C 250/46 EN Official Journal of the European Communities 10. 8. 98 new Member States in respect of directives forming part of the acquis communautaire), but also compared with 1994 and 1995. The Commission had feared that the large number of proceedings commenced in a substantial increase in reasoned opinions in 1997, but these fears proved to be unfounded, as the number of reasoned opinions sent fell from 118 in 1996 to 77 in 1997. in 1996 might result As a result of these positive developments, the number of cases referred to the Court has also fallen off slightly. In any event, cases brought before the Court are generally settled before any judgment has to be given - except in the case of two Member States. in implementing Court Progress judgments has been satisfactory: all the outstanding Article 171 proceedings were settled during the year. Situation in the Member States the Member States have had infringement All them. However, cases proceedings brought against against Denmark, Spain, the Netherlands and the United Kingdom are generally settled at an early stage. The generally positive trend recorded in Belgium in 1996 continued in 1997, although the Court did condemn Belgium for failing to transpose Directive 92/119/EEC (swine vesicular disease - judgment of 2 October 1997 - transposed in December 1997) and another case was referred by the Commission regarding the transposal of Directive 93/119/EEC (protection of animals at the time of slaughter or killing). the requisite measures The situation in Germany is deteriorating, with delays in transposal building up in all sectors except animal feedÜ ingstuffs. The Court censured Germany for failing to take transpose Directives 91/414/EC (plant protection products) 92/116/EEC (trade in poultry meat), 93/48/EEC (fruit plant propaÜ gating material), 93/49/EEC (ornamental plant propaÜ gating material) and 93/61/EEC (vegetable plants). Further cases pending before the Court concern Germany’s failure to incorporate into national law no to than twelve directives on plant health less (plant protection products, organisms harmful to plants or plant products) and seeds and plants (propagating material for fruit plants, ornamental plants and vegetable plants). Another symptom of this worrying state of affairs is that the Commission has sent more reasoned opinions to Germany than to the other Member States, mainly in relation to the plant health directives. The situation in France is somewhat contradictory. Only one reasoned opinion was sent in 1997 (concerning a plant health directive), which represents a marked improvement, but six cases are still before the court concerning Directives 95/10/EC (energy value of dog and cat food), 93/74/EEC, 94/39/EC and 95/9/EC (animal feedingstuffs intended for particular nutritional purposes), 93/119/EC (protection of animals at the time of slaughter or killing) and 94/28/EC (imports of bovine animals and their semen, ova and embryos). incorporated Greece has made a major effort to cut down on transposal delays. It has not only into national law three Directives on which the Court gave judgment in 1996 - 91/414/EC (plant protection products), 92/118/EC (products not subject to specific rules) and 93/52/EC (bovine embryos) - but also settled most of the other existing disputes. The remaining transposal delays affect mainly the veterinary directives. Italy has also made a certain amount of progress. If we look at the infringement proceedings in motion at the Article 169 letter or reasoned opinion stage, we find that the delays in transposal are now around the Community average. However, Italy still has problems in clearing the backlog of transposal delays from the past. In 1997 the Court censured the Italian authorities for failing to incorporate ten directives law. NeverÜ theless, by the end of the year, Italy had implemented all but four of these judgments - three on animal feedÜ ingstuffs directives and one field (Directive 92/116/EEC - fresh meat and poultry meat). the veterinary into national in The positive trend recorded in Luxembourg in 1996 continued in 1997. The only serious delay is in the transposal of Directive 94/28/EC (imports of bovine animals and their semen, ova and embryos). This case was referred to the Court in October 1997. Portugal’s transposal rate has also theless, major problems remain improved. NeverÜ the in respect of 10. 8. 98 EN Official Journal of the European Communities C 250/47 transposal of Directives 94/28/EC (imports of bovine animals and semen, ova and embryos) and 94/37/EC, 94/79/EC, 95/35/EC and 95/36/EC (all concerning plant protection products). their Sweden has now incorporated into national law all the directives concerning seeds and plants, feedingstuffs and plant health which formed part of the acquis communÜ autaire on its accession. The only significant delay in transposal concerns two veterinary directives on trade in bovine and porcine animals and two forestry directives. There are hardly any problems concerning the transposal of directives which have fallen due for transposal since accession. Finland has made a tremendous effort, having settled no less than 243 infringement proceedings in 1997, notably as a result of its success in finding solutions for the transposal of directives in the ¯land Islands, which have considerable autonomy in agricultural matters. Of the directives whose transposal deadline predates accession, only five (all in the veterinary field) have still to be law. There are no major incorporated problems in the transposal of directives that have fallen due for transposal since Finland joined the Community. into national As for the infringement proceedings against Member States who failed to fulfil their obligations concerning Community legislation on bovine spongiform encephaÜ lopathy (BSE), the Commission sent a reasoned opinion to France for failing to apply Decision 96/449/EC on the approval of alternative heat treatment systems for processing animal waste with a view to the inactivation of spongiform encephalopathy agents. Implementation standards) in the agricultural sector of Directive 83/189/EEC (technical legislation, pursuant the relevant secondary In 1997, a total of 204 draft legislative texts notified by the Member States (198) and the EFTA countries (6) were examined in the light of Article 30 of the Treaty and to (as amended by Directives Directive 83/189/EEC 88/182/EEC and 94/10/EC). In around fifty cases, after systematic analysis of the Commission requested amendments to ensure that adoption of the regulations concerned would not create barriers to the free movement of goods. Fifteen drafts were the subject of discussions during the three month standstill period, as a result of which the original texts were amended accordingly. Nineteen drafts gave rise to reasoned opinions and twenty to observations by the Commission. the drafts, is rate in Austria Despite considerable improvements over the year, the transposal low. The Commission has found that transposal is very slow in areas that come under the responsibility of the L…nder (plant health and animal health). As a result many directives that are vital for the operation of the internal market are still not applied throughout Austria. still too Incorrect transposal and incorrect application incorrect transposal or By keeping up a dialogue with the Member States, Commission departments are generally able to shelve cases of incorrect application before they reach the litigation stage. As a result very few cases reach a stage where reasoned opinions have to be sent or the matter has to be referred to the Court. Accordingly, the Commission sent only three reasoned opinions in 1997 for these types of infringement - two the United Kingdom - to Greece and one concerning national legislation that fails to comply with Directive 93/118/EC on financing of health inspections and controls of fresh meat and poultry meat. the to in Directive 83/189/EEC, The proliferation of notifications in 1997 was due largely - and predictably - to the Securitel judgment of 30 April 1996, in which the Court formally enshrined the principle that national legislation that is not notified to in spite of the the Commission at the draft stage, requirements is laid down inapplicable to third parties. Anxious to avoid litigation, the Member States now take care not only to notify systematically any draft national legislation in areas that have not been harmonised, but also to notify rules already in force in order to put an end to recognised infringements. For example, in 1997 the Netherlands notified 60 agricultural regulations which it had adopted between 1989 and 1996 without observing the prior notification by Directive laid 83/189/EEC. procedure down In exercising its duty to monitor the implementation of the Directive, the Commission keeps a close watch to ensure that Member States comply with their obligation to notify all draft instruments containing technical rules or it commenced four infringement proceedings for failure to observe the notification procedure. Only one of these cases (against Portugal) reached the stage where the Commission was forced to send a reasoned opinion. scrutinising many standards. After cases, C 250/48 EN Official Journal of the European Communities 10. 8. 98 9. 3. Progress in implementing Directives applicable to agriÜ culture Member State Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom Directives applicable on 31. 12. 1997 Directives for which measures have been notified 383 383 383 383 383 383 383 383 383 383 383 383 383 383 383 369 375 359 367 373 363 371 355 368 378 356 362 375 374 376 % 96 98 94 96 97 95 97 93 96 99 93 95 98 98 98 Note: 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, 97/6, 97/47. 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, 96/12, 96/14, 96/15, 96/32, 96/33, 96/46, 96/68, 96/78, 97/14, 97/57. 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, 92/107, 93/17, 93/48, 93/49, 93/61, 93/62, 93/63, 93/64, 93/78, 93/79, 95/6, 96/18, 96/72. 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, 82/894, 83/91, 83/201, 84/319, 84/643, 84/644, 84/645, 85/73, 85/320, 85/321, 85/322, 85/511, 85/586, 87/328, 87/486, 87/487, 87/489, 87/491, 88/166, 88/289, 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, 93/119, 93/120, 93/121, 94/28, 94/42, 94/59, 94/65, 94/71, 95/22, 95/23, 95/25, 95/29, 95/68, 95/70, 95/71, 96/22, 96/23, 96/43, 96/90, 96/93, 97/2, 97/22. FISHERIES 10. INTRODUCTION 11. SITUATION SECTOR BY SECTOR 11. 1. Markets 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. Member States’ application of the Community rules relating to the common organisation of the market may now be considered satisfactory. The only infringement proceeding still outstanding - a case against Belgium concerning the recognition of producers’ organisations - was terminated. fisheries The Commission also continued its systematic scrutiny of for national compatibility with Community law, notably as regards the grant of flag rights and technical resource conserÜ vation measures. aquaculture legislation and 11. 2. Resources The Commission continued to monitor the Member States’ implementation of the new control measures under the common organisation of the market. 10. 8. 98 EN Official Journal of the European Communities C 250/49 In this connection two reasoned opinions were sent - to France on 4 June and to Spain on 8 July - for failure to carry out compulsory checks to ensure that national quotas are not exceeded. 11. 3. Compatibility with Community law of national legislation on the grant of flag rights to fishing vessels The proceedings under way against France and Ireland for failing to inspect the use of large drift nets, against Sweden for establishing a fish conservation area and against France for illegitimately authorising fishing in the Guianan fishing grounds, were all terminated after the national practices and concerned were amended to comply with Community law. legislation In 1997 the Commission continued to scrutinise national legislation on the grant of flag rights to fishing vessels for conformity with Community law. infringement proceeding against Denmark The in relation to the grant of flag rights and fishing licences has been dropped. ENVIRONMENT 12. INTRODUCTION 12. 1. General situation to problems drawn the Commission’s attention by complaints and petitions turn out not to constitute infringements, either because there is no relevant legal base in Community law or because the complainants’ or petitioners’ allegations are unfounded in fact or in law. of the application The Commission monitors the application of Community environmental law on the basis of Article 155 of the Treaty establishing the European Community, employing the procedure laid down in Article 169. In practical terms this entails checking that transposal measures are notified and that they implement directives properly, and monitoring regulations. The Commission carries out these tasks either on its own initiative or in response to complaints, questions from Members of the European Parliament and petitions received by the European Parliament exposing possible infringements of Community law. In exercising these duties in 1997, the Commission referred 37 cases to the Court of Justice and sent 69 reasoned opinions to the Member States. These general figures will give the reader some idea of the Commission’s activities and the vigilance it exercises in monitoring the implementation of Community environmental law. if they When the Commission requests information in order to examine specific cases and sends Article 169 letters to their observations on for Member States asking particular situations which appear to breach Community law, the Member States generally supply the additional information, so that a proper analysis can be made. to However, to the cooperate and are very Commission’s the Commission may have infringement proceedings pursuant to Article 5 of the Treaty. The Commission’s tasks as guardian of Community environÜ mental law thus involves extensive correspondence and regular contacts with national government departments (package meetings or ad hoc meetings). to letters or do not reply at all, their obligation to commence fulfil late replying fail in However, the Commission’s efforts are not confined to pursuing cases in the Court or taking the final steps in the pre litigation procedure, reasoned opinions and eliciting replies from the Member States. These operations in infringement proceedings, but in fact many cases relating to the environment are terminated before reaching that stage, usually after a warning is sent before proceedings begin. A large number of the environmental the closing represent sending stages letter i. e. the need On being alerted by the Commission to a possible infringement of Community law, the competent authÜ orities of the Member State often rectify the situation without further pre litigation proceedings or referral to the Court of Justice. That is for reasoned opinions and figures why referrals give only an the incomplete picture of Commission’s real activities in monitoring the application of Community environmental law. the above any for C 250/50 EN Official Journal of the European Communities 10. 8. 98 In 1997 the Commission decided, for the first time, to refer environmental cases to the Court of Justice in accordance with Article 171 of the EC Treaty (as amended by the Treaty on European Union). Under the second subparagraph of Article 171(2), where a Member State fails to comply with a judgment delivered by the Court on the basis of Article 169, in which it finds that the State in question has failed to implement Community law, the Commission may bring the case before the Court again, this time requesting that financial penalties (fines or penalty payments) be imposed. After referring five Article 171 cases on the environment and radiation protection in December 1996, the Commission set out its in January 1997 first requests for financial penalties (fines ranging from ECU 26Ø000 to ECU 30Ø000 per day), in accordance with the principles laid down in its two communicationsØ(˛). Moreover, Article 171 has proved its effectiveness in this instance, since four of the five cases mentioned above were settled by the end of 1997. The Commission also decided to refer two new cases to the Court, one against Greece concerning the application of the Directive on waste and the other concerning of Directive 79/409/EEC on the conservation of wild birds. In 1997, around fifteen cases reached the Article 171 letter or reasoned opinion stage, for failure to notify national implementing measures, incorrect transposal or incorrect application. These cases are described in more detail in the section below dealing with individual sectors. transposal Belgium’s to inspections Community "Implementing the national courts - (1) guidelines on minimum criteria Another feature of 1997 was the follow up to the communication adopted by the Commission in October 1996, Environmental Law’Ø(ˇ), which proposed three new avenues to be explored: for environmental in the Member States; (2) national procedures for receiving and examining public complaints on the application of relevant legislation; and (3) broader access in connection with the application of Community environÜ mental law - for members of the public and represenÜ tative organisations, with due regard for the principle of the Council adopted subsidiarity. Parliament and resolutions the guidelines laid down in the communication and even further. encouraging Specific measures to follow up the communication will be announced early the communication, an Annual Survey will be introduced, on which will above Community in May and June 1997 welcoming information and in 1998. As proposed the Commission environmental law over additional provide them take to in that contained in the annual report on the monitoring of the application of Community law. There have been a number of developments in Community environmental law, which will be dealt with in more detail in the section dealing with individual sectors. The following Directives were finally adopted in 1997: - Directive 97/11/EC Directive 85/337/EEC on the assessment of the effects of certain the environment; projects on amending private public and - Directive 97/35/EC amending Council Directive the 90/220/EEC on environment of genetically modified organisms; the deliberate release into - Directive 97/49/EC amending Directive 79/409/EEC on the conservation of wild birds; - Directive 97/62/EC amending the annexes of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; - Directive 97/69/EC adapting to technical progress for the 23rd time Council Directive 67/548/EEC on the labelling of dangerous substances. classification, packaging and The Regulation on international trade in species of wild fauna and flora in danger of extinction ("CITES ReguÜ lation’) was replaced in 1997 by Regulation (EC) No 338/97, amended and clarified by Regulations (EC) No 938/97, No 939/97 and No 2307/97. it is worth pointing out Finally, "IPPC Directive’Ø(—), adopted on 24 September 1996, must be incorporated into national law by 30 October 1999. This Directive belongs to a new generation of Community initiatives a broad based approach, making due allowance for the environment which adopt that the the on (˛) Memorandum on applying Article 171 of the Treaty, OJ C 242, 21. 8. 1996, p. 6; Method of calculating the penalty payments provided for pursuant to Article 171, OJ C 63, 28. 2. 1997, p. 2. (ˇ) COM(96) 500, 22 October 1996. (—) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, OJ L 257, 10. 10. 1996, p. 26. 10. 8. 98 EN Official Journal of the European Communities C 250/51 this Directive, principle of subsidiarity and encouraging the particiÜ pation of all interested parties and synergy between industry and the environment. Given the novel features of in advising Member States to begin work on transposing it as soon as possible. Indeed it has set up an informal group of experts, which met in the course of 1997, to assist the Member States in the task of transposal. the Commission feels justified 12. 2. Notification of national implementing measures Directives are legal instruments which are binding on Member States as to the result to be achieved, but leaving them free to choose the form and methods to be used. They generally require national measures to be adopted to ensure that the obligations they lay down are actually met. Each new directive sets a time limit (usually one to two years) for Member States to amend their own law in line with its provisions. Member States must notify transposal measures by this deadline. for any of Quite often Member States fail to notify implementing measures for every provision of a new Directive - or in some cases time. Infringement proceedings then have to be commenced. Except the Commission of transposal measures reflects a delay in actual transposal. its provisions - in rare cases, in notifying the delay in Moreover, every time a new Directive is adopted, the Commission takes pains to remind all the Member States that the prescribed deadline; it does so once after the instrument is adopted and again before the transposal deadline. transposal must take place by As in every previous annual report on the monitoring of the application of Community law, the Commission must report that the Member States are finding it difficult to comply with transposal of Community directives on the environment. In 1997 it had to commence infringement proceedings against all the Member States at least once (in the case of the Netherlands and Denmark, once only). the deadlines the for This tendency for Member States to be late in transÜ posing directives is probably due to a number of factors. First, the delays can sometimes be attributed to the instiÜ tutional and administrative structures of the Member States. For example there are still delays in the notifiÜ cation of texts implementing several directives in the autonomous Finnish province of the ¯land Islands. While it is up to each Member State to determine exactly how to discharge its obligations under Community law, the measures it adopts must be effective by the transposal deadline. Implementation may also be held up by specific internal institutional problems in the Member States - for example the notification of measures transposing the water Directives in the new German L…nder. As for the method adopted by the Italian authorities (a special "Community Act’ with general scope), it has not yet yielded the expected results and many infringement proceedings are still in motion against Italy. Second, in extremely technical fields, such as chemicals and biotechnology, some Member States clearly have problems keeping up the transposal rate for successive adaptations to technical progress. For example in 1997 the Court of Justice held that Belgium had failed to fulfil its obligations regarding Directive 67/548/EEC on dangerous substances on several occasions. The new Member States have now transposed nearly the entire acquis communautaire, although there are still occasional delays in notifying implementing measures in full. More than ever the Commission must insist on the need for coordination between the representatives of the Member States who negotiate directives and the national bodies responsible for transposing them, so that the latter are aware of the need to begin work on transposal and are also given the opportunity to assess the changes to national law which a new Community instrument will entail. Given the average time generally required to adapt national legal systems in order to transpose directives, particularly where the national parliament must intervene to change the law, experience suggests that Member States should take full advantage of the time allowed to carry out this exercise and thus avoid any infringement proceedings being commenced by the Commission. As C 250/52 EN Official Journal of the European Communities 10. 8. 98 in place, in notifying the Commission systematically checks whether transposal infringement proceedings for measures are delays implementing measures can be avoided only by diligently embarking on the legal and administrative task of determining exactly what has to be transposed (since certain regulations already in force may suffice) immediately after the new Community rules are adopted, and then by promulgating instruments under national law to secure transposal. Several directives were due to be implemented in 1997: - Directive 97/35/EC adapting to technical progress for the second time Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms; - Directive 97/62/EC adapting technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; to - certain provisions of Directives 93/21/EEC adapting to technical progress for the 18th time and Directive 96/54/EC adapting to technical progress for the 22nd time Council Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances. The Commission keeps constant watch to ensure that Member States fulfil their obligation to notify national implementing measures, for until measures are notified, it cannot carry out its task of checking that they comply with Community law and are effectively applied. The table at point 2. 8 lists the directives in force in the environmental in implementing them. progress outlines field and the infringement proceedings reach Before litigation stage, the Commission and the Member States have an opportunity to discuss areas where national legislation needs to be brought into line with Community law. In its "package meetings’ with national correspondence and government departments, the Commission is able to put questions to the Member States, which can in turn express their own points of view, so that any problems identified. Only rarely does the outstanding can be Commission have to call on the Court of Justice to determine whether a Member State has failed to fulfil its obligations. Problems of non conformity arise for a variety of reasons. First, responsibilities the apportioning of between different levels (national, regional or other) within a Member State may make it harder to bring its whole legal system into line. Second, difficulties may arise in amending national law because of the effect of environmental provisions on other areas of State activity (agriculture, transport, industry, etc. ). Another problem legislation covers the may be that existing national subject matter of a directive, but needs amending in line with new Community requirements. Even allowing for these difficulties, some proceedings for incorrect transposal could easily be avoided if other Member States followed the example of Denmark, Germany, Finland and Sweden and took the trouble to tables attach detailed explanations and concordance matching national provisions with the corresponding Community provisions whenever the Commission of legislation and regulations designed to transpose directives. This would cut down on misunderÜ standings and make problems easier to spot. It would also make conformity checks at Community level easier, while the Member States would benefit directly from having fewer infringement proceedings brought against them. they notified 12. 3. Conformity of national implementing measures Member States are required not only to adopt measures to implement directives, but also to ensure that these law. Infringement measures comply with Community proceedings for non conformity are in motion against all the Member States and in all areas of environmental legislation. tasks The Commission’s monitoring further complicated by the choice of certain legislative techÜ legal niques for transposal (e. g. the use of several instruments), so that there is a special need to work more closely with Member States which choose such methods, in order to explain the details of transposal. are 10. 8. 98 EN Official Journal of the European Communities C 250/53 Finally, it is worth noting the progress made by the three newest Member States - Austria, Sweden and Finland - in incorporating Community environmental law since joining the Community on 1 January 1995. The acquis communautaire of environmental law (the Treaties and secondary legislation) is binding on these countries as it is on the other Member States. However, according to their Act of Accession to the CommunityØ(˛), Austria, Finland and Sweden may maintain certain standards that differ from those laid down in particular environmental directivesØ(ˇ) for a transitional period of four years after accession. During this transitional period, the existing Community provisions are being revised in accordance with Community procedures. Every six months or so the Commission holds a high level meeting with represenÜ tatives of the three States to review progress in this revision process. 12. 4. Correct application of directives The Commission is also responsible for checking that Community law (directives and regulations) is properly applied. This means ensuring that Member States fulfil certain general obligations areas, implementation of programmes, etc. ) and examining specific cases where a particular administrative practice or decision is alleged to be contrary to Community law. But whether the problems at issue are general or specific, the Commission’s task of monitoring application is an important one. (designation of In its scrutiny of individual cases, the Commission must analyse, from a factual and legal standpoint, problems that are very tangible and are of direct concern to the (˛) Articles 69, 84 and 112 of the Act of Accession of Austria, Finland and Sweden provide for transitional measures for certain environmental standards. (Directives 67/548/EEC and pesticides (ˇ) Classification and labelling of dangerous substances, prepÜ (as arations amended), 88/379/EEC and 78/631/EEC) in Austria, Finland and Sweden; limit value for mercury in alkaline manganese batteries (Directive 91/157/EEC) in Austria and Sweden; classification, packaging and the release on the market of plant protection products (Directive 91/414/EEC) in Austria and Finland; different limit values for benzene in petrol (Directive 85/210/EEC) and sulphur in gasoil (Directive 93/12/EEC) in Austria; restrictions on sale and use of cadmium, arsenic, organostanic the compounds (Directive pentachlorophenol 76/769/EEC) in Austria, Finland and Sweden. Likewise, in respect of certain Austria was granted derogations provisions of the Directive on the quality of bathing water (76/160/EEC), which implement by 1 January 1997. it was required to labelling (PCP) and for public. This can give rise to certain practical difficulties, since proper scrutiny demands detailed knowledge of the case in point, but the Commission is both geographically remote and ill equipped to conduct investigations, having no resources to carry out inspections in the environÜ mental field. Yet scrutiny is a vital task, because what matters most to individual citizens is that the law is effectively applied to their own particular circumstances, and because there is a danger that Community law may be formally transposed without any changes in actual behaviour to the extent required by Community rules. to far sent inspections, the obligations arising Complaints and petitions the European Parliament play a vital role in keeping the Commission from informed of how directives and regulations are actually complied with. The Commission lacks the wherewithal to conduct its own sources of information are periodic reports on the application of directives, drawn up on the basis of information supplied by the Member States and the Member States’ replies to information. Certain well researched its requests for complaints from non governmental organisations are particularly useful for the purposes of assessing the effective application of Community rules. its only formal so the conformity of Except in rare cases, complaints are concerned with problems in the application of Community law rather implementing measures or than compliance with transposal deadlines. After falling for two years in succession, the number of complaints has risen. The largest number concerned Spain, Germany and France, while Luxembourg, Finland and Sweden were the least affected; of course, one must be careful in drawing any conclusions the differences in population size. The detailed figures are set out in the Annex. If we analyse the complaints registered in 1997 by broad categories, bearing in mind that they sometimes raise more than one problem, we find that one in every two complaints was concerned with nature conservation and one in every four with environmental impact, while waste related problems were raised in one in ten cases, as were air pollution and water pollution. fact, given from this practical problems Complaints and petitions were mostly about specific and very the complainants and petitioners. This was certainly true of most complaints on environmental impact assessment (Directive 85/337/EEC) and on the deterioration of areas designated or awaiting designation as special affecting directly C 250/54 EN Official Journal of the European Communities 10. 8. 98 protection areas under Directive 79/409/EEC (wild birds). These problems sometimes typify an underlying situation in one or more Member States. believes that, through this instrument, ordinary citizens can make a valuable contribution to protecting the environment. The Commission’s first step is to request information from the Member State regarding the facts alleged by the complainant and to draw the attention of the competent authorities to the provisions of Community law which may have been infringed. This allows the Commission to check the veracity and seriousness of the the complaint and may also facts put forward encourage the to situation. If the information available points to a serious suspicion that Community law has been breached, the Commission either pursues a specific proceeding on the basis of the facts at its disposal or tries to identify the general problem underlying the individual infringements with a view to resolving it. the national authorities rectify in stem from incomplete or in significant number of problems mentioned A complaints incorrect the transposal of directives. This is why, without neglecting incorrect application cases which the monitoring of 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. In this respect, the application if national civil of Community servants informed about Community law and received better training. improve law might in particular were better lack of the requisite technical Some of the infringements detected through scrutiny of the complaints and petitions also pose questions infraÜ regarding the structure. In such cases, while monitoring the application of Community law in matters of 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. 12. 5. Freedom of access to information Directive 90/313/EEC on the freedom of access to information on is a particularly the environment important piece of general legislation: keeping the public informed ensures that all environmental problems are taken into account, encourages enlightened and effective decision making participation and control. The Commission strengthens democratic collective in Although all the Member States have notified national measures transposing the Directive, there are many cases where national law still has to be brought into line with its requirements. The Commission must therefore press ahead with infringement proceedings, although to date the results have not been satisfactory. sent In 1997 the Commission brought a case before the Court of Justice concerning legislation (Case the German the reasoned opinions CÜ217/97), Netherlands and Portugal and pursued proceedings against a number of other Member States. Italy has finally notified its implementing legislation, but there are still some problems of conformity. to Spain, the non conformity of Although the Commission is well aware of the difficulties in amending national legislation where this is likely to cause major changes in administrative practice, it is duty bound to report cases of incorrect application raised in complaints. For the most part, the complaints it receives transposal measures. concern Among the most common subjects of complaint are the refusal by national authorities to respond to requests for information, the time taken for replies, a tendency by national government departments to adopt an excessively broad interpretation when allowing exceptions to the principle of disclosure, and demands for payment of unreasonably high fees. As required by Article 8 of Directive 90/313/EEC, all the Member States - except Portugal, against which infringement proceedings have been commenced as a result - have sent a report on the experience they have gained in applying the Directive. Using these reports as a basis, the Commission will present its own report to Parliament, probably before the end of 1998, together with any proposals it has for revising the Directive. The Commission encourages complainants to make use of the procedures available under the Directive and national transposal legislation. Under Article 4 of the Directive, decisions to reject requests for access to environmental information must be subject to adminisÜ trative or judicial review. Where complaints are filed at the same time as judicial or administrative remedies, the Commission asks complainants for information regarding the outcome. 10. 8. 98 EN Official Journal of the European Communities C 250/55 Finally, the Court of Justice will be called on to interpret certain concepts contained in the Directive following references for preliminary rulings from the German courts. In Case CÜ321/96, which is still pending before the Court, it has been asked to interpret the terms "information relating to the environment’ (Article 2(a)), "preliminary investigation proceedings’ (third indent of Article 3(2)), and the concept of the position adopted by the authorities responsible for maintaining sites of special interest in an approval procedure for a road construction project. In Case CÜ296/97 the Court has received a request for a preliminary ruling on the interpretation of the concept of investigation proceedings’ with regard to access to an expert opinion forming part of an administrative procedure for the closure of a mine. "preliminary 12. 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. The Directive requires environmental issues to be taken into account in many decisions which have collective effects. The Commission has commenced a number of infringement proceedings for incorrect transposal of the Directive, the Member States in question having taken too long to amend their national legislation properly. For example, Belgium has still not fully implemented the judgment given by the Court of Justice on 2 May 1996 for incorrect and incomplete transposal of the Directive (Case CÜ133/94). Under Article 4 of the Directive, Member States must subject projects to an environmental impact assessment where they consider that their characÜ teristics so require. Upholding the Commission’s view, the Court found that this Article cannot be interpreted in such a way as to allow Flanders Region, in implementing the Directive, to exclude from assessment totally and definitively one or more classes of projects covered by Annex II. The Court also criticised the lack of a crossÜ border consultation procedure between Brussels and Flanders Regions. While the latter situation has since been rectified, the same cannot be said for the other point at issue and the Commission is pursuing Article 171 infringement proceedings accordingly. Three actions concerning incorrect transposal are still before the Court - against Germany (Case CÜ301/95), Ireland (Case CÜ392/96) and Portugal (Case CÜ150/97). Infringement proceedings are also under way against other Member States, such as Italy, Spain and Greece. transposal measures Several Member States have said they will continue work on amending national the amending Directive light of Directive 97/11/EC implementing for 85/337/EECØ(˛). The Directive 97/11/EC is 14 March 1999, but earlier transposal is always possible. However, the Commission cannot accept a legal vacuum pending transposal of the new Directive. deadline in impact assessment thresholds above which Directive 97/11/EC makes four major amendments to the original text of Directive 85/337/EEC. First, the scope of Annex I (compulsory impact assessment in all cases) is considerably broadened to cover 21 categories of projects instead of 9. Second, Article 4 of Directive 85/337/EEC is amended to introduce a procedure based on the selection criteria set out in Annex III ("screening procedure’) for case by case examinations or the setting of is compulsory; moreover, this amendment, which provides a framework of objective criteria for decisions by the Member States on whether to subject a category of projects to an impact assessment, is in line with recent the judgments by if the amended version of Article 5 provides that, developer so requests, the authority responsible for authÜ orising projects must give an opinion on the content and the exact scope of the information to be supplied in connection with the environmental impact assessment, on the basis of the specifications in Annex IV ("scoping procedure’). Finally, the amended version of Article 7 incorporates in Community legislation, with regard to relations between Member States, the main provisions of in the Espoo Convention, which entered September 1997Ø(—). the Court of JusticeØ(ˇ). Third, into force (˛) Council Directive 97/11/EC of 3 March 1997 amending 85/337/EEC on the assessment of certain public and private projects on the environment, OJ L 73, 14. 3. 1997, p. 5. (ˇ) In a judgment given on 24 October 1996 in Case CÜ72/95 (Aannemerbedrijf P. ØK. Kraaijeveld BV et al. v GedepuÜ teerde Staten van ZuidÜHolland) following a reference for a preliminary ruling from the Dutch Raad van State, the Court of Justice held that a Member State is exceeding the limits of its discretion to determine which projects are unlikely to have significant effects on the environment, if it excludes in practice any assessment for a whole category of projects, unless this category, when viewed as a whole, can be regarded as not being likely to have significant effects on the environment. (—) Convention on Environmental Impact Assessment in a in Espoo, Finland on signed Transboundary Context, 25 February 1991, approved by the Community by Council Decision of 15 October 1996, not yet published in the Official Journal. C 250/56 EN Official Journal of the European Communities 10. 8. 98 Parliament is still examining the proposal for a Directive on the assessment of the effects of certain plans and programmes, adopted by the Commission in December 1996. The proposal seeks to take into account the problems of impact assessment not only in individual projects, but also at a more general level in infrastructure and town and country planning. Many complaints received by the Commission and petitions presented to Parliament denounce, if only in of Directive passing, 85/337/EEC by national authorities. application incorrect the the that the Directive has helped make Now impact assessments more widespread in all the Member States, complaints and petitions are concerned primarily with the quality of impact assessments (especially the lack of adequate assessment of the indirect effects of the project) and the lack of weight given to recommendations arising assessment from evaluation of (particularly following public enquiries) the final decision. This last objection partly covers cases where work is started before the impact assessment has been completed, one of the other most common complaints. And in the case of projects falling under Annex II, Member States quite often fail to give detailed grounds for their decision not to carry out an environmental impact assessment. impact the in the soil, water, air, It is obviously 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 the project on several factors, including human beings, flora, landscape and cultural fauna, heritage), it is not always easy to contest the merits of a choice taken by the national authorities. In its judgment of 11 August 1995 concerning the construction of the Grosskrotzenburg (Case CÜ431/92, Commission v Germany), the Court of Justice held that the Commission, when acting under the Article 169 procedure, must indicate on what specific points the requirements of a Directive have not been met, and provide appropriate evidence. Such evidence is not easy to produce, particularly if the complainants themselves are unable to supply it to the Commission. thermal station power Most of the cases brought to the Commission’s attention concerning incorrect application of this Directive revolve around points of fact (existence and definition). There is therefore every chance that the most effective way to verify any infringements will be at a decentralised level, particularly through the national courts. Complainants should therefore consider making full use of internal means of redress, including judicial remedies, to enforce the rights conferred on them under the Directive. Where necessary, individuals can of course invoke the obligation of the competent national authorities (administrative or judicial authorities) to comply with Community law. However, there is little prospect in the short term of cases no longer being referred to the Commission, since at present complainants and petitioners are often denied access to the courts, being unable to prove an interest in the matter. In the Commission’s view, this confirms the need receiving and examining public complaints and for wider access to the national courts for the public and representative organiÜ the application of in matters sations Community environmental law. for national procedures relating for to The Court of Justice has still to give a preliminary ruling in Case CÜ81/96, in response to a request from the Dutch Raad van State. The point at issue is whether the execution of a project without an environmental impact assessment and on the basis of an authorisation granted before the Directive entered into force (the initial authÜ orisation not having been used is compatible with the Directive, given the fact that the project now comes under Annex I (compulsory environÜ mental impact assessment in all cases). immediately) Finally, the Commission held two informal meetings of experts from national government departments to help them with transposal of Directive 97/11/EC. Particular attention was paid to the implementation of Article 4 in conjunction with Annexes II and III. the 12. 7. Action needed The problems of implementing environmental law are the same as those highlighted in previous reports - delays in notifying national implementing measures, doubts regarding conformity and dubious, uneven or weak application of legislation, which in some cases fails to satisfy the public, as demonstrated by the usual high number of complaints and petitions. 10. 8. 98 EN Official Journal of the European Communities C 250/57 The Commission’s first response to this state of affairs is to press ahead with its reform of internal rules aimed at increasing the speed and effectiveness of infringement procedures. At the same time it will pursue the debate implementing opened up by Community environmental law (mentioned above) and will be on hand to assist the Member States in transÜ posing and applying Community law. its communication on area, the Commission terminated proceedings against them concerning Directives 80/779/EEC, 82/884/EEC and 85/203/EEC on air pollution from sulphur dioxide, lead and nitrogen dioxide. the regarding Taking a more general view, the Commission is looking implementation of into possibilities Community environmental law arising from a whole series of Community initiatives in which it is actively participating: the use of environmental agreements, civil liability in environmental matters in the Member States, the extension of the activities of the informal network Impel (Implementation and Enforcement of EU EnvironÜ mental Law) and integration of environmental the considerations in other Community policies. 13. SITUATION SECTOR BY SECTOR 13. 1. Air There has been a significant drop in the number of infringement proceedings in this sector, mainly because implementing measures were notified for a number of directives - albeit late and often after the Commission had commenced proceedings. Problems persist, however, in the application of directives dating from the 1980s which are now being revised to step up the protection of the environment, and in respect of ozone and the incinÜ eration of waste. In 1997 the Member States made up most of the delays in notifying national measures implementing Directives 93/12/EEC (sulphur content of certain liquid fuels), 94/63/EC (emissions of volatile organic compounds) and 94/66/EC (large combustion plants). As a result the Ireland, Commission Greece, Portugal, Belgium, Italy, Luxembourg, Sweden and Finland. However, delays still persist in Germany. terminated proceedings against The Commission ended the proceedings against the United Kingdom in respect of Directive 85/203/EEC (nitrogen dioxide) and against Portugal in respect of Directive 88/609/EEC (emissions from large combustion plants) after the two countries brought their legislation into line. However, Portugal has not yet correctly impleÜ mented Directive 84/360/EEC from industrial plants), as the authorisation system does not cover all the plants referred to by the Directive. (air pollution As regards the application of these three Directives, the Commission is continuing to request information from Member States on the values measured every time it to shelve complaints or receives a complaint, and infringement proceedings whenever it finds that the in values the directives are not being laid down exceeded, a case in point being the application of Directive 80/779/EEC (sulphur dioxide and suspended particulates) at Bootle Docks in Merseyside (United Kingdom) and in Lisbon and Barreiro (Portugal). Italy relating problems notification to Directive The 92/72/EEC (air pollution by ozone) have now been resolved. The Commission abandoned actions before the Court against Greece and (CÜ331/96 and CÜ286/96), after both countries notified implementing legislation, while Portugal and Sweden have also sent in transposal measures, albeit somewhat late. It is important that this Directive is transposed and implemented as it is concerned primarily with our knowledge of ozone pollution, public information on individual instances of pollution and the need for more effective protection. Also it is the first Community instrument to be adopted in this field and may be followed by other instruments designed to combat ozone pollution. As a consequence of the efforts made by Austria and Finland to transpose the acquis communautaire in this There have been a number of complaints about the application of the Directive in several Member States, incorrect application of the particularly as regards C 250/58 EN Official Journal of the European Communities 10. 8. 98 information and warning Article 5 in various European towns and cities. Where the ozone levels laid down in Annex I of the Directive on population thresholds (180Ømg/m3 and 360Ømg/m3) are exceeded, the authorities responsible are required to take the necessary steps to inform the public (e. g. by radio, television or the press) which values have been exceeded, which sections of the population are affected and what precautions they should take. Proceedings have been commenced against France for failing to specify the locations of measuring stations and not informing the Commission properly of the outcome of the measures taken. Other Member States have failed to provide the requisite information on time or in full. Directive 94/67/EC on the incineration of hazardous waste fell due for transposal on 31 December 1996. Eleven Member notified implementing measures and the Commission is pursuing infringement proceedings accordingly. States have still not There are still certain problems with regard to the two the prevention of air pollution from Directives on municipal waste incineration plants - 89/369/EEC (old plants). The (new plants) and 89/429/EEC Commission terminated proceedings against Portugal for incorrect transposal of Directive 89/429/EEC, after having referred the matter to the Court of Justice. However, infringement is pursuing Article 171 proceedings against Italy following the Court’s judgment of 26 June 1996 censuring the Italian authorities for failing two Directives. Proceedings have also been commenced against Belgium, as its legislation transposing the two Directives was found not to comply with requirements; the case is still at the pre litigation stage. to notify measures implementing the it In an attempt to improve air quality in Athens, the Commission launched a scheme to monitor air quality with the aid of the research centre at Ispra and the municipal corporation of Athens. The results are expected some time in 1998. An Italian court has referred a case for a preliminary ruling - which is still pending before the Court of Justice (Case CÜ284/95) - concerning the interpretation and validity of Council Regulation (EC) No 3093/94 on substances that deplete the ozone layer. The main issue at stake is the question of restrictions on the production and use of halons and HCFCs, gases which are dangerous for the environment. Finally, Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management was due to be transposed by 21 May 1998Ø(˛). This Directive will form the basis for a series of forthcoming Community instruments designed to set new limit values for atmospheric pollutants, starting with those already covered by existing Directives, lay down information and alert thresholds, harmonise air quality assessment methods and improve air quality management with a view to protecting human health and ecosystems. 13. 2. Chemicals and biotechnology Community legislation on chemicals and biotechnology covers various groups of directives relating to products or activities which have certain features in common: they are technically complex, require frequent changes to adapt them to new knowledge, apply to both the scientific and industrial spheres and deal with specific environmental risks. It is particularly important in this field to exercise precaution as a matter of principle. It is because of these characteristics that most of the transitional exemptions allowing the three new Member States to maintain higher standards fall within this sector. in One of the features of Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances is the frequency with which it has to be line with scientific and technical develÜ amended, opments. Thus Council Directive 92/32/EEC amending Directive 67/548/EEC for the seventh time was due to be transposed by 31 October 1993, while Directive 96/56/ECØ(ˇ) provides for the abbreviation "EEC’ to be replaced by "EC’, for the purpose of labelling dangerous substances, by 1 June 1998. The annexes to Directive lists of substances, are 67/548/EEC, which contain (˛) Directive 96/62/EC of the Council of 27 September on ambient air quality assessment and management, OJ L 296, 21. 11. 1996, p. 55. (ˇ) Directive 96/56/EC of the European Parliament and the Council of 3 September amending Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions the classification, packaging and labelling of dangerous substances, OJ L 236, 18. 9. 1996, p. 35. relating 1996 to 10. 8. 98 EN Official Journal of the European Communities C 250/59 amended even more frequently, by means of Commission Directives. Certain provisions of Directives 93/21/EECØ(˛) (18th adaptation to technical progress) and 96/54/ECØ(ˇ) (22nd adaptation) fell due for transposal in 1997, while a second part of Directive 96/54/EC must be transposed by 1 June 1998 and Directive 97/69/ECØ(—) (23rd adapÜ tation) falls due for transposal by 16 December 1998. In too frequent. this case With this rapid change in Community texts, delays in transposal are all the Commission automatically commences proceedings and has no hesitation in referring cases to the Court of Justice wherever necessary. Although Belgium recently began work on transposal, it still has difficulty keeping up with the implementation of successive adaptations to technical progress of Directive 67/548/EEC. On 29 May 1997 the Court of Justice found that Belgium had failed to meet its obligation to transpose on time Directives 93/21/EEC, 91/410/EEC and 93/90/EEC - all adapÜ tations of Directive (Joined Cases CÜ313/96, CÜ356/96 and CÜ358/96). Meanwhile the Commission is pursuing proceedings under Article 171 of the Treaty concerning the implementation of a Court judgment censuring Belgium for its delay in transposing another four Directives in another case the Court found that Belgium was late in transposing Directives 93/72/EEC and 93/101/EEC (Case CÜ190/97, judgment given on 11 December 1997). in this sectorØ(Ñ). Finally, 67/548/EEC infringement proceedings By contrast, Italy and Portugal have rectified their shortÜ comings. In 1997 the Commission terminated a number against both States, of including one against Italy for failing to transpose Directive 93/67/EEC following the Court judgment of 14 March 1996 (Case CÜ238/95). The Commission also shelved proceedings against France, Greece, Denmark, Spain, United Kingdom, Austria and Finland regarding (˛) Commission Directive 93/21/EEC of 27 April 1993 adapting to technical progress for the 18th time Council Directive 67/548/EEC, OJ L 110, 4. 5. 1993, p. 20. (ˇ) Commission Directive 96/54/EC of 30 July 1996 adapting to technical progress for the 22nd time Council Directive 67/548/EEC, OJ L 248, 30. 9. 1996, p. 1. (—) Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress for the 23rd time Directive 67/548/EEC, OJ L 343, 13. 12. 1997, p. 19. and (Ñ) Commission v Belgium, Joined Cases CÜ218/96, CÜ220/96, CÜ221/96 Directives 93/105/EEC, 92/69/EEC, 93/67/EEC and 92/32/EEC, judgment given on 12 December 1996; the judgment also concerned failure to notify measures implementing Directive 93/86/EC (labelling of batteries) (Case CÜ219/96). concerning CÜ222/96 transposal of Directive 94/69/EC, while pressing ahead with the cases against Belgium, Portugal and Ireland. The Commission has brought an action before the Court of Justice against Germany (Case CÜ192/97) because its legislation transposing the "Seveso’ Directive (Directive 82/501/EEC on the major accident hazards of certain industrial activities) is too restrictive with regard to the plants and substances covered. Another case has been referred to the Court against Italy (Case CÜ336/97) for failure to apply the Directive correctly in respect of emergency plans, inspections and control measures. In 1997 the Commission also sent a reasoned opinion to of Directive Spain its unsatisfactory 82/501/EEC, implementation of Article 8 (information on safety measures and on the correct behaviour to adopt in the event of an accident). incorrect in particular application for for It is worth noting that, with effect from 3 February 2001, Directive 82/501/EEC will be replaced by Directive 96/82/EC, which must be transposed by 3 February 1999Ø(Ò). The new Directive aims to extend the scope of its predecessor to cover more establishments which are a potential source of hazardous accidents and to develop the exchange of information between Member States. proceedings implementing The Commission against terminated Portugal and the United Kingdom for non conformity of measures 87/217/EEC (prevention and reduction of environmental pollution by asbestos), but continued its case against Ireland. The relevant Belgian legislation is still being scrutinised for conformity. Directive As regards Directive 86/609/EEC (protection of animals used for experimental and other scientific purposes), the Commission commenced actions in the Court of Justice against Belgium and Portugal (CÜ299/97) as their transposal legislation failed to meet to, the requirements of laboratory staff and the respectively, the training of results of experiments the mutual the Directive with regard (Case CÜ268/97) recognition of (Ò) Council Directive 96/82/EC of 9 December 1996 on the involving dangerous control of major accident hazards substances, OJ L 10, 14. 1. 1997, p. 13. C 250/60 EN Official Journal of the European Communities 10. 8. 98 carried out in other Member States, and inspections in establishments where animals are used. Infringement proceedings are still in motion against other States, in particular Luxembourg and incorrect transposal or incorrect application. Sweden has yet to notify measures the Directive’s provisions. implementing a number of Ireland, for The Commission still receives complaints concerning the application of the Directive, particularly as regards the use of stray dogs for experimental purposes and the welfare and accommodation afforded to animals used for experiments. As part of these complaints - a matter of great public interest - the Commission makes use of its contacts with the national is properly authorities to ensure that the Directive observed. investigation of its 90/219/EEC The Directives on genetically modified organisms (GMOs) - and 90/220/EEC (release) - were adapted to technical progress in 1994 by Directives 94/51/EC and 94/15/EC to Directive respectively. More recently Annex III 90/220/EEC by Directive 97/35/ECØ(˛). (contained amended been use) has Proposals have now been tabled for a more extensive revision of the two original Directives. In 1996 the Commission put forward a proposal to amend Directive 90/219/EEC, on which the Council adopted a common position in December 1997. The main aim of the proposal is to adapt administrative procedures to the real risks arising from activities involving GMOs, which will now be classified in four rather than two risk categories. The proposal defines minimum containment and control the measures procedure technical progress. At the end of 1997 the Commission adopted a proposal to revise Directive 90/220/EEC, which it laid before the Community legislature. The proposal seeks to introduce a more transparent approval procedure for the marketing of GMOs, to establish a system for the labelling of products using such organisms, to set out common principles for risk assessment and to adapt administrative procedures to the risks involved, including indirect ones. for each for adapting risk group and the Directive simplifies to (˛) Commission Directive 97/35/EC of 18 June 1997 adapting to technical progress for the second time Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms, OJ L 169, 27. 6. 1997, p. 72. Luxembourg has complied with the Court’s judgment of 17 October 1996 in Case CÜ312/95 and notified implementing Directives 90/219/EEC and measures 90/220/EEC. However, still not notified transposal measures in respect of Directives 94/15/EC and 94/51/EC, and the Commission has commenced proceedings in the Court because of these delays (Case CÜ339/97). it has In a judgment given on 29 May 1997 (Case CÜ357/96), the Court found that Belgium had failed to fulfil its obliÜ implementing gations by not notifying measures Directive 94/15/EC. As the Belgian authorities have still not taken appropriate remedial action, the Commission is pursuing infringement proceedings under Article 171 of the Treaty. The Commission has also brought an action before the Court concerning Belgium’s transposal of other Directives (Case CÜ343/97): Belgium has still not notified measures implementing Directive 94/51/EC and appears not transposed Directive 90/220/EEC. to have fully The Commission brought an action before the Court against Portugal for failing to notify measures transÜ posing Directive 94/51/EC (Case CÜ285/97). It also decided to refer a case against Germany for incorrect transposal of Directive 90/219/EEC, in particular Articles 14 (emergency plans), 15 (information supplied to the authorities by users in the event of accidents) and 16 the Member States on emergency plans and in the event of accidents). the Commission and (consultation between in concern progress proceedings Other the non conformity of transposal measures, for example in Portugal. However, the Commission has terminated a number of proceedings for failure to notify measures implementing Directive 94/51/EC Ireland, (United Kingdom, Spain) and Directive 94/15/EC Germany, Spain). (France, 13. 3. Water The Commission takes the task of monitoring implemenÜ tation of Directives seriously. Around a quarter of all current environmental infringement proceedings concern water. In addition, the Commission must respond to complaints and petitions to Parliament. Consequently, it spends quite a considerable amount of time on Community legislation on water quality. This state of affairs is a result of the quantitative and qualitative 10. 8. 98 EN Official Journal of the European Communities C 250/61 significance of the the responsibilities Member States by Community law, and also the growing public concern about water quality. imposed on A number of the proceedings currently under way relate to infringements of Directive 75/440/EEC concerning the quality required of surface water intended for the abstraction of drinking waterØ(˛). Some of the proceedings concern the drawing up of systematic organic action plans (Article 4(2)) as an essential part of the campaign to protect water quality (from excessive quantities of nitrates, pesticides, etc. ) Others are concerned with the criteria for obtaining exemptions under Article 4(3). The Commission dropped Article 171 proceedings against Belgium following the judgment of 11 June 1991 in Case CÜ290/89; legislation was passed in Wallonia on sampling and implementation of organic plans in the whole of Belgium. for However, the Commission took Germany to the Court of Justice on the basis of Article 171 (Case CÜ122/97), for failing to comply with the Court’s judgment of 17 October 1991 in Case CÜ58/89. In this earlier case, the Court had found against Germany because it had no systematic plan the country as a whole. The Commission brought two other actions against Portugal - one on organic plans (Case CÜ214/97) and another on the Commission sent France a reasoned opinion: in Brittany water polluted by nitrates had been used for the abstraction of drinking water, and no water management plan had been drawn up to restore the quality of the water in the longer term. Proceedings continue against Italy and the United Kingdom for failure to implement the Directive properly. (Case CÜ229/97). Furthermore, sampling increasingly common and water quality With regard to Directive 76/160/EEC concerning the quality of bathing water, monitoring of bathing areas is becoming is improving. However, infringement proceedings are still open against roughly half the Member States in cases where implementation still falls a long way short of the requirements laid down by the Directive. Proceedings continue against the United Kingdom over BlackpoolØ(ˇ); it has still not fully complied with the Court’s judgment. The Commission is still waiting for a judgment in Case CÜ92/96 against Spain. In the meantime it has brought (˛) More precise rules were laid down in Council Directive 79/869/EEC of 9 October 1979 concerning sampling and analysis. (ˇ) Commission v United Kingdom, judgment given on 14 July 1993, Case CÜ56/90. an action against Germany (Case CÜ198/97). In October 1997, the Commission decided to take Belgium to the Court on the grounds that monitoring procedures were insufficient and a number of bathing areas did reach the required standards. Proceedings were started against the three new Member States for failing to notify the Commission of their national implementing measures. Proceedings against Sweden have since been terminated but those against Austria and Finland (¯land) continue. to for over their individual the Court three cases implementation Proceedings have been started against most Member States of Directive 76/464/EEC on dangerous substances discharged into the aquatic environment and other Directives setting substances. The Commission levels referred in 1996 (Cases CÜ206/96, CÜ214/96 and CÜ285/96); Luxembourg, Spain and Italy had failed to notify the Commission of programmes aimed at reducing the water pollution by dangerous substances on list II in the Annex to Directive 76/464/EEC, or their programmes were unsatisfactory. The Court has not yet given judgment in these cases. In 1997 the Commission brought actions against Germany, (Cases Belgium and Portugal on CÜ184/97, CÜ207/97 and CÜ213/97). The Commission has now started proceedings against other Member States. It has also brought an action against Portugal before the Court for incorrect transposal of Directive 84/156/EEC on mercury discharges (Case CÜ208/97). similar grounds that inadequate industrial discharges) and The Commission notes reduction programmes are at the root of many infringements of the Directive (pollution of watercourses through agricultural that a comprehensive or approach is the only way of tackling the numerous isolated problems. Furthermore, several Member States do not automatically require prior authorisation to be obtained for discharges. The cases involving Greece now before (Lake the Court provide a good example Vegoritis, CÜ232/95 and the Gulf of Pagasitikos, CÜ233/95). Directives On 7 November 1996 the Court delivered its judgment in Case CÜ262/95. It found that Germany had failed to fulfil its obligations by using administrative circulars to (mercury), implement 83/513/EEC (mercury), 84/491/EEC (HCH) and 86/280/EEC (various dangerous substances). Germany has now notified the Commission of a regulation which properly transposes the Directives, thus enabling the proceedings to be terminated. 82/176/EEC 84/156/EEC (cadmium), C 250/62 EN Official Journal of the European Communities 10. 8. 98 The Court of Justice has also been asked for two preliminary rulings by the Dutch Raad Van State (Cases CÜ231/97 and CÜ232/97) concerning interpretation of Directive 76/464/EEC, and particularly the definition of the term "discharge’ with regard to polluted vapours concentrating directly or indirectly in surface waters and leaching of creosoted wood (creosote is derived from tar and is used as an antiseptic) into surface waters. The second question also relates to the meaning of the term "pollution from significant sources’, as in Directive 86/280/EEC on limit values for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC. it appears and so the matter was referred to the Court, which has yet to deliver a judgment (Case CÜ340/96). Proceedings are also under way against Portugal for non compliance. Following the submission of a petition to Parliament, the Commission has also initiated proceedings against France concerning the distribution of water in the d~partement of Eure (nitrates present in water). Lastly, Austria appears to have implemented the Directive incorrectly, with the exception of the provisions relating to nitrates and pesticides. adopted The Commission has dropped a number of proceedings started against Belgium, France and Spain on the grounds they had not properly implemented Directives 78/659/EEC on freshwaters supporting fish life and 79/923/EEC on shellfish waters. The three Member satisfactory measures. States have now However, Article 171 pre litigation procedures continue against ItalyØ(˛) and GermanyØ(ˇ) in respect of Directive 78/659/EEC: in Italy’s case, the problems centred on the designation of areas while Germany had problems with determining binding values and drawing up programmes. Article 169 proceedings continue against the United Kingdom because its implementing measures do not comply. failure in Case CÜ225/96 on On 4 December 1997, the Court of Justice gave to judgment Italy’s implement Directive 79/923/EEC. The Court found that Italy had not fulfilled its obligations: it had not drawn up programmes to reduce pollution, had not set values certain dangerous (binding or substances, and had not designated all waters qualifying as (waters requiring protection or improvement in order to sustain the life and growth of shellfish). shellfish waters recommended) for the Commission incorrect receives many complaints Though concerning implementation of Directive 80/778/EEC on the quality of water intended for human consumption, not all of them result infringement proceedings as the burden of proof is on the Commission complainants often have problems obtaining and evidence. However, in the case concerning undertakings given by the British authorities, the Commission felt that they were unsatisfactory both in substance and in form, in (˛) Judgment given on 9 March 1994, Case CÜ291/93. (ˇ) Judgment given on 12 December 1996, Case CÜ298/95. After the Commission had commenced an action in the Court (Case CÜ49/97), France withdrew two adminisÜ trative circulars authorising distribution of water containing nitrates and pesticides far in excess of the limits. Proceedings started against Belgium and Italy for exceeding pesticide limits were also dropped; both have now acted to ensure levels no longer exceed the limits. A number of infringement proceedings have been implementation of Directive initiated with regard to 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances. The Commission dropped the Article 171 proceedings started against Germany for failing to implement the Court’s judgment of 28 February 1991 in Case CÜ131/88 (which found that German legislation did not comply with Community legislation) but it has referred another case, concerning non compliance by Portugal, to the Court is still checking (Case CÜ183/97). The Commission whether Irish and French legislation complies. The Commission is also considering infringement proceedings against the United Kingdom. Proceedings against the region of Corinth in Greece have been dropped. In letter, Sweden has now response to an Article 169 notified the Commission of its implementing measures. The Community has two legislative instruments aimed specifically at combating pollution from phosphates and nitrates, and the resulting eutrophication. The first, Directive 91/271/EEC, concerns urban waste water treatment. Member States are required to ensure that, from 1998, 2000 or 2005, depending on population size, all cities have collecting systems for urban waste water. Up to now, the Commission’s task has been restricted implementing measures complied with the Directive. It initiated Article 171 pre litigation proceedings following confirmation by to checking that 10. 8. 98 EN Official Journal of the European Communities C 250/63 the Court of Justice that GreeceØ(˛), GermanyØ(ˇ) and ItalyØ(—) had not adopted the necessary implementing measures and had thus failed to fulfil their obligations. Though Greece has since rectified the situation, the other two have not. The Commission is also continuing with proceedings against Portugal and Spain. Finland, however, has notified the Commission of its planned action been terminated. This Directive plays a fundamental role in the campaign for clean water and against eutrophication; the Commission is particularly eager to ensure that it is implemented on time. Through the Cohesion Fund, the Community is also supporting the Member States’ efforts to install the necessary facilities. programmes proceedings have and The second anti eutrophication measure is Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. A large number of infringement proceedings have been initiated to enforce this Directive. They have focused on a number of problems: adoption of implementing measures, designation of vulnerable areas, drawing up of codes of practice for agriculture, drawing up of action programmes and reporting on implementation of the Directive. Four cases have been referred to the Court of Justice. Case CÜ227/97 against Portugal has been dropped as the problems have now been resolved, but the cases against Spain, Greece and Italy continue (Cases CÜ71/97, CÜ173/97 and CÜ195/97 respectively). There are other proceedings under way against almost all Member States, for failure to comply with one or other of the Directive’s provisions. The Court of Justice was asked for a preliminary ruling by a British court (Case CÜ293/97) on the definition of "waters affected by pollution’. Under Article of Directive 91/676/EEC, areas draining into water known to be affected by pollution must be designated as vulnerable zones. Lastly, it should be pointed out that Community legisÜ lation on water is currently being revised to reflect the (˛) Judgment given on 2 March 1996, Case CÜ161/95. (ˇ) Judgment given on 12 December 1996, Case CÜ297/95. (—) Judgment given on 12 December 1996, Case CÜ302/95. or changes which have taken place in the twenty years since the policy was first formulated. This involves introducing stricter standards and introducing the concept of river basin management. In February 1997, the Commission proposed a framework Directive aimed at harmonising water quality parameters and protecting all types of water. Once adopted and implemented, the Directive will replace a number of existing Directives on groundwater (Directive 80/68/EEC) and surface water to be used for drinking water (Directive 75/440/EEC) or for fish (Directive (Directive 78/659/EEC) in Directive 79/923/EEC). The regulations set out 76/464/EEC related (discharges implementing Directives should also come within the scope of the framework Directive. Other subjects will continue to be dealt with by specific Directives, though changes will be made to them too. The Council has already adopted a common position on a Commission proposal for amendments to Directive 80/778/EEC on drinking water. Directive 76/160/EEC on bathing water is still in the process of being revised; an amended proposal was adopted by the Commission in November 1997. Lastly, Directive 96/61/EC concerning integrated pollution prevention and control (IPPC), referred to above, contains rules on water pollution. into water) and shellfish 13. 4. Noise traffic Implementation of Directives on noise poses fewer problems than those in other areas. The Directives in question set standards for new products. They do not to ambient noise from multiple sources (for apply example, noise jams or in cities caused by industrial activity near residential areas). However, the 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. Nevertheless, proceedings were initiated in respect of old and noisy aeroplanes using Brussels (Zaventem) and Ostend airports; this constituted an infringement of Directive 92/14/EEC on the limitation of the operation of certain categories of aeroplanes. it of in notifying The Commission took Italy and Belgium to the Court of Justice (Cases CÜ324/97 and CÜ326/97 respectively) over delays implementing measures for Directive 95/27/EC amending Directive 86/662/EEC limitation of noise emitted by hydraulic on excavators, rope operated excavators, dozers, loaders and excavator loaders. But it dropped proceedings against Ireland, Greece, France and Luxembourg over the C 250/64 EN Official Journal of the European Communities 10. 8. 98 delays in implementing Directive 95/27/EC, and against Austria over Directive 86/594/EEC on airborne noise emitted by household appliances. waste disposalØ(˛), which is now being examined by the Community legislature. The Court of Justice was asked for a preliminary ruling (Case CÜ389/96) concerning the relationship between Directive 80/51/EEC (aircraft noise) and Article 30 of the Treaty (free movement of goods), with regard to German regulations banning the registration of aircraft which exceeded certain noise limits but which were already registered in other Member States while allowing the continued use of craft registered in Germany before the regulations came into force. The Court has yet to deliver its ruling. 13. 5. Waste amended 75/442/EEC With regard to the Framework Directive on waste (Directive by Directive 91/156/EEC), Spain and France have still not notified the Commission of measures implementing the amended provisions and the Court of Justice duly acknowledged on 5 June 1997 that they had failed to fulfil their obliÜ gations (Cases CÜ107/96 and CÜ223/96 respectively). Since neither has complied with the judgments, the Commission is considering Article 171 proceedings. Several Member States have yet to comply fully with the Directive, though the problems with Ireland have been solved. Most of the difficulties concern application. This is at the root of the large, though shrinking, number of complaints primarily concerned with dumping of waste (proliferation of uncontrolled dumps, controversial siting of planned controlled tips, mismanagement of lawful tips, water pollution caused by directly discharged waste. The Directive requires that prior authorisation be obtained for waste disposal or reprocessing sites; in the case of waste disposal, the authorisation must also lay down operating terms designed to limit the environÜ mental impact. However, the Commission’s scope for action on waste disposal is particularly limited as there is as yet no detailed Community rules specifically addressing the issue. However, the situation is changing: in March 1997 the Commission adopted a proposal for a Directive on As it is, the individual cases of illegal dumping which come to light suggest wider problems with implemenÜ tation of the Directives governing waste; these problems may arise from a lack of satisfactory waste management plans or, in some cases, any plan at all. The problem with environmentally unsound waste disposal in KourÜ oupitos in Crete, and the lack of any waste management plan to deal with it, prompted the Commission to take Greece to the Court of Justice, which, in its judgment of 7 April 1992 in Case CÜ45/92 found that Greece had infringed Community law. Greece did not properly comply with this judgment, so the Commission decided to refer the matter back to the Court, in accordance with Article 171 of the Treaty. In a similar case in Campania in 171 infringement proceedings started following the Court’s judgment of 13 December 1991 (Case CÜ33/90). In another case, however, the Commission decided to take Italy to the Court of Justice over an illegal tip in the San Rocco valley. the Commission dropped Article Italy, Given that planning is such an important part of waste management - a point illustrated by the examples above - the Commission decided in October 1997 to start infringement proceedings against all Member States except Austria, the only one to have established a planning system for waste management. The focus of the procedures varies - from the lack of plans required under Article 7 of the framework Directive, to plans for management of dangerous waste, provided for by Article 6 of Directive 91/679/EEC, to packaging waste, for which special planning is required under Article 14 of is Directive 94/62/EC. Furthermore, the Commission continuing with Article against Germany for failing to implement in full the Court’s judgment of 10 May 1995 (Case CÜ422/92) regarding the lack of management plans for dangerous waste in a number of L…nder. 171 proceedings Under Community law, management plans must cover all waste falling within the scope of the Directive, must deal with the type, quantity and origin of the waste to be reprocessed or disposed of, and must contain general technical rules as well as special provisions on particular types of waste and specify what sites and what plants are suitable for waste disposal. Management plans must aim (˛) COM(97) 105. 10. 8. 98 EN Official Journal of the European Communities C 250/65 to limit production, reduce the amount of waste, switch to recycling, minimise the environmental risks involved in disposal and create an integrated network of wasteÜ disposal plants with sufficient capacity. It is clear from these ambitious objectives that the Member States need to formulate plans covering their whole territory and to update them regularly. On two occasions in 1997, the Court of Justice clarified the definition of the term "waste’ as it appears in Article 1 of the Framework Directive, on which all subsequent Directives on waste are based. In its judgment of 25 June 1997 (Joined Cases CÜ304/94, CÜ330/94, CÜ342/94 and CÜ225/95, Euro Tombesi et al), given in response to a request for a preliminary ruling from an Italian court, the Court of Justice found that "waste’ is not to be understood as excluding substances and objects which are capable of economic re utilisation, even the materials in question may be the subject of a transaction or quoted on public or private commercial lists. Following a request for a preliminary ruling from a Belgian court, the Court of Justice, in its judgment of 18 December 1997 (Case CÜ129/96, asbl InterÜenvironÜ nement Wallonie contre R~gion wallonne) found that a substance is not excluded from the definition of waste in Community law by the mere fact that it directly or indirectly industrial production process. integral part of an forms an if initiated is supplemented by Directive Directive 75/442/EEC infringement 97/689/EEC on dangerous waste. The proceedings the notify to Commission of implementing measures have had at least some of the desired effects. It dropped those against Ireland, Sweden, Greece, Italy, Denmark, France, Portugal, Luxembourg and Spain when it was notified of their implementing measuresØ(˛). failure for The Directives on batteries and accumulators containing certain and substances 93/86/EEC) are still a source of problems for some Member States. (91/157/EEC dangerous (Case CÜ219/96) and notified Firstly, since they were not transposed on time, the Commission took several Member States to the Court of Justice for failure to notify it of implementing measures, and won. Belgium complied with the judgment on 12 the December 1996 Commission of the Belgian implementing measures for Directive 93/86/EEC. Italy took steps to rectify the situation after Article 171 proceedings were started for non compliance with the judgment of 11 July 1996 (Case CÜ303/95), establishing transposed that Directive 91/157/EEC. The Court has yet to deliver its judgment in Case CÜ286/96 concerning Directive 93/86/EEC. In its judgment of 29 May 1997 the Court found that France had not transposed the two Directives (Joined Cases CÜ282/96 and CÜ283/96). The Commission will initiate Article 171 proceedings in the hope of enforcing the judgment. Lastly, Germany was also found not to have transposed the two Directives in a judgment of 13 November 1997 (Case CÜ236/96). it had not initiated Secondly, the Commission has infringement proceedings against Member States which have not yet set up programmes under Article 6 of Directive 91/157/EEC. Cases involving Spain (Case CÜ298/97) and Belgium (Case CÜ347/97) have been referred to the Court, and others involving Greece, France and Italy will be soon. Proceedings against Portugal continue but those against the United Kingdom have been dropped as the Commission has now been notified of a revised programme covering Northern Ireland and Gibraltar. Directive 94/62/EC on packaging and packaging waste, due to be transposed by 30 June 1996, contains an innoÜ vative Article regarding the transposal of Directives. Under Article 16 draft implementing measures must be sent to the Commission and the Member States for scrutiny prior to adoption, in accordance with the procedure laid down by Directive 83/189/EECØ(ˇ). The procedure includes a three month waiting period; only once this has expired can the Member State adopt the draft measure. This gives the Commission and the other Member States time to examine whether the draft is compatible with Community regulations on the free itself, movement of goods and with the Directive (˛) The Commission had brought an action before the Court of Justice (Case CÜ72/97) but withdrew when notified of the measures. (ˇ) Council Directive 83/189/EEC of 28 March 1983 providing for a notification procedure for technical standards and regulations (OJ L 109, 26. 4. 1983, p. 8), last amended by Directive 94/10/EC of the European Parliament and the Council of 23 March 1994 (OJ L 100, 19. 4. 1994, p. 30). C 250/66 EN Official Journal of the European Communities 10. 8. 98 and to warn the Member State wishing to adopt it of any potential problems. By bringing together the Commission and the Member States to discuss transposition, Article 16 helps prevent problems with the measure itself or the way in which it is applied. Member States have, on the whole, observed Article 16, though most of them were in transposing the Directive and some have still not implemented all its provisions initiated infringement proceedings wherever it deemed necessary. full. The Commission has late in Furthermore, certain courts in the Member States have asked the Court of Justice for preliminary rulings on the interpretation of Regulation (EEC) No 259/93. For example, in Case CÜ192/96Ø(˛), the Dutch Raad van State asked the Court to rule on what effect sorting and similar measures would have on how the waste was categorised under the Directive and on the powers of the country of dispatch and the country of destination. On certain matters, where the Regulation refers to the Framework Directive, questions concerning the ReguÜ lation may also concern the Directive. For instance, in the same case, the Court was asked to rule whether the concept of storage of waste to be recycled by one of the processes referred to in Annex II. B to the Directive included recycling company irrespective of its location, i. e. whether inside or outside the Community. storage pending shipment to a As well as seeing to official transposal of Directive 94/62/EC, the Commission has to ensure that the national implementing measures comply. A number of problems have been cleared up using the Article 16 notification procedure referred to above but, of course, that procedure does not apply to measures adopted before the Directive entered into force (on 31 December 1994). There is nothing to prevent a Member State from notifying instrument, the Commission of an old predating the Directive in question, if, in the Member State’s view, it will implement that Directive in full and meet all the obligations arising from it. This is precisely what some Member States have done; others have notified the Commission of new drafts in conjunction with existing legislation and regulations. This approach enabled identify problems with Denmark, which had banned metal drink cans and other types of non reusable packaging. This was not permissible under the Directive, so the Commission initiated infringement proceedings. the Commission to The Commission has started proceedings against Germany and France for preventing the transportation of certain types of waste in contravention of Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community. This Regulation often causes problems in cases where the nature of the waste is at issue, as the rules to be applied differ according to the degree of toxicity of the waste. Similarly, determining the type of processing the waste will undergo once it has been shipped is also a problem: the procedures, and indeed the authorities’ power shipment differ according to whether the waste is to be disposed of or recycled. to prohibit Lastly, in Case CÜ203/96Ø(ˇ), the Court of Justice was asked for a preliminary ruling on whether the principles of self sufficiency and proximity applied only to the shipment of waste to be disposed of between Member States, or whether it also applied to waste to be recycled. The Court was also asked whether restrictions on the movement of waste to be reused in some way (recycled, composted or incinerated for energy) were any less tight than for waste to be disposed of (incinerated with no use of the energy thus produced, or tipped), or whether Member States could apply the same, more restrictive set of rules to both categories. more specialised Directives. Proceedings are also under way against infringements of other, Directive 86/278/EEC on the protection of the soil, when sewage sludge is used in agriculture, rarely gives rise to disputes. the Following notification of Commission has dropped Article 171 proceedings against Belgium for failing to comply with the Court’s judgment of 3 May 1994 (Case CÜ260/93), in which the Court found that Belgium had not implemented the Directive in full. satisfactory measures, (˛) Request for a preliminary ruling by the Raad van State of the Netherlands, in Beside BV and I. ØM. Besselsen v VROM. (ˇ) Request for a preliminary ruling by the Raad van State of the Netherlands, in Chemische Afvalstoffen Dusseldorp BV et al v VROM. 10. 8. 98 EN Official Journal of the European Communities C 250/67 against continue Portugal for Proceedings non compliance with Directive 75/439/EEC on the disposal of waste oils, the first Community Directive on waste. The Commission also referred a case involving Germany to the Court of Justice (Case CÜ102/97). The problem concerns regeneration of used oils. The Commission is asking the Court to find that Germany has infringed the Directive by failing to give preference to recycling of used oils over heat treatment even where recycling was technically and economically viable. Lastly, with regard to the disposal of PCB and PCT, two particularly dangerous products, Directive 96/59/ECØ(˛), which supersedes Directive 76/403/EEC, must be transposed by the Member States by 16 March 1998. 13. 6. Nature There are two major Community Directives aimed at protecting nature: Directive 79/409/EEC on the conserÜ vation of wild birds and Directive 92/43/EEC, making increased demands on the Member States with regard to the conservation of natural habitats and of wild fauna and flora. 91/244/EEC There has been some progress regarding the transposal of Directive 79/409/EEC, but there have also been some less encouraging developments. The Commission has terminated proceedings against Greece (Case CÜ330/96) for failing to notify it of national implementing measures for Directive amending Directive 79/409/EEC. It has also dropped the pre litigation proceedings started against Finland for the same reason. But some issues, first and foremost the legal status of measures designed to protect certain species, have not been resolved: national laws still do not comply with Community law in a number of areas (hunting, reguÜ lation of species and trade). Article 171 proceedings are under way against BelgiumØ(ˇ) (Articles 5 and 9) and FranceØ(—) (Article 5): sixteen years after the Directive entered into force and ten years after the judgments were given, they have still not implemented the Directive properly and in full. The Commission decided to refer (˛) Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT), OJ L 243, 24. 9. 1997, p. 31. the case involving Belgium to the Court of Justice in December 1997, but the situation is likely to have been rectified before the application is submitted, in which case the Commission will drop the case. Article 169 proceedings concerning implementation of the hunting provisions are still open against Spain, France, Italy and Finland. A case involving Germany was referred to the Court of Justice under Article 171 (Germany had failed to comply with the Court’s finding that German legisÜ lation did not properly implement Article 5 or Article 8)Ø(Ñ). However, when the Saarland adopted new provisions, the Commission was able to terminate the proceedings. The long line of cases decided by the Court of Justice provides a clear interpretation of Directive 79/409/EEC. In its judgment of 12 December 1996 in Case CÜ10/96 (Ligue royale belge pour la protection des oiseaux et AVES asbl v. R~gion Wallone) the Court confirmed its consistently strict interpretation of Articles 5 and 9 of the DirectiveØ(Ò). Case CÜ10/96 centred on the taking into captivity of protected birds for breeding. When the transposal deadline for Directive 92/43/EEC expired in June 1994, a number of Member States had not notified the Commission of all, or in some cases, any of the measures required to implement the Directive. The main provisions still to be transposed are Article 6 on the protection of habitats in the special conservation sites which are to be set up, and Articles 12 to 16 on protection of species. to notify the Commission of On 26 June 1997, the Court of Justice found in Case CÜ329/96 that Greece had not fulfilled its obligations by failing implementing measures. On 11 December 1997 a similar judgment was given against Germany in Case CÜ83/97. Cases involving Italy and Portugal were also referred to the Court (CÜ142/97 and CÜ88/97 respectively) but were dropped when both adopted satisfactory implementing measures. against France Infringement proceedings (Article 6) and Finland (problems with the ¯land Ireland were islands), while proceedings terminated when it adopted new legislation in February 1997. Proceedings are also open against Spain for its failure to implement Article 16 of the Directive. continue against (ˇ) Regarding the Court’s judgment of 8 July 1987, Case (Ñ) C 121/97, initial judgment delivered on 3 March 1990, Case CÜ247/85. CÜ288/88. (—) Regarding the Court’s judgment of 27 April 1988, Case CÜ252/85. (Ò) E. g. its judgments of 8 July 1987 in Cases CÜ262, Commission v Italy, and CÜ247/85, Commission v Belgium. C 250/68 EN Official Journal of the European Communities 10. 8. 98 79/409/EEC of Directives large number of complaints and One practical problem which sometimes arises with implementation and 92/43/EEC is the potential conflict between the need to protect sites and species on the one hand and economic and social considerations on the other. This accounts for the infringement proceedings regarding unsatisfactory implementation as a result of very specific and localised problems. At the that Directives same 79/409/EEC and 92/43/EEC are two of the best known pieces of Community environment legislation and the practical ways in which they help protect nature are widely acknowledged. The number of complaints concerning implementation of the Directives must be seen both as a measure of their success and an indicator of the work still to be done by the Member States. to be welcomed time, is it is, however, a growing appreciation of the There intentions behind Directive 92/43/EEC. The Directive takes a novel approach: gradual, step by step building up of the Natura 2000 network; extensive discussions between the Commission and the Member States; a legal set up for special conservation sites which paves the way for management plans (possibly even contractually binding ones) and makes allowance for exemptions from the ban on deterioration and disturbance where this conflicts with overriding public interests. The Commission’s main goal in this area is to protect the various types of habitat and the sites containing them. The Community’s Natura 2000 network linking all sites set up under Directive 92/43/EEC is an essential step towards achieving this. abandoned its policy of refusing even to start the process of selecting sites and has sent in the names of over five hundred proposed sites, though the information provided is insufficient. In many cases, the details given on sites and the species they support are neither complete nor appropriate. This makes it difficult to proceed to the subsequent stages of the plan laid down in Directive 92/43/EEC, but the Commission is pressing ahead and is trying to ensure that the delays do not jeopardise the setting up of the Natura 2000 network. In an attempt to rectify the situation, the Commission has initiated infringement proceedings against most of the offending Member States. And it will maintain its stricter policy with regard to the grant of Community funding for conservation of sites under the LIFE ReguÜ lation on sites being integrated or already integrated into the Natura 2000 network. Furthermore, it scrutinises the Structural Funds requests (particularly objectives 2 and 5b) very thoroughly for compliance with environmental regulations. for cofinancing from I to the Directive and migratory Problems also frequently arise with Article 4 of Directive 79/409/EEC, which requires that sites be designated special protection areas for wild birds wherever the objective ornithological criteria are met. These are sites which provide a habitat for the species referred to in species. Annex Particular importance is attached to the protection of wetlands, especially those of international significance. There is no question as to the meaning of Article 4, as interpreted by the Court of Justice in its judgment of 11 July 1996 (Case CÜ44/95) concerning the Lappel Bank site in the Medway estuary near the port of Sheerness in Kent (United Kingdom): special protection sites must be selected and their borders drawn on the basis of ornithoÜ logical and ecological criteria only; economic and social criteria may not be taken into consideration. In 1997 the Member States made progress in proposing the meaning of Directive conservation sites within 92/43/EEC. the them had provided (None of Commission with a full list of proposed sites by June laid down by the Directive. ) In 1995, the deadline particular, Belgium and Greece notified the Commission of lists which the authorities in those countries deemed complete, while most of the other Member States (Portugal, Austria, the Netherlands, Italy, the United in fairly comprehensive, Kingdom and Sweden) sent though still incomplete lists. Lagging furthest behind at the end of 1997 were Luxembourg (no sites) and two L…nder only). France has Germany (sites for Though the special protection sites for wild birds are set to join the Natura 2000 network, the obligation imposed by Directive 79/409/EEC is legally quite distinct from the obligation under Directive 92/43/EEC concerning the creation, in stages, of the Natura 2000 network linking all sites of Community importance containing any of the species or habitats referred to by Directive 92/43/EEC. Areas should have been designated as special protection sites when the Directive entered into force in 1981. But existing sites in a number of Member States are still too few in number or cover too small an 10. 8. 98 EN Official Journal of the European Communities C 250/69 area. In 1998 the Court should deliver its first judgment in an infringement case against the Netherlands (Case CÜ3/96). The Commission continuing with proceedings against other Member States. is locations: Fuerteventura in the Canary Islands (Spain), the Waddenzee area (Netherlands), Baixo Vouga Lagunar (Portugal) and the Marais Poitevin, the Baie de Canche, the Plaine des Maures, the Vall~e de l’Aude and (all France). The Commission welcomes Vingrau France’s decision to designate the Loire estuary as a special protection site. fulfilling The Commission large numbers of is still receiving complaints about infringements of Community legislation on nature. The two main problems are the failure to designate areas the objective ornithological criteria as special protection areas and projects affecting sites. In the first case, the Commission continues to investigate it individual complaints carefully, tends to deal with them through the general proceedings referred to above concerning the overall lack of special protection sites. In most cases, the problems complained of are settled while the matter is still being investigated, before Article 169 letters are sent. though Regarding projects with a potential effect on sites which have been or are likely to be designated as special protection sites, Article 6 of Directive 92/43/EEC prohibits significant deterioration or disturbance except under certain conditions. First an impact assessment must be carried out and alternative sites must be sought for the project. If there are no alternatives, the project may be carried out, but only then if there are imperative reasons of overriding public interest, including economic reasons, compensation is provided and the Commission is notified. Many complaints concern the fact that these conditions have not been met. is pressing The Commission ahead with also infringement proceedings in certain key cases. Following the Court judgment on the Santoýa marshes in SpainØ(˛), it is continuing with Article 171 proceedings. These have met with some success but the result is not yet entirely satisfactory. Another case the Commission has referred to the Court (Case CÜ166/97) involves the Seine estuary: the special protection site is unacceptably small, is not properly protected and is being developed in a way which is incompatible with Article 6. Other proceedings in the following currently under way concern sites (˛) Judgment of 2 August 1993, Case CÜ355/90. now notified of Finland has for Directive 83/129/EEC implementing measures concerning the importation of skins of seal pups. The infringement proceedings against it have been dropped. the Commission Directive 79/409/EEC has been amended by Directive 97/49/ECØ(ˇ). The new Directive, which must be transposed into national law by 30 September 1998, removes the Phalocrocorax carbo sinensis sub species from Annex I (the list of protected bird species). The Council adopted Directive 97/62/ECØ(—) adapting Directive 92/43/EEC to technical and scientific progress by amending Annex I (list of habitat types requiring designation of special conservation areas) and Annex II (species requiring designation of special conservation areas). implementation Lastly, Regulation (EC) No 338/97Ø(Ñ) on the protection of species of wild fauna and flora by regulating trade therein has superseded Regulation (EC) No 3626/82 on in the Community of the 1973 the in international Washington Convention on endangered species of wild fauna and flora (the "Cites’ Convention). The annexes to the new Regulation, which entered into force on 1 June 1997, have been amended by Regulation (EC) No 938/97Ø(Ò) of 26 May 1997 trade (ˇ) Commission Directive 97/49/EC of 29 July 1997 amending Council Directive 79/409/EEC on the conservation of wild birds, OJ L 223, 13. 8. 1997, p. 9. (—) Council Directive 97/62/EC of 27 October 1997 adapting to technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ L 305, 8. 11. 1997, p. 42. (Ñ) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by reguÜ lating trade therein, OJ L 61, 3. 3. 1997, p. 1. (Ò) Commission Regulation (EC) No 938/97 of 26 May 1997 amending Council Regulation (EC) No 338/97, OJ L 140, 30. 5. 1997, p. 1. C 250/70 EN Official Journal of the European Communities 10. 8. 98 and, following the meeting of the parties to the Cites Convention in Harare in June 1997, by Regulation (EC) No 2307/97Ø(˛) of 18 November 1997. In addition, Regulation (EC) No 939/97Ø(ˇ) of 26 May 1997 laid down detailed rules concerning implementation of ReguÜ lation (EC) No 338/97 with regard to import permits, export permits and re export certificates. 13. 7. Radiation protection Infringement proceedings continue against Luxembourg and the Netherlands, whose national legislation does not comply with Council Directives 80/836/Euratom or 84/467/Euratom on basic safety standards for health protection against ionising radiation. Proceedings have also been started against the three new Member States, (Austria, Finland and Sweden) for failing to notify the Commission of implementing measures for the same two Directives during the transition period which ended on 1 January 1997. The proceedings against five countries are somewhat problematic as the Directives are set to be repealed by the new Directive 96/29/Euratom on 13 May 2000. these In September 1997 Portugal finally completed transposal of Council Directive 84/466/Euratom on protection of persons undergoing medical examination or treatment. The Commission withdrew the action it had brought before the Court of Justice (Case CÜ96/276). In Case CÜ96/21, the Court found on 9 October 1997 that Spain had failed to implement certain Articles of the Directive. Italy adopted a number of implementing measures in laws that would February 1997 and presented draft complete the process of transposal and Belgium is set to publish a new implement the instrument which will Directive. Proceedings against these two countries are likely to be terminated. Proceedings against Ireland the to sent continue, however. The Commission has not been passed and is undergoing technical revision. legislation In response to a reasoned opinion concerning Council Directive 89/618/Euratom on the general public in the event of a radiological emergency, information for (˛) Commission Regulation (EC) No 2307/97 of 18 November 1997 amending Council Regulation (EC) No 338/97, OJ L 325, 27. 11. 1997, p. 1. (ˇ) Commission Regulation (EC) No 939/97 of 26 May 1997 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97, OJ L 140, 30. 5. 1997, p. 9. instruments aimed at Germany has passed measures implementing parts of the Directive which it had previously neglected. However, transposal is still not complete. France has produced several draft implementing the Directive in full and the Commission has made recomÜ mendations on them. Proceedings against France will be dropped once these have been adopted. Spain, Finland and Sweden’s response letters to addressed to them have yet to be examined. the Article 169 Belgium, Greece, Spain and Portugal have now notified the Commission of measures implementing Council Directive 90/641/Euratom on protection of outside workers from radiation. Infringement proceedings will be duly terminated. France has issued a new decree but it does not the infringement proceedings will continue. the Directive implement full, so in Lastly, Council Directive 92/3/Euratom on international shipments of radioactive waste has not yet been transposed by Belgium or Germany, though they have notified the Commission of draft implementing measures. Consequently, the Commission decided in 1997 to refer both cases to the Court of Justice. Austria, Greece and Sweden, on the other hand adopted their implementing measures in 1997. The proceedings against them have been dropped. 13. 8. Progress in environment implementing Directives applicable to the Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 139 139 141 144 143 139 139 139 139 139 135 143 137 137 139 121 139 133 140 142 133 136 135 136 137 131 138 132 133 133 % 87 100 94 97 99 96 98 97 98 99 97 97 96 97 96 10. 8. 98 EN Official Journal of the European Communities C 250/71 Note: this table concerns the following Directives: Background: 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. Air: 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. 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, 97/62. 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, 96/54, 97/35. Radiation protection: 80/836, 84/466, 84/467, 89/618, 90/641, 92/3. TRANSPORT 14. INTRODUCTION Though there was in the number of little change transport Directives compared with 1996, fourteen were repealed and there were nineteen new ones due for transposal. Half of the new Directives whose deadlines for transposal have just expired were aimed at bringing Community rules on the transportation of hazardous goods and maritime safety into line with the new interÜ national agreements. Most of the repealed Directives were removed as part of the Commission’s rationalÜ isation and clarification campaign which involved consolidating legislation in the interests of openness. For legisÜ example, Directive 96/26/EC consolidated the lation governing access the occupation of road haulage/passenger transport operator and Directive 96/53/EC redrafted the rules on maximum vehicle size and weight. These new Directives should make the rules easier to apply. to Like late last year, most Member States were very adopting national implementing measures and in many cases they did so only after infringement proceedings had been started. No fewer than two thirds of the Member States were infringement the proceedings relating to the nineteen new Directives. Thus the transposal rate is significantly down from 1996. subject of 15. SITUATION SECTOR BY SECTOR 15. 1. Road transport The first Community legislation aimed at approximating the Member States’ national standards on the transporÜ tation of hazardous goods entered into force in 1997. Until then, it had been governed by international rules - the UN’s Agreement concerning the international carriage of dangerous goods by roads (ADR) and the Intergovernmental Organisation International Carriage by Rail’s Regulations concerning the carriage of dangerous goods by rail (RID). These agreements did not cover domestic transport within the Member States. In order to keep the international and Community rules together, the ADR and the RID were annexed to the Community Directives. for Directive 94/55/EC on the transportation of dangerous goods by road, as amended by Directive 96/86/EC, applies the ADR to domestic and international transporÜ tation alike. The Directive has been transposed into national law by thirteen Member States. In addition to these two Directives, Directive 95/50/EC strives to harmonise checks on the transportation of dangerous goods by road, in order to enforce safety rules more effectively. Ten Member States have notified the Commission of the national implementing measures for this Directive. With regard to the maximum size and weight of vehicles, Directive 96/53/EC brings together in a single, new instrument two Directives, both of which had been amended several times, i. e. Directive 85/3/EEC on the weights, dimensions and certain other technical characÜ teristics of and Directive 86/364/EEC relating to proof of compliance of vehicles vehicles certain road C 250/72 EN Official Journal of the European Communities 10. 8. 98 with Directive 85/3/EEC. Only Belgium, Denmark, Finland, Luxembourg, Portugal and Spain have notified the Commission of their national measures implementing the new Directive. Infringement proceedings have been started against all other Member States. licences. The Commission concerning the implementation of the new provisions on driving few complaints on application of Community law in this field, which suggests that the older Directives have been properly transposed and implemented. receives on besides driving licences: There is concern regarding the transposal of Directive 91/439/EEC the infringement proceedings started against Austria, France, Germany and Portugal for partial notification, an examÜ ination of national implementing measures revealed that they failed to comply with the Directive on a number of points, thus triggering further infringement proceedings. The problems cover a wide range of areas, including minimum age for a vehicle category, renewal of licences for EU citizens no longer residing in the Member States of issue, the criteria for vehicles used for tests, the duration of the practical test, and minimum requirements in terms of physical and mental aptitude. One problem is to the automatic registration of drivers who move from one country to another: several Member States have devised procedures which are incompatible with the principle of mutual recognition of driving licences. licences belonging With regard to tax matters, the Commission dropped proceedings against Italy and Sweden for failure to notify measures giving effect to Directive 93/89/EEC on taxes, tolls and charges. However, proceedings against France continue, and the Commission has decided to bring an action against Austria before the Court, on the grounds that the decision to increase the toll on the Brenner motorway amounts to incorrect application of the Directive. that did not entitle Ireland has still not transposed Directive 91/328/EEC on the approximation of Member States’ laws relating to roadworthiness tests for motor vehicles. Ireland was given until 1 January 1998 to implement the Directive, to delay adoption of but implementing measures, infringement proceedings against it will continue. Austria and Portugal are the only Member States not to have notified the Commission of implementing measures for Directive 94/23/EC on the testing of vehicle braking systems. The deadline was 1 January. it and the so The general trend on the road transport front is positive, despite the odd problem with transposal and difficulties 15. 2. Combined transport All Member States have now transposed Directive 92/106/EEC establishing common rules for certain types of combined goods transport of goods between Member States, and the Commission has withdrawn its action against Belgium in the Court of Justice as it has now been notified of the national implementing measures. 15. 3. Inland waterways The deadline for transposal of Directive 96/75/EC passed in 1997. The Directive, dealing with chartering and pricing systems in national and international inland waterway transport in the Community, sets out gradually to liberalise chartering systems (rotation and fixed price). It allows for a transitional period up to 1 January 2000 during which the Member States must do whatever is required to introduce as much flexibility into the charÜ tering by rotation systems as they can. The first legal requirement they have to meet is to ensure that shippers can choose freely between three types of contract by 30 November 1998. In practice only Belgium, France and the Netherlands have to take action to implement Directive 96/75/EC. The other Member States’ rules, if they have any, already comply with the Directive. All the Commission requires in this case is the relevant information from the national authorities. Most Member States, with the exception of Portugal and the United Kingdom, have already sent in this information. Of the three Member States which have to set up new systems, Belgium and France have now notified the Commission of their national implementing measures. Transposal seems to be progressing well. carrier of With regard to Directive 87/540/EEC on access to the by waterway, occupation of infringement for non compliance have now been dropped. So too have proceedings against Austria for failing to notify the Commission of implementing measures for Directive 91/672/EEC on the reciprocal recognition of national against Germany proceedings goods 10. 8. 98 EN Official Journal of the European Communities C 250/73 boatmasters’ certificates for the carriage of goods and passengers by inland waterway. 15. 4. Rail transport The Commission views development of the railways as an essential element in the common transport policy and attaches great importance to enhancing their viability and competitiveness. Consequently, it plans to devise a coherent strategy to help them become both more efficient and more profitable. Accordingly, Directive 91/440/EEC on railway develÜ opment has been reinforced by Directive 95/18/EC on licensing of railway undertakings and Directive the 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees. The two Directives, which should have been transposed no later than 1997, paved the way for a competition led revival of rail transport. The Commission regrets that only five Member States (Austria, Denmark, Finland, Germany and Sweden) have notified implementing measures. It has still to decide on the action to be taken in relation to the other Member States. it of their to Furthermore, there are still major problems in a number of Member States with transposal of Article 10 of Directive 91/440/EEC, concerning access infraÜ structure. Reasoned opinions have been sent to France, Italy, Luxembourg, Spain and the United Kingdom. This situation is worrying, since transposal of this article, intended gradually to open up the rail networks to competition, is of major importance for the future develÜ opment of the Community’s railway policy. France and the United Kingdom’s problems regarding transposal of Article 10 are confined to the Channel tunnel linking the two countries and there are plans to adopt bilateral rules. 15. 5. Sea transport implemented It took three years for Directive 93/75/EEC to be properly in a majority of the Member States. There are still problems with Belgium, Germany and the United Kingdom. Furthermore, the Directive, concerning the application at Community level of interÜ national minimum requirements for vessels carrying dangerous or polluting goods, has been amended by Directives 96/39/EC and 97/34/EC, to bring it into line standards. The with deadlines two new Directives expired in 1997, but most of the Member States have not yet done so. the most recent international transposing these for Some progress has been made on transposing Directive 94/57/EC on common rules and standards to be observed by the Member States and ship inspection, survey and certification organisations so as to ensure compliance with international conventions on maritime safety and the prevention of maritime pollution. The infringement against Austria, Finland, Greece, Sweden and the United Kingdom for non notification have now been dropped, but the Commission has decided to bring actions against Belgium, Ireland, Italy and the Netherlands before the Court of Justice for the same reason. proceedings started All Member States except the Netherlands have now notified implement Directive 94/58/EC on the minimum level of training of seafarers, and proceedings have been terminated. the Commission of measures to Infringement proceedings were started and reasoned opinions sent to Belgium and Portugal in respect of Regulation (EC) No 2978/94, aimed at promoting use of segregated ballast oil tankers in order to minimise the risk to the marine environment from pollution from traditional tankers. The proceedings against Portugal were dropped but it was decided that the case against Belgium, for non notification, should be referred to the Court of Justice. The Commission is persisting with measures to improve safety and prevent pollution of the seas. It is particularly concerned with enforcing international standards for ships more effectively. The Commission therefore regrets the fact that the Member States, with the notable exceptions of Finland and Sweden, are behind with transposal of the relevant Directives. There are still major problems with Directive 95/21/EC on port state control. The Directive harmonises criteria for inspecting ships, detention rules and grounds for refusing them access to Community ports. Transposal is still not complete and reasoned opinions have been sent C 250/74 EN Official Journal of the European Communities 10. 8. 98 to Belgium, Ireland, Italy, the Netherlands and Portugal for failure to notify the Commission of implementing measures. Late notification also seems to be the order of the day for Directive 96/40/EC aimed at introducing a common identity card for inspectors carrying out port state control under Directive 95/21/EC. Reasoned opinions will be sent to Belgium, Denmark, Ireland, the Netherlands and Portugal, which have yet to notify the Commission of their implementing measures. remain regarding compliance with Problems also Community legislation on the registration of vessels and the granting of flag rights. The national rules governing these matters in Belgium, Italy and the Netherlands are still discriminatory. Infringement proceedings continue. Furthermore, the Court of Justice ruled against Ireland on 12 June 1997 and Greece on 27 November 1997 for nationality retaining contravened rules Community law regarding registration of merchant vessels. which Proceedings have also been started against certain Member States for infringement of Community rules on maritime cabotage. The Commission has sent reasoned opinions to France and Italy, both of which have retained laws allowing only domestic vessels to transport goods between domestic ports. Such laws contravene Regulation (EEC) No 3577/92, which provides for the opening up of maritime to Community shipowners operating vessels registered in and flying the flag of a Member State, from 1 July 1993. cabotage situation regarding cargo sharing The agreements between Member States and non member countries is still far from ideal; the principle of freedom to provide services guaranteed by Regulation (EEC) No 4055/86 is still being flouted. Proceedings are under way against four Member States in respect of nineteen bilateral agreements with non member countries. Real progress has been made with regard to Spain’s agreements with Central and West Africa (the MCWCS): the bilateral agreement with the Cłte d’Ivoire has been amended and the agreements with Cameroon, the Congo, Gabon, Equatorial Guinea and Senegal have been repudiated. The other Member States’ agreements with the MCWCS are still causing problems, however: a reasoned opinion has been sent to Italy and the Commission has decided to refer cases involving Belgium, Luxembourg and Portugal to the Court of Justice. Furthermore, the other agreements concluded by these Member States have not yet been amended. Spain has amended its bilateral agreement with Tunisia, but Belgium will be taken to the Court of Justice over its agreements with Togo and the Congo (exÜZaire), as will Portugal over its agreement with Yugoslavia and Italy over its agreement with Morocco. Actions have also been brought against Belgium and Luxembourg for their agreement with Malaysia. In spite of the best efforts of the Commission, which strives constantly for more effective implementation of Community law on maritime transport, the overall trend in this particular field still gives cause for concern. 15. 6. Air transport Liberalisation of air transport in the European Union was completed in April 1997: domestic routes within the Member States were opened up to all Community airlines. In the course of 1997 solutions were easily the found the Commission concerning third package of measures on computerised reservation systems. the one off problems detected by implementation of to However, the full effects of liberalisation will be felt only if rules are introduced on air traffic related activities, with the intention of ensuring fair competition between carriers; hence the adoption of Directive 96/67/EC on access to the ground handling market at Community airports. The purpose of the Directive, which should have been transposed into national law by 25 October 1997, is to open the ground handling market up to competition, so that the user can choose the company offering the services that best suit its needs. At the same time, the Directive takes account of the different types of services, the social effects of opening the market up to competition and the need to ensure that airports can function properly. Accordingly, it provides for both liberalisation and supporting measures. The Commission deeply regrets that none of the Member States have transposed this Directive within the time allowed. Article 169 letters have been sent to all of them. The first implementing measures were those taken by Germany at the end of 1997. to found licences. However, No solution has yet been the problems concerning compliance with Directive 91/670/EEC on civil aviation personnel there has been a significant drop in the number of new complaints for incorrect application. The Commission was pleased to be able terminate proceedings against Spain following adoption of a ministerial decree ensuring that pilots’ licences issued by other Member States would be recognised. The Commission will closely monitor how the decree is applied. Proceedings against France are still open and there are problems with incorrect application in Belgium. to 10. 8. 98 EN Official Journal of the European Communities C 250/75 The Commission has dropped proceedings against France and Spain in respect of Directive 93/65/EEC on the definition and use of compatible technical specifiÜ cations for the procurement of air traffic management equipment and systems. However, the Commission has decided to refer a case involving Italy to the Court of Justice and has sent a reasoned opinion to Austria for failing to notify it of national implementing measures. is of major Proper application of importance for the harmonisation of the Member States’ air traffic control systems and for the smooth operation of public procurement in this sector. It is even more important the Directive properly now that the deadline for transposal of the amendments contained in Directive 97/15/EC (1 December 1997) has passed. The amendments supplement the Directive and bring it into line with the new Eurocontrol standards. that all Member States this Directive implement Transposal of Directive 94/56/EC establishing basic principles for the investigation of civil aviation accidents and incidents is still very patchy, and the Commission regrets that only Denmark, Finland, Ireland, Sweden and the United Kingdom have notified it of their implementing measures. 15. 7. Summertime The last date for transposal of Directive 97/44/EC, the summertime arrangements, was eighth Directive on 31 December 1997. All the Member States have complied. 15. 8. Progress in implementing directives on transport Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 49 44 49 44 44 49 44 49 49 49 49 49 44 44 49 34 37 39 32 37 38 28 34 41 37 40 35 42 42 36 % 69 84 79,5 72,5 84 77,5 63,5 69 83,5 75,5 81,5 71 85,5 85,5 73 Note: this table concerns the following Directives: 62/2005, 76/135Ø(*), 76/914, 77/143, 79/115, 82/714Ø(*), 84/647, 87/540Ø(*), 88/449, 88/599, 89/459, 90/398, 91/328, 91/439, 91/440, 91/670, 91/671, 91/672Ø(*), 92/6, 92/54, 92/55, 92/106, 93/65, 93/75, 93/89, 94/21, 94/23, 94/55, 94/56, 94/57, 94/58, 94/72, 95/18, 95/19, 95/21, 95/50, 96/26, 96/39, 96/40, 96/47, 96/49, 96/53, 96/67, 96/75Ø(*), 96/86, 96/87, 97/15, 97/34, 97/44. (*) not applicable to Denmark, Greece, Spain and Ireland. ENERGY 16. INTRODUCTION 17. SITUATION SECTOR BY SECTOR On 23 October the Court of Justice gave judgment in the gas and electricity import and export monopoly cases against four Member States. These judgments consider the questions its applications as to the form, but do not deal with the the issues of substance. The Court also considers importance of application of Article 90 of the Treaty in the context of economic functions of general interest. the Commission raised by in At 89,9Ø%, the rate of transposal of directives is up on the rate for 1996. 17. 1. Internal market for electricity and natural gas Directive 96/92/EC of the European Parliament and the Council of 19 December 1996 concerning common rules for the internal market in electricity entered into force on 19 February 1997. Work continues on legislation to open up the market in natural gas. 17. 2. Energy efficiency Belgium 92/42/EEC on has now transposed Council Directive for new requirements efficiency C 250/76 EN Official Journal of the European Communities 10. 8. 98 is thus complete hot water boilers; transposal in all Member States. And only Austria, the Netherlands and the United Kingdom have implemented Directive 96/57/EC of the European Parliament and the Council on efficiency requirements for household electric refrigÜ erators, freezers and combinations thereof, despite a transposal deadline of 3 September 1997. 17. 3. Oil and gas Belgium has still not transposed Directive 94/22/EC of the European Parliament and the Council on conditions for granting and using authorisations for the prosÜ pection, exploration and production of hydrocarbons. the Infringement Directives Directive 92/75/EEC on the indication of energy consumption. proceedings implementing framework regarding continue Commission Directive 94/2/EC regarding household electric refrigerators, freezers and combinations thereof has still not been transposed by Italy. Commission Directive 95/12/EC on household washing machines has yet to be transposed by Belgium, France, Italy and Spain. And Belgium and Italy have not yet implemented Commission Directive 95/13/EC on household electric tumble dryers. The transposal of Commission Directive 96/60/EC on energy labelling of household combined washer dryers was 15 July 1997, but it has still not been implemented by Belgium, France, Italy, Luxembourg or Sweden. But the Netherlands has already transposed Commission Directive 97/17/EC on household dishwashers, for which the deadline is 15 June 1998. final date for However, Council Directive 93/76/EEC to limit carbon dioxide efficiency (SAVE) has now been transposed by all Member States. emissions by improving energy 17. 4. Progress in implementing directives on energy Member State Directives applicable on 31. 12. 1997 Directives for which measures have been notified Belgien Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 20 20 21 20 20 20 20 20 19 20 20 20 18 20 20 15 19 20 19 18 16 18 14 16 20 20 19 16 18 20 % 75 95 95 95 90 80 90 70 84 100 100 95 89 90 100 Note: this table concerns the following Directives: 68/414, 72/425, 73/238, 76/491, 78/170, 82/885, 85/536, 87/441, 90/377, 90/547, 90/653 in Germany), 91/296, 92/42, 93/76, 94/2, 94/22 (not applicable in Luxembourg), 95/12, 95/13, 96/57, 96/60, 96/89. (applicable exclusively Directives 91/296/EEC and 94/22/EC are not relevant to Finland, subject to verification by the Commission. Directives 75/339 and 75/405 have been repealed. STRUCTURAL FUNDS AND COMMUNITY LAW The Structural Funds Regulations lay down the principle that projects enjoying Community financial support must comply 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 ReguÜ lation (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 partÜ nership, 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 4253/88 or (EC) No 1164/94. the relevant provision in Regulation Community case law confirms infringement procedure and the procedure of Article 24 of Regulation that the 10. 8. 98 EN Official Journal of the European Communities C 250/77 (EEC) No 4253/88 are quite distinct (Case TÜ461/93, An Taisce, the National Trust for Ireland and WWF, judgment of 23 September 1994), which means that the commencement of infringement proceedings does not automatically trigger the procedure provided for by Article 24 of Regulation (EEC) No 4253/88 (and vice versa). through between the infringement and Community funding. As a rule, cofinancing from the Structural Funds is generally arranged operational programmes and the choice of projects is primarily the Member States’ responsibility. There is also the further problem of a more general infringement (as where a directive is incorrectly transposed) with indirect impliÜ cations for projects cofinanced by the Funds. comprehensive However, the fact that the two procedures (infringement proceedings and withdrawal of assistance) are not necesÜ sarily linked politically or legally does not mean they are mutually exclusive. Thus, if an Article 169 letter is sent as part of the infringement proceedings, there may also be grounds for suspending assistance or, once the reasoned opinion has been issued, starting the procedure to cancel or reduce it in accordance with Article 24 of Regulation (EEC) No 4253/88. Likewise, where Article 169 the Commission does not its right to recover the Community contribution. infringement proceedings are terminated, lose law and policies. But before The basic principle is that the effectiveness of the cohesion policy depends heavily on compliance with Community 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 serious terms of infringements must have repercussions 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. that in 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). Expressed as a proportion of the total number of infringements of environmental and public procurement rules, the number of suspected or proven infringements which are or may be linked to Community funding is relatively small at 4,7Ø% for environmental rules and 8,7Ø% for public procurement. These figures are given for guidance; they are merely one clue among others as to the scale of the problem. Some infringements go undetected by the Commission while, in other cases, it is hard to establish a clear link to available data, According the breakdown of proceedings commenced for suspected or established infringements in relation to cofinanced projects is as follows: Germany Austria Belgium Spain France Greece Ireland Italy Portugal United Kingdom 1 2 1 7 6 (public procurement) (public procurement) (environment) (environment) (environment: 5; public procurement: 1) 13 (environment: 5; public procurement: 8) 3 1 6 1 (environment) (environment) (environment: 2; public procurement: 4) (environment) the assistance given and The frequency of established infringements in relation to cofinanced projects would appear to correlate with the scale of the volume of Community cofinancing rather than the specific practices of this or that Member State. Road works and water treatment facilities are types of project. the most common Even though the number of infringement cases does not appear very high in comparison with the high volume of Community cofinancing, the fact remains that protection of the Community’s financial interests is indispensable. that action be Lastly, it should be remembered that monitoring the in connection with law application of Community financial assistance Structural and Cohesion Funds requires not only 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. C 250/78 EN Official Journal of the European Communities 10. 8. 98 BUDGET MATTERS Infringement proceedings involving the budget are few and far between. This goes for infringements against Community rules on agriculture, customs and VAT with an impact on own resources, and infringements against financial provisions proper. Member States which are late in paying own resources are required to pay penalty interest, which helps to ensure that disputes are settled quickly and efficiently. The Commission decided to refer to the Court of Justice a case against Germany, which had infringed ReguÜ lations (EEC) No 2252/90 and No 1552/89 by failing to interest) make available own resources (and penalty relating to uncollected agricultural levies. The Commission infringement proceedings in two other cases concerning traditional own resources: decided start to - one involving Belgium, which did not make available own resources paid to it in instalments, until the full amount had been recovered; and - another involving Italy, which, without the Commission’s consent and without being able to demonstrate sufficient grounds, deducted amounts from its own resources payments relating to customs duties on imports bound for San Marino. COMMUNITY STAFF in this initiated infringement proceedings The field concern the Member States’ failure to comply with the Protocol on Privileges and Immunities of the European Communities and implement national provisions required for the correct application of the Staff ReguÜ lations of Officials and the Conditions of Employment of Other Servants of the European Communities. to Following an Article 169 complaint, the Court of Justice ruled on 17 July 1997 that Spain was failing to fulfil its obligations under Article 11(2) of Annex VIII to the Staff Regulations the European Communities, relating to the transfer of pension rights. for officials of In one case, relating to the problems Community staff have had obtaining in Spain, proceedings are still open. residence permits The Commission also sent Greece a reasoned opinion on the transfer of pension rights. The Greek authorities responded by transfers possible. The bill, which has won the Commission’s approval, is on its way through the Greek Parliament. introducing a bill making Spain has now acted upon the reasoned opinion sent to it on 13 September 1996: in January 1997 it started to issue nonÜSpanish Community staff with a new type of document enabling them to prove they were legally resident in Spain while assigned to a post there. The Commission is looking into whether the new permits do actually solve the reasoned opinion. the problems raised in started proceedings The for non compliance with the rules on pension transfers have been dropped the adoption of a new, CommissionÜendorsed law amending the law of 21 May 1991. following Belgium against 10. 8. 98 EN Official Journal of the European Communities C 250/79 STATISTICS 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 against the Spanish and French authorities for failure to submit monthly data landings of on the quantities and average prices of fishery products in the prescribed form (Council ReguÜ lation (EEC) No 1318/91) and annual catch statistics (Regulation (EEC) No 3880/91) are still in motion. The deadlines for transposing Community directives into national law are causing problems. Most of the delays are institutional and administrative structures in the Member States. linked the to twenty initiated it of national The Commission infringement proceedings against Member States which had failed to notify implementing measures for two Directives. Infringement proceedings were started against the France, Germany, Ireland, Italy, Portugal and United Kingdom respect of Council Directive 95/57/EC of 23 November 1995 on the collection of statistics started proceedings against all Member States except Austria over Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products. tourism. The Commission on in Most Member States have notified the Commission either of national measures implementing the Directives legislative bills or draft administrative or at measures which will bring line with them Community law. The Commission has been asked to terminate proceedings in a number of cases. least into C 250/80 EN Official Journal of the European Communities 10. 8. 98 ANNEX I SUSPECTED INFRINGEMENTS 1993 TO 1997 Table 1. 1. Suspected infringements - Origin Year 1993 1994 1995 1996 1997 Complaints Parliamentary questions Petitions Cases detected by Commission 1Ø040 1Ø145 955 819 957 30 5 30Ø(*) 22Ø(*) 13Ø(*) 23 6 4Ø(*) 4Ø(*) 4Ø(*) 247 277 297 257 261 Total 1Ø340 1Ø433 1Ø252 1Ø076 1Ø218 (*) 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. DGØI External Relations DGØII Economic and Financial Affairs DGØIII Internal Market and Industrial Affairs (up to 1992) Industry (1993) DGØIV Competition DGØV Employment, Industrial Relations and Social Affairs Table 1. 2. Suspected infringements - Classified by sector and Member State B DK D EL E F IRL I L NL A P FIN S UK Total 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 0 1 0 0 0 0 1 0 0 1 1 2 1 1 2 2 1 2 1 1 4 3 7 10 2 0 0 0 0 0 0 0 0 0 0 5 0 3 4 3 4 0 2 0 2 4 0 2 3 1 2 0 0 0 0 0 1 0 0 0 4 12 10 12 11 2 2 4 5 4 3 3 2 3 5 0 1 0 0 0 2 1 1 0 0 5 7 1 0 2 7 20 0 4 3 4 4 1 0 2 0 0 0 0 0 2 0 0 1 0 1 3 2 3 5 2 3 5 2 6 3 2 1 2 5 0 0 0 0 0 0 2 1 0 0 1 1 6 3 10 5 3 6 2 4 11 7 10 10 9 0 0 0 0 1 0 1 0 0 0 0 1 0 1 0 2 1 0 1 2 2 1 2 1 1 0 0 0 0 0 1 1 0 0 2 7 8 2 7 9 7 4 11 2 9 3 14 1 4 3 0 0 0 0 0 0 0 0 0 0 1 1 1 0 0 1 1 0 0 2 0 0 1 0 2 1 0 0 1 0 0 0 0 0 1 6 1 4 0 2 3 2 1 1 2 2 2 4 3 3 0 0 0 0 0 0 0 2 1 0 0 0 0 0 1 0 0 4 2 3 0 0 1 0 12 0 0 0 0 0 1 2 0 0 0 1 6 1 1 1 2 1 1 1 0 0 1 3 0 1 0 0 0 0 0 0 0 1 0 0 0 0 1 2 2 0 0 0 1 0 0 0 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 4 3 2 0 0 0 1 1 0 0 1 1 0 1 0 0 1 0 0 1 0 0 0 2 2 2 1 1 1 0 1 1 0 8 24 7 3 1 4 2 0 2 1 6 10 5 2 4 34 44 38 38 51 38 38 37 24 39 44 61 44 40 49 1 0. 8. 9 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 2 5 0 / 8 1 DK D EL E F IRL I L NL A P FIN S UK Total DGØVI Agriculture DGØVII Transport DGØIX Personnel and Administration DGØX Audiovisual Media, Information, Communication and Culture DGØXI Environment, Nuclear Safety and Civil Protection B 4 38 7 2 7 2 1 8 5 3 0 0 2 0 0 0 0 3 0 0 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 16 1994 1995 1996 6 7 3 3 12 10 3 4 0 1 3 4 2 1 0 0 0 0 1 0 0 0 0 7 4 1 6 1997 18 10 8 29 16 25 42 2 0 16 4 6 0 0 0 0 0 0 0 0 0 0 31 60 29 33 50 6 12 11 9 8 3 2 5 5 3 1 0 0 0 0 1 0 1 0 0 21 38 3 6 8 4 14 5 6 0 1 0 0 0 0 1 0 0 1 0 46 17 15 5 10 103 89 66 49 63 30 67 35 16 32 13 18 9 5 6 0 0 0 0 0 1 0 0 0 0 31 43 36 25 47 5 13 5 1 7 0 0 3 2 0 0 0 0 0 0 0 0 0 0 1 33 38 21 13 28 20 23 28 27 31 3 2 9 3 6 0 0 0 0 0 0 1 0 1 2 23 21 12 27 23 0 3 2 2 2 1 1 5 1 1 0 0 0 0 0 0 0 0 0 0 2 4 6 3 3 8 41 13 6 6 1 0 1 4 0 0 0 0 0 0 0 0 0 0 0 6 4 11 7 5 0 0 5 6 5 0 0 2 2 4 0 0 0 0 0 0 0 1 0 0 0 0 4 10 9 7 9 5 7 10 4 3 6 4 0 0 0 0 0 0 0 0 0 0 0 21 16 11 9 17 0 0 0 3 5 0 0 2 1 1 0 0 0 0 0 0 0 1 1 0 0 0 8 3 7 0 0 5 3 7 0 0 4 2 0 0 0 0 0 0 0 0 1 0 0 0 0 4 3 9 8 32 14 7 11 1 6 4 6 0 0 0 0 0 0 0 3 1 0 0 64 57 34 11 16 120 317 159 123 185 34 48 82 54 32 3 0 2 0 0 4 4 8 3 3 383 359 265 207 315 C 2 5 0 / 8 2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 0. 8. 9 8 DGØXIII Telecommunications, Information Market and Exploitation of Research DGØXIV Fisheries DGØXV Financial Institutions and Company Law (up to 1992) Internal Market and Financial Services (1993) DGØXVI Regional Policies DGØXVII Energy B DK D EL E F IRL I L NL A P FIN S UK Total 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 0 0 2 0 1 0 0 0 1 1 53 33 36 31 34 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 1 0 1 0 9 11 13 9 12 0 0 0 0 0 0 0 1 0 0 0 1 1 0 1 1 0 2 0 0 86 76 84 65 57 0 0 0 0 0 0 0 1 3 0 1 0 0 0 2 0 1 1 0 0 58 44 39 23 37 0 0 0 0 0 0 0 1 1 0 1 0 1 0 1 0 2 1 1 1 34 40 56 26 33 0 0 0 0 0 0 1 2 0 2 0 0 0 0 0 2 3 1 1 1 99 95 91 76 51 0 0 0 0 0 0 1 1 0 1 0 0 0 0 0 0 1 0 0 0 6 7 11 10 12 0 0 1 0 0 0 0 1 0 0 1 0 0 3 0 1 0 0 0 0 108 106 65 53 68 0 0 0 0 0 0 0 1 1 0 0 0 0 1 0 0 0 0 0 0 6 7 7 9 8 0 0 0 0 0 0 0 1 0 0 1 0 1 0 0 1 0 0 0 0 25 32 26 13 19 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21 25 23 0 0 0 0 0 0 0 1 1 0 3 0 2 0 3 0 0 0 0 1 15 19 22 13 21 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 2 0 0 0 9 12 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 30 33 22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 1 42 23 2 103 41 0 0 0 0 0 0 1 1 0 0 7 1 7 5 8 7 9 5 7 5 541 493 512 501 454 0 0 1 0 0 0 3 14 6 3 1 0. 8. 9 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 2 5 0 / 8 3 DGØXIX Budgets DGØXXI Customs and Indirect Taxation DG XXII Human Resources, Education, Training and Youth DG XXIII Enterprise Policy, Distributive Trades Tourism and Cooperatives DG XXIV Consumer Policy Service B DK D EL E F IRL I L NL A P FIN S UK Total 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 0 1 1 0 0 8 4 3 2 2 0 0 0 0 0 1 0 0 0 0 0 1 0 1 0 0 0 0 0 0 2 3 0 4 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 8 1 5 4 3 0 0 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 0 12 3 8 2 7 0 0 0 0 0 0 0 0 2 4 0 0 0 0 0 0 0 0 0 0 5 1 2 4 4 1 1 0 0 0 2 2 1 1 0 0 0 0 1 0 1 0 0 1 0 9 2 13 8 14 0 0 0 1 0 0 0 0 0 0 5 4 0 0 1 0 0 0 0 0 4 2 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 17 4 10 1 6 0 0 0 1 0 0 0 0 2 2 1 1 0 2 1 0 0 0 0 0 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 6 2 3 3 0 0 0 0 0 0 0 0 0 0 1 7 1 0 0 0 0 0 0 0 0 0 0 3 4 2 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 0 0 0 0 0 2 2 0 2 1 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 4 6 6 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 2 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 9 3 7 2 3 0 2 0 1 0 0 0 0 0 1 2 1 0 0 0 1 1 3 3 3 82 28 62 46 54 1 4 0 4 0 3 2 2 6 8 21 9 0 5 3 C 2 5 0 / 8 4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 0. 8. 9 8 SOEC Statistical Office LS Legal Service SG SecretariatÜGeneral Total B DK D EL E F IRL I L NL A P FIN S UK Total 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 92 92 80 57 73 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 37 33 36 34 35 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 0 0 1 0 2 0 0 2 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 149 185 171 155 179 146 112 84 52 78 184 196 147 103 128 209 246 210 148 176 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 52 66 44 29 53 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 192 185 140 135 163 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 18 25 16 18 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 67 85 65 38 39 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 45 52 60 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 59 59 52 37 55 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 28 33 39 52 51 45 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 3 0 0 5 0 3 0 0 0 0 0 0 1 139 156 73 136 1Ø340 1Ø433 1Ø252 1Ø076 77 1Ø218 1 0. 8. 9 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 2 5 0 / 8 5 C 250/86 EN Official Journal of the European Communities 10. 8. 98 Table 1. 3. Suspected infringements - Action taken classified by year of registration Year 1993 1994 1995 1996 1997 Total cases Terminated In motion Established infringements 1Ø340 1Ø433 1Ø252 1Ø076 1Ø218 1Ø010 987 831 489 170 41 117 60 338 889 289 329 361 249 159 ANNEX II ESTABLISHED INFRINGEMENTS 1993 TO 1997 Table 2. 1. Established infringements - Classified by stage of proceedings and Member State Member State Article 169 letters Reasoned opinions Referrals to Court 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 1993 1994 1995 1996 1997 B DK D EL E F IRL I L NL A P FIN S UK 98 66 120 125 107 105 91 108 91 75 0 125 0 0 98 77 57 90 96 86 90 70 80 42 92 113 81 97 67 102 114 64 73 0 96 0 0 73 71 59 4 115 2 2 77 72 22 62 58 59 88 43 75 39 32 132 54 290 69 47 90 63 121 108 107 154 83 122 75 55 93 117 78 74 96 26 3 35 41 28 39 25 49 29 22 0 40 0 0 15 Total 1Ø209 974 1Ø016 1Ø142 1Ø436 352 41 14 66 85 53 49 47 60 36 20 0 54 0 0 19 1 25 26 15 17 3 36 9 4 0 22 0 0 62 0 37 51 30 46 36 71 28 9 2 49 0 0 21 546 15 192 14 435 35 1 35 23 25 52 15 35 16 11 38 35 8 6 8 7 0 4 4 5 2 0 6 11 5 0 0 0 0 0 10 0 5 17 9 8 12 12 6 4 0 5 0 0 1 6 0 10 12 6 6 6 17 3 0 0 4 0 0 2 20 0 8 17 9 11 4 9 4 2 1 6 0 0 1 18 0 19 10 7 15 6 20 8 3 0 14 0 0 1 343 44 89 72 92 121 1 0. 8. 9 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 2 5 0 / 8 7 Infringement proceedings classified by Member State, stage reached and legal basis Table 2. 2. 1993 Directives Total No notif. Impl. prob. Appl. prob. Treaties ReguÜ lations DeÜ cisions 1994 Directives Total No notif. Impl. prob. Appl. prob. 1995 Directives Total No notif. Impl. prob. Appl. prob. 1996 Directives Total No notif. Impl. prob. Appl. prob. Treaties ReguÜ lations DeÜ cisions Treaties ReguÜ lations DeÜ cisions 1997 Directives Total No notif. Impl. prob. Appl. prob. Treaties ReguÜ lations DeÜ cisions Treaties ReguÜ lations DeÜ cisions B DK D EL E F IRL I L NL 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 Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF 98 26 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 0 95 22 0 104 33 4 80 19 3 82 22 0 85 17 0 75 31 3 84 28 5 64 14 1 1 3 0 0 0 0 3 1 2 3 0 0 1 1 1 2 2 0 2 4 0 8 1 1 1 0 0 1 2 0 15 0 0 2 0 0 15 5 0 12 2 0 15 5 0 11 7 1 3 2 0 16 8 1 2 1 0 8 3 3 9 7 2 1 2 0 7 7 2 6 6 0 11 3 1 10 8 1 1 2 0 9 9 1 4 0 6 2 3 1 77 41 10 57 14 0 90 66 5 96 85 17 86 53 9 90 49 8 70 47 12 102 60 12 64 36 6 73 20 4 58 36 6 51 12 0 63 58 2 72 80 12 62 48 8 64 38 5 62 45 11 66 56 5 58 36 5 49 17 2 4 1 1 1 0 0 5 1 0 0 2 0 1 0 0 2 1 0 2 0 0 2 2 0 4 0 0 3 0 0 11 4 1 2 0 0 19 3 2 20 3 2 14 4 0 11 6 0 3 0 0 21 2 4 0 0 0 20 3 1 4 0 2 3 2 0 3 4 1 4 0 3 9 1 1 13 4 3 3 2 1 13 0 3 2 0 1 1 0 1 80 19 6 42 1 0 92 25 10 113 26 12 81 15 6 97 17 6 67 3 6 114 36 17 71 9 3 59 4 0 59 15 4 36 1 0 63 15 7 90 14 8 61 9 5 70 8 4 59 3 6 85 16 13 66 6 3 47 1 0 3 0 1 0 0 0 5 4 2 1 0 0 1 0 0 3 0 0 1 0 0 3 1 0 0 1 0 1 1 0 8 1 1 6 0 0 14 5 1 13 8 2 12 4 1 11 5 0 3 0 0 10 10 2 3 1 0 8 2 0 10 3 0 0 0 0 10 1 0 9 4 2 7 2 0 13 4 2 4 0 0 16 9 2 2 1 0 3 0 0 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 31 48 19 18 0 0 31 23 7 34 43 13 22 13 3 33 31 6 28 34 1 30 50 5 32 26 1 14 4 0 8 4 0 0 0 0 6 6 0 0 2 0 7 3 1 6 4 0 5 0 1 9 3 0 2 2 0 0 1 0 16 7 1 2 0 0 17 5 1 16 6 1 9 10 4 29 7 3 9 1 1 18 7 3 3 0 3 9 3 2 17 3 0 2 0 0 8 3 0 8 0 3 21 4 1 20 4 2 1 1 1 18 11 1 2 0 0 9 1 0 90 35 18 63 1 0 121 35 19 108 23 10 107 25 7 154 52 15 83 15 6 122 35 20 75 16 8 55 11 3 65 15 11 52 0 0 70 23 12 86 14 8 67 10 2 72 15 9 67 9 5 64 18 14 64 10 7 34 3 1 8 2 2 6 0 0 12 4 2 3 0 1 11 3 0 7 5 1 4 3 0 11 3 1 5 3 0 5 1 0 7 5 3 2 1 0 27 5 4 7 5 1 13 8 3 44 18 4 11 3 1 24 5 5 5 2 0 9 5 2 10 13 2 3 0 0 12 3 1 12 4 0 16 4 2 31 14 1 1 0 0 23 9 0 1 1 1 7 2 0 C 2 5 0 / 8 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 0. 8. 9 8 1993 Directives Total No notif. Impl. prob. Appl. prob. Treaties ReguÜ lations DeÜ cisions 1994 Directives Total No notif. Impl. prob. Appl. prob. 1995 Directives Total No notif. Impl. prob. Appl. prob. 1996 Directives Total No notif. Impl. prob. Appl. prob. Treaties ReguÜ lations DeÜ cisions Treaties ReguÜ lations DeÜ cisions 1997 Directives Total No notif. Impl. prob. Appl. prob. Treaties ReguÜ lations DeÜ cisions Treaties ReguÜ lations DeÜ cisions A P FIN S UK Total Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF 0 0 0 0 0 0 125 40 0 100 35 0 0 0 0 0 0 0 98 15 0 1Ø209 352 44 0 0 0 0 0 0 82 6 0 987 244 21 0 0 0 8 1 0 0 0 0 0 0 0 2 3 0 0 0 0 14 2 0 0 0 0 0 0 0 8 3 0 0 0 0 3 2 0 0 0 0 0 0 0 6 3 0 32 18 4 121 38 5 69 52 14 0 0 0 96 54 5 0 0 0 0 0 0 0 0 0 70 49 5 0 0 0 0 0 0 73 21 1 974 546 89 57 21 0 732 496 61 0 0 0 5 1 0 0 0 0 0 0 0 3 0 1 32 8 2 0 0 0 12 3 0 0 0 0 0 0 0 10 0 0 143 28 10 0 0 0 9 1 0 0 0 0 0 0 0 3 0 0 4 0 0 115 22 4 2 0 0 2 0 0 77 15 2 67 14 16 1Ø016 192 72 0 0 0 98 15 4 0 0 0 0 0 0 65 11 2 799 114 56 0 0 0 4 1 0 0 0 0 0 0 0 1 0 0 2 0 0 9 4 0 1 0 0 1 0 0 4 2 0 2 0 0 4 2 0 1 0 0 1 0 0 7 2 0 132 2 1 54 49 6 290 0 0 69 0 0 47 14 1 123 0 0 34 37 5 284 0 0 61 0 0 26 11 0 0 1 0 5 8 1 0 0 0 1 0 0 3 1 1 23 8 3 105 42 7 89 28 6 1Ø142 435 92 801 320 60 52 35 4 9 1 1 12 4 0 5 0 0 4 0 0 16 1 0 174 52 20 0 0 0 3 0 0 1 0 0 3 0 0 2 1 0 93 38 0 117 35 14 72 8 0 80 6 0 96 8 1 68 33 0 83 18 7 63 8 0 57 6 0 64 1 0 5 0 0 8 6 5 2 0 0 8 0 0 9 2 0 11 4 0 19 5 2 4 0 0 10 0 0 18 5 1 9 1 0 7 6 0 3 0 0 5 0 0 5 0 0 115 28 8 1Ø436 343 121 976 183 76 104 32 12 211 71 26 145 57 7 1 0. 8. 9 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 2 5 0 / 8 9 Table 2. 3. Established infringements - Trend by Member State and year case commenced - 1993 - Cases Term. after Art. 169 letter In motion after Art. 169 letter Reasoned opinions Terminated after R. O. In motion after R. O. Referrals In motion after referrals WithÜ drawn Judgments For Commission For Member States Total 1Ø209 785 15 400 271 128 107 13 54 43 40 B DK D EL E F IRL I L NL P UK 98 66 120 125 107 105 91 108 91 75 125 98 64 61 74 58 69 65 58 57 64 59 78 78 4 0 2 1 2 0 0 3 0 1 1 1 30 5 43 65 35 39 32 46 26 14 47 18 17 5 28 47 20 22 22 30 23 13 32 12 13 0 15 18 15 16 10 16 3 1 15 6 13 0 13 15 12 11 8 14 3 1 15 2 0 0 3 2 0 2 0 2 0 0 4 0 5 0 7 7 4 4 4 6 3 1 11 2 8 0 3 6 10 6 4 6 0 0 0 0 8 0 3 6 8 5 4 6 0 0 0 0 3 0 0 0 0 2 1 0 0 0 0 0 0 C 2 5 0 / 9 0 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 0. 8. 9 8 Table 2. 4. Established infringements - Trend by Member State and year case commenced - 1994 - Cases Term. after Art. 169 letter In motion after Art. 169 letter Reasoned opinions Terminated after R. O. In motion after R. O. Referrals In motion after referrals WithÜ drawn Judgments For Commission For Member States Total 974 579 39 355 207 145 107 27 49 32 31 B DK D EL E F IRL I L NL P UK 77 57 90 96 86 90 70 102 64 73 96 73 32 52 40 46 46 59 48 47 42 63 55 49 6 0 6 3 5 4 1 4 3 1 3 3 40 5 44 45 34 28 20 52 19 10 38 20 23 5 22 29 26 8 12 24 14 6 22 16 17 0 22 16 8 19 18 28 5 4 16 2 16 0 17 12 3 11 8 25 5 1 9 0 6 0 8 0 1 2 1 3 3 1 2 0 6 0 2 9 1 6 7 9 2 0 7 0 4 0 7 3 1 3 0 4 0 7 3 1 3 0 14 13 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 1 0. 8. 9 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 2 5 0 / 9 1 Table 2. 5. Established infringements - Trend by Member State and year case commenced - 1995 - Cases Term. after Art. 169 letter In motion after Art. 169 letter Reasoned opinions Terminated after R. O. In motion after R. O. Referrals In motion after referrals WithÜ drawn Judgments For Commission For Member States Total 1Ø016 637 B DK D EL E F IRL I L NL A P FIN S UK 80 42 92 113 81 97 67 114 71 59 4 115 2 2 77 41 38 51 62 58 54 42 56 43 47 1 71 1 1 71 80 12 1 15 5 5 13 4 4 2 6 1 6 1 1 5 327 163 164 35 2 34 41 16 39 20 59 22 8 2 39 0 0 10 15 1 14 24 7 14 8 33 12 6 0 21 0 0 8 20 1 20 17 9 25 12 26 10 2 2 18 0 0 2 79 11 0 12 6 4 13 5 17 7 1 3 0 0 0 0 54 7 0 10 3 4 9 3 10 5 0 1 2 0 0 0 18 1 0 2 3 0 3 2 4 2 0 1 0 0 0 0 8 3 0 0 0 0 1 0 4 0 0 0 0 0 0 0 7 3 0 0 0 0 1 0 3 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 C 2 5 0 / 9 2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 0. 8. 9 8 Table 2. 6. Established infringements - Trend by Member State and year case commenced - 1996 - Cases Term. after Art. 169 letter In motion after Art. 169 letter Reasoned opinions Terminated after R. O. In motion after R. O. Referrals In motion after referrals WithÜ drawn Judgments For Commission For Member States Total 1Ø142 739 197 217 65 150 13 12 B DK D EL E F IRL I L NL A P FIN S UK 72 22 62 58 59 88 43 75 39 32 132 54 290 69 47 24 21 28 35 25 27 23 35 23 14 95 30 271 59 29 24 1 21 12 19 29 7 26 5 10 9 9 9 4 12 24 0 16 14 13 33 12 20 11 8 34 13 8 6 5 9 0 3 8 1 9 5 4 7 0 8 5 3 1 2 15 0 13 6 12 23 6 16 4 8 26 8 5 5 3 4 0 0 1 0 1 2 3 0 1 0 1 0 0 0 4 0 0 1 0 1 2 3 0 1 0 0 0 0 0 1 0 0 0 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 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 1 0. 8. 9 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 2 5 0 / 9 3 Table 2. 7. Established infringements - Trend by Member State and year case commenced - 1997 - Cases Term. after Art. 169 letter In motion after Art. 169 letter Reasoned opinions Terminated after R. O. In motion after R. O. Referrals In motion after referrals WithÜ drawn Judgments For Commission For Member States Total 1Ø436 476 937 53 B DK D EL E F IRL I L NL A P FIN S UK 90 63 121 108 107 154 83 122 75 55 93 117 78 74 96 17 32 27 39 38 30 35 27 27 22 43 37 37 34 31 68 31 91 64 62 119 46 91 43 44 63 72 41 40 62 9 0 4 4 5 6 4 3 5 1 3 7 0 0 2 8 2 0 0 1 2 0 0 0 0 0 2 1 0 0 0 45 7 0 4 3 3 6 4 3 5 1 1 6 0 0 2 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 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 0 0 0 0 0 0 0 0 0 0 0 0 C 2 5 0 / 9 4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 0. 8. 9 8 10. 8. 98 EN Official Journal of the European Communities C 250/95 ANNEX III INFRINGEMENTS OF TREATIES, REGULATIONS AND DECISIONS Economic and financial affairs Competition BELGIUM Number: Legal base: Title: Dd. ro: GREECE Number: Legal base: Title: Dd. ro: Dd. term: FRANCE Number: Legal base: Title: Dd. ro: PORTUGAL Number: Legal base: Title: Dd. ro: Industry ITALY Number: Legal base: Title: Dd. ro: Dd. term: 94/5075 157E073 Free movement of capital - subscription to a loan denominated in DEM Date reasoned opinion sent: 97/04/16 94/2211 157E073 Restrictions concerning physical transfer of funds abroad Date reasoned opinion sent: 97/04/14 97/12/10: termination decision investments and 94/2190 157E052; 157E059 Admission of market Date reasoned opinion sent: 97/04/14 securities to the capital 1/2097 57E052; 157E058; 157E221 Discrimination investment in privatised companies Date reasoned opinion sent: 95/05/29 concerning foreign 94/7013 157E003 Imports of television sets Date reasoned opinion sent: 97/01/30 97/07/23: termination decision BELGIUM Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: SPAIN Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: FRANCE Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: ITALY Number: Legal base: Title: 89/0030 157E171; 384D0508 Aid for Idealspun/Beaulieu Date reasoned opinion sent: 89/08/30 Date of referral: 89/12/18 CÜ89/375 Date of judgment: 91/02/19 Commission 95/2313 157E086; 157E090; 157E169 Landing charges at Brussels National Airport Date reasoned opinion sent: 96/12/10 Date of referral: 97/04/23 CÜ97/155 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 CÜ94/160 Date of judgment: 97/10/23 Member State 91/0751 157E037; 157E030; 157E034 Exclusive rights in respect of gas and elecÜ tricity Date reasoned opinion sent: 92/11/26 Date of referral: 94/06/14 CÜ94/159 Date of judgment: 97/10/23 Member State 91/0757 157E030; 157E034; 157E037 Exclusive rights in respect of electricity C 250/96 EN Official Journal of the European Communities 10. 8. 98 Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Date reasoned opinion sent: 92/11/26 Date of referral: 94/06/15 CÜ94/158 Date of judgment: 97/10/23 Member State 93/2181 157E003; 157E005; 157E085 Customs forwarding agents Date reasoned opinion sent: 95/06/21 Date of referral: 96/02/09 CÜ96/035 NETHERLANDS Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: 91/0759 157E030; 157E037 Exclusive rights in respect of electricity Date reasoned opinion sent: 92/11/26 Date of referral: 94/06/13 CÜ94/157 Date of judgment: 97/10/23 Member State Employment and social policy BELGIUM Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. term: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : 88/0364 157E048; 371R1408; 368R1612; 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 CÜ90/326 Date of judgment: 92/11/10 Commission Date Art. 171 letter sent: 95/07/03 97/06/26: termination decision 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 CÜ93/047 Date of judgment: 94/05/03 Ju. for: Dd. 171: Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. term: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. term: Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Commission Date Art. 171 letter sent: 95/10/03 90/0404 157E007; 157E048; 157E052; 368R1612 Discrimination regarding study grants for workers Date reasoned opinion sent: 93/05/17 97/06/26: termination decision 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 CÜ94/173 Date of judgment: 96/07/02 Commission 97/12/10: termination decision 91/2017 157E045; 368R1612 Equal treatment in access to employment - discrimination against children of migrant workers Date reasoned opinion sent: 93/08/13 Date of referral: 94/10/13 CÜ94/278 Date of judgment: 96/09/12 Commission 97/06/26: termination decision 95/4519 157E051; 371R1408 Posted workers - obstacles to freedom to provide services Date reasoned opinion sent: 96/09/30 97/06/26: termination decision 95/4831 157E051; 157E235; 371R1408 Social pensions Date reasoned opinion sent: 97/11/06 security charges on Belgian 96/4041 371R1408 Medical authorisation for a stay in another Member State Date reasoned opinion sent: 97/08/07 96/4042 371R1408 Aggregation of pensions where one contributory Date reasoned opinion sent: 97/09/23 is 10. 8. 98 EN Official Journal of the European Communities C 250/97 GREECE Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: 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 CÜ94/290 Date of judgment: 96/07/02 Commission language 90/4816 157E048; 368R1612 Nationality discrimination - assistants Date reasoned opinion sent: 93/08/03 Date of referral: 94/04/27 CÜ94/123 Date of judgment: 95/06/01 Commission Date Art. 171 letter sent: 97/01/24 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 CÜ94/290 Date of judgment: 96/07/02 Commission 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 CÜ94/290 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 CÜ94/290 Date of judgment: 96/07/02 Commission Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Number: Legal base: Title: Dd. ro: Dd. ref: Case: 91/0586 157E048; 368R1612 Access to employment - sea and air transport Date reasoned opinion sent: 92/07/13 Date of referral: 94/10/26 CÜ94/290 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 CÜ94/290 Date of judgment: 96/07/02 Commission 91/0588 157E048; 368R1612 Access to employment - civilian research Date reasoned opinion sent: 92/07/13 Date of referral: 94/10/26 CÜ94/290 Date of judgment: 96/07/02 Commission 91/0589 157E048; 368R1612 Access to employment - posts, telecomÜ munications and radio/television Date reasoned opinion sent: 92/07/13 Date of referral: 94/10/26 CÜ94/290 Date of judgment: 96/07/02 Commission 91/4957 157E048 Period worked in other Member States - calculation of seniority Date reasoned opinion sent: 95/05/18 Date of referral: 96/06/04 CÜ96/187 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 CÜ96/185 C 250/98 EN Official Journal of the European Communities 10. 8. 98 FRANCE Number: Legal base: Title: Dd. ro: Dd. ref: Case: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: ITALY Number: Legal base: Title: Dd. ro: 93/4403 368R1612 Calculation of supplementary retirement pension for frontier workers Date reasoned opinion sent: 95/07/28 Date of referral: 97/01/24 CÜ97/035 93/4947 157E048; 157E051; 371R1408 Application of general social contribution to frontier workers Date reasoned opinion sent: 97/12/16 insurance 94/5152 157E0051 Calculation of unemployment allowances Date reasoned opinion sent: 97/07/16 95/4801 371R1408 Social security - failure to ensure equal treatment in international agreements Date reasoned opinion sent: 97/10/17 96/4305 157E051; 371R1408 Residence permit and contributions Date reasoned opinion sent: 97/07/16 social security 96/4558 157E051; 371R1408 Social contribution to reimbursement of social debt and frontier workers Date reasoned opinion sent: 97/07/23 96/2208 157E005; 157E048; 368R1612 Discrimination against readers of a foreign language Date reasoned opinion sent: 97/05/16 LUXEMBOURG Number: Legal base: 89/0408 368R1612; 157E048 Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. term: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: of taxation act - Income tax non residents Date reasoned opinion sent: 92/02/04 Date of referral: 94/06/03 CÜ94/151 Date of judgment: 95/10/26 Commission 97/12/10: termination decision 91/0222 157E048; 368R1612 Access to employment - surface transport Date reasoned opinion sent: 92/07/14 Date of referral: 93/12/17 CÜ93/473 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 CÜ93/473 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 CÜ93/473 Date of judgment: 96/07/02 Commission 91/0225 157E048; 368R1612 Access to employment - posts and teleÜ communications Date reasoned opinion sent: 92/07/14 Date of referral: 93/12/17 CÜ93/473 Date of judgment: 96/07/02 Commission 91/0226 157E048; 368R1612 Access to employment in distribution of water, gas and electricity Date reasoned opinion sent: 92/07/14 Date of referral: 93/12/17 CÜ93/473 Date of judgment: 96/07/02 Commission 10. 8. 98 EN Official Journal of the European Communities C 250/99 Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: 91/0228 368R1612; 157E048 Nationality discrimination - access employment in public hospitals Date reasoned opinion sent: 92/07/14 Date of referral: 93/12/17 CÜ93/473 Date of judgment: 96/07/02 Commission to UNITED KINGDOM Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. term: Agriculture GERMANY Number: Legal base: Title: Dd. ro: Dd. ref: Case: GREECE Number: Legal base: Title: Dd. ro: Dd. ref: Case: 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 97/06/26: termination decision to imports of boars 93/2097 157E030; 391L0497 Barriers Denmark Date reasoned opinion sent: 94/10/05 Date of referral: 96/03/27 CÜ96/102 from 383R0020; 382R0019; 85/0101 380R1837; 157E113; 157E030; 157E171 Prices of sheep and goats imported from Hungary Date reasoned opinion sent: 86/02/25 Date of referral: 87/04/15 CÜ87/127 FRANCE Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: ITALY Number: Legal base: Title: Dd. ro: Dd. ref: Case: 92/4664 391R1697; 368R0804 Definitive production Date reasoned opinion sent: 95/01/19 97/12/10: termination decision abandonment of milk 94/4466 157E030 Barriers to imports of Spanish strawberries Date reasoned opinion sent: 95/05/05 Date of referral: 95/08/04 CÜ95/265 Date of judgment: 97/12/09 Commission 95/4430 389R1576 Sale of "whisky’ Date reasoned opinion sent: 97/05/02 containing spirits the word 91/4287 366R0136 Minimum prices for virgin olive oil cakes Date reasoned opinion sent: 93/10/05 Date 2nd reasoned opinion sent: 95/03/24 Date of referral: 95/10/17 CÜ95/327 Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. withdr: 92/2141 390R1186 Classification of adult bovine carcasses Date reasoned opinion sent: 95/01/20 Date of referral: 95/10/17 CÜ95/328 Withdrawal decision: 97/05/05 Number: Legal base: Title: Dd. ro: Dd. term: 94/4123 384R0857 Application of milk quotas - problems of centralised management Date reasoned opinion sent: 96/05/20 97/12/10: termination decision C 250/100 EN Official Journal of the European Communities 10. 8. 98 Transport BELGIUM Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Number: Legal base: Title: Dd. ro: 90/0354 157E007; 157E048; 157E052; 157E058 Merchant vessels - flag rights Date reasoned opinion sent: 93/06/04 91/0600 386R4055 CargoÜsharing arrangements Togo agreement Date reasoned opinion sent: 93/10/11 Date 2nd reasoned opinion sent: 96/01/26 in BLEUÜ 91/0601 386R4055 CargoÜsharing arrangements in agreement with Zaire Date reasoned opinion sent: 93/10/11 Date 2nd reasoned opinion sent: 97/06/23 93/2101 386R4055 CargoÜsharing non member countries in sea transport Date reasoned opinion sent: 95/12/21 Date of referral: 97/05/05 CÜ97/176 agreements with 95/2161 386R4055 Agreements with MCWCS states Date reasoned opinion sent: 97/06/16: SG(97) D/04503 Number: Legal base: Title: Dd. ro: 96/2040 394R2978 Sea transport - failure to notify measures implementing Regulation 2978/94 Date reasoned opinion sent: 97/02/07 GREECE Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: SPAIN Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Number: Legal base: Title: Dd. ro: FRANCE Number: Legal base: Title: Dd. ro: IRELAND Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: ITALY 90/0356 157E007; 157E048; 157E052; 157E221; 157E005 Merchant vessels - flag rights Date reasoned opinion sent: 93/07/27 Date of referral: 96/03/07 CÜ96/062 Date of judgment: 97/11/27 Commission 91/0469 386R4055 Freedom transport - Spain and Gabon Date reasoned opinion sent: 94/01/19 to provide services in sea 93/2100 386R4055 CargoÜsharing agreements with member countries in sea transport Date reasoned opinion sent: 95/12/06 Date of referral: 97/06/27 CÜ97/238 nonÜ 95/2160 386R4055 Agreements with MCWCS states Date reasoned opinion sent: 97/06/06 95/2198 392R3577 Maritime cabotage Date reasoned opinion sent: 97/04/25 90/0357 157E007; 157E048; 157E052; 157E058; 157E005 Merchant vessels - flag rights Date reasoned opinion sent: 93/06/18 Date 2nd reasoned opinion sent: 94/08/04 Date of referral: 96/05/06 CÜ96/151 Date of judgment: 97/06/12 Commission DENMARK Number: Legal base: Title: Dd. ro: Dd. term: 90/0355 157E007; 157E048; 157E052; 157E058; 157E221; 157E005 Merchant vessels - flag rights Date reasoned opinion sent: 94/02/21 97/06/26: termination decision Number: Legal base: Title: 91/2148 157E007; 157E048; 157E052; 157E058; 157E221 Merchant vessels - flag rights 10. 8. 98 EN Official Journal of the European Communities C 250/101 Dd. ro: Date reasoned opinion sent: 93/06/30 Date 2nd reasoned opinion sent: 96/02/23 Title: Dd. ro: Agreements with MCWCS states Date reasoned opinion sent: 97/06/06 93/2105 386R4055 CargoÜsharing agreements with member countries in sea transport Date reasoned opinion sent: 95/12/21 nonÜ Number: Legal base: Title: Dd. ro: Dd. term: 96/2047 394R2978 Sea transport - failure to notify measures implementing Regulation 2978/94 Date reasoned opinion sent: 97/02/ 97/06/26: termination decision Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: LUXEMBOURG Number: Legal base: Title: Dd. ro: Dd. ref: Case: Number: Legal base: Title: Dd. ro: NETHERLANDS 95/2165 386R4055 Agreements with MCWCS states Date reasoned opinion sent: 97/10/31 95/2197 392R3577 Cabotage maritime Date reasoned opinion sent: 97/03/11 93/2102 386R4055 CargoÜsharing agreements with member countries in sea transport Date reasoned opinion sent: 95/12/21 Date of referral: 97/05/05 CÜ97/177 nonÜ 95/2162 386R4055 Agreements with MCWCS states Date reasoned opinion sent: 97/07/29 Number: Legal base: Title: Dd. ro: 90/0358 157E007; 157E048; 157E052; 157E058; 157E221; 157E005 Merchant vessels - flag rights Date reasoned opinion sent: 93/06/30 PORTUGAL Number: Legal base: Title: Dd. ro: Dd. term: 93/2103 386R4055 CargoÜsharing agreements with member countries in sea transport Date reasoned opinion sent: 95/12/06 97/12/10: termination decision nonÜ Number: Legal base: 95/2163 386R4055 Community staff BELGIUM Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. 171 ro: Dd. ref 2: Case 2: Dd. ju. 2: Ju. for 2: Dd. term: GREECE Number: Legal base: Title: Dd. ro: SPAIN Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: 84/0303 157F/PRO/PRI; 157E171 Transfer of pension rights Date reasoned opinion sent: 79/07/24 Date of referral: 80/06/09 CÜ80/137 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 Art. 171 referral: 85/11/28 CÜ85/383 Date of judgment: 171 89/10/03 Commission 97/06/26: termination decision 93/2139 368R0259 Transfers to community pension scheme Date reasoned opinion sent: 95/08/14 91/2315 157E005; 157E011 Transfer of pension rights Date reasoned opinion sent: 93/12/13 Date of referral: 96/01/21 CÜ96/052 Date of judgment: 97/07/17 Commission 93/2297 165FPRI; 165FPRO Residence permits Date reasoned opinion sent: 96/09/13 C 250/102 EN Official Journal of the European Communities 10. 8. 98 Fisheries BELGIUM Number: Legal base: Title: Dd. ro: DENMARK Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: GREECE Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: SPAIN Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: 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 97/06/26: termination decision 90/0481 383R0170; 387R3977; 387R2241 Failure to inspect - overfishing 1988 Date reasoned opinion sent: 92/10/28 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 CÜ96/062 Date of judgment: 97/11/27 Commission FRANCE Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. 171 ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: ITALY Number: Legal base: Title: Dd. ro: compliance with 84/0445 382R2057; 383R0171; 157E171 Failure to monitor technical conservation measures Date reasoned opinion sent: 86/11/18 Date of referral: 88/02/29 CÜ88/064 Date of judgment: 91/06/11 Commission Date Art. 171 letter sent: 93/10/11 Date Art. 171 reasoned opinion sent: 96/04/17 90/0418 387R3977; 383R0170; 387R2241 Failure to inspect - overfishing 1988 Date reasoned opinion sent: 92/09/29 92/2258 383R0170; 387R2241; 389R4047 Failure to inspect Date reasoned opinion sent: 97/06/04 90/0332 157E007; 157E048; 157E052; 157E058; 157E221; 383R0170 Fishing vessels - licensing and flag rights Date reasoned opinion sent: 93/03/11: Date 2nd reasoned opinion sent: 96/02/23 UNITED KINGDOM 88/0356 382R2057; 387R2241 Duty to cooperate - fisheries inspection and monitoring Date reasoned opinion sent: 89/11/20 92/2256 383R0170; 387R2241; 389R4047 Failure to inspect Date reasoned opinion sent: 97/07/08 Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: 385R3732; 87/0398 385R3721; 382R2057 Overfishing 1985Ü1986 Date reasoned opinion sent: 89/02/09 Date 2nd reasoned opinion sent: 92/10/01 383R0170; 91/0637 383R0170; 388R4194 Failure to inspect - overfishing 1988 Date reasoned opinion sent: 96/04/17 387R2241; 387R3977; 10. 8. 98 EN Official Journal of the European Communities C 250/103 Internal market and financial services BELGIUM Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: 82/0316 157E030 Refusal codeine Date reasoned opinion sent: 83/09/19 licences import issue to for 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 CÜ92/080 Date of judgment: 94/03/24 Commission Number: Legal base: Title: Dd. ro: Dd. term: 89/4822 157E030 Television advertising Date reasoned opinion sent: 95/09/28 97/12/10: termination decision Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: 93/4136 157E059 Aerial photography - freedom to provide services Date reasoned opinion sent: 97/06/19 94/4878 157E057 Law on voluntary organisations - requirement to have at least one Belgian member Date reasoned opinion sent: 97/06/19 Number: Legal base: Title: Dd. ro: 94/7018 157E228 Refusal to register business Date reasoned opinion sent: 97/06/12 Number: Legal base: Title: Dd. ro: 95/2105 157E048; 157E052; 157E059 Restrictions in the field of private security firms Date reasoned opinion sent: 97/06/10 Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: DENMARK Number: Legal base: Title: Dd. ro: Dd. term: GERMANY Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. term: 95/2170 157E171 Flemish television services Date reasoned opinion sent: 97/05/15 97/12/10: termination decision community decree on cable 95/4631 157E030 Parallel imports of pesticides Date reasoned opinion sent: 97/09/22 91/0782 157E005; 157E030; 157E036 Imports of enzymatic preparations Date reasoned opinion sent: 93/07/12 97/06/26: termination decision 90/5361 157E067 Tax discrimination - British investment trusts Date reasoned opinion sent: 96/08/06 91/4782 157E030 "Advocaat’ egg based liqueur - obligation to specify use of beta carotene on labels Date reasoned opinion sent: 96/07/10 92/4643 157E059 Requirement to set up branch in Germany Date reasoned opinion sent: 97/11/12 92/4835 157E005; 157E059 Tax legislation - activity of tax advisers Date reasoned opinion sent: 97/09/22 93/2223 157E030; 157E036 Contractual obligation favouring suppliers established in the new L…nder Date reasoned opinion sent: 97/07/07 97/12/10: termination decision C 250/104 EN Official Journal of the European Communities 10. 8. 98 GREECE Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. term: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. ro 171: 84/0388 157E048; 157E052; 157E059 Ban on teaching Date reasoned opinion sent: 85/10/28 Date of referral: 86/06/13 CÜ86/147 Date of judgment: 88/03/15 Commission for access requirement 85/0264 157E052; 157E059 Nationality occupation of advocate Date reasoned opinion sent: 86/05/14 Date of referral: 87/02/05 CÜ87/038 Date of judgment: 88/07/14 Commission to provide to freedom 87/0113 157E059; 157E171 Restrictions on services as tourist guides Date reasoned opinion sent: 88/04/20 Date of referral: 89/06/20 CÜ89/198 Date of judgment: 91/02/26 Commission Date Art. 171 letter sent: 92/05/18 97/06/26: termination decision for opening requirement 89/0165 157E052; 157E059; 157E171 Nationality private schools Date reasoned opinion sent: 90/01/22 Date of referral: 90/10/24 CÜ90/328 Date of judgment: 92/01/30 Commission Date Art. 171 letter sent: 96/04/03 Date Art. 171 reasoned opinion sent: 97/09/17 Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. term: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: SPAIN Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: Dd. ref. Dec: Dd. ref: Case: Dd. ju. : Ju. for: 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 CÜ95/236 Date of judgment: 96/09/19 Commission 97/12/10: termination decision 92/2222 157E030 Storage and marketing of petroleum products Date reasoned opinion sent: 97/06/17 94/5108 157E052; 157E059 Foreign terms in names of private schools Date reasoned opinion sent: 97/06/17 95/4580 157E030 Prices of medicinal products Date reasoned opinion sent: 97/09/23 89/4709 157E030 Assay marks for objects in precious metals Date reasoned opinion sent: 96/06/14 97/06/26: termination decision provide to freedom 90/0388 157E005; 157E048; 157E052; 157E059 Restrictions on services as tourist guides Date reasoned opinion sent: 91/10/14 Date of referral decision: 92/06/10 Date of referral: 92/10/01 CÜ92/375 Date of judgment: 94/03/22 Commission Number: Legal base: Title: Dd. ro: Dd. ref: Case: 89/0354 157E030; 157E036 Sale of baby foods exclusively through pharmacists Date reasoned opinion sent: 91/10/28 Date of referral: 92/11/09 CÜ92/391 Number: Legal base: Title: Dd. ro: 92/4788 157E048; 157E052; 157E059 Airborne advertising Date reasoned opinion sent: 96/01/31 10. 8. 98 EN Official Journal of the European Communities C 250/105 Number: Legal base: Title: Dd. ro: Dd. ref: Case: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: FRANCE Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. 171 ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. 171 ro: 94/4103 157E048; 157E052; 157E059 Exercise of activities in security services Date reasoned opinion sent: 96/06/11 Date of referral: 97/03/19 CÜ97/114 95/4198 157E030; 157E036; 157E171 Vehicle registration - roadworthiness test Date reasoned opinion sent: 97/12/03 95/4849 157E030 Sale of tea in bulk Date reasoned opinion sent: 97/07/07 85/0269 157E030 Refusal codeine Date reasoned opinion sent: 87/11/12 licences import issue to for 157E171; 386D0283; 85/0499 380D1186; 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 CÜ88/263 Date of judgment: 90/12/12 Commission Date Art. 171 letter sent: 92/06/05 Date Art. 171 reasoned opinion sent: 95/11/16 to provide freedom 86/0432 157E059; 157E171 Restrictions on services as tourist guides Date reasoned opinion sent: 88/05/02 Date of referral: 89/04/28 CÜ89/154 Date of judgment: 91/02/26 Commission Date Art. 171 letter sent: 92/05/18 Date Art. 171 reasoned opinion sent: 95/11/28 Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: 89/0645 157E005; 157E048; 157E052; 157E059 Recognition of diplomas - psychiatric nurse Date reasoned opinion sent: 96/09/24 91/0555 157E030 Requirement of a hallmark on imported objects of precious metals Date reasoned opinion sent: 96/07/10 92/4438 157E030 Alcoholic beverages with an alcohol content volume; exceeding 25Ø% by contributions; labelling Date reasoned opinion sent: 97/07/07 93/2098 157E052; 157E058 Discriminatory taxation of stable estabÜ lishments in France Date reasoned opinion sent: 97/06/19 93/2222 157E030; 157E036 Preparations based on foie gras Date reasoned opinion sent: 94/10/14 Date of referral: 96/05/31 CÜ96/184 93/2261 157E030; 157E036 Barriers to imports of leavened bread Date reasoned opinion sent: 94/10/19 97/12/10: termination decision 94/4855 157E059; 157E171 Distribution of imported from other Member States Date reasoned opinion sent: 96/11/21 alcoholic beverages 95/2175 157E030 Rubber materials and objects in contact with foodstuffs Date reasoned opinion sent: 97/12/03: SG(97) D/10079 C 250/106 EN Official Journal of the European Communities 10. 8. 98 IRELAND Number: Legal base: Title: Dd. ro: 89/0335 157E030 Tobacco price rules Date reasoned opinion sent: 90/07/12 Number: Legal base: Title: Dd. ro: 91/2236 157E059; 157E73 Restrictions on transfers - remuneration of services of intermediaries Date reasoned opinion sent: 97/05/05 Number: Legal base: Title: Dd. ro: 92/2085 157E030 Imported objects of precious metals Date reasoned opinion sent: 96/11/11 ITALY Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: provide to freedom 87/0071 157E059; 157E171 Restrictions on services as tourist guides Date reasoned opinion sent: 88/04/20 Date of referral: 89/05/25 CÜ89/180 Date of judgment: 91/02/26 Commission Date Art. 171 letter sent: 95/07/05 Number: Legal base: Title: Dd. ro: 91/4303 157E030 Supplies of equipment Date reasoned opinion sent: 93/06/18 Date 2nd reasoned opinion sent: 96/07/02 Number: Legal base: Title: Dd. ro: 92/2116 157E030 Imported objects of precious metals Date reasoned opinion sent: 96/03/08 Number: Legal base: Title: Dd. ro: 93/2300 157E006; 157E052; 157E059 Restrictions on exercise of activity of road traffic consultants Date reasoned opinion sent: 97/07/14 Number: Legal base: Title: Dd. ro: 90/0397 157E030 Marketing of wholemeal bread Date reasoned opinion sent: 91/03/18 Number: Legal base: Title: Dd. ro: 93/4698 157E030; 157E036 Barriers to marketing of dietary products for sportsmen Date reasoned opinion sent: 96/09/04 Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. term: intermediazione services - 91/0835 157E052; 157E059 Financial mobiliare Date reasoned opinion sent: 92/10/19 Date of referral: 94/03/23 CÜ94/101 Date of judgment: 96/06/06 Commission 97/12/10: termination decision Number: Legal base: Title: Dd. ro: 94/2146 157E059 Legislative barriers to freedom to provide cleaning services Date reasoned opinion sent: 96/03/12 Number: Legal base: Title: Dd. ro: 94/4523 157E059 Bridge over Messina Strait - contract awarded to an Italian public enterprise Date reasoned opinion sent: 97/10/24 Number: Legal base: Title: Dd. ro: Dd. term: 91/2159 157E030 Subsidies for scheduled bus services Date reasoned opinion sent: 93/10/18 Date 2nd reasoned opinion sent: 95/10/04 97/03/19: termination decision Number: Legal base: Title: Dd. ro: 94/4883 157E030; 157E036 Barriers to import of non alcoholic drinks Date reasoned opinion sent: 97/09/23 10. 8. 98 EN Official Journal of the European Communities C 250/107 Number: Legal base: Title: Dd. ro: Dd. term: 95/2028 157E059 Mortgage registration charges Date reasoned opinion sent: 96/06/26 97/06/26: termination decision Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: 91/2314 157E052; 157E221 Pursuit of activities casting Date reasoned opinion sent: 94/07/14 97/12/10: termination decision in television broadÜ 92/2082 157E030 Imported objects of precious metals Date reasoned opinion sent: 97/02/24 93/5030 157E048; 157E052; 157E059 Exercise of activities in security services Date reasoned opinion sent: 97/06/19 UNITED KINGDOM Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Budgets GERMANY Number: Legal base: Title: Dd. ro: Dd. ref: Case: 82/0320 157E030 Refusal codeine Date reasoned opinion sent: 83/09/06 licences import issue to for 89/0034 157E030 Patent licences Date reasoned opinion sent: 89/08/28 Date of referral: 90/01/31 CÜ90/030 Date of judgment: 92/02/18 Commission 95/2126 390R2252 Dutch butter Date reasoned opinion sent: 96/10/30 Date of referral: 97/10/07 CÜ97/348 Customs and indirect taxation 89/0106 157E048; 157E052 Refusal of permission to open a second dental surgery Date reasoned opinion sent: 89/11/21 Date of referral: 90/11/29 CÜ90/351 Date of judgment: 92/06/16 Commission Date Art. 171 letter sent: 93/07/27 Date Art. 171 reasoned opinion sent: 96/06/11 97/06/26: termination decision 94/4075 157E030; 157E036 import authorisation Refusal foodstuffs enriched with vitamins and iron Date reasoned opinion sent: 97/09/23 of to 94/5125 157E030; 157E036 Barriers to import of foodstuffs containing vitamins Date reasoned opinion sent: 97/09/23 95/2153 157E30; 157E37 Tobacco manufacturing monopoly Date reasoned opinion sent: 97/05/21 LUXEMBOURG Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. 171 ro: Dd. term: NETHERLANDS Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: AUSTRIA Number: Legal base: Title: Dd. ro: PORTUGAL Number: Legal base: Title: Dd. ro: 91/0237 157E048; 157E052; 157E059 Freedom to provide services as tourist guides Date reasoned opinion sent: 97/08/07 BELGIUM Number: Legal base: Title: Dd. ro: 84/0342 157E009; 157E028; 368R0950 DutyÜfree equipment Date reasoned opinion sent: 85/07/25 imports of non military C 250/108 EN Official Journal of the European Communities 10. 8. 98 DENMARK Number: Legal base: Title: Dd. ro: GERMANY Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: GREECE Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: SPAIN Number: Legal base: Title: Dd. ro: FRANCE Number: Legal base: Title: Dd. ro: 84/0343 157E009; 157E028; 368R0950 DutyÜfree equipment Date reasoned opinion sent: 85/07/25 imports of non military 91/0559 385R1999; 386R3677 Inward processing Date reasoned opinion sent: 93/02/03 Date of referral: 94/02/14 CÜ94/0761 Date of judgment: 96/09/10 Commission 86/0126 157E009; 157E028; 368R0950 DutyÜfree equipment Date reasoned opinion sent: 90/05/02 imports of non military 91/0779 157E095 Taxes on second hand cars Date reasoned opinion sent: 93/09/07 Date of referral: 95/12/01 CÜ95/375 Date of judgment: 97/10/22 Commission 90/0078 387R2658; 157E028 DutyÜfree imports equipment Date reasoned opinion sent: 92/12/31 of non military 92/5125 157E095 Discriminatory taxation of vehicles Date reasoned opinion sent: 97/12/22: SG(97) D/10946 Number: Legal base: 95/2238 392R2913 Title: Dd. ro: ITALY Number: Legal base: Title: Dd. ro: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. term: Number: Legal base: Title: Dd. ro: Dd. term: Number: Legal base: Title: Dd. ro: LUXEMBOURG Number: Legal base: Title: Dd. ro: Customs representation Date reasoned opinion sent: 97/12/03 84/0345 157E009; 157E028; 368R0950 DutyÜfree equipment Date reasoned opinion sent: 85/07/25 imports of non military telegram 87/0158 157E009; 157E012 Veterinary services’ invoiced to importers of live animals Date reasoned opinion sent: 87/10/14 Date of referral: 89/04/21 CÜ89/137 Date of judgment: 90/03/14 Commission charges of customs charges 90/0253 157E007; 157E030; 157E034; 157E059; 385R3632; 377R0222 and Monopoly forwarding agents Date reasoned opinion sent: 91/04/16 Date of referral: 92/04/14 CÜ92/119 Date of judgment: 94/02/09 Commission Date 2nd Art. 171 letter sent: 95/11/16 97/06/26: termination decision 94/4232 157E095 Recycling tax on polyethylene - plastic pellets Date reasoned opinion sent: 96/07/10 97/07/23: termination decision 95/2166 682J0199; 694J0125 TEE - repayment of charged - restrictions national law Date reasoned opinion sent: 97/09/17 taxes wrongly by imposed 84/0346 157E009; 157E028; 368R0950 DutyÜfree equipment Date reasoned opinion sent: 85/07/25 imports of non military 10. 8. 98 EN Official Journal of the European Communities C 250/109 NETHERLANDS Number: Legal base: Title: Dd. ro: PORTUGAL Number: Legal base: Title: Dd. ro: 84/0347 157E009; 157E028; 368R0950 DutyÜfree equipment Date reasoned opinion sent: 85/07/25 imports of non military Dd. ro: Number: Legal base: Title: Dd. ro: Date reasoned opinion sent: 85/06/06 84/0344 157E009; 157E028; 368R0950 DutyÜfree equipment Date reasoned opinion sent: 85/07/25 imports of non military 90/0079 387R2658; 157E028 DutyÜfree imports equipment Date reasoned opinion sent: 93/01/20 of non military UNITED KINGDOM Number: Legal base: Title: 84/0126 377R1535 Civil aircraft subsequently used as military aircraft imported duty free and Enterprise policy, commerce, tourism and cooperatives SPAIN Number: Legal base: Title: Dd. ro: Dd. ref: Case: Dd. ju. : Ju. for: Dd. 171: Dd. term: admission in museum 87/0352 157E059; 157E048; 157E052; 157E007 Discrimination charges Date reasoned opinion sent: 88/07/08 Date of referral: 93/02/16 CÜ93/045 Date of judgment: 94/03/15 Commission Date Art. 171 letter sent: 96/11/26 97/12/10: termination decision C 250/110 EN Official Journal of the European Communities 10. 8. 98 ANNEX IV REPORT ON THE APPLICATION OF DIRECTIVES NB: This annex includes all directives where no measures have been notified or which have not been properly implemented or applied during 1997, and gives the state of infringement proceedings started by the Commission against Member States at 31 December 1997. "Failure to notify measures’ includes both a complete absence of any notification of national implementing measures and cases of incomplete notification of such measures. Contents 1. AN AREA WITHOUT INTERNAL FRONTIERS . - Removal of technical barriers. Technical standards . Foodstuffs . Pharmaceutical products . Chemicals . Motor vehicles, tractors and motorcycles . Construction products . Machinery . Cosmetics . Textiles . Free movement - special arrangements . Liability for defective products . - Persons. Right of residence . Right to vote and stand in elections . Recognition of qualifications . Independent commercial agents . - Services. Audiovisual media . Telecommunications . Financial services . - Company law. - Intellectual and industrial property. - Public procurement. - Removal of tax barriers. Direct taxation . Indirect taxation . Page 111 111 111 111 117 117 119 121 121 123 125 125 125 125 125 125 126 127 128 128 128 129 131 133 133 135 135 135 2. CONSUMER PROTECTION AND PRODUCT SAFETY . 137 3. COMPETITION . 138 4. SOCIAL AFFAIRS AND EMPLOYMENT . 138 5. AGRICULTURE . 143 6. ENVIRONMENT . 172 7. TRANSPORT . 181 8. ENERGY . 186 9. STATISTICS . 187 10. 8. 98 EN Official Journal of the European Communities C 250/111 1. AN AREA WITHOUT INTERNAL FRONTIERS Italy - 97/0016, not properly applied, reasoned - Removal of technical barriers Technical standards 83/0189 Technical standards (amended by Directives 88/0182 and 94/0010) Member States which have notified implementing measures: all reasoned Belgium - 95/0211, not properly applied, opinion in 1995, referral (suspended) Belgium - 95/0650, not properly applied, reasoned opinion (suspended) Belgium - 96/0224, not properly applied, reasoned opinion in 1997 Germany - 92/0956, not properly applied, reasoned opinion in 1995 Germany - 95/0225, not properly applied, reasoned opinion (suspended) opinion in 1997 Netherlands - 89/0549, not properly applied, referral in 1993 (Case CÜ93/061), judgment in 1994 Netherlands - 94/0461, not properly applied, opinion in 1995 reasoned Netherlands - 95/0665, not properly applied, opinion (suspended) reasoned 88/0182 (DG6) Technical standards (amending Directive 83/0189) Member States which have notified implementing measures: all in Italy - 91/0565, not properly applied, referral 1994 (Case CÜ94/289) Italy - 92/0646, not properly applied, reasoned opinion in 1993 Netherlands - 91/0747, not properly applied, referral in 1993 (Case CÜ93/052), judgment in 1994 Netherlands - 91/2328, not properly applied, referral in 1994 (Case CÜ94/273) Italy - 93/0614, not properly applied, referral in Germany - 95/0666, not properly applied, reasoned 1995 (Case CÜ95/289) opinion in 1997 Germany - 96/1136, not properly applied, reasoned opinion in 1997 Germany - 97/0005, not properly applied, reasoned opinion in 1997 France - 96/0554, not properly applied, reasoned opinion in 1997 France - 97/0193, not properly applied, reasoned opinion in 1997 France - 97/0194, not properly applied, reasoned opinion in 1997 Greece - 93/0508, not properly applied, reasoned opinion in 1995 Greece - 96/0681, not properly applied, reasoned opinion in 1997 (suspended) Greece - 96/0697, not properly applied, reasoned opinion in 1997 (suspended) Greece - 97/0032, not properly applied, reasoned opinion in 1997 Ireland - 97/0007, not properly applied, reasoned opinion in 1997 (suspended) Italy - 92/0958, not properly applied, reasoned (Case in 1994 opinion in 1993, referral CÜ94/279), judgment in 1997 Italy Italy Italy Italy - 94/0329, not properly applied, reasoned opinion (suspended) - 94/0330, not properly applied, opinion in 1995, referral (suspended) reasoned - 96/0552, not properly applied, reasoned opinion (suspended) - 97/0006, not properly applied, reasoned opinion (suspended) Netherlands - 93/2267, not properly applied, opinion in 1994 reasoned Foodstuffs 74/0409 Honey Member States which have notified implementing measures: all - 91/42435, not properly implemented, referral Italy decided in June 1997 79/0112 Labelling of foodstuffs Member States which have notified implementing measures: all - 93/4345, not properly applied, Art. 169 letter Greece in 1995, supplementary Art. 169 letter decided in 1997 83/0417 Caseins and caseinates Member States which have notified implementing measures: all reasoned Netherlands - 95/2309, not properly applied, opinion decided in 1997 86/0424 Caseins Member States which have notified implementing measures: all Netherlands - 95/2309, not properly applied, Art. 169 letter to be sent C 250/112 EN Official Journal of the European Communities 10. 8. 98 89/0107 Additives in foodstuffs Member States which have notified implementing measures: all Netherlands - 93/2274, not properly applied France Italy - 96/0088, no measures notified, opinion in 1996, terminated in 1997 reasoned - 96/0126, no measures notified, opinion in 1996, terminated in 1997 reasoned 90/0612 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all except S Luxembourg - 96/0145, no measures notified, opinion in 1996, terminated in 1997 reasoned Portugal - 96/0173, no measures notified, Art. 169 letter in 1996, terminated in 1997 91/0321 Infant formulae Member States which have notified implementing measures: all reasoned Germany - 93/0808, no measures notified, opinion in 1996, terminated in 1997 92/0001 QuickÜfrozen foodstuffs Member States which have notified implementing measures: all reasoned France - 93/0923, no measures notified, opinion in 1997, to be terminated in 1998 Ireland - 93/0934, no measures notified, Art. 169 letter in 1993, terminated in 1997 93/0099 Foodstuffs - official control Member States which have notified implementing measures: all reasoned France - 94/0560, no measures notified, opinion in 1997, terminated in 1997 Italy - 95/0546, no measures notified, opinion in 1997, terminated in 1997 reasoned 93/0102 Labelling of foodstuffs Member States which have notified implementing measures: all reasoned Ireland - 95/0308, no measures notified, opinion in 1996, terminated in 1997 92/0002 Community method of analysis temperatures of quick frozen foods Member States which have notified implementing measures: all reasoned France - 93/0924, no measures notified, the control of for the opinion in 1997, to be terminated in 1998 Ireland - 93/0935, no measures notified, Art. 169 letter in 1993, terminated in 1997 92/0052 Infant formulae for export Member States which have notified implementing measures: all reasoned Germany - 94/0646, no measures notified, opinion in 1995, terminated in 1997 93/0043 Hygiene of foodstuffs Member States which have notified implementing measures: all except EL, IRL Belgium - 96/0002, no measures notified, opinion in 1996, terminated in 1997 reasoned 94/0035 Sweeteners in foodstuffs Member States which have notified implementing measures: all except D Belgium - 96/0006, no measures notified, opinion in 1996, terminated in 1997 reasoned Germany - 96/0038, no measures notified, Art. 169 letter in 1996 France - 96/0091, no measures notified, Art. 169 letter in 1996, to be terminated in 1998 94/0036 Foodstuffs for human consumption - colouring matter Member States which have notified implementing measures: all except D Belgium - 96/0007, no measures notified, opinion in 1996, terminated in 1997 reasoned Germany - 96/0035, no measures notified, opinion in 1996, terminated in 1997 reasoned Germany - 96/0039, no measures notified, reasoned opinion in 1997 Ireland - 96/0107, no measures notified, reasoned opinion in 1996 France - 96/0092, no measures notified, reasoned opinion in 1997, to be terminated in 1998 Greece - 96/0049, no measures notified, reasoned Portugal - 96/0179, no measures notified, Art. 169 letter opinion in 1996 in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/113 94/0052 Extraction solvents used in the production of foodstuffs Member States which have notified implementing measures: all except F France - 96/0093, no measures notified, reasoned opinion in 1996 Portugal - 96/0180, no measures notified, opinion in 1997, terminated in 1997 reasoned 94/0054 Labelling of foodstuffs Member States which have notified implementing measures: all except F France - 95/0512, no measures notified, reasoned opinion in 1997 Germany - 96/0249, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 96/0265, no measures notified, Art. 169 letter in 1996, terminated in 1997 France - 96/0284, no measures notified, Art. 169 letter in 1996, to be terminated in 1998 Italy - 96/0307, no measures notified, Art. 169 letter in 1996, terminated in 1997 Luxembourg - 96/0320, no measures notified, Art. 169 letter in 1996, terminated in 1997 Portugal - 96/0341, no measures notified, Art. 169 letter in 1996 Ireland - 95/0531, no measures notified, Art. 169 letter in 1995, terminated in 1997 Austria - 96/0475, no measures notified, Art. 169 letter in 1996, terminated in 1997 Italy - 95/0554, no measures notified, opinion in 1996, terminated in 1997 reasoned Portugal - 95/0619, no measures notified, opinion in 1996, terminated in 1997 reasoned 95/0002 Additives in foodstuffs other than colours and sweeteners Member States which have notified implementing measures: all except B, D, P Germany - 96/0889, no measures notified, Art. 169 letter in 1997 Belgium - 96/0860, no measures notified, Art. 169 letter in 1997 Spain - 96/0938, no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0031 Specific purity criteria for sweeteners Member States which have notified implementing measures: all except D Belgium - 96/0863, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 96/0891, no measures notified, Art. 169 letter in 1997 Spain - 96/0942, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 96/0959, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Ireland - 96/0981, no measures notified, Art. 169 letter France - 96/0955, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, to be terminated in 1998 Ireland - 96/0977, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 96/1031, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 96/1016, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 96/1045, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 96/1042, no measures notified, Art. 169 letter in 1997 Austria - 96/1083, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/1080, no measures notified, Art. 169 letter Finland - 96/1105, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 Finland - 96/1001, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/1120, no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0003 Plastic materials and articles intended to come into contact with foodstuffs Member States which have notified implementing measures: all except B, P Belgium - 96/0232, no measures notified, Art. 169 letter in 1996 95/0045 Specific purity criteria for colours Member States which have notified implementing measures: all except D Belgium - 96/0869, no measures notified, Art. 169 letter in 1997, terminated in 1997 C 250/114 EN Official Journal of the European Communities 10. 8. 98 Germany - 96/0898, no measures notified, Art. 169 letter Sweden - 96/0505, no measures notified, Art. 169 letter in 1997 in 1996, terminated in 1997 Spain - 96/0945, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 96/0965, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Ireland - 96/0984, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Italy - 96/1003, no measures notified, Art. 169 letter 96/0004 Infant formulae and follow on formulae Member States which have notified implementing measures: all except B, EL, E, F, IRL, I, P Belgium - 97/0195, no measures notified, Art. 169 letter in 1997 Denmark - 97/0200, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 Greece - 97/0206, no measures notified, Art. 169 letter in 1997 Luxembourg - 96/1020, no measures notified, Art. 169 letter in 1997, terminated in 1997 Spain - 97/0214, no measures notified, Art. 169 letter in 1997 Portugal - 96/1053, no measures notified, Art. 169 letter France - 97/0219, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997 Austria - 96/1088, no measures notified, Art. 169 letter in 1997, terminated in 1997 Ireland - 97/0225, no measures notified, Art. 169 letter in 1997 Italy - 97/0229, no measures notified, Art. 169 letter Finland - 96/1112, no measures notified, Art. 169 letter in 1997 in 1997, terminated in 1997 Sweden - 96/1126, no measures notified, Art. 169 letter Luxembourg - 97/0233, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 Austria - 97/0242, no measures notified, Art. 169 letter 96/0003 Hygiene of foodstuffs Member States which have notified implementing measures: all except B, F, IRL, L, A, P, UK Belgium - 96/0238, no measures notified, Art. 169 letter in 1996 Germany - 96/0258, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 96/0273, no measures notified, Art. 169 letter in 1996, terminated in 1997 France - 96/0292, no measures notified, Art. 169 letter in 1996 Ireland - 96/0302, no measures notified, Art. 169 letter in 1996 Italy - 96/0313, no measures notified, Art. 169 letter in 1996, terminated in 1997 Luxembourg - 96/0328, no measures notified, Art. 169 letter in 1996 in 1997, to be terminated in 1998 Portugal - 97/0248, no measures notified, Art. 169 letter in 1997 Finland - 97/0252, no measures notified, Art. 169 letter in 1996, terminated in 1997 96/0005 CerealÜbased foods and baby foods Member States which have notified implementing measures: all except B, D, EL, E, F, IRL, I, A, P, UK Belgium - 97/0539, no measures notified, Art. 169 letter in 1997 Germany - 97/0571, no measures notified, Art. 169 letter in 1997 Greece - 97/0584, no measures notified, Art. 169 letter in 1997 Spain - 97/0603, no measures notified, Art. 169 letter in 1997 France - 97/0617, no measures notified, Art. 169 letter in 1997 Ireland - 97/0630, no measures notified, Art. 169 letter in 1997 Italy - 97/0647, no measures notified, Art. 169 letter Portugal - 96/0347, no measures notified, Art. 169 letter in 1997 in 1996 - 96/0356, no measures notified, Art. 169 letter Austria - 97/0685, no measures notified, Art. 169 letter in 1997 in 1996 Portugal - 97/0701, no measures notified, Art. 169 letter United Kingdom in 1997 Austria - 96/0483, no measures notified, Art. 169 letter in 1996 United Kingdom - 97/0748, no measures notified, Art. 169 letter in 1997 Finland - 96/0594, no measures notified, Art. 169 letter Sweden - 97/0734, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1997, to be terminated in 1998 10. 8. 98 EN Official Journal of the European Communities C 250/115 96/0008 Foodstuffs for use in energy restricted diets Member States which have notified implementing measures: all except B, D, EL, F, IRL, I, A, P, UK Belgium - 97/0540, no measures notified, Art. 169 letter in 1997 Denmark - 97/0555, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Germany - 97/0572, no measures notified, Art. 169 letter in 1997 Greece - 97/0585, no measures notified, Art. 169 letter in 1997 Portugal - 97/0249, no measures notified, Art. 169 letter in 1997 Finland - 97/0243, no measures notified, Art. 169 letter in 1997, terminated in 1997 96/0021 Labelling of foodstuffs Member States which have notified implementing measures: all except B, D, F, P Belgium - 96/0875, no measures notified, Art. 169 letter in 1997 Spain - 97/0604, no measures notified, Art. 169 letter Denmark - 96/0885, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 in 1996, terminated in 1997 France - 97/0618, no measures notified, Art. 169 letter in 1997 Germany - 96/0906, no measures notified, Art. 169 letter in 1997 Ireland - 97/0631, no measures notified, Art. 169 letter in 1997 Italy - 97/0648, no measures notified, Art. 169 letter in 1997 Austria - 97/0686, no measures notified, Art. 169 letter Greece - 96/0932, no measures notified, Art. 169 letter in 1996, terminated in 1997 Spain - 96/0950, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997 France - 96/0972, no measures notified, Art. 169 letter in 1997 Portugal - 97/0702, no measures notified, Art. 169 letter in 1997 Finland - 97/0717, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Sweden - 97/0735, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 United Kingdom - 97/0749, no measures notified, Art. 169 letter in 1997 96/0011 Plastic materials and articles intended to come into contact with foodstuffs Member States which have notified implementing measures: all except B, P Belgium - 97/0196, no measures notified, Art. 169 letter in 1997 Germany - 97/0203, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 97/0207, no measures notified, Art. 169 letter in 1997, terminated in 1997 Ireland - 96/0992, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 96/1009, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 96/1027, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 96/1098, no measures notified, Art. 169 letter in 1997 Austria - 96/1098, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/1132, no measures notified, Art. 169 letter in 1997, terminated in 1997 96/0070 Exploitation and marketing of natural mineral waters Member States which have notified NL, FIN, S Belgium - 97/0544, no measures notified, Art. 169 letter implementing measures: Spain - 97/0215, no measures notified, Art. 169 letter in 1997 in 1997, terminated in 1997 France - 97/0220, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Ireland - 97/0226, no measures notified, Art. 169 letter in 1997, terminated in 1997 Denmark - 97/0560, no measures notified, Art. 169 letter in 1997 Germany - 97/0577, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0234, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 97/0592, no measures notified, Art. 169 letter in 1997 Austria - 97/0243, no measures notified, Art. 169 letter Spain - 97/0607, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 in 1997 C 250/116 EN Official Journal of the European Communities 10. 8. 98 France - 97/0623, no measures notified, Art. 169 letter in 1997 Ireland - 97/0637, no measures notified, Art. 169 letter in 1997 Italy - 97/0654, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0668, no measures notified, Art. 169 letter in 1997 Austria - 97/0691, no measures notified, Art. 169 letter in 1997 Portugal - 97/0706, no measures notified, Art. 169 letter in 1997 Finland - 97/0723, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Sweden - 97/0741, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 96/0083 Sweeteners for use in foodstuffs Transposed by: DK, EL, FIN, S, UK No infringement proceedings 96/0084 Foodstuffs intended for particular nutritional uses Member States which have notified implementing measures: all except B, D, EL, E, IRL, I, P, UK Belgium - 97/0545, no measures notified, Art. 169 letter in 1997 Denmark - 97/0561, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Germany - 97/0578, no measures notified, Art. 169 letter in 1997 Greece - 97/0593, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0755, no measures notified, Art. 169 letter Spain - 97/0608, no measures notified, Art. 169 letter in 1997 in 1997 96/0077 Specific purity criteria for food additives other than colours and sweeteners Member States which have notified implementing measures: all except D, E, IRL, I, A, P Belgium - 97/0269, no measures notified, Art. 169 letter in 1997, terminated in 1997 Denmark - 97/0289, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 97/0300, no measures notified, Art. 169 letter in 1997 Ireland - 97/0638, no measures notified, Art. 169 letter in 1997 Italy - 97/0655, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0669, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Portugal - 97/0707, no measures notified, Art. 169 letter in 1997 Finland - 97/0724, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Sweden - 97/0742, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Greece - 97/0316, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 97/0756, no measures notified, Art. 169 letter in 1997 Spain - 97/0333, no measures notified, Art. 169 letter in 1997 France - 97/0350, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Ireland - 97/0364, no measures notified, Art. 169 letter in 1997 Italy - 97/0376, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0392, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 97/0458, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0419, no measures notified, Art. 169 letter in 1997 Portugal - 97/0435, no measures notified, Art. 169 letter in 1997 implementing measures: 96/0085 Food additives other than colours and sweeteners Member States which have notified DK, F, NL, FIN, S, UK Belgium - 97/0271, no measures notified, Art. 169 letter in 1997 Denmark - 97/0289, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 97/0301, no measures notified, Art. 169 letter in 1997 Greece - 97/0318, no measures notified, Art. 169 letter in 1997 Spain - 97/0334, no measures notified, Art. 169 letter in 1997 France - 97/0352, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 United Kingdom - 97/0472, no measures notified, Art. 169 letter Ireland - 97/0365, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/117 Italy - 97/0378, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0394, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0407, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 97/0459, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0421, no measures notified, Art. 169 letter in 1997 Portugal - 97/0436, no measures notified, Art. 169 letter in 1997 Finland - 97/0446, no measures notified, Art. 169 letter in 1997, terminated in 1997 92/0073 Homeopathic medicinal products for human use Member States which have notified implementing measures: all except B, F Belgium - 94/0014, no measures notified, Art. 169 letter in 1994, referral scheduled France Ireland - 94/0176, no measures notified, opinion in 1996, referral scheduled reasoned - 94/0208, no measures notified, Art. 169 letter in 1994, reasoned opinion, terminated in 1997 92/0074 Homeopathic veterinary medicinal products Member States which have notified implementing measures: all except B, F Belgium - 94/0015, no measures notified, opinion in 1996, referral scheduled reasoned United Kingdom - 97/0474, no measures notified, Art. 169 letter France in 1997, terminated in 1997 - 94/0177, no measures notified, opinion in 1996, referral scheduled reasoned Portugal - 94/0341, no measures notified, reasoned opinion in 1996, referral, terminated in 1997 United Kingdom - 94/0375, no measures notified, opinion in 1996, terminated in 1997 reasoned Pharmaceutical products 89/0381 Medicinal products derived from human blood Member States which have notified implementing measures: all - 96/0407, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 90/0676 Veterinary medicinal products Member States which have notified implementing measures: all reasoned Portugal - 93/0438, no measures notified, opinion in 1996, terminated in 1997 91/0412 Principles and guidelines of good manufacturing practice for veterinary medicinal products Member States which have notified implementing measures: all reasoned Portugal - 93/0944, no measures notified, opinion in 1996, terminated in 1997 91/0507 Testing of medicinal products Member States which have notified implementing measures: all in France - 92/0228, no measures notified, referral 1996 (Case CÜ23/96), terminated in 1997 93/0039 Medicines Member States which have notified implementing measures: all except D Germany - 95/0251, no measures notified, opinion in 1996, referral scheduled reasoned Italy Ireland - 95/0316, no measures notified, opinion in 1996, terminated in 1997 reasoned - 95/0304, no measures notified, opinion in 1996, terminated in 1997 reasoned 93/0040 Veterinary medicinal products Member States which have notified implementing measures: all except D, F Germany - 95/0252, no measures notified, opinion in 1996, referral scheduled reasoned Greece - 97/2197 not properly implemented, Art. 169 letter in 1997 France Portugal - 95/0293, no measures notified, opinion in 1996, referral scheduled reasoned - 95/0358, no measures notified, opinion in 1996, terminated in 1997 reasoned France - 95/0291, no measures notified, Art. 169 letter in 1995, terminated in 1997 Chemicals Austria - 96/0425, no measures notified, reasoned opinion in 1997 Ireland - 95/0303, no measures notified, Art. 169 letter in 1995, reasoned opinion, terminated in 1997 90/0035 Packaging - child safety Member States which have notified implementing measures: all except A C 250/118 EN Official Journal of the European Communities 10. 8. 98 91/0155 Dangerous preparations Member States which have notified implementing measures: all except A 91/0338 Dangerous substances and preparations Member States which have notified implementing measures: all except B, NL Belgium - 93/0024, no measures notified, opinion in 1995, referral scheduled reasoned Netherlands - 93/0390, no measures notified, reasoned opinion in 1996 91/0659 Dangerous substances and preparations Member States which have notified implementing measures: all except B Belgium - 93/0020, no measures notified, opinion in 1994, referral scheduled reasoned 92/0109 Narcotic drugs and psychotropic substances Member States which have notified implementing measures: all except F, I France - 93/0755, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, referral scheduled Italy - 93/0800, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, referral scheduled 93/0015 Placing on the market and supervision of explosives for civil uses (deadline for transposal: 30. 9. 1993 and 30. 6. 1994) Member States which have notified implementing measures: all except D, E, F, I Germany - 94/0616 and 94/0649, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent Greece - 94/0699, no measures notified, Art. 169 letter in 1994, to be terminated Greece - 94/0425, no measures notified, Art. 169 letter in 1994, to be terminated Spain - 94/0437 and 94/0663, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent France - 94/0676, no measures notified, Art. 169 letter 93/0018 Dangerous preparations Member States which have notified implementing measures: all except IRL, I, P Ireland - 94/0856, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent Italy - 94/0875, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent Portugal - 94/0932, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent 93/0069 Fertilisers Member States which have notified implementing measures: all except B, EL, F Belgium - 94/0520, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent France - 94/0792, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent Greece - 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, P Spain - 95/0288, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent Italy - 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 the marketing of dangerous 94/0060 Restrictions on (CMT/aerosols/solvents/creosote) Member States which have notified implementing measures: all except B, F, IRL, I Belgium - 96/0010, no measures notified, Art. 169 letter substances in 1996, reasoned opinion to be sent France - 96/0095, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent in 1994, to be terminated Greece - 96/0058, no measures notified, Art. 169 letter France - 94/0449, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent - 94/0468, no measures notified, Art. 169 letter in 1994, to be terminated Italy Italy in 1996, to be terminated Ireland - 96/0115, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent - 94/0721, no measures notified, Art. 169 letter Italy - 96/0134, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent in 1996, reasoned opinion to be sent 10. 8. 98 EN Official Journal of the European Communities C 250/119 95/0008 Fertilisers Member States which have notified implementing measures: all except F, EL, IRL, L France - 96/0098, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent Greece - 96/0061, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent Ireland - 96/0117, no measures notified, Art. 169 letter in 1996, to be terminated Luxembourg - 96/0154, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 96/0065 Use of certain dangerous substances and preparations Member States which have notified none implementing measures: 97/0010 Use of certain dangerous substances and preparations Member States which have notified implementing measures: UK 97/0016 Use of certain dangerous substances and preparations Member States which have notified none implementing measures: Motor vehicles, tractors and motorcycles 93/0014 Braking systems of twoÜ and three wheel motor vehicles Member States which have notified implementing measures: all except S 93/0029 Identification of controls, tell tales and indicators for twoÜ and three wheel motor vehicles Member States which have notified implementing measures: all except S 93/0030 Audible warning devices for twoÜ or three wheel motor vehicles Member States which have notified implementing measures: all except S 93/0031 Stands for twoÜ or three wheel motor vehicles Member States which have notified implementing measures: all except S 93/0032 Passenger hand holds for twoÜ or three wheel motor vehicles Member States which have notified implementing measures: all except S 93/0033 Devices to prevent unauthorised use of twoÜ or three wheel motor vehicles Member States which have notified implementing measures: all except S 93/0034 Statutory markings for twoÜ or three wheel motor vehicles Member States which have notified implementing measures: all except S 93/0092 Lighting and light signalling devices of twoÜ or three wheeled motor vehicles Member States which have notified implementing measures: all except S 93/0093 Masses and dimensions of twoÜ or three wheeled motor vehicles Member States which have notified implementing measures: all except S 93/0094 Mounting of registration plate for twoÜ or three wheeled motor vehicles Member States which have notified implementing measures: all except S 94/0012 Pollution by emissions from motor vehicles Member States which have notified implementing measures: all - 94/0974, no measures notified, Art. 169 letter Greece in 1996, to be in 1995, reasoned opinion terminated in 1998 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 95/0001 Torque and net engine power of twoÜ and three wheeled motor vehicles Member States which have notified B, E, EL, F, FIN, IRL, I, L Austria - 96/1079, no measures notified, Art. 169 letter implementing measures: in 1997 Denmark - 96/0878, no measures notified, Art. 169 letter in 1997 Germany - 96/0888, no measures notified, Art. 169 letter in 1997 Netherlands - 96/1030, no measures notified, Art. 169 letter in 1997 Portugal - 96/1041, no measures notified, Art. 169 letter in 1997 Sweden - 96/1128, no measures notified, Art. 169 letter in 1997 United Kingdom - 96/1066, no measures notified, Art. 169 letter in 1997 C 250/120 EN Official Journal of the European Communities 10. 8. 98 95/0028 Burning behaviour Member States which have notified implementing measures: all except L, NL, P Sweden - 96/0504, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 96/0354, no measures notified, Art. 169 letter in 1996 95/0048 Weights and dimensions of category M1 motor vehicles Member States which have notified implementing measures: all except A, D, IRL, NL Austria - 96/0481, no measures notified, Art. 169 letter in 1996 Germany - 96/0254, no measures notified, Art. 169 letter in 1996 Spain - 96/0278, no measures notified, Art. 169 letter in 1996, terminated in 1997 implementing measures: 96/0001 Emissions - Small diesel engines Member States which have notified B, DK, E, FIN, I, L, NL, S Austria - 96/1091, no measures notified, Art. 169 letter in 1997 Germany - 96/0900, no measures notified, Art. 169 letter in 1997 Greece - 96/0926, no measures notified, Art. 169 letter in 1997 Ireland - 96/0300, no measures notified, Art. 169 letter in 1996 France - 96/0967, no measures notified, Art. 169 letter in 1997 Italy - 96/0311, no measures notified, Art. 169 letter in 1996, terminated in 1997 Portugal - 96/1057, no measures notified, Art. 169 letter in 1997 Netherlands - 96/0335, no measures notified, Art. 169 letter in 1996 United Kingdom - 96/1073, no measures notified, Art. 169 letter in 1997 Portugal - 96/0344, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/0503, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 96/0353, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0056 Devices to prevent the unauthorised use of motor vehicles Member States which have notified implementing measures: all except A, I, L, UK Austria - 96/0482, no measures notified, Art. 169 letter in 1996 Germany - 96/0255, no measures notified, Art. 169 letter in 1996, terminated in 1997 Spain - 96/0279, no measures notified, Art. 169 letter in 1996, terminated in 1997 France - 96/0289, no measures notified, Art. 169 letter in 1996, terminated in 1997 Ireland - 96/0301, no measures notified, Art. 169 letter in 1996, terminated in 1997 Italy - 96/0346, no measures notified, Art. 169 letter in 1996 Luxembourg - 96/0325, no measures notified, Art. 169 letter in 1996 Netherlands - 96/0336, no measures notified, Art. 169 letter in 1996, terminated in 1997 Portugal - 96/0346, no measures notified, Art. 169 letter implementing measures: 96/0020 Sound level of motor vehicles Member States which have notified B, DK, E, FIN, I, IRL, NL, S Austria - 96/1097, no measures notified, Art. 169 letter in 1997 Germany - 96/0905, no measures notified, Art. 169 letter in 1997 Greece - 96/0931, no measures notified, Art. 169 letter in 1997 Spain - 96/0949, no measures notified, Art. 169 letter in 1997 Luxembourg - 96/1026, no measures notified, Art. 169 letter in 1997 Portugal - 96/1061, no measures notified, Art. 169 letter in 1997 United Kingdom - 96/1074, no measures notified, Art. 169 letter in 1997 96/0027 Lateral protection of occupants of motor vehicles Member States which have notified D, S implementing measures: 96/0036 Safety belts and restraint systems of motor vehicles Member States which have notified implementing measures: all except B Belgium - 97/0025, no measures notified, reasoned in 1996, terminated in 1997 opinion to be sent in 1998 10. 8. 98 EN Official Journal of the European Communities C 250/121 96/0037 Interior fittings of motor vehicles (resistance of seats and their anchorages) Member States which have notified B, F, IRL, I implementing measures: 76/0696 NonÜautomatic weighing machines Member States which have notified implementing measures: all except A, S 96/0038 Anchorages for motor vehicle safety belts Member States which have notified B, F, IRL, I implementing measures: 96/0044 Emissions from motor vehicles Member States which have notified B, FIN, I implementing measures: 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 96/0063 Braking devices of wheeled agricultural or forestry tractors Member States which have notified implementing measures: F 78/1031 Automatic checkweighing machines Member States which have notified implementing measures: all except S 96/0064 MotorÜvehicle towing devices Member States which have notified implementing measures: F Construction products 89/0106 Construction products Member States which have notified implementing measures: all except A, B Belgium - 92/0026, no measures notified, referral in 1996 (Case CÜ96/263) Austria - 96/0404, no measures notified, reasoned opinion in 1997 Machinery 69/0493 Crystal glass Member States which have notified implementing measures: all except FIN, S 71/0349 Calibration of the tanks of vessels Member States which have notified implementing measures: all except S 73/0360 Weighing instruments Member States which have notified implementing measures: all except A, S 74/0331 Gas volume meters Member States which have notified implementing measures: all except FIN 75/0410 Continuous totalising weighing machines Member States which have notified implementing measures: all except FIN 82/0623 Gas volume meters Member States which have notified implementing measures: all except S 82/0624 Alcoholometers Member States which have notified implementing measures: all except S 82/0625 Measuring systems for liquids Member States which have notified implementing measures: all except S 83/0128 Clinical thermometers - mercury Member States which have notified implementing measures: all except S 84/0414 Thermometers Member States which have notified implementing measures: all except S 84/0539 ElectroÜmedical equipment Member States which have notified A, B, DK, D, EL, E, F, IRL, I, L, NL, P, UK implementing measures: 86/0217 Pressure gauges Member States which have notified implementing measures: all except S 89/0336 Electromagnetic compatibility Member States which have notified implementing measures: all except IRL Ireland - 92/0793, no measures notified, reasoned opinion (Case CÜ94/240), judgment in 1995, Art. 171 letter in 1996, Art. 171 reasoned opinion in 1997 in 1993, referral in 1994 C 250/122 EN Official Journal of the European Communities 10. 8. 98 89/0617 Units of measurement Member States which have notified implementing measures: all except E Spain - 92/0157, no measures notified, supplementary reasoned opinion in 1994 Spain - 94/0830, no measures notified, Art. 169 letter in 1995, terminated in 1997 France - 94/0844, no measures notified, Art. 169 letter in 1995, terminated in 1997 90/0018 Good laboratory practice Member States which have notified implementing measures: all except UK 90/0385 Active implantable medical devices Member States which have notified implementing measures: all except B Belgium - 92/0657, no measures notified, reasoned opinion (Case CÜ95/239), judgment in 1996, Art. 171 letter in 1996, Art. 171 reasoned opinion in 1997 in 1993, referral in 1994 92/0031 Electromagnetic compatibility (amendment) Member States which have notified implementing measures: all except IRL Ireland - 92/0815, no measures notified, reasoned (Case opinion CÜ94/240), judgment in 1995, Art. 171 letter in 1996, Art. 171 reasoned opinion in 1997 in 1993, referral in 1994 93/0042 Medical devices Member States which have notified implementing measures: all reasoned Belgium (Case - 94/0784, no measures notified, in 1996 opinion CÜ96/294), terminated in 1997 in 1995, referral Italy - 94/0878, no measures notified, opinion in 1995, terminated in 1997 reasoned Italy - 94/0883, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Ireland - 94/0861, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Luxembourg - 94/0905, no measures notified, Art. 169 letter in 1997 Netherlands - 94/0918, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Portugal - 94/0941, no measures notified, Art. 169 letter in 1995, terminated in 1997 United Kingdom - 94/0963, no measures notified, Art. 169 letter in 1995, terminated in 1997 93/0095 Personal protective equipment Member States which have notified implementing measures: all reasoned Italy - 94/0470, no measures notified, opinion in 1995, terminated in 1997 94/0001 Aerosol dispensers Member States which have notified implementing measures: all reasoned Italy - 94/0891, no measures notified, opinion in 1995, referral, terminated in 1997 94/0009 Electrical equipment in explosive atmosphere Member States which have notified implementing measures: all except B, D, IRL, I Belgium - 95/0672, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 93/0068 EC labelling Member States which have notified B, EL, E, F, P, FIN, S, UK Austria - no measures notified implementing measures: Germany - 95/0679, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Belgium - 94/0789, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Italy - 95/0701, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Denmark - 94/0802, no measures notified, Art. 169 letter in 1995, terminated in 1997 Ireland - 95/0696, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Germany - 94/0815, no measures notified, Art. 196 letter in 1995, reasoned opinion in 1997 Netherlands - 95/0710, no measures notified, Art. 169 letter in 1995, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/123 94/0011 Labelling of materials used in footwear Member States which have notified implementing measures: all except L Luxembourg - 96/0317, no measures notified, opinion 10. 12. 1997 reasoned 94/0025 Recreational craft Member States which have notified implementing measures: all except B, E, IRL Belgium - 96/0005, no measures notified, Art. 169 letter in 1996 and in 1997 Greece - 96/0052, no measures notified, Art. 169 letter in 1996, to be terminated in 1998 Spain - 96/0071, no measures notified, opinion in 1997, referral scheduled reasoned Ireland - 96/0109, no measures notified, reasoned opinion to be sent Italy - 96/0128, no measures notified, Art. 169 letter in 1996, to be terminated in 1998 Luxembourg - 96/0147, no measures notified, reasoned opinion in 1997, to be terminated in 1998 Portugal - 96/0177, no measures notified, Art. 169 letter in 1996, to be terminated in 1998 France - 97/0076, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 Ireland - 97/0086, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 Italy - 97/0098, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 Luxembourg - 97/0108, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 Portugal - 97/0148, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 95/0054 Electromagnetic compatibility Member States which have notified implementing measures: all except F France - 96/0105, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 96/0058 Personal protection equipment (amendment 89/0686) Member States which have notified implementing measures: all - no measures notified, Art. 169 letter in 1997, Belgium terminated in 1997 Denmark - no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - no measures notified, Art. 169 letter in 1997, terminated in 1997 Spain - no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 96/0198, no measures notified, Art. 169 letter France - no measures notified, Art. 169 letter in 1997, in 1996, to be terminated in 1998 terminated in 1997 in explosive atmosphere 94/0026 Electrical equipment 79/0196) Member States which have notified implementing measures: all except IRL Ireland - 95/0310, no measures notified, (amendment reasoned opinion in 1996 Ireland - no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0016 Lifts Member States which have notified DK, EL, E, NL, A, FIN, S, UK Belgium implementing measures: Cosmetics - 97/0022, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 Germany - 97/0034, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 76/0768 Cosmetics Member States which have notified implementing measures: all - 90/0207, not properly implemented, reasoned Portugal opinion in 1992, terminated in 1997 C 250/124 EN Official Journal of the European Communities 10. 8. 98 Greece - 92/4341, not properly implemented, reasoned Greece opinion in 1996, terminated in 1997 - 95/0458, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 93/0035 Cosmetics Member States which have notified implementing measures: all except B, D, E, P Belgium - 95/0393, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Germany - 95/0432, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent Greece - 95/0450, no measures notified, Art. 169 letter in 1995, terminated in 1997 Spain - 95/0476, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 France - 95/0508, no measures notified, Art. 169 letter in 1995, terminated in 1997 Ireland - 95/0522, no measures notified, Art. 169 letter in 1995, terminated in 1997 Italy - 95/0541, no measures notified, Art. 169 letter in 1995, terminated in 1997 Portugal - 95/0603, no measures notified, Art. 169 letter Ireland - 95/0528, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 implementing measures: 95/0017 Cosmetics Member States which have notified DK, NL, A, FIN, S Belgium - 96/0013, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 Germany - 96/0045, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent Greece - 96/0063, no measures notified, Art. 169 letter in 1996, terminated in 1997 Spain - 96/0081, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent in 1997 France - 96/0100, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent Ireland - 96/0119, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1995, reasoned opinion to be sent Italy - 96/0138, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 95/0631, no measures notified, Art. 169 letter in 1995, terminated in 1997 93/0047 Cosmetics Member States which have notified implementing measures: all - 94/0713, no measures notified, Art. 169 letter Ireland in 1994, terminated in 1997 Luxembourg - 96/0156, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent Portugal - 96/0188, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent United Kingdom - 96/0208, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0073 Cosmetics Member States which have notified implementing measures: all - 94/0944, no measures notified, Art. 169 letter Portugal in 1995, terminated in 1997 95/0032 Cosmetics Belgium - 96/0864, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent Portugal - 96/1046, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 94/0032 Cosmetics Member States which have notified implementing measures: all - 95/0405, no measures notified, Art. 169 letter Belgium in 1995, reasoned opinion in 1996, terminated in 1997 95/0034 Cosmetics Member States which have notified implementing measures: all except P Portugal - 96/1048, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 10. 8. 98 EN Official Journal of the European Communities C 250/125 Textiles United Kingdom - 97/0757, no measures notified, Art. 169 letter in 1997 No problems with directives in this field 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 opinion to be sent in 1998 93/0007 Return of cultural goods unlawfully removed from the territory of a Member State Member States which have notified B, DK, EL, E, F, IRL, NL, P, FIN, S, UK Germany - 94/0532, no measures notified, referral implementing measures: in 1997 Greece - 94/0546, no measures notified, referral in 1997 Italy - 94/0569, no measures notified, referral in 1997 Luxembourg - 94/0578, no measures notified, referral in 1997 Austria - 96/0443, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent in 1998 96/0100 Return of cultural goods unlawfully removed from the territory of a Member State (amendment of 93/0007) Member States which have notified implementing measures: NL Belgium - no measures notified, Art. 169 letter in 1997 Denmark - no measures notified, Art. 169 letter in 1997 Germany - no measures notified, Art. 169 letter in 1997 Greece Spain France Ireland Italy - no measures notified, Art. 169 letter in 1997 - no measures notified, Art. 169 letter in 1997 - no measures notified, Art. 169 letter in 1997 - no measures notified, Art. 169 letter in 1997 - no measures notified, Art. 169 letter in 1997 Luxembourg - no measures notified, Art. 169 letter in 1997 Austria - no measures notified, Art. 169 letter in 1997 Portugal - no measures notified, Art. 169 letter in 1997 Finland - 97/0725, no measures notified, Art. 169 letter in 1997 Liability for defective products 85/0374 Liability for defective products Member States which have notified implementing measures: all except F France - 89/0146, no measures notified, Art. 171 reasoned opinion in 1995 United Kingdom - 89/0153, not properly implemented, referral in 1995 (Case CÜ300/95), judgment in 1997 - Persons Right of residence 90/0364 Right of residence Member States which have notified implementing measures: all in Germany in 1997, - 92/0694, no measures notified, referral judgment 1995 (Case CÜ96/95), terminated in 1997 90/0365 Right of residence for workers who have ceased their occupaÜ tional activity Member States which have notified implementing measures: all in Germany in 1997, - 92/0695, no measures notified, referral judgment 1995 (Case CÜ96/95), terminated in 1997 93/0096 Right of residence for students Member States which have notified implementing measures: all reasoned Germany reasoned - 94/0096, no measures notified, supplementary opinion opinion in 1997, terminated in 1997 in 1995, Right to vote and stand in elections 93/0103 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 - 97/2153, not properly implemented, Art. 169 Germany letter in 1997 Sweden - 97/0743, no measures notified, Art. 169 letter Italy - 97/2259, not properly implemented, Art. 169 in 1997 letter in 1997 C 250/126 EN Official Journal of the European Communities 10. 8. 98 94/0080 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: all except B, F Belgium - 96/0012, no measures notified, referral in 1997 Germany - 97/2140, not properly implemented in Saxony (Art. 169 letter to be sent in 1998) Germany - 97/2141, not properly implemented in Bavaria (Art. 169 letter to be sent in 1998) Greece Spain - 96/0097, no measures notified, opinion in 1996, terminated in 1997 reasoned - 96/0079, no measures notified, opinion in 1996, terminated in 1997 reasoned France - 96/0097, no measures notified, reasoned opinion in 1996 94/0080 as amended by 96/0030 (Member States concerned: A, FIN, S) 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: all (to be Austria - 96/0474, no measures notified terminated in 1998) Finland Sweden - 96/0591, no measures notified, opinion in 1996, terminated in 1997 reasoned - 96/0497, no measures notified, opinion in 1996, terminated in 1997 reasoned Spain - 90/0981, not properly implemented, reasoned opinion in 1991, reasoned opinion suspended in 1992 and 1993, supplementary Art. 169 letter in 1996 77/0453 Activities of nurses Member States which have notified implementing measures: all - 91/4352, not properly applied, Art. 169 letter Spain letter in in 1993, supplementary Art. 169 1994, deadline (supplementary Art. 169 letter) in 1995 and 1996 implemented without 78/0686 Dentists Member States which have notified implementing measures: all referral Germany - 87/0434, not properly applied, decided in 1993, referral suspended in 1997 Spain - 90/0411, not properly applied, referral decided in 1997, referral suspended in 1997 Italy Italy Italy - 90/0412, not properly applied, referral 1993 (Case CÜ93/40), postponed to 1997 judgment in in 1995, - 95/2179, not properly applied, Art. 169 letter in 1997, postponed to 1997 - 96/2179, not properly implemented, Art. 169 letter in 1997, postponed to 1997 78/0687 Dentists Member States which have notified implementing measures: all referral Spain - 90/0411, not properly applied, decided in 1997, referral suspended in 1997 Recognition of qualifications 1993 (Case CÜ93/40), postponed to 1997 judgment Italy - 90/0412, not properly applied, referral in in 1995, 64/0429 Freedom of establishment - processing industries Member States which have notified implementing measures: all except A 68/0366 FoodÜmanufacturing Member States which have notified implementing measures: all - 91/2377, not properly implemented, reasoned Spain industries opinion in 1996, terminated in 1997 75/0362 (consolidated by Directive 93/0016) Mutual recognition of medical qualifications Italy - 96/2179, not properly implemented, Art. 169 letter in 1997, postponed to 1997 85/0384 Architects Member States which have notified implementing measures: all - 90/0349, not properly implemented, referral Spain implemented without deadline in (referral) in 1996, referral suspended in 1997 1992, 85/0432 Pharmacists Member States which have notified implementing measures: all in Italy 1994 (Case CÜ94/307), judgment in 1996, Art. 171 letter in 1997, postponed to 1997 - 91/0820, not properly applied, referral 10. 8. 98 EN Official Journal of the European Communities C 250/127 85/0614 Architects Member States which have notified implementing measures: all - 90/0349, not properly implemented, referral Spain implemented without suspended deadline (referral) in 1996 in 1993, 86/0017 Architects Member States which have notified implementing measures: all - 90/0349, not properly implemented, referral Spain implemented without in 1993, suspended deadline (referral) in 1996 89/0048 Mutual recognition of qualifications - higher education Member States which have notified implementing measures: all except EL Greece - 91/0668, no measures notified, referral in 1994 (Case CÜ93/365), judgment in 1995, Art. 171 letter in 1996, Art. 171 referral scheduled in 1998 France - 96/2254 (secondary teachers), not properly implemented, Art. 169 letter in 1997 89/0594 Recognition of qualifications - doctors, nurses, dentists, veterinary surgeons, midwives Member States which have notified implementing measures: all - 92/2292, not properly implemented, reasoned France opinion in 1996, referral in 1996 United Kingdom - 91/2340, no measures notified, opinion in 1995, terminated in 1997 reasoned 89/0595 Recognition of qualifications - nurses Member States which have notified implementing measures: all reasoned United opinion (suspended) implemented Kingdom without deadline (reasoned opinion) in 1995, terminated in 1997 - 92/0534, no measures notified, in 1993, United Kingdom - 92/0551, no measures notified, reasoned opinion (suspended) implemented without deadline (reasoned opinion) in 1995, postponed to 1996, terminated in 1997 in 1993, 92/0051 Mutual recognition of diplomas - second general system Member States which have notified implementing measures: all except EL Belgium - 94/0623, no measures notified, referral in 1996, terminated in 1997 Greece - 94/0702, no measures notified, reasoned opinion in 1995 (referral scheduled in 1998) 94/0038 Amendment of Annexes C and D to Directive 92/0051 Implementing measures not required in some countries which have already transposed Directive 92/0051 Member States which have notified implementing measures: all except EL Belgium - 95/0030, no measures notified, postponed to 1996, terminated in 1997 Greece - 95/0074, no measures notified, reasoned opinion in 1996 (referral scheduled in 1998) Italy - 95/0140, no measures notified, postponed to 1996, terminated in 1997 Portugal - 95/0187, no measures notified, opinion in 1996, terminated in 1997 reasoned 97/0038 Recognition of diplomas - second general system (amendment of 92/0051) Member States which have notified F, IRL, L, FIN, S, UK implementing measures: Independent commercial agents 86/0653 Independent commercial agents Member States which have notified implementing measures: all - 94/2287, not properly implemented, Art. 169 Ireland letter in 1995, terminated in 1997 Italy - 95/2178, not properly implemented, Art. 169 letter in 1996 Portugal - 95/2304, not properly implemented, Art. 169 90/0658 (consolidated by Directive 93/0016) Recognition of diplomas - German unification Member States which have notified implementing measures: all United Kingdom letter in 1996, terminated in 1997 - 91/4846, not properly applied, terminated in 1997 C 250/128 EN Official Journal of the European Communities 10. 8. 98 - Services Audiovisual media Netherlands - 93/2164, partial transposition, reasoned opinion in 1997 Austria - 97/0238, no measures notified, Art. 169 letter in 1997, terminated in 1997 89/0552 Television without frontiers Member States which have notified implementing measures: all - 92/2159, not properly implemented, referral Belgium judgment of (Case CÜ11/95), in 1995 10. 9. 1996 Denmark - 92/2198, not properly implemented, Art. 169 letter in 1993, terminated in 1997 Spain France - 92/2164, not properly implemented, supplementary reasoned opinion in 1997 Greece - 95/4452, not properly applied, reasoned opinion (suspended) in 1997 92/0044 Open network provision - leased lines Member States which have notified B, DK, D, E, F, IRL, I, NL, A, P, FIN, S, UK Greece implementing measures: - 93/0712, no measures notified, referral 1994 (Case CÜ94/259), judgment in 1995 in - 93/0725, no measures notified, referral 1994 (Case CÜ94/266), terminated in 1995 judgment in in 1995, Luxembourg - 93/0816, no measures notified, referral in 1994 (Case CÜ94/220), judgment 1995, Art. 171 letter in 1997 Greece - 93/2158, not properly implemented, reasoned opinion in 1994, terminated in 1997 Austria - 97/0239, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 94/4750, not properly implemented, referral scheduled in 1997 Netherlands - 92/2165, not properly implemented, reasoned opinion in 1995 Portugal - 92/2166, not properly implemented, reasoned opinion in 1994 United Kingdom United Kingdom United Kingdom - 92/2167, not properly implemented, referral judgment of (Case CÜ222/94), in 1994 10. 9. 1996, terminated in 1997 - 94/4089, not properly applied, referral in 1995, suspended in 1997 - 94/2055, not properly applied, reasoned opinion (suspended) in 1994, terminated in 1997 Telecommunications 91/0263 Telecommunications terminal equipment Member States which have notified implementing measures: all in Belgium in 1995, - 92/0966, no measures notified, referral judgment 1994 (Case CÜ94/218), terminated in 1997 Greece Ireland - 92/0975, no measures notified, referral 1994 (Case CÜ94/260), terminated in 1997 judgment - 92/0985, no measures notified, referral 1994 (Case CÜ94/239), terminated in 1997 judgment in in 1995, in in 1996, implementing measures: 93/0097 Satellite earth station equipment Member States which have notified DK, D, E, F, I, L, NL, P, FIN, S, UK Belgium - 95/0399, no measures notified, reasoned opinion in 1997 Greece - 95/0453, no measures notified, reasoned opinion in 1997 Spain - 95/0479, no measures notified, opinion in 1996, terminated in 1997 reasoned Ireland - 95/0524, no measures notified, reasoned opinion in 1996 Italy - 95/0544, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 95/0567, no measures notified, reasoned opinion in 1996 Netherlands - 95/0588, no measures notified, reasoned opinion in 1997 Portugal - 95/0605, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0458, no measures notified, Art. 169 letter in 1996 95/0047 Standards for the transmission of television signals Member States which have notified none Belgium - 95/0047, no measures notified, Art. 169 letter implementing measures: Luxembourg - 92/0994, no measures notified, referral 1994 (Case CÜ94/221), terminated in 1997 judgment in in 1996, in 1996 Denmark - 96/0882, no measures notified, Art. 169 letter in 1996 10. 8. 98 EN Official Journal of the European Communities C 250/129 United Kingdom - 96/1072, no measures notified, Art. 169 letter in 1996 Austria - 96/1089, no measures notified, Art. 169 letter in 1996 96/0870 Use of standards for the transmission of television signals Member States which have notified DK, E, L, FIN, UK Belgium - 96/0870, no measures notified, Art. 169 letter implementing measures: Greece - 96/0923, no measures notified, Art. 169 letter in 1997 in 1996 Ireland - 96/0985, no measures notified, Art. 169 letter in 1996 Portugal - 96/1054, no measures notified, Art. 169 letter in 1996 France - 96/0966, no measures notified, Art. 169 letter in 1996 Germany - 96/0899, no measures notified, Art. 169 letter in 1997 Greece - 96/0923, no measures notified, Art. 169 letter in 1997 Spain - 96/0946, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 96/0966, no measures notified, Art. 169 letter in 1997 Luxembourg - 96/1021, no measures notified, Art. 169 letter Ireland - 96/0985, no measures notified, Art. 169 letter in 1996 in 1997 Germany - 96/0899, no measures notified, Art. 169 letter in 1996 Italy - 96/1004, no measures notified, Art. 169 letter in 1996 Spain - 96/0946, no measures notified, Art. 169 letter in 1996 Italy - 96/1004, no measures notified, Art. 169 letter in 1997 Luxembourg - 96/1021, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/1034, no measures notified, Art. 169 letter in 1997 Austria - 96/1089, no measures notified, Art. 169 letter Finland - 96/1113, no measures notified, Art. 169 letter in 1997 in 1996 Sweden - 96/1127, no measures notified, Art. 169 letter Portugal - 96/1054, no measures notified, Art. 169 letter in 1997 in 1996 Finland - 96/1113, no measures notified, Art. 169 letter Netherlands - 96/1034, no measures notified, Art. 169 letter in 1996 implementing measures: 95/0062 Open network provision - voice telephony Member States which have notified DK, D, E, F, IRL, I, NL, A, P, FIN, S, UK Belgium - 97/2226, no measures notified, Art. 169 letter in 1997 Greece - 97/0053, no measures notified, Art. 169 letter in 1997 Spain - 97/0066, no measures notified, Art. 169 letter in 1997 France - 97/0080, no measures notified, Art. 169 letter in 1997, terminated in 1997 Ireland - 97/0090, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 97/0102, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 97/0111, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0123, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0186, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/0458, no measures notified, Art. 169 letter in 1996 in 1997 Sweden - 96/1127, no measures notified, Art. 169 letter in 1997 United Kingdom - 96/1072, no measures notified, Art. 169 letter in 1997, terminated in 1997 97/0013 Common framework for general authorisations and individual licences Member States which have notified F, I, FIN, UK implementing measures: 97/0033 Interconnection Member States which have notified F, I, A, FIN, UK implementing measures: 97/0051 Amendment of Directives 90/0387 and 92/0044 Member States which have notified FIN, UK implementing measures: Financial services 77/0092 Freedom of establishment - insurance brokers Member States which have notified implementing measures: all reasoned Greece - 91/0775, not properly applied, opinion in 1994, terminated in 1997 C 250/130 EN Official Journal of the European Communities 10. 8. 98 Spain - 95/4242, not properly applied, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 90/0232 Third Directive on insurance for motor vehicles Member States which have notified implementing measures: all in Belgium - 93/0033, no measures notified, referral 1997, withdrawn and terminated in 1997 84/0005 Second Directive on motor vehicle insurance Member States which have notified implementing measures: all reasoned Spain - 95/2048, not properly applied, opinion in 1996, referral scheduled in 1998 91/0308 Money laundering Member States which have notified implementing measures: all - 95/2121, not properly implemented, reasoned Austria opinion in 1996, referral scheduled in 1998 85/0611 Undertakings for collective investment Member States which have notified implementing measures: all implemented not United (Gibraltar), Art. 169 letter in 1997, reasoned Kingdom opinion to be sent in 1998 - 96/2193, properly 86/0635 Annual accounts of banks Member States which have notified implementing measures: all - 96/2021, not properly applied, Art. 169 letter Italy in 1996, postponed to 1997 United Kingdom - 96/2191, not implemented (Gibraltar), Art. 169 letter in 1997, reasoned opinion to be sent in 1998 properly 88/0627 Major holdings in a listed company Member States which have notified implementing measures: all implemented not United (Gibraltar), Art. 169 letter in 1997, reasoned Kingdom opinion to be sent in 1998 - 96/2193, properly 89/0298 Prospectuses for transferable securities on offer to the public Member States which have notified implementing measures: all implemented not United (Gibraltar), Art. 169 letter in 1997, reasoned Kingdom opinion to be sent in 1998 - 96/2193, properly 89/0592 Insider dealing Member States which have notified implementing measures: all implemented not United (Gibraltar), Art. 169 letter in 1997, reasoned Kingdom opinion to be sent in 1998 - 96/2193, properly 91/0371 Implementation of the agreement between the EEC and SwitÜ zerland on insurance Member States which have notified implementing measures: all except E Spain - 93/0917, no measures notified, referral in 1995 (Case CÜ360/95), judgment in 1997, to be complied with in 1997 91/0674 Annual accounts of insurance undertakings Member States which have notified implementing measures: all except E Spain - 94/0136, no measures notified, reasoned opinion in 1996, referral scheduled in 1998 Italy - 94/0234, no measures notified, referral in 1996, withdrawn in 1997 92/0049 Third Directive on insurance other than life assurance Member States which have notified implementing measures: all except E Belgium - 95/2112, not properly applied, reasoned opinion in 1997, referral scheduled in 1998 Germany - 94/4124, not properly applied, Art. 169 letter in 1994 Germany - 95/2108, not properly applied, Art. 169 letter in 1996, reasoned opinion to be sent in 1998 Spain - 94/0140, no measures notified, referral in 1995 (Case CÜ361/95), judgment in 1997, to be complied with in 1997 France - 95/2046, not properly implemented, reasoned opinion in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/131 92/0096 Third Directive on life assurance Member States which have notified implementing measures: all except E Spain - 94/0145, no measures notified, reasoned opinion in 1994 France - 95/2046, not properly implemented, reasoned opinion in 1997 France - 95/2079, not properly implemented, reasoned opinion in 1997 93/0006 Capital adequacy Member States which have notified implementing measures: Germany - 96/0034, no measures notified, reasoned opinion in 1996, referral (suspended) in 1997 United Kingdom - 96/2191, not implemented (Gibraltar), Art. 169 letter in 1997, reasoned opinion to be sent in 1998 properly 93/0022 Investment services Member States which have notified implementing measures: all except D, E, L, P Germany - 95/0431, partial failure to notify measures, reasoned opinion in 1996, referral scheduled in 1998 Greece - 95/0449, no measures notified, opinion in 1996, terminated in 1997 reasoned Spain - 95/0475, no measures notified, reasoned opinion in 1997, referral scheduled in 1998 Luxembourg - 95/0566, partial failure to notify measures, reasoned opinion in 1997, referral scheduled in 1998 Austria - 96/0444, no measures notified, Art. 169 letter in 1996, terminated in 1997 Luxembourg - 95/0572, no measures notified, opinion in 1996, terminated in 1997 reasoned United Kingdom - 96/2191, not implemented (Gibraltar), Art. 169 letter in 1997, reasoned opinion to be sent in 1998 properly 95/0026 "PostÜBCCI’ Directive Member States which have notified implementing measures: all except B, D, EL, E, F, IRL, I, L Belgium - 96/0862, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Germany - 96/0890, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Greece Spain France Ireland Italy - 96/0916, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 - 96/0941, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 - 96/0958, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 - 96/0980, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 - 96/0999, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Luxembourg - 96/1015, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 96/0010 "Netting’ Directive Member States which have notified implementing measures: all - 96/0929, no measures notified, Art. 169 letter Greece in 1996, terminated in 1997 Portugal - 95/0602, no measures notified, reasoned opinion in 1997, referral scheduled in 1998 - Company law United Kingdom - 96/2193, not implemented (Gibraltar), Art. 169 letter in 1997, reasoned opinion to be sent in 1998 properly 94/0019 Deposit guarantee schemes Member States which have notified implementing measures: all except D Germany - 94/0032, no measures notified, reasoned opinion in 1996, referral scheduled in 1998 68/0151 First Directive on company law Member States which have notified implementing measures: all except UK Germany - 90/0322, not properly applied, referral in 1995 Finland - 96/0558, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 97/2233, partial failure to notify measures, Art. 169 letter to be sent in 1998 C 250/132 EN Official Journal of the European Communities 10. 8. 98 77/0091 Second Directive on company law Member States which have notified implementing measures: all except UK Finland - 96/0560, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 97/2234, partial failure to notify measures, Art. 169 letter to be sent in 1998 84/0253 Auditing of accounting documents Member States which have notified implementing measures: all except I, UK Italy - 97/2016, partial failure to notify measures, reasoned opinion to be sent in 1998 Italy - 97/4808, not properly implemented, Art. 169 letter to be sent in 1998 United Kingdom - 97/2239, partial failure to notify measures, Art. 169 letter to be sent in 1998 78/0660 Annual accounts of companies Member States which have notified implementing measures: all except FIN, UK Germany - 90/0322, not properly applied, referral in 1995 Portugal - 96/2050, not properly applied, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0561, no measures notified, Art. 169 letter in 1996 United Kingdom - 97/2235, partial failure to notify measures, Art. 169 letter to be sent in 1998 78/0855 Company mergers Member States which have notified implementing measures: all except UK Finland - 96/0562, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 97/2236, partial failure to notify measures, Art. 169 letter to be sent in 1998 82/0891 Division of companies Member States which have notified implementing measures: all except UK United Kingdom - 97/2237, partial failure to notify measures, Art. 169 letter to be sent in 1998 83/0349 Consolidated accounts of companies Member States which have notified implementing measures: all except FIN, UK Finland - 96/0567, no measures notified, Art. 169 letter in 1996 89/0666 Disclosure requirements for company branches Member States which have notified implementing measures: all except UK Finland - 96/0575, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 97/2240, partial failure to notify measures, Art. 169 letter to be sent in 1998 89/0667 SingleÜmember private limited companies Member States which have notified implementing measures: all except UK Finland - 96/0576, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 97/2241, partial failure to notify measures, Art. 169 letter to be sent in 1998 90/0604 Annual accounts - consolidated accounts publication in ECUs Member States which have notified implementing measures: all except FIN, UK Finland - 96/0577, no measures notified, Art. 169 letter in 1996 United Kingdom - 97/2242, partial failure to notify measures, Art. 169 letter to be sent in 1998 90/0605 Annual accounts - consolidated accounts scope of application Member States which have notified implementing measures: all except D, FIN, UK Germany - 93/0108, no measures notified, referral in 1997 Finland - 96/0578, no measures notified, Art. 169 letter in 1996 United Kingdom - 97/2238, partial failure to notify measures, Art. 169 letter to be sent in 1998 United Kingdom - 97/2243, partial failure to notify measures, Art. 169 letter to be sent in 1998 10. 8. 98 EN Official Journal of the European Communities C 250/133 92/0101 Maintenance and alteration of the capital of public limitedÜ liability companies Member States which have notified implementing measures: all except EL, L, UK Greece - no measures notified, reasoned opinion in 1996, referral scheduled in 1998 Ireland - 94/0458, no measures notified, opinion in 1995, terminated in 1997 reasoned Luxembourg - 94/0473, no measures notified, reasoned opinion in 1995, referral scheduled in 1998 Finland - 96/0584, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 97/2244, partial failure to notify measures, Art. 169 letter to be sent in 1998 - Intellectual and industrial property France - 95/0102, no measures notified, opinion in 1996, terminated in 1997 reasoned Ireland - 95/0114, no measures notified, reasoned opinion in 1996, referral (suspended) in 1997 Italy - 95/0132, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 95/0147, no measures notified, opinion in 1996, terminated in 1997 reasoned Portugal - 95/0177, no measures notified, reasoned opinion in 1996, to be terminated in 1998 United Kingdom - 95/0201, no measures notified, opinion in 1996, terminated in 1997 reasoned 93/0098 Term of protection of copyright and certain related rights Member States which have notified implementing measures: all - 95/0502, no measures notified, Art. 169 letter France in 1995, terminated in 1997 Luxembourg - 95/0568, no measures notified, Art. 169 letter in 1995, terminated in 1997 Portugal - 95/0606, no measures notified, reasoned opinion in 1996, to be terminated in 1998 91/0250 Legal protection of computer programs Member States which have notified implementing measures: all - 93/4459, not properly implemented, Art. 169 United letter in 1995, reasoned opinion to be sent in Kingdom 1998 - Public procurement 92/0100 Rental and lending right Member States which have notified implementing measures: all except IRL Ireland - 94/0855, no measures notified, Art. 169 letter in 1995, reasoned opinion (suspended) in 1997 Luxembourg - 94/0894, no measures notified, opinion in 1996, terminated in 1997 reasoned Portugal - 94/0927, no measures notified, reasoned opinion in 1996, to be terminated in 1998 United Kingdom - 94/0952, no measures notified, opinion in 1996, terminated in 1997 reasoned 93/0083 Copyright relating to satellite broadcasting and cable retransÜ mission Member States which have notified implementing measures: all except D, IRL, P Germany - 95/0047, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent in 1998 Greece - 95/0065, no measures notified, reasoned 88/0295 Public supply contracts (amending Directive 77/0062) Member States which have notified implementing measures: all - 94/2104, not properly implemented, reasoned Portugal opinion in 1996, referral decided in 1997 89/0440 Public works contracts (amending Directive 71/0305) Member States which have notified implementing measures: all - 93/2156, not properly implemented, reasoned Belgium 1995, opinion 1994, supplementary Art. 169 letter in 1996 suspended in in 89/0665 Public contracts - review procedures Member States which have notified implementing measures: all - 95/2044, not properly implemented, reasoned Germany opinion in 1996, referral scheduled in 1998 opinion in 1996 C 250/134 EN Official Journal of the European Communities 10. 8. 98 Greece - 92/0271, no measures notified, referral in 1995 (Case CÜ95/236), judgment in 1996, to be terminated in 1997 Greece - 94/2153, not properly implemented, reasoned opinion in 1995, referral in 1996 Spain - 95/2054, not properly implemented, reasoned opinion in 1997 Portugal - 94/2236, not properly implemented, reasoned in 1995, supplementary Art. 169 opinion letter/reasoned opinion in 1996, referral in 1997 Sweden - 96/2057, not properly implemented, Art. 169 letter in 1997 France - 93/0744, no measures notified, referral 1995 (Case CÜ95/234), judgment in 1996 in France - 95/2073, not properly implemented, reasoned opinion in 1995, terminated in 1997 Italy - 97/4522, not properly implemented, Art. 169 letter to be sent in 1997 Austria - 97/2011, partial failure to notify measures, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Portugal - 95/2235, not properly implemented, reasoned opinion to be sent in 1998 Sweden - 96/2310, not properly implemented, Art. 169 letter in 1997 90/0531 Public contracts - excluded sectors Member States which have notified implementing measures: all (EL and P: exemption until 1998) United Kingdom - 94/2054, not properly implemented, Art. 169 letter in 1995, terminated in 1997 92/0013 Public contracts - review procedures (excluded sectors) Member States which have notified implementing measures: all except A (EL and P: exemption until 1997) Germany - 95/2061, not properly implemented, Art. 169 letter in 1996 France - 95/2082, not properly implemented, reasoned opinion in 1995, referral in 1997 Italy - 95/2071, not properly implemented, reasoned opinion in 1996 Austria - 97/2011, partial failure to notify measures, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Sweden - 96/2183, not properly implemented, Art. 169 letter in 1997 United Kingdom - 95/2084, not properly implemented, reasoned opinion in 1996 92/0050 Public service contracts Member States which have notified implementing measures: all except B, D, EL, F, A Belgium - 93/0628, no measures notified, opinion in 1995, referral in 1996 reasoned Belgium - 94/2289, not properly implemented, reasoned opinion in 1996 Germany - 93/0676, no measures notified, reasoned (Case in 1995 opinion in 1994, referral CÜ243/95), judgment in 1996 Greece - 93/0711, no measures notified, referral in 1995 (Case CÜ95/311), in 1996, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 judgment 93/0036 Public supply contracts Member States which have notified implementing measures: all except B, D, F, I Belgium - 94/0626, no measures notified, opinion in 1995, referral in 1996 reasoned Belgium - 94/2289, not properly implemented, reasoned opinion in 1996 Germany - 94/0650, no measures notified, reasoned (Case in 1996 opinion in 1995, referral CÜ341/96), judgment in 1997 Spain - 96/2104, not properly implemented, Art. 169 letter to be sent in 1998 France France - 94/0677, no measures notified, opinion in 1995, referral in 1995 reasoned - 95/2073, not properly implemented, reasoned opinion in 1995, referral in 1996, judgment in 1997, terminated in 1997 Italy - 94/0722, no measures notified, reasoned (Case in 1996 in 1994, referral opinion CÜ43/97), judgment in 1997 Portugal - 94/2236, not properly implemented, reasoned opinion in 1996, referral scheduled in 1998 Sweden - 95/2251, not properly implemented, Art. 169 letter in 1997 93/0037 Public works contracts Spain - 96/2105, not properly implemented, Art. 169 letter to be sent in 1998 Italy - 94/4576, not properly implemented, reasoned opinion in 1996 Portugal - 95/2149, not properly implemented, referral scheduled in 1998 Sweden - 95/2311, not properly implemented, Art. 169 letter in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/135 93/0038 Public contracts - excluded sectors Member States which have notified implementing measures: all except B, D, E, A (E: exemption until 1997, EL and P: exemption until 1998) - 94/0783, no measures notified, referral Belgium in 1996 Germany - 94/0811, no measures notified, opinion in 1996, referral in 1995 reasoned Spain - 97/0213, no measures notified, reasoned opinion to be sent in 1998 France Austria - 94/0838, no measures notified, reasoned opinion in 1995, referral in 1996, judgment in 1997, terminated in 1997 - 97/2011, partial failure to notify measures, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Sweden - 96/2181, not properly implemented, Art. 169 letter in 1997 United Kingdom - 94/0957, no measures notified, opinion in 1995, terminated in 1997 reasoned - Removal of tax barriers Direct taxation 69/0335 Tax system - Indirect taxes on the raising of capital Member States which have notified implementing measures: all - 91/2193, not properly implemented, reasoned Greece opinion in 1996 Italy - 94/5101, not properly implemented, Art. 169 letter in 1997, to be terminated in 1998 77/0799 Tax system - Mutual assistance - direct taxes Member States which have notified implementing measures: all - 96/2196, not properly implemented, Art. 169 United Kingdom letter in 1997, to be terminated in 1998 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 (Case in 1997 opinion CÜ8/97) in 1994, referral Indirect taxation 69/0169 TaxÜfree allowances for travellers Member States which have notified implementing measures: all reasoned Portugal - 91/2015, not properly applied, opinion in 1995, terminated in 1997 77/0388 Sixth VAT Directive Member States which have notified implementing measures: all reasoned Germany - 93/2142, not properly applied, opinion in 1996 Greece - 88/0199, not properly applied, reasoned opinion in 1989 Greece Greece - 91/0778, not properly applied, referral 1994 (Case CÜ94/331), terminated in 1997 in - 92/2233, not properly applied, opinion in 1995, terminated in 1997 reasoned Spain - 90/0033, not properly applied, referral in 1997 (Case CÜ97/414) Spain - 92/2073, not properly applied, referral in 1996 (Case CÜ96/124) Spain - 92/2232, not properly applied, opinion in 1995, terminated in 1997 reasoned Spain - 94/4684, not properly applied, reasoned opinion in 1996 France - 88/0053, not properly applied, judgment in 1993 (Case CÜ92/68), supplementary Art. 171 letter in 1996 France - 88/0213, not properly applied, referral in 1997 (Case CÜ97/276) France - 91/0706, not properly applied, referral in 1996 (Case CÜ96/043) France France - 91/0798, not properly applied, opinion in 1994, terminated in 1997 reasoned - 92/2069, not properly applied, referral 1996 (Case CÜ96/060), terminated in 1997 in France - 93/4391, not properly applied, reasoned opinion in 1996 Ireland - 88/0200, not properly applied, referral in 1997 (Case CÜ97/358) Italy Italy Italy Italy - 92/2002, not properly applied, referral 1995 (Case CÜ95/45), terminated in 1997 in - 92/2242, not properly applied, reasoned opinion in 1996 - 92/2259, not properly applied, referral in 1997 (Case CÜ97/101) - 95/2038, not properly applied, opinion in 1996, terminated in 1997 reasoned C 250/136 EN Official Journal of the European Communities 10. 8. 98 Luxembourg - 91/0738, not properly applied, referral in 1996 (Case CÜ96/152) Netherlands - 88/0201, not properly applied, referral in 1997 (Case CÜ97/408) Netherlands - 92/2241, not properly applied, referral in 1996 (Case CÜ96/310) Netherlands - 94/2100, not properly applied, opinion in 1997 reasoned Portugal Portugal - 90/0084, not properly applied, opinion in 1996, terminated in 1997 reasoned - 92/2074, not properly applied, opinion in 1994, terminated in 1997 reasoned Portugal - 93/2141, not properly applied, reasoned opinion in 1996 United Kingdom - 88/0202, not properly applied, referral in 1997 (Case CÜ97/359) 79/1072 Eighth VAT Directive Member States which have notified implementing measures: all reasoned France - 92/4607, not properly applied, opinion in 1996 89/0465 18th VAT Directive Member States which have notified implementing measures: all reasoned Italy - 92/2242, not properly applied, opinion in 1996 Netherlands - 92/2241, not properly applied, referral in 1996 (Case CÜ96/310) 92/0012 Arrangements for products subject to excise duty Member States which have notified implementing measures: all reasoned Belgium - 94/4860, not properly applied, opinion in 1997 France - 95/2151, not properly applied, reasoned opinion in 1997 92/0077 Approximation of VAT rates Member States which have notified implementing measures: all reasoned Portugal - 94/2178, not properly applied, opinion in 1997 92/0083 Excise duty on alcohol Member States which have notified implementing measures: all reasoned France - 95/2151, not properly applied, opinion in 1997 92/0084 Excise duty on alcohol Member States which have notified implementing measures: all reasoned France - 95/2019, not properly applied, opinion in 1996, terminated in 1997 France - 95/2151, not properly applied, reasoned opinion in 1997 95/0007 VAT - simplification measures - application of certain exemptions Member States which have notified implementing measures: all except D Italy - 96/0308, no measures notified, Art. 169 letter in 1996, terminated in 1997 Austria - 96/0476, no measures notified, Art. 169 letter in 1996, terminated in 1997 Germany - 97/0570, no measures notified, Art. 169 letter in 1997 95/0059 Tobacco consolidation directives Member States which have notified implementing measures: all reasoned Greece - 94/4034, not properly applied, opinion in 1997 96/0042 VAT - horticulture and floriculture Member States which have notified implementing measures: all except EL Belgium - 96/0876, no measures notified, Art. 169 letter in 1996, terminated in 1997 Denmark - 96/0886, no measures notified, Art. 169 letter in 1996, terminated in 1997 Germany - 96/0907, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 96/0933, no measures notified, reasoned opinion in 1997 Spain - 96/0951, no measures notified, Art. 169 letter in 1996, terminated in 1997 France - 96/0973, no measures notified, Art. 169 letter in 1996, terminated in 1997 Ireland - 96/0993, no measures notified, Art. 169 letter in 1996, terminated in 1997 Luxembourg - 96/1028, no measures notified, Art. 169 letter in 1996, terminated in 1997 Austria - 96/1099, no measures notified, Art. 169 letter in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/137 Portugal - 96/1063, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/1133, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 96/1075, no measures notified, Art. 169 letter in 1996, terminated in 1997 96/0095 Standard rate of VAT Member States which have notified implementing measures: all except F Denmark - 97/0202, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 97/0209, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 97/0222, no measures notified, Art. 169 letter in 1997 Ireland - 97/0228, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 97/0231, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 97/0236, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0246, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 97/0259, no measures notified, Art. 169 letter in 1997, terminated in 1997 87/0102 Consumer credit Member States which have notified implementing measures: all 88/0315 Amendment of Directive 79/0581 - Indication of the prices of foodstuffs Member States which have notified implementing measures: all Luxembourg - 93/2045, not properly implemented, Art. 169 letter in 1994 90/0088 Consumer credit Member States which have notified implementing measures: all - 93/0242, no measures notified, terminated in France 1977 United Kingdom - 94/2069, not properly applied, Art. 169 letter in 1997 90/0314 Package tours Member States which have notified implementing measures: all Netherlands - 93/2183, not properly implemented, reasoned opinion to be sent in 1997 2. CONSUMER PROTECTION AND PRODUCT SAFETY 79/0581 Indication of the prices of foodstuffs Member States which have notified implementing measures: all Luxembourg - 93/2045, not properly implemented, Art. 169 letter in 1994 92/0059 General product safety Member States which have notified B, DK, D, EL, E, F, IRL, I, NL, A, P, FIN, S, UK Germany - 94/0648, no measures notified, Art. 169 letter implementing measures: in 1994, terminated in 1997 Ireland - 94/0710, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1996, terminated in 1997 Luxembourg - 94/0733, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1996, terminated in 1997 93/0013 Unfair contract terms Member States which have notified B, DK, D, EL, F, IRL, I, L, NL, A, P, FIN, S, UK Spain implementing measures: - 95/0079, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 85/0577 Contracts negotiated away from business premises Belgium - 91/0212, properly not terminated in 1997 letter in 1997 Luxembourg - 93/2047, not properly implemented, Belgium - 97/2171, not properly implemented, Art. 169 terminated in 1997 letter in 1997, reasoned opinion in 1997 implemented, Netherlands - 97/2170, not properly implemented, Art. 169 C 250/138 EN Official Journal of the European Communities 10. 8. 98 implementing measures: 94/0047 TimeÜsharing Member States which have notified DK, D, IRL, NL, A, P, S, UK Belgium - 97/0260, no measures notified, Art. 169 letter in 1997 Greece - 97/0305, no measures notified, Art. 169 letter in 1997 Spain - 97/0323, no measures notified, Art. 169 letter in 1997 96/0019 Full opening to competition Member States which have not notified all measures: Spain - 97/2108, Art. 169 letter in 1997 Germany - 97/4646, Art. 169 letter in 1997 Portugal - 95/2219, Art. 169 letter in 1997 Greece - 97/2221, Art. 169 letter in 1997 Denmark - 97/2223, Art. 169 letter in 1997 implementing France - 97/0338, no measures notified, Art. 169 letter Italy - 97/2224, Art. 169 letter in 1997 in 1997 Italy - 97/0369, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0382, no measures notified, Art. 169 letter in 1997 Finland - 97/0439, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/2225, Art. 169 letter in 1997 Belgium - 97/2226, Art. 169 letter in 1997 3. COMPETITION 4. SOCIAL AFFAIRS AND EMPLOYMENT 64/0221 Public policy and public health Member States which have notified implementing measures: all - 91/4686, not properly applied, Art. 169 letter Germany in 1992, reasoned opinion in 1996, referral scheduled 90/0388 Competition in the markets for telecommunications services Member States which have notified implementing measures: all reasoned Greece (Case 94/281), - 91/0352, no measures notified, in 1994 opinion, referral terminated in 1997 68/0360 Abolition of restrictions on movement and residence of workers and their families Germany - 90/0275, not properly implemented, Art. 169 in 1995, in 1990, reasoned opinion letter referral in 1997, Case CÜ24/97 93/0084 Transparency of financial relations between Member States and public undertakings Member States which have notified implementing measures: all - 96/2253, not properly applied, Art. 169 letter Greece notified in November 1997 94/0046 Satellite communications Member States which have notified implementing measures: all except L Greece - 95/0463, no measures notified, terminated in 1997 Spain - 95/0489, no measures notified, terminated in 1997 Ireland - 95/0530, no measures notified, opinion in 1997, terminated in 1997 reasoned Italy - 95/0553, reasoned opinion, terminated in 1997 Luxembourg - 95/0576, no measures notified, reasoned opinion in 1997 72/0194 Right to reside in the Member States Member States which have notified implementing measures: all - 90/0275, not properly implemented, Art. 169 Germany in 1995, in 1990, reasoned opinion letter referral in 1997 (Case CÜ24/97) 75/0117 Equal pay for men and women Member States which have notified implementing measures: all reasoned Greece - 91/4668, not properly applied, opinion in 1995, referral scheduled 75/0129 Collective redundancies Member States which have notified implementing measures: all - 89/0536, not properly implemented, referral United in 1992 (Case CÜ383/92), judgment in 1994, Kingdom Art. 171 letter in 1996 10. 8. 98 EN Official Journal of the European Communities C 250/139 76/0207 Equal treatment of men and women Member States which have notified implementing measures: all - 89/0458, not properly applied, judgment in Belgium 1993 (Case CÜ173/91), Art. 171 reasoned opinion in 1995 Belgium France France - 90/2223, not properly applied, Art. 169 letter in 1994, reasoned opinion in 1994, terminated in 1997 - 90/0445, no measures notified, Art. 171 letter in 1990, Art. 171 reasoned opinion in 1995, terminated in 1997 - 90/2109, not properly applied, Art. 169 letter in 1993, reasoned opinion in 1994, referral in 1996 (Case CÜ197/96), Art. 171 letter to be sent in 1997 Italy - 90/2226, not properly applied, referral in 1996 (Case CÜ96/207) 77/0187 Safeguarding of employees’ rights in the event of the transfer of firms Member States which have notified implementing measures: all - 89/0537, not properly implemented, referral United in 1992 (Case CÜ382/92), judgment in 1994, Kingdom Art. 171 letter in 1996 79/0007 Equal treatment in social security Member States which have notified implementing measures: all reasoned Greece - 91/4668, not properly applied, opinion in 1995, referral scheduled 80/0987 Protection of workers - insolvency of employers Member States which have notified implementing measures: all - 86/0116, not properly implemented, judgment Greece in 1990 (Case CÜ53/88), Art. 171 letter in 1993, Art. 171 reasoned opinion to be sent in 1997 86/0378 Equal treatment of men and women Member States which have notified D, EL, E, F, IRL, I, A, P, FIN, S, UK implementing measures: 89/0654 Health and safety at the workplace Member States which have notified implementing measures: all in Spain in 1996, - 93/0207, no measures notified, referral judgment 1995 (Case CÜ95/079), terminated in 1997 89/0655 Health and safety - work equipment Member States which have notified implementing measures: all in Spain in 1996, - 93/0206, no measures notified, referral judgment 1995 (Case CÜ95/079), terminated in 1997 89/0656 Personal protective equipment Member States which have notified implementing measures: all in Spain in 1996, - 93/0205, no measures notified, referral judgment 1995 (Case CÜ95/079), terminated in 1997 90/0269 Health and safety of workers Member States which have notified implementing measures: all in Spain in 1996, - 93/0199, no measures notified, referral judgment 1995 (Case CÜ95/079), terminated in 1997 90/0270 Health and safety - display screen equipment Member States which have notified implementing measures: all in Spain in 1996, - 93/0198, no measures notified, referral judgment 1995 (Case CÜ95/079), terminated in 1997 90/0394 Protection of workers - carcinogens Member States which have notified implementing measures: all in Spain in 1996, - 93/0195, no measures notified, referral judgment 1995 (Case CÜ95/079), terminated in 1997 90/0679 Risks relating to exposure to biological agents at work Member States which have notified implementing measures: all - 94/0005, no measures notified, Art. 169 letter Belgium in 1994, reasoned opinion in 1997, terminated in 1997 Spain - 94/0133, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1997, terminated in 1997 91/0382 Protection of workers (asbestos) Member States which have notified implementing measures: all - 96/0262, no measures notified, Art. 169 letter Greece in 1996, reasoned opinion in 1997, terminated in 1997 C 250/140 EN Official Journal of the European Communities 10. 8. 98 91/0383 Health and safety of temporary workers Member States which have notified implementing measures: all - 93/0023, no measures notified, Art. 169 letter Belgium in 1993, terminated in 1997 Greece - 93/0147, no measures notified, opinion in 1996, terminated in 1997 reasoned 92/0058 Safety and/or health signs at work Member States which have notified implementing measures: all - 94/0624, no measures notified, Art. 169 letter Belgium in 1994, reasoned opinion in 1996, terminated in 1997 Spain - 94/0661, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1996, terminated in 1997 91/0533 Obligation to inform employees of the conditions applicable to the employment relationship Member States which have notified implementing measures: all - 93/0787, no measures notified, Art. 169 letter Italy in 1993, reasoned opinion in 1996, terminated in 1997 92/0029 Health and safety on board ships Member States which have notified implementing measures: all except B, IRL, L Belgium - 95/0012, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 (Case CÜ411/97) Ireland - 95/0109, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 (Case CÜ357/97) Luxembourg - 95/0142, no measures notified, Art. 169 letter in 1995, reasoned opinion to be sent in 1996, referral in 1997 (Case CÜ410/97) 92/0056 Collective redundancies Member States which have notified implementing measures: all - 94/0854, no measures notified, Art. 169 letter Ireland in 1995, terminated in 1997 United Kingdom - 94/0951, not properly implemented, Art. 169 letter in 1995, case dealt with under 89/0536 (see Directive 75/0129) 92/0085 Safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding Member States which have notified implementing measures: all except EL, L Greece - 95/0055, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral scheduled France - 95/0091, no measures notified, Art. 169 letter in 1995, terminated in 1997 Italy - 95/0126, no measures notified, Art. 169 letter in 1995, terminated in 1997 Luxembourg - 95/0143, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 (Case CÜ409/97) 92/0091 Protection of workers in extracting industries by drilling Member States which have notified implementing measures: all except IRL Belgium - 95/0014, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 Ireland Italy - 95/0110, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 (Case CÜ352/97), to be terminated in 1998 - 95/0127, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 92/0057 Minimum safety and health requirements at temporary or mobile construction sites Member States which have notified implementing measures: all - 94/0013, no measures notified, Art. 169 letter Belgium in 1994, reasoned opinion in 1996, terminated in 1997 92/0104 Health and safety of workers in underground and open cast mining industries Member States which have notified implementing measures: all - 95/0016, no measures notified, Art. 169 letter Belgium in 1995, reasoned opinion in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/141 - 95/0078, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 Ireland - 96/0108, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, referral in 1997 (Case CÜ364/97) Spain Ireland Italy - 95/0112, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 (Case CÜ353/97), to be terminated in 1998 - 95/0129, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 93/0104 Reorganisation of working time Member States which have notified implementing measures: all except EL, F, I, L, P, UK Greece - 97/0046, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent France - 97/0074, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Ireland - 97/0083, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 97/0095, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Luxembourg - 97/0106, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Austria - 97/0135, no measures notified, Art. 169 letter in 1997, terminated in 1997 93/0088 Risks relating to exposure to biological agents at work Member States which have notified implementing measures: all except B Belgium - 94/0521, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1996, referral scheduled Spain - 94/0554, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1997, terminated in 1997 Portugal - 96/0174, no measures notified, Art. 169 letter Portugal - 97/0145, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1997, reasoned opinion to be sent United Kingdom - 97/0180, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent 93/0103 Health and safety on board fishing vessels Member States which have notified implementing measures: all except B, IRL, I Belgium - 96/0003, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, referral scheduled Germany - 96/0036, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, terminated in 1997 Spain Italy - 96/0070, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, terminated in 1997 - 96/0127, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, referral scheduled Portugal - 96/0175, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 96/0196, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0033 Protection of young people at work Member States which have notified implementing measures: all except EL, F, I, L, A, P, UK Greece - 96/0909, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent France - 96/0952, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Italy - 96/0994, no measures notified, Art. 169 letter in 1997, reasoned opinion in 1997, referral scheduled Luxembourg - 96/1011, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Austria - 96/1076, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Portugal - 96/1038, no measures notified, Art. 169 letter in 1997, reasoned opinion in 1997, terminated in 1997 C 250/142 EN Official Journal of the European Communities 10. 8. 98 Sweden - 96/1118, no measures notified, Art. 169 letter Austria - 97/0139, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997 United Kingdom - 96/1064, no measures notified, Art. 169 letter Portugal - 97/0150, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1997, terminated in 1997 Sweden - 97/0171, no measures notified, Art. 169 letter in 1997, terminated in 1997 94/0044 Electrical equipment for use in explosive atmospheres Member States which have notified implementing measures: all except EL Greece - 95/0684, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1997 Spain - 95/0689, no measures notified, Art. 169 letter in 1995, to be terminated in 1998 Italy - 95/0704, no measures notified, Art. 169 letter in 1995, terminated in 1997 94/0045 European Works Council Member States which have notified implementing measures: all except L, P Luxembourg - 96/1012, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 96/0097 Equal treatment for men and women in occupational social security schemes Member States which have notified IRL, A, P, S, UK Belgium - 97/0273, no measures notified, Art. 169 letter implementing measures: in 1997, reasoned opinion to be sent Denmark - 97/0291, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Germany - 97/0303, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Greece - 97/0320, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Spain - 97/0336, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Portugal - 96/1038, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1997 France - 97/0354, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent 95/0030 Risks relating to exposure to biological agents at work Member States which have notified implementing measures: all except D, IRL, I, L, A Germany - 97/0036, no measures notified, Art. 169 letter in 1997 Ireland - 97/0367, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 97/0380, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Luxembourg - 97/0396, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Greece - 97/0051, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/0409, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Spain - 97/0065, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0423, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 97/0078, no measures notified, Art. 169 letter Portugal - 97/0438, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, to be terminated in 1998 Ireland - 97/0088, no measures notified, Art. 169 letter Finland in 1997, reasoned opinion to be sent - 97/0448, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Italy - 97/0100, no measures notified, Art. 169 letter Sweden - 97/0460, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1997, terminated in 1997 Luxembourg - 97/0110, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent United Kingdom - 97/0476, no measures notified, Art. 169 letter in 1997, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/143 5. AGRICULTURE Austria - 96/0363, no measures notified, opinion in 1997, terminated in 1997 reasoned 64/0433 Health problems - trade in meat Member States which have notified implementing measures: all in Germany - 93/2097, not properly applied, referral 1996 (Case CÜ96/102) Finland - 96/0856, no measures notified, Art. 169 letter in 1996, terminated in 1997 66/0400 Beet seed Member States which have notified implementing measures: all - 96/0855, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 66/0401 FodderÜplant seed Member States which have notified implementing measures: all - 96/0854, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 66/0402 Cereal seed Member States which have notified implementing measures: all - 96/0853, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 66/0403 Seed potatoes Member States which have notified implementing measures: all - 96/0852, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 69/0061 Beet seed Member States which have notified implementing measures: all - 96/0851, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 69/0062 Seed potatoes Member States which have notified implementing measures: all - 96/0362, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0850, no measures notified, Art. 169 letter in 1996, terminated in 1997 69/0063 FodderÜplant seed Member States which have notified implementing measures: all 69/0208 Seed of oil and fibre plants Member States which have notified implementing measures: all - 96/0849, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 69/0464 Control of potato wart disease Member States which have notified implementing measures: all reasoned Austria - 96/0365, no measures notified, opinion in 1997, to be terminated in 1998 Finland - 96/0848, no measures notified, Art. 169 letter in 1996, terminated in 1997 69/0465 Control of potato cyst eelworm Member States which have notified implementing measures: all except A Austria - 96/0366, no measures notified, reasoned opinion in 1997 Finland - 96/0847, no measures notified, Art. 169 letter in 1996, terminated in 1997 69/0466 Control of San Jos~ scale Member States which have notified implementing measures: all reasoned Austria - 96/0367, no measures notified, opinion in 1997, to be terminated in 1998 70/0373 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0846, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 70/0457 Common catalogue of varieties of plant species Member States which have notified implementing measures: all - 96/0368, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0845, no measures notified, Art. 169 letter in 1996, terminated in 1997 C 250/144 EN Official Journal of the European Communities 10. 8. 98 70/0458 Vegetable seed Member States which have notified implementing measures: all - 96/0844, no measures notified, Art. 169 letter Finland 72/0168 Vegetable varieties Member States which have notified implementing measures: all - 96/0371, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 in 1996, terminated in 1997 70/0524 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0843, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 71/0118 Health problems - trade in poultry meat Member States which have notified implementing measures: all - 96/0842, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 71/0161 Forest reproductive material Member States which have notified implementing measures: all reasoned Sweden - 96/0546, no measures notified, opinion in 1997, to be terminated in 1998 71/0162 Seed Member States which have notified implementing measures: all - 96/0841, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 71/0250 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0840, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 71/0285 Health problems - trade in animals Member States which have notified implementing measures: all - 96/0547, no measures notified, Art. 169 letter Sweden in 1996, terminated in 1997 71/0393 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0839, no measures notified, Art. 169 letter Finland Finland - 96/0838, no measures notified, Art. 169 letter in 1996, terminated in 1997 72/0180 Agricultural varieties Member States which have notified implementing measures: all - 96/0373, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0837, no measures notified, Art. 169 letter in 1996, terminated in 1997 72/0199 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0836, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 72/0274 Seed Member States which have notified implementing measures: all - 96/0835, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 72/0418 Seed Member States which have notified implementing measures: all - 96/0833, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 73/0046 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0831, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 73/0047 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0545, no measures notified, Art. 169 letter Sweden in 1996, terminated in 1997 Finland - 96/0830, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/145 73/0438 Seed Member States which have notified implementing measures: all - 96/0829, no measures notified, Art. 169 letter Finland 75/0502 Meadowgrass seed Member States which have notified implementing measures: all - 96/0823, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 74/0013 Forest reproductive material Member States which have notified implementing measures: all reasoned Sweden - 96/0544, no measures notified, opinion in 1997, to be terminated in 1998 76/0331 Beet seed Member States which have notified implementing measures: all - 96/0822, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 74/0063 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all - 96/0828, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 76/0371 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0821, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 74/0203 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0827, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 76/0372 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0820, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 74/0268 FodderÜplant and cereal seed Member States which have notified implementing measures: all - 96/0826, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 76/0895 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all - 96/0819, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 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 76/0934 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all - 96/0818, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 75/0084 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0825, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 77/0096 Health problems - import of meat Member States which have notified implementing measures: all - 96/0543, no measures notified, Art. 169 letter Sweden in 1996, terminated in 1997 75/0444 Seed Member States which have notified implementing measures: all - 96/0824, no measures notified, Art. 169 letter Finland 77/0099 Health problems - meat products Member States which have notified implementing measures: all - 96/0815, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 C 250/146 EN Official Journal of the European Communities 10. 8. 98 77/0101 Straight feedingstuffs Member States which have notified implementing measures: all - 96/0814, no measures notified, Art. 169 letter Finland 78/0692 Seed Member States which have notified implementing measures: all - 96/0807, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 77/0504 PureÜbred cattle for breeding Member States which have notified implementing measures: all except A Austria - 96/0380, no measures notified, reasoned opinion in 1997 78/0816 Seed potatoes Member States which have notified implementing measures: all - 96/0383, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 78/0055 Seed Member States which have notified implementing measures: all - 96/0813, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 78/1020 Seed Member States which have notified implementing measures: all - 96/0806, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 78/0386 FodderÜplant seed Member States which have notified implementing measures: all - 96/0812, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 79/0117 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0805, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 78/0387 Cereal seed Member States which have notified implementing measures: all - 96/0811, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 79/0372 Straight feedingstuffs Member States which have notified implementing measures: all - 96/0804, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 78/0388 Seed of oil and fibre plants Member States which have notified implementing measures: all - 96/0810, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 79/0373 Compound feedingstuffs Member States which have notified implementing measures: all - 96/0803, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 78/0511 FodderÜplant and cereal seed Member States which have notified implementing measures: all - 96/0809, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 79/0641 Seed Member States which have notified implementing measures: all - 96/0802, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 78/0633 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0808, no measures notified, Art. 169 letter Finland 79/0692 Seed Member States which have notified implementing measures: all - 96/0801, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/147 79/0700 Pesticides in fruit and vegetables - official control Member States which have notified implementing measures: all - 96/0800, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 79/0797 Feedingstuffs Member States which have notified implementing measures: all - 96/0799, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 79/0967 Seed Member States which have notified implementing measures: all reasoned Austria - 96/0385, no measures notified, opinion in 1997, terminated in 1997 Finland - 96/0798, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0791, no measures notified, Art. 169 letter in 1996, terminated in 1997 80/0695 Compound feedingstuffs Member States which have notified implementing measures: all - 96/0790, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 80/0754 FodderÜplant seed Member States which have notified implementing measures: all - 96/0789, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 81/0036 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all - 96/0786, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 80/0304 Seed of oil and fibre plants Member States which have notified implementing measures: all - 96/0795, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 81/0126 Seed Member States which have notified implementing measures: all - 96/0785, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 80/0428 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all - 96/0794, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 81/0680 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0784, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 80/0502 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all - 96/0793, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 81/0715 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0783, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 80/0510 Straight feedingstuffs Member States which have notified implementing measures: all - 96/0792, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 82/0287 Seed Member States which have notified implementing measures: all - 96/0782, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 80/0511 Compound feedingstuffs in packages Member States which have notified implementing measures: all 82/0471 Feedingstuffs Member States which have notified implementing measures: all - 96/0781, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 C 250/148 EN Official Journal of the European Communities 10. 8. 98 82/0475 Labelling of compound feedingstuffs for pet animals Member States which have notified implementing measures: all - 96/0870, no measures notified, Art. 169 letter Finland 83/0228 Feedingstuffs Member States which have notified implementing measures: all - 96/0772, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 82/0528 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all - 96/0779, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 83/0381 Feedingstuffs Member States which have notified implementing measures: all - 96/0771, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 82/0859 Seed of oil and fibre plants Member States which have notified implementing measures: all - 96/0778, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 84/0004 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0540, no measures notified, Art. 169 letter Sweden in 1996, terminated in 1997 82/0937 Straight feedingstuffs Member States which have notified implementing measures: all - 96/0777, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 83/0091 Health problems - trade in animals and meat Member States which have notified implementing measures: all - 96/0541, no measures notified, Art. 169 letter Sweden in 1996, terminated in 1997 83/0116 FodderÜplant seed and seed of oil and fibre plants Member States which have notified implementing measures: all - 96/0390, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0775, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0770, no measures notified, Art. 169 letter in 1996, terminated in 1997 84/0319 Health problems - import of meat - trichinae Member States which have notified implementing measures: all - 96/0539, no measures notified, Art. 169 letter Sweden in 1996, terminated in 1997 84/0425 Feedingstuffs - official control Member States which have notified implementing measures: all - 96/0769, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 84/0443 Products used in feedingstuffs Member States which have notified implementing measures: all - 96/0768, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 83/0131 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0774, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 85/0038 FodderÜplant seed Member States which have notified implementing measures: all - 96/0766, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 83/0201 Health problems - products containing a small percentage of meat Member States which have notified implementing measures: all - 96/0773, no measures notified, Art. 169 letter Finland 85/0073 Financing of health inspections of fresh meat Member States which have notified implementing measures: all reasoned Austria - 96/0393, no measures notified, in 1996, terminated in 1997 opinion in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/149 Greece - 94/2181, not properly applied, reasoned opinion in 1997 86/0299 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all - 96/0754, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 85/0298 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0764, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 85/0509 Feedingstuffs Member States which have notified implementing measures: all - 96/0761, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 85/0586 Health problems - trade in animals and meats Member States which have notified implementing measures: all - 96/0759, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 86/0109 Certified seed Member States which have notified implementing measures: all - 96/0758, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 86/0155 Seed Member States which have notified implementing measures: all - 96/0395, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0757, no measures notified, Art. 169 letter in 1996, terminated in 1997 86/0320 Cereal seed Member States which have notified implementing measures: all - 96/0753, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 86/0354 Compound feedingstuffs Member States which have notified implementing measures: all - 96/0752, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 86/0355 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0751, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 86/0362 Pesticide residues in cereals Member States which have notified implementing measures: all - 96/0750, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 86/0363 Pesticide residues in foodstuffs of animal origin Member States which have notified implementing measures: all - 96/0749, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 86/0174 Compound feedingstuffs for poultry Member States which have notified implementing measures: all - 96/0756, no measures notified, Art. 169 letter Finland 86/0469 Examination of meat for the presence of residues Member States which have notified implementing measures: all - 96/0748, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 86/0214 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0755, no measures notified, Art. 169 letter Finland 86/0530 Products used in feedingstuffs Member States which have notified implementing measures: all - 96/0747, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 C 250/150 EN Official Journal of the European Communities 10. 8. 98 87/0120 Seeds and propagating materials Member States which have notified implementing measures: all - 96/0745, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 87/0481 Vegetable seed Member States which have notified implementing measures: all reasoned Austria - 96/0399, no measures notified, opinion in 1997, terminated in 1997 87/0153 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0744, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 87/0181 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0743, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 Finland - 96/0737, no measures notified, Art. 169 letter in 1996, terminated in 1997 88/0095 Beet seed Member States which have notified implementing measures: all - 96/0734, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 88/0166 Protection of laying hens kept in battery cages Member States which have notified implementing measures: all except A, FIN Austria - 96/0400, no measures notified, reasoned 87/0234 Straight feedingstuffs Member States which have notified implementing measures: all - 96/0742, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 opinion in 1997 Finland - 97/0160, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 87/0238 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all - 96/0741, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 87/0328 Cattle for breeding Member States which have notified implementing measures: all except A Austria - 96/0398, no measures notified, reasoned 88/0182 Technical standards (amending Directive 83/0189) Member States which have notified implementing measures: all in Italy in 1996, - 91/0565, not properly applied, referral judgment 1994 (Case CÜ94/289), terminated in 1997 Italy - 92/0646, not properly applied, opinion in 1993, terminated in 1997 reasoned Netherlands - 91/2328, not properly applied, referral 1994 (Case CÜ94/273), terminated in 1997 judgment in in 1996, opinion in 1997 87/0477 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0739, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 Italy - 92/0647, not properly applied, referral 1997 (Case CÜ97/160), struck out in 1997 in Netherlands - 93/2267, not properly applied, referral in 1997 (Case CÜ97/341) Portugal - 95/0667, not properly applied, reasoned opinion in 1997 87/0480 Seed Member States which have notified implementing measures: all - 96/0738, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 88/0289 Health problems - animals and meat from non member countries Member States which have notified implementing measures: all - 96/0535, no measures notified, Art. 169 letter Sweden in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/151 88/0298 Pesticides in fruit and vegetables and cereals Member States which have notified implementing measures: all - 96/0731, no measures notified, Art. 169 letter Finland 89/0100 FodderÜplant seed Member States which have notified implementing measures: all - 96/0723, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 88/0380 Seed Member States which have notified implementing measures: all - 96/0730, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 89/0186 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all - 96/0722, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 88/0409 Fees for the inspection of meat Member States which have notified implementing measures: all except A Austria - 96/0401, no measures notified, reasoned opinion in 1997 Sweden - 96/0534, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0729, no measures notified, Art. 169 letter in 1996, terminated in 1997 88/0485 Products used in feedingstuffs Member States which have notified implementing measures: all - 96/0728, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 88/0661 Pigs for breeding Member States which have notified implementing measures: all except A Austria - 96/0402, no measures notified, reasoned opinion in 1997 89/0002 Cereal seed Member States which have notified implementing measures: all - 96/0725, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 89/0014 Vegetable seed Member States which have notified implementing measures: all reasoned Austria - 96/0403, no measures notified, opinion in 1997, terminated in 1997 Finland - 96/0724, no measures notified, Art. 169 letter in 1996, terminated in 1997 89/0227 Health problems - meat products - non member countries Member States which have notified implementing measures: all - 96/0721, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 89/0321 Health problems - import of meat Sweden - 96/0533, no measures notified, Art. 169 letter in 1996, terminated in 1997 89/0361 Sheep and goats for breeding Member States which have notified implementing measures: all except A Austria - 96/0406, no measures notified, reasoned opinion in 1997 89/0362 Hygiene in milk production holdings Member States which have notified implementing measures: all - 96/0720, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 89/0365 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0719, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 89/0384 Health problems - trade in milk Member States which have notified implementing measures: all - 96/0718, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 C 250/152 EN Official Journal of the European Communities 10. 8. 98 89/0424 Seed Member States which have notified implementing measures: all - 96/0717, no measures notified, Art. 169 letter Finland 90/0167 Medicated feedingstuffs Member States which have notified implementing measures: all - 96/0710, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 89/0437 Health problems - eggs Member States which have notified implementing measures: all - 96/0408, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0716, no measures notified, Art. 169 letter in 1996, terminated in 1997 89/0520 Products used in feedingstuffs Member States which have notified implementing measures: all - 96/0714, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 89/0662 Veterinary checks in intraÜCommunity trade Member States which have notified implementing measures: all in Ireland in 1995, - 92/0794, no measures notified, referral 1994 (Case CÜ94/162), Art. 171 letter in 1996, terminated in 1997 judgment Finland - 96/0713, no measures notified, Art. 169 letter in 1996, terminated in 1997 90/0044 Compound feedingstuffs Member States which have notified implementing measures: all - 96/0712, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 90/0118 PureÜbred breeding pigs Member States which have notified implementing measures: all except A Austria - 96/0411, no measures notified, reasoned opinion in 1997 90/0119 Hybrid breeding pigs Member States which have notified implementing measures: all except A Austria - 96/0412, no measures notified, reasoned opinion in 1997 90/0335 Plant protection products Member States which have notified implementing measures: all - 96/0708, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 90/0425 Veterinary checks in intraÜCommunity trade Member States which have notified implementing measures: all in Ireland in 1995, - 92/0799, no measures notified, referral 1994 (Case CÜ94/161), Art. 171 letter in 1996, terminated in 1997 judgment 90/0427 Zootechnical conditions governing trade in equidae Member States which have notified implementing measures: all except A Austria - 96/0414, no measures notified, reasoned opinion in 1997 90/0428 Trade in equidae for competitions Member States which have notified implementing measures: all except A Austria - 96/0415, no measures notified, reasoned opinion in 1997 Sweden - 96/0532, no measures notified, Art. 169 letter in 1996, terminated in 1997 90/0439 Products used in feedingstuffs Member States which have notified implementing measures: all - 96/0706, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 90/0533 Plant protection products Member States which have notified implementing measures: all - 96/0705, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 90/0642 Pesticide residues - products of plant origin Member States which have notified implementing measures: all 10. 8. 98 EN Official Journal of the European Communities C 250/153 Finland - 96/0704, no measures notified, Art. 169 letter in 1996, terminated in 1997 91/0249 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0698, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 90/0667 Processing of animal waste Member States which have notified implementing measures: all except A Austria - 96/0418, no measures notified, reasoned opinion in 1997 91/0334 Compound feedingstuffs for pet animals Member States which have notified implementing measures: all - 96/0696, no measures notified, Art. 169 letter Finland Finland - 96/0703, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1996, terminated in 1997 90/0675 Veterinary checks on products from non member countries Member States which have notified implementing measures: all in Ireland 1994 (Case CÜ94/132), judgment in 1995, Art. 171 letter in 1996, terminated in 1997 - 92/0801, no measures notified, referral 91/0336 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0695, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 91/0069 Health problems - trade in sheep Member States which have notified implementing measures: all reasoned Sweden - 96/0531, no measures notified, opinion in 1997, to be terminated in 1998 91/0126 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all - 96/0701, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 91/0357 Compound feedingstuffs Member States which have notified implementing measures: all - 96/0694, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 91/0414 Placing of plant protection products on the market Member States which have notified implementing measures: all except D Germany - 93/0906, no measures notified, referral 1996 (Case CÜ96/137), judgment in 1997 in Greece - 93/0914, no measures notified, referral 1995 (Case CÜ95/380), terminated in 1997 judgment in in 1996, 91/0132 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all - 96/0700, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 Austria - 96/0421, no measures notified, Art. 169 letter in 1996, terminated in 1997 91/0174 Marketing of pure bred animals Member States which have notified implementing measures: all except A Austria - 96/0419, no measures notified, reasoned opinion in 1997 91/0492 Live bivalve molluscs Member States which have notified implementing measures: all - 96/0423, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0693, no measures notified, Art. 169 letter in 1996, terminated in 1997 91/0188 Plant protection products containing certain active substances Member States which have notified implementing measures: all - 96/0699, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 91/0493 Fishery products Member States which have notified implementing measures: all reasoned Austria - 96/0424, no measures notified, opinion in 1997, to be terminated in 1998 C 250/154 EN Official Journal of the European Communities 10. 8. 98 Finland - 96/0692, no measures notified, Art. 169 letter in 1996, terminated in 1997 91/0630 Protection of pigs Member States which have notified implementing measures: all except FIN Austria - 96/0428, no measures notified, reasoned 91/0495 Rabbit meat and farmed game meat Member States which have notified implementing measures: all - 96/0690, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 opinion in 1997, to be terminated in 1998 Finland - 96/0686, no measures notified, reasoned opinion in 1997 91/0496 Veterinary checks for animals from non member countries Member States which have notified implementing measures: all in Ireland in 1995, - 92/0808, no measures notified, referral 1994 (Case CÜ94/138), Art. 171 letter in 1996, terminated in 1997 judgment 91/0497 Fresh meat Member States which have notified implementing measures: all - 96/0689, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 91/0508 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0688, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 91/0628 Protection of animals during transport Member States which have notified implementing measures: all except A France - 93/0229, no measures notified, referral 1995 (Case CÜ95/017), Art. 171 letter in 1996, terminated in 1997 judgment in in 1995, Austria - 96/0426, no measures notified, Art. 169 letter in 1996 91/0629 Protection of calves Member States which have notified implementing measures: all except FIN Austria - 96/0427, no measures notified, reasoned opinion in 1997, to be terminated in 1998 Finland - 96/0687, no measures notified, reasoned opinion in 1997 91/0682 Material for the propagation of ornamental plants Member States which have notified implementing measures: all - 96/0431, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Sweden - 96/0530, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0685, no measures notified, Art. 169 letter in 1996, terminated in 1997 91/0684 Health problems - egg products Member States which have notified implementing measures: all - 96/0432, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0683, no measures notified, Art. 169 letter in 1996, terminated in 1997 92/0005 Health problems - meat products Member States which have notified implementing measures: all - 96/0680, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 92/0009 Seed of oil and fibre plants Member States which have notified implementing measures: all - 96/0434, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0679, no measures notified, Art. 169 letter in 1996, terminated in 1997 92/0019 FodderÜplant seed Member States which have notified implementing measures: all - 96/0678, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/155 92/0033 Vegetable propagating material Member States which have notified implementing measures: all in Italy in 1995, - 93/0297, no measures notified, referral 1995 (Case CÜ95/118), Art. 171 letter in 1996, terminated in 1997 judgment Finland - 96/0671, no measures notified, Art. 169 letter in 1996, terminated in 1997 Austria - 96/0437, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0677, no measures notified, Art. 169 letter 92/0064 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0670, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 92/0034 FruitÜplant propagating material Member States which have notified implementing measures: all in Italy in 1995, - 93/0296, no measures notified, referral 1995 (Case CÜ95/118), Art. 171 letter in 1996, terminated in 1997 judgment 92/0065 Semen, ova and embryos not subject to Directive 90/425/EEC Member States which have notified implementing measures: all in Italy in 1997, - 94/0240, no measures notified, referral judgment 1995 (Case CÜ95/314), terminated in 1997 Austria - 96/0438, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0676, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0669, no measures notified, Art. 169 letter in 1996, terminated in 1997 92/0040 Avian influenza Member States which have notified implementing measures: all in Italy in 1996, - 93/0292, no measures notified, referral judgment 1995 (Case CÜ95/117), terminated in 1997 92/0045 WildÜgame meat Member States which have notified implementing measures: all in Italy - 94/0236, no measures notified, referral 1995 (Case CÜ95/314), terminated in 1997 Finland - 96/0674, no measures notified, Art. 169 letter in 1996, terminated in 1997 92/0046 Milk products Member States which have notified implementing measures: all in Italy in 1997, - 94/0237, no measures notified, referral judgment 1995 (Case CÜ95/314), terminated in 1997 92/0070 Recognition of protected zones Member States which have notified implementing measures: all - 96/0667, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 92/0076 Protected zones exposed to particular plant health risks Member States which have notified implementing measures: all - 96/0666, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 92/0088 Undesirable substances and products in animal nutrition Member States which have notified implementing measures: all except I Italy - 94/0243, no measures notified, referral in in 1997, 1995 (Case CÜ95/314), Art. 171 letter to be sent in 1998 judgment Finland - 96/0665, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0673, no measures notified, Art. 169 letter in 1996, terminated in 1997 92/0063 Undesirable substances and products in animal nutrition Member States which have notified implementing measures: all 92/0089 Community methods of analysis for the official control of feedÜ ingstuffs Member States which have notified implementing measures: all - 96/0664, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 C 250/156 EN Official Journal of the European Communities 10. 8. 98 92/0090 Producers and importers of plants Member States which have notified implementing measures: all - 96/0663, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 92/0102 Identification and registration of animals Member States which have notified implementing measures: all except FIN United Kingdom - 95/0191, no measures notified, opinion in 1996Ø(*), terminated in 1997 reasoned Finland - 96/0661, no measures notified, reasoned opinion in 1997Ø(**) (*) Sheep and goats (**) All aspects 92/0107 Oil and fibre plants Member States which have notified implementing measures: all - 96/0440, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0658, no measures notified, Art. 169 letter in 1996, terminated in 1997 92/0116 Health problems affecting trade in fresh poultry meat Member States which have notified implementing measures: all except I Germany - 94/0081, no measures notified, referral in 1996 (Case CÜ96/138), judgment in 1997, to be terminated in 1998 Italy - 94/0247, no measures notified, referral in 1995 (Case CÜ95/314), judgment in 1997, Art. 171 letter to be sent in 1998 92/0117 Zoonoses and zoonotic agents Member States which have notified implementing measures: all except B, I Belgium - 94/0019, no measures notified, reasoned opinion in 1994 Italy - 94/0248, no measures notified, referral in 1995, Case CÜ95/314 Finland - 96/0656, no measures notified, Art. 169 letter in 1996, terminated in 1997 92/0118 Products not subject to specific health requirements Member States which have notified implementing measures: all except FIN Greece - 94/0111, no measures notified, referral in in 1996, 1996 (Case CÜ96/091), terminated in 1997 judgment Italy - 94/0249, no measures notified, referral 1995 (Case CÜ95/314), terminated in 1997 judgment in in 1997, Finland - 96/0655, no measures notified, reasoned opinion in 1997 92/0119 Specific measures relating to swine vesicular disease Member States which have notified implementing measures: all in Belgium 1996 (Case CÜ96/208), judgment in 1997, to be terminated in 1998 - 93/0974, no measures notified, referral 93/0017 Community grades of seed potatoes Member States which have notified implementing measures: all - 96/0654, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 93/0026 Feedingstuffs Member States which have notified implementing measures: all - 96/0653, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 93/0027 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0652, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 93/0028 Official control of feedingstuffs Member States which have notified implementing measures: all except P Portugal - 94/0934, no measures notified, reasoned opinion in 1996, referral scheduled in 1998 Finland - 96/0651, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0048 FruitÜplant propagating material Member States which have notified implementing measures: all except D Germany - 94/0086, no measures notified, referral 1996 (Case CÜ96/139), judgment in 1997 in Italy - 94/0253, no measures notified, referral 1995 (Case CÜ95/315), terminated in 1997 judgment in in 1996, Austria - 96/0447, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0650, no measures notified, Art. 169 letter in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/157 93/0049 Material for the propagation of ornamental plants Member States which have notified implementing measures: all except D Germany - 94/0087, no measures notified, referral 1996 (Case CÜ96/139), judgment in 1997 in Italy - 94/0254, no measures notified, referral 1995 (Case CÜ95/315), terminated in 1997 judgment in in 1996, Austria - 96/0448, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/0529, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0649, no measures notified, Art. 169 letter in 1996, terminated in 1997 Italy - 94/0881, no measures notified, referral 1996 (Case CÜ96/316), withdrawn in 1997 in 93/0055 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0645, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 93/0056 Feedingstuffs Member States which have notified implementing measures: all - 96/0644, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 93/0050 Organisms harmful to plants Member States which have notified implementing measures: all - 96/0648, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 93/0057 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified implementing measures: all - 96/0643, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 93/0051 Movement of plants in protected zones Member States which have notified implementing measures: all - 96/0647, no measures notified, Art. 169 letter Finland 93/0058 Pesticide residues - products of plant origin Member States which have notified implementing measures: all - 96/0642, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 in 1996, terminated in 1997 93/0052 Embryos of domestic bovine animals Member States which have notified implementing measures: all in Greece in 1996, - 94/0108, no measures notified, referral judgment 1996 (Case CÜ96/091), terminated in 1997 Italy - 94/0255, no measures notified, referral 1995 (Case CÜ95/315), terminated in 1997 judgment in in 1996, 93/0060 Fresh semen Member States which have notified implementing measures: all reasoned Greece - 94/0983, no measures notified, opinion in 1996, terminated in 1997 Portugal - 94/0939, no measures notified, opinion in 1996, terminated in 1997 reasoned 93/0053 Control of certain fish diseases Member States which have notified implementing measures: all in France - 94/0840, no measures notified, referral 1997 (Case CÜ97/57), withdrawn in 1997 93/0061 Vegetable propagating and planting material Member States which have notified implementing measures: all except D Germany - 94/0091, no measures notified, referral 1996 (Case CÜ96/139), judgment in 1997 in Portugal - 94/0937, no measures notified, opinion in 1996, terminated in 1997 reasoned 1995 (Case CÜ95/315), terminated in 1997 judgment Italy - 94/0258, no measures notified, referral in in 1996, 93/0054 Animals and products of fish farming Member States which have notified implementing measures: all Finland - 96/0641, no measures notified, Art. 169 letter in 1996, terminated in 1997 Austria - 96/0449, no measures notified, Art. 169 letter in 1996, terminated in 1997 C 250/158 EN Official Journal of the European Communities 10. 8. 98 93/0062 Vegetable propagating material Member States which have notified implementing measures: all except D Germany - 94/0652, no measures notified, referral in 93/0071 Plant protection products Member States which have notified implementing measures: all except D Germany - 94/0816, no measures notified, referral in 1996 (Case CÜ96/344) 1997 (Case CÜ97/186) Italy - 94/0724, no measures notified, opinion in 1996, terminated in 1997 reasoned Greece - 94/0980, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0450, no measures notified, Art. 169 letter Austria - 96/0454, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1996, terminated in 1997 Finland - 96/0640, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0063 Ornamental plants Member States which have notified implementing measures: all except D Germany - 94/0653, no measures notified, referral in 1996 (Case CÜ96/344) Italy - 94/0725, no measures notified, opinion in 1996, terminated in 1997 reasoned 93/0074 Feedingstuffs intended for particular nutritional purposes Member States which have notified implementing measures: all except F France - 95/0501, no measures notified, referral in 1997 (Case CÜ97/354) Greece Italy - 95/0451, no measures notified, opinion in 1996, terminated in 1997 reasoned - 95/0543, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0451, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0635, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/0528, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0639, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0064 Fruit plant propagating material Member States which have notified implementing measures: all except D Germany - 94/0654, no measures notified, referral in 1996 (Case CÜ96/344) Italy - 94/0726, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0452, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0638, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0078 Ornamental plants Member States which have notified implementing measures: all except D Germany - 94/0655, no measures notified, referral in 1996 (Case CÜ96/344) Italy - 94/0728, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0455, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0634, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0079 Fruit plant propagating material Member States which have notified implementing measures: all except D Germany - 94/0656, no measures notified, referral in 1996 (Case CÜ96/344) 93/0070 Official control of feedingstuffs Member States which have notified implementing measures: all in Greece - 94/0694, no measures notified, referral 1997 (Case CÜ97/146), withdrawn in 1997 Italy - 94/0729, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0456, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0637, no measures notified, Art. 169 letter Finland - 96/0633, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/159 93/0085 Potato ring rot Member States which have notified implementing measures: all except A Germany - 94/0093, no measures notified, referral 1996 (Case CÜ96/146), withdrawn in 1997 in Italy - 94/0890, no measures notified, referral 1996 (Case CÜ96/316), judgment in 1997 in Portugal - 94/0947, no measures notified, opinion in 1996, terminated in 1997 reasoned Sweden - 96/0525, no measures notified, Art. 169 letter Austria - 96/0457, no measures notified, reasoned in 1996, terminated in 1997 opinion in 1997 Finland - 96/0632, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1996, terminated in 1997 Finland - 96/0628, no measures notified, Art. 169 letter 93/0106 Particular plant health risks - protected zones Member States which have notified implementing measures: all in Greece - 94/0423, no measures notified, referral 1997 (Case CÜ97/154), withdrawn in 1997 Luxembourg - 94/0477, no measures notified, referral 1996 (Case CÜ96/362), withdrawn in 1997 in 93/0107 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0459, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 Finland - 96/0631, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0117 Official control of feedingstuffs Member States which have notified implementing measures: all reasoned Greece - 95/0068, no measures notified, opinion in 1996, terminated in 1997 Sweden - 96/0524, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0627, no measures notified, Art. 169 letter in 1996, terminated in 1997 93/0118 Financing of veterinary health inspections Member States which have notified implementing measures: all except EL, E, I, A, P Belgium - 95/0025, no measures notified, opinion in 1996, terminated in 1997 reasoned 93/0113 Enzymes and micro organisms in animal nutrition Member States which have notified implementing measures: all except I France - 94/0849, no measures notified, referral 1997 (Case CÜ97/57), withdrawn in 1997 in Spain - 95/0085, no measures notified, reasoned opinion in 1996, referral scheduled in 1998 Greece - 95/0069, no measures notified, referral in 1997 (Case CÜ97/385) Italy - 95/0135, no measures notified, referral in 1997 (Case CÜ97/416) Italy - 94/0889, no measures notified, referral 1996 (Case CÜ96/316), judgment in 1997 in Austria - 96/0462, no measures notified, reasoned opinion in 1997 Austria - 96/0461, no measures notified, Art. 169 letter Sweden - 96/0523, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1996, terminated in 1997 Finland - 96/0629, no measures notified, Art. 169 letter Finland - 96/0626, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1996, terminated in 1997 Portugal - 94/0946, no measures notified, opinion in 1996, terminated in 1997 reasoned Portugal - 95/0180, no measures notified, reasoned opinion in 1996, referral scheduled in 1998 United Kingdom - 92/0025, not properly applied, reasoned opinion in 1997 93/0114 Feedingstuffs - additives Member States which have notified implementing measures: all except I Greece - 94/0976, no measures notified, opinion in 1996, terminated in 1997 reasoned France - 94/0850, no measures notified, referral 1997 (Case CÜ97/57), withdrawn in 1997 in 93/0119 Protection of animals at the time of slaughter or killing Member States which have notified implementing measures: all except B, F, I, A Germany - 95/0257, no measures notified, opinion in 1996, terminated in 1997 reasoned C 250/160 EN Official Journal of the European Communities 10. 8. 98 Belgium - 95/0233, no measures notified, referral in Germany 1997 (Case CÜ97/332) - 95/0258, no measures notified, referral 1997 (Case CÜ97/203), withdrawn in 1997 in France - 95/0295, no measures notified, referral in 1997 (Case CÜ97/56) Italy - 95/0322, no measures notified, referral in 1997 (Case CÜ97/416) Netherlands - 95/0352, no measures notified, Art. 169 letter in 1995, terminated in 1997 Austria - 96/0463, no measures notified, reasoned opinion in 1997 Sweden - 96/0522, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0625, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0014 Feedingstuffs - official control Member States which have notified implementing measures: all reasoned Portugal - 95/0608, no measures notified, opinion in 1997, terminated in 1997 94/0016 Undesirable substances and products in animal nutrition Member States which have notified implementing measures: all except I Italy - 95/0326, no measures notified, referral in 1997 (Case CÜ97/416) United Kingdom - 95/0379, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 95/0341, no measures notified, referral 1997 (Case CÜ97/100), withdrawn in 1997 in 93/0120 Health problems - poultry and hatching eggs Member States which have notified implementing measures: all except EL, I, P Belgium - 95/0234, no measures notified, reasoned opinion in 1996, to be terminated in 1998 Greece - 95/0272, no measures notified, referral in 1997 (Case CÜ97/377) Italy - 95/0323, no measures notified, referral in 1997 (Case CÜ97/397) Portugal - 95/0365, no measures notified, reasoned opinion in 1996, referral scheduled in 1998 Finland - 95/0620, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0017 Feedingstuffs - additives Member States which have notified implementing measures: all - no measures notified, Art. 169 letter in 1996, Finland terminated in 1997 94/0028 Imports from third countries - zootechnical and genealogical conditions Member States which have notified implementing measures: all except F, IRL, L, A, P Belgium - 95/0402, no measures notified, opinion in 1996, terminated in 1997 reasoned 93/0121 Health problems - trade in poultry meat Member States which have notified implementing measures: all except I Greece - 95/0273, no measures notified, opinion in 1996, terminated in 1997 reasoned France - 95/0505, no measures notified, referral in 1997 (Case CÜ97/354) Ireland - 95/0527, no measures notified, reasoned opinion in 1996, referral scheduled in 1998 Italy - 95/0324, no measures notified, referral in 1997 (Case CÜ97/397) Luxembourg - 95/0573, no measures notified, referral in 1997 (Case CÜ97/351) 94/0003 Interception of harmful organisms Member States which have notified implementing measures: all in Germany - 94/0657, no measures notified, referral 1996 (Case CÜ96/344), withdrawn in 1997 Luxembourg - 94/0741, no measures notified, referral 1996 (Case CÜ96/362), withdrawn in 1997 in Austria - 96/0467, no measures notified, reasoned opinion in 1997 Portugal - 95/0610, no measures notified, reasoned opinion in 1997, referral scheduled in 1998 United Kingdom - 95/0635, no measures notified, opinion in 1996, terminated in 1997 reasoned 94/0013 Organisms harmful to plants Member States which have notified implementing measures: all 94/0029 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified implementing measures: all reasoned Belgium - 95/0403, no measures notified, opinion in 1996, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/161 Portugal - 95/0611, no measures notified, Art. 169 letter Finland - 96/0615, no measures notified, Art. 169 letter in 1995, terminated in 1997 in 1996, terminated in 1997 Finland - 96/0618, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0030 Pesticide residues in products of plant origin Member States which have notified implementing measures: all - 95/0404, no measures notified, Art. 169 letter Belgium in 1996, terminated in 1997 France - 95/0507, no measures notified, opinion in 1996, terminated in 1997 reasoned 94/0040 Additives - guidelines for evaluation Member States which have notified implementing measures: all reasoned Greece - 94/0973, no measures notified, opinion in 1996, terminated in 1997 Portugal - 94/0950, no measures notified, opinion in 1996, terminated in 1997 reasoned Sweden - 96/0519, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0614, no measures notified, Art. 169 letter Portugal - 95/0612, no measures notified, Art. 169 letter in 1996, terminated in 1997 in 1995, terminated in 1997 Finland - 96/0617, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0037 Plant protection products Member States which have notified implementing measures: all except D, P Germany - 95/0437, no measures notified, referral in 1997 (Case CÜ97/320) France Greece - 95/0509, no measures notified, opinion in 1996, terminated in 1997 reasoned - 95/0459, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0468, no measures notified, Art. 169 letter in 1996, terminated in 1997 Portugal - 95/0614, no measures notified, reasoned 94/0041 Feedingstuffs - additives Member States which have notified implementing measures: all - 95/0439, no measures notified, Art. 169 letter Germany in 1995, reasoned opinion in 1997, terminated in 1997 Finland - 96/0613, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0042 Health problems - live animals Member States which have notified implementing measures: all except I Greece - 95/0276, no measures notified, opinion in 1996, terminated in 1997 reasoned Ireland - 95/0311, no measures notified, opinion in 1996, terminated in 1997 reasoned opinion in 1997, referral scheduled in 1998 Italy - 95/0327, no measures notified, referral in 1997 (Case CÜ97/416) 94/0039 Intended uses of feedingstuffs for particular nutritional purposes Member States which have notified implementing measures: all except F Germany - 95/0438, no measures notified, referral 1997 (Case CÜ97/325), withdrawn in 1997 in France - 95/0510, no measures notified, referral in 1997 (Case CÜ97/354) - 95/0460, no measures notified, opinion in 1996, terminated in 1997 reasoned Greece Italy Luxembourg - 95/0343, no measures notified, referral 1997 (Case CÜ97/100), withdrawn in 1997 in Portugal - 95/0370, no measures notified, opinion in 1996, terminated in 1997 reasoned 94/0059 Imports from third countries - examination for trichinae Member States which have notified implementing measures: all except I Germany - 95/0052, no measures notified, opinion in 1996, terminated in 1997 reasoned - 95/0552, no measures notified, opinion in 1996, terminated in 1997 reasoned Greece - 95/0075, no measures notified, referral 1998 (Case CÜ97/385), withdrawn in 1997 in Sweden - 96/0520, no measures notified, Art. 169 letter Italy - 95/0141, no measures notified, referral in in 1996, terminated in 1997 1997 (Case CÜ97/398) C 250/162 EN Official Journal of the European Communities 10. 8. 98 United Kingdom - 95/0210, no measures notified, opinion in 1996, terminated in 1997 reasoned France - 96/0283, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/0518, no measures notified, Art. 169 letter in 1996, terminated in 1997 Luxembourg - 96/0319, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0065 Minced meat and meat preparations Member States which have notified implementing measures: all except E, I Germany - 96/0247, no measures notified, Art. 169 letter in 1996, terminated in 1997 Spain - 96/0277, no measures notified, reasoned opinion in 1997 Greece - 96/0263, no measures notified, opinion in 1997, terminated in 1997 reasoned Italy - 96/0306, no measures notified, reasoned opinion in 1997 Austria - 96/0471, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0611, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/0517, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 96/0351, no measures notified, reasoned opinion in 1997, to be terminated in 1998 94/0071 Raw milk, heat treated milk and milk based products Member States which have notified implementing measures: all except A France - 95/0514, no measures notified, opinion in 1996, terminated in 1997 reasoned Austria - 96/0473, no measures notified, Art. 169 letter in 1996, terminated in 1997 Portugal - 96/0340, no measures notified, reasoned opinion in 1997 95/0006 Cereal seed Member States which have notified implementing measures: all reasoned Greece - 95/0469, no measures notified, opinion in 1996, terminated in 1997 Italy - 95/0560, no measures notified, opinion in 1996, terminated in 1997 reasoned Finland - 96/0608, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0009 Feedingstuffs intended for particular nutritional purposes Member States which have notified implementing measures: all except F Germany - 95/0444, no measures notified, opinion in 1997, terminated in 1997 reasoned France - 95/0517, no measures notified, referral in 1997 (Case CÜ97/354) Greece Italy - 95/0470, no measures notified, opinion in 1996, terminated in 1997 reasoned - 95/0561, no measures notified, opinion in 1996, terminated in 1997 reasoned Greece Italy - 95/0467, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 95/0582, no measures notified, opinion in 1996, terminated in 1997 reasoned - 95/0557, no measures notified, opinion in 1996, terminated in 1997 reasoned Sweden - 96/0515, no measures notified, Art. 169 letter in 1996, terminated in 1997 Austria - 96/0472, no measures notified, reasoned opinion in 1997 Finland - 96/0607, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0079 Plant protection products Member States which have notified implementing measures: all except A, P Germany - 96/0248, no measures notified, Art. 196 letter in 1996, reasoned opinion in 1997 95/0010 Calculating the energy value of certain dog and cat food Member States which have notified implementing measures: all except F Germany - 95/0445, no measures notified, opinion in 1997, terminated in 1997 reasoned Denmark - 96/0243, no measures notified, Art. 169 letter France - 95/0518, no measures notified, referral in in 1996, terminated in 1997 1997 (Case CÜ97/354) Greece - 96/0264, no measures notified, Art. 169 letter Greece in 1996, terminated in 1997 - 95/0471, no measures notified, opinion in 1996, terminated in 1997 reasoned 10. 8. 98 EN Official Journal of the European Communities C 250/163 Italy - 95/0562, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 95/0583, no measures notified, opinion in 1996, terminated in 1997 reasoned Sweden - 96/0514, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0606, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0011 Feedingstuffs - assessment of additives Member States which have notified implementing measures: all reasoned France - 96/0099, no measures notified, opinion in 1996, terminated in 1997 Greece - 96/0062, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 96/0155, no measures notified, opinion in 1996, terminated in 1997 reasoned Portugal - 96/0181, no measures notified, opinion in 1997, terminated in 1997 reasoned Sweden - 96/0513, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0605, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0022 Aquaculture products Member States which have notified implementing measures: all except L Greece - 96/0915, no measures notified, opinion in 1997, terminated in 1997 reasoned 95/0023 Fresh meat - production conditions Member States which have notified implementing measures: all except EL Germany - 96/0046, no measures notified, opinion in 1997, terminated in 1997 reasoned France - 96/0101, no measures notified, opinion in 1996, terminated in 1997 reasoned Greece - 96/0064, no measures notified, referral in 1997 (Case CÜ97/386) Ireland - 96/0120, no measures notified, opinion in 1996, terminated in 1997 reasoned Netherlands - 96/0168, no measures notified, opinion in 1997, terminated in 1997 reasoned Sweden - 96/0510, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0604, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0025 Health problems - live animals Member States which have notified implementing measures: all except I Belgium - 96/0015, no measures notified, opinion in 1996, terminated in 1997 reasoned Greece Ireland - 96/0065, no measures notified, opinion in 1996, terminated in 1997 reasoned - 96/0121, no measures notified, opinion in 1996, terminated in 1997 reasoned Italy - 96/0140, no measures notified, referral in 1997 (Case CÜ97/396) Luxembourg - 96/0158, no measures notified, opinion in 1996, terminated in 1997 reasoned Spain - 96/0940, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 96/0210, no measures notified, opinion in 1996, terminated in 1997 reasoned France - 96/0957, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/0509, no measures notified, reasoned opinion in 1997, to be terminated in 1998 Ireland - 96/0979, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 96/0998, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 96/1014, no measures notified, reasoned opinion in 1997 95/0029 Protection of animals during transport Member States which have notified implementing measures: all except D, F, I, L, A, P Denmark - 97/0028, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Austria - 96/1081, no measures notified, Art. 169 letter Germany in 1997, terminated in 1997 - 97/0035, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Finland - 96/1103, no measures notified, Art. 169 letter Greece - 97/0050, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, to be terminated in 1998 C 250/164 EN Official Journal of the European Communities 10. 8. 98 Spain - 97/0064, no measures notified, Art. 169 letter France - 96/0962, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 France - 97/0077, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Luxembourg - 96/1018, no measures notified, Art. 169 letter in 1997, terminated in 1997 Ireland - 97/0087, no measures notified, Art. 169 letter Austria - 96/1085, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 Italy - 97/0099, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Portugal - 96/1049, no measures notified, reasoned opinion in 1997 Luxembourg - 97/0109, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Finland - 96/1108, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/0122, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 96/1069, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0138, no measures notified, Art. 169 letter in 1997 Portugal - 97/0149, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 United Kingdom - 97/0184, no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0033 Feedingstuffs - products used Member States which have notified implementing measures: all except L Belgium - 96/0865, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 96/0893, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 96/0961, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 96/1001, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 96/1017, no measures notified, reasoned opinion in 1997 Portugal - 96/1047, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/1122, no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0035 Placing of plant protection products on the market Member States which have notified implementing measures: all except D, P Germany - 96/0894, no measures notified, reasoned opinion in 1997 95/0036 Plant protection products Member States which have notified implementing measures: all except D, P Germany - 96/0252, no measures notified, reasoned opinion in 1997 Denmark - 96/0244, no measures notified, Art. 169 letter in 1996, terminated in 1997 France - 96/0287, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 96/0268, no measures notified, Art. 169 letter in 1996, terminated in 1997 Luxembourg - 96/0323, no measures notified, Art. 169 letter in 1996, terminated in 1997 Portugal - 96/0343, no measures notified, reasoned opinion in 1997 Austria - 96/0480, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0603, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 96/0352, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0037 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0895, no measures notified, Art. 169 letter Germany in 1997, terminated in 1997 Greece - 96/0919, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 96/0918, no measures notified, Art. 169 letter France - 96/0963, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/165 Luxembourg - 96/1019, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 95/0446, no measures notified, referral 1997 (Case CÜ97/331), withdrawn in 1997 in Portugal - 96/1050, no measures notified, Art. 169 letter in 1997, terminated in 1997 Finland - 96/1109, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 95/0472, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 95/0584, no measures notified, opinion in 1996, terminated in 1997 reasoned Finland - 96/0602, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0038 Pesticide residues in and on fruit and vegetables Member States which have notified implementing measures: all - 96/0867, no measures notified, Art. 169 letter Belgium in 1997, terminated in 1997 Germany - 96/0896, no measures notified, reasoned opinion in 1997, to be terminated in 1998 Greece - 96/0921, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 96/0964, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/1086, no measures notified, opinion in 1997, terminated in 1997 reasoned Finland - 96/1110, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/1124, no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0039 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified implementing measures: all - 96/0868, no measures notified, Art. 169 letter Belgium in 1997, terminated in 1997 Germany - 96/0897, no measures notified, reasoned opinion in 1997, to be terminated in 1998 Greece - 96/0944, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/1087, no measures notified, opinion in 1997, terminated in 1997 reasoned Finland - 96/1111, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/1125, no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0040 Organisms harmful to plants - protected zones Member States which have notified implementing measures: all 95/0041 Organisms harmful to plants Member States which have notified implementing measures: all in Germany - 95/0447, no measures notified, referral 1997 (Case CÜ97/331), withdrawn in 1997 Greece - 95/0473, no measures notified, opinion in 1996, terminated in 1997 reasoned Luxembourg - 95/0585, no measures notified, opinion in 1996, terminated in 1997 reasoned 95/0044 Organisms harmful to plants - work for trial or scientific purposes Member States which have notified implementing measures: all except EL, L Germany - 96/0253, no measures notified, reasoned opinion in 1997, to be terminated in 1998 France - 96/0288, no measures notified, opinion in 1997, terminated in 1997 reasoned Greece - 96/0269, no measures notified, reasoned opinion in 1997 Luxembourg - 96/0324, no measures notified, reasoned opinion in 1997 95/0061 Pesticide residues in and on fruit and vegetables Member States which have notified implementing measures: all - 97/0038, no measures notified, Art. 169 letter Germany in 1997, terminated in 1997 Greece - 97/0052, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0140, no measures notified, Art. 169 letter in 1997, terminated in 1997 C 250/166 EN Official Journal of the European Communities 10. 8. 98 Sweden - 97/0172, no measures notified, Art. 169 letter Italy - 97/0103, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 in 1997, terminated in 1997 95/0065 Organisms harmful to plants - protected zones Member States which have notified implementing measures: all reasoned Germany - 96/0256, no measures notified, opinion in 1997, to be terminated in 1998 France - 96/0290, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 96/0271, no measures notified, Art. 169 letter in 1996, terminated in 1997 Luxembourg - 96/0326, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0599, no measures notified, Art. 169 letter in 1996, terminated in 1997 95/0066 Organisms harmful to plants and plant products Member States which have notified implementing measures: all - 96/0257, no measures notified, Art. 169 letter Germany in 1997, to be in 1996, reasoned opinion terminated in 1998 Luxembourg - 97/0112, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Netherlands - 97/0124, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 97/0152, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Sweden - 97/0173, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 97/0187, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 95/0070 Diseases affecting bivalve molluscs Member States which have notified implementing measures: all except B, D, F, IRL, I, NL, S Belgium - 97/0263, no measures notified, Art. 169 letter in 1997 Denmark - 97/0279, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 97/0293, no measures notified, Art. 169 letter in 1997 France - 96/0291, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 97/0309, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 96/0272, no measures notified, Art. 169 letter in 1996, terminated in1997 Spain - 97/0326, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 96/0327, no measures notified, Art. 169 letter in 1996, terminated in 1997 France - 97/0341, no measures notified, Art. 169 letter in 1997 Finland - 96/0598, no measures notified, Art. 169 letter in 1996, terminated in 1997 Ireland - 97/0359, no measures notified, Art. 169 letter in 1997 95/0068 Marketing of meat products Member States which have notified implementing measures: all except B, D, E, P, UK Belgium - 97/0023, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Italy - 97/0372, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0386, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/0402, no measures notified, Art. 169 letter in 1997 Germany - 97/0039, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Austria - 97/0411, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 97/0054, no measures notified, Art. 169 letter Portugal - 97/0429, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 Spain - 97/0067, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1998 Finland - 97/0440, no measures notified, Art. 169 letter in 1997, terminated in 1997 Ireland - 97/0091, no measures notified, Art. 169 letter Sweden - 97/0452, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/167 United Kingdom - 97/0464, no measures notified, Art. 169 letter Greece - 96/0927, no measures notified, reasoned in 1997, terminated in 1997 opinion in 1997 95/0071 Fishery products Member States which have notified implementing measures: all except B, D, EL, F, IRL, I, P, UK Belgium - 97/0479, no measures notified, Art. 169 letter in 1997 France - 96/0968, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 96/1006, no measures notified, reasoned opinion in 1997 Luxembourg - 96/1024, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/1092, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 96/1058, no measures notified, Art. 169 letter in 1997, terminated in 1997 Denmark - 97/0484, no measures notified, Art. 169 letter Sweden - 96/1129, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 in 1997, terminated in 1997 Germany - 97/0488, no measures notified, Art. 169 letter in 1997 Greece - 97/0493, no measures notified, Art. 169 letter in 1997 Spain - 97/0497, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 96/0007 Feedingstuffs - additives Member States which have notified implementing measures: all - 96/0902, no measures notified, Art. 169 letter Germany in 1997, terminated in 1997 France - 97/0501, no measures notified, Art. 169 letter in 1997 Greece - 96/0928, no measures notified, Art. 169 letter in 1997, terminated in 1997 Ireland - 97/0507, no measures notified, Art. 169 letter in 1997 France - 96/0969, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 97/0511, no measures notified, Art. 169 letter in 1997 Luxembourg - 96/1025, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/1093, no measures notified, Art. 169 letter Luxembourg - 97/0514, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, to be terminated in 1998 Austria - 97/0520, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Portugal - 97/0524, no measures notified, Art. 169 letter in 1997 Finland - 97/0529, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Sweden - 97/0533, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 United Kingdom - 97/0536, no measures notified, Art. 169 letter in 1997 96/0006 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except EL, I Germany - 96/0901, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 96/1059, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/1130, no measures notified, Art. 169 letter in 1997, terminated in 1997 96/0012 Plant protection products Member States which have notified implementing measures: all except D, P Belgium - 97/0197, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 97/0204, no measures notified, Art. 169 letter in 1997 Austria - 97/0244, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 97/0250, no measures notified, Art. 169 letter in 1997 Finland - 97/0254, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 97/0257, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 C 250/168 EN Official Journal of the European Communities 10. 8. 98 96/0014 Organisms harmful to plants or plant products Member States which have notified implementing measures: all - 96/0240, no measures notified, Art. 169 letter Belgium in 1996, terminated in 1997 Germany - 96/0904, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 96/0930, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 96/0260, no measures notified, reasoned opinion in 1997, to be terminated in 1998 France - 96/0970, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 96/0294, no measures notified, Art. 169 letter in 1996, terminated in 1997 Ireland - 96/0990, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 96/0275, no measures notified, Art. 169 letter in 1996, terminated in 1997 Italy - 96/0315, no measures notified, reasoned opinion in 1997, to be terminated in 1998 Luxembourg - 96/0329, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0597, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/0508, no measures notified, Art. 169 letter in 1996, terminated in 1997 96/0015 Organisms harmful to plants - protected zones Member States which have notified implementing measures: all - 96/0241, no measures notified, Art. 169 letter Belgium in 1996, terminated in 1997 Germany - 96/0261, no measures notified, Art. 169 letter in 1996, to be terminated in 1998 France - 96/0295, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 96/0276, no measures notified, Art. 169 letter in 1996, terminated in 1997 Italy - 96/0316, no measures notified, Art. 169 letter in 1996, to be terminated in 1998 Luxembourg - 96/0330, no measures notified, Art. 169 letter in 1996, terminated in 1997 Finland - 96/0596, no measures notified, Art. 169 letter in 1996, terminated in 1997 Sweden - 96/0507, no measures notified, Art. 169 letter in 1996, terminated in 1997 96/0018 Seeds and propagating materials, marketing Member States which have notified implementing measures: all except B Belgium - 96/0873, no measures notified, reasoned Netherlands - 96/1035, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/1095, no measures notified, Art. 169 letter in 1997, terminated in 1997 Finland - 96/1116, no measures notified, Art. 169 letter in 1997, terminated in 1997 96/0022 Substances having hormonal or thyrostatic action and ¤ agonists Member States which have notified implementing measures: B, D, E, NL, A Belgium - 97/0264, no measures notified, Art. 169 letter in 1997, terminated in 1997 Denmark - 97/0280, no measures notified, Art. 169 letter in 1997 Germany - 97/0294, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 97/0310, no measures notified, Art. 169 letter in 1997 Spain - 97/0327, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 97/0342, no measures notified, Art. 169 letter in 1997 Ireland - 97/0360, no measures notified, Art. 169 letter in 1997 Italy - 97/0373, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0387, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0403, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0412, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 97/0430, no measures notified, Art. 169 letter in 1997 Finland - 97/0441, no measures notified, Art. 169 letter in 1997 Sweden - 97/0453, no measures notified, Art. 169 letter opinion in 1997 in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/169 United Kingdom - 97/0465, no measures notified, Art. 169 letter Luxembourg - 97/0390, no measures notified, Art. 169 letter in 1997 in 1997 96/0023 Substances and residues in live animals and animal products Member States which have notified B, D, L, NL Belgium - 97/0265, no measures notified, Art. 169 letter implementing measures: Austria - 97/0415, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0468, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997, terminated in 1997 Denmark - 97/0281, no measures notified, Art. 169 letter in 1997 Greece - 97/0311, no measures notified, Art. 169 letter in 1997 Spain - 97/0328, no measures notified, Art. 169 letter in 1997 France - 97/0343, no measures notified, Art. 169 letter in 1997 96/0033 Pesticide residues - foodstuffs of animal origin Member States which have notified implementing measures: all except DK, F, L, A Denmark - 97/0285, no measures notified, Art. 169 letter in 1997 Germany - 97/0297, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Greece - 97/0315, no measures notified, Art. 169 letter in 1997, terminated in 1997 Spain - 97/0331, no measures notified, Art. 169 letter Ireland - 97/0361, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1997 France - 97/0347, no measures notified, Art. 169 letter Italy - 97/0374, no measures notified, Art. 169 letter in 1997 in 1997 Luxembourg - 97/0388, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/0404, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0413, no measures notified, Art. 169 letter in 1997 Portugal - 97/0431, no measures notified, Art. 169 letter in 1997 Finland - 97/0442, no measures notified, Art. 169 letter in 1997 Sweden - 97/0454, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0466, no measures notified, Art. 169 letter in 1997 96/0032 Pesticide residues - fruit and vegetables Member States which have notified implementing measures: all except DK, F, L, A Denmark - 97/0284, no measures notified, Art. 169 letter in 1997 Germany - 97/0296, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Luxembourg - 97/0391, no measures notified, Art. 169 letter in 1997 Austria - 97/0416, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0469, no measures notified, Art. 169 letter in 1997, terminated in 1997 implementing measures: 96/0043 Financing of veterinary inspections and controls Member States which have notified L, UK Belgium - 97/0481, no measures notified, Art. 169 letter in 1997 Denmark - 97/0486, no measures notified, Art. 169 letter in 1997 Germany - 97/0491, no measures notified, Art. 169 letter in 1997 Greece - 97/0495, no measures notified, Art. 169 letter in 1997 Spain - 97/0498, no measures notified, Art. 169 letter in 1997 France - 97/0503, no measures notified, Art. 169 letter in 1997 Ireland - 97/0509, no measures notified, Art. 169 letter in 1997 Greece - 97/0314, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 97/0512, no measures notified, Art. 169 letter in 1997 Spain - 97/0330, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 97/0515, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 France - 97/0346, no measures notified, Art. 169 letter Netherlands - 97/0518, no measures notified, Art. 169 letter in 1997 in 1997 C 250/170 EN Official Journal of the European Communities 10. 8. 98 Austria - 97/0521, no measures notified, Art. 169 letter Sweden - . Ø. Ø. , no measures notified, Art. 169 letter to be in 1997 sent in 1998 Portugal - 97/0526, no measures notified, Art. 169 letter in 1997 Finland - 97/0530, no measures notified, Art. 169 letter in 1997 Sweden - 97/0534, no measures notified, Art. 169 letter in 1997 96/0046 Plant protection products Member States which have notified implementing measures: all except D, F, P Belgium - 97/0268, no measures notified, Art. 169 letter in 1997, terminated in 1997 Denmark - 97/0286, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 97/0299, no measures notified, Art. 169 letter 96/0072 Marketing of seeds and plants Member States which have notified implementing measures: all except B, P Belgium - 97/0482, no measures notified, Art. 169 letter in 1997 Spain - 97/0499, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 France - 97/0504, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Luxembourg - 97/0516, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Austria - 97/0522, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 in 1997 Portugal - 97/0527, no measures notified, Art. 169 letter in 1997 France - 97/0349, no measures notified, Art. 169 letter in 1997 Ireland - 97/0363, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0418, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 97/0434, no measures notified, Art. 169 letter in 1997 Finland - 97/0445, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 97/0471, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 96/0068 Plant protection products Member States which have notified implementing measures: all except D, EL, F, IRL, I, L, P, S Germany - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Greece - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 France - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Finland - 97/0531, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 96/0078 Organisms harmful to plants Member States which have notified implementing measures: all except L Germany - 97/0205, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Luxembourg - 97/0235, no measures notified, Art. 169 letter in 1997 Austria - 97/0245, no measures notified, Art. 169 letter in 1997, terminated in 1997 Finland - 97/0256, no measures notified, Art. 169 letter in 1997, terminated in 1997 96/0090 Products not subject to specific health requirements Member States which have notified DK, EL, NL, A, FIN, S Belgium - 97/0272, no measures notified, Art. 169 letter implementing measures: in 1997 Ireland - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Denmark - 97/0290, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Germany - 97/0302, no measures notified, Art. 169 letter in 1997 Luxembourg - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Greece - 97/0319, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - . Ø. Ø. , no measures notified, Art. 169 letter to be Spain - 97/0335, no measures notified, Art. 169 letter sent in 1998 in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/171 France - 97/0353, no measures notified, Art. 169 letter Denmark - . Ø. Ø. , no measures notified, Art. 169 letter to be in 1997 sent in 1998 Ireland - 97/0366, no measures notified, Art. 169 letter in 1997 Greece - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Italy - 97/0379, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0395, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0408, no measures notified, Art. 169 letter Spain - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Ireland - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 in 1997, to be terminated in 1998 Italy - . Ø. Ø. , no measures notified, Art. 169 letter to be Austria - 97/0422, no measures notified, Art. 169 letter in 1997, terminated in 1997 Portugal - 97/0437, no measures notified, Art. 169 letter in 1997 Finland - 97/0447, no measures notified, Art. 169 letter in 1997, terminated in 1997 sent in 1998 Luxembourg - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Austria - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Finland - . Ø. Ø. , no measures notified, Art. 169 letter to be United Kingdom - 97/0475, no measures notified, Art. 169 letter sent in 1998 in 1997 implementing measures: 96/0093 Certification of animals and animal products Member States which have notified DK, P, UK Belgium - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Germany - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Greece - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Spain - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 France - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Ireland - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Italy - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Luxembourg - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Netherlands - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Austria - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Finland - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Sweden - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Sweden - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 United Kingdom - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 97/0006 Feedingstuffs - additives Member States which have notified implementing measures: all except EL Belgium - 97/0274, no measures notified, Art. 169 letter in 1997, terminated in 1997 Greece - 97/0321, no measures notified, Art. 169 letter in 1997 France - 97/0355, no measures notified, Art. 169 letter in 1997, terminated in 1997 Finland - 97/0449, no measures notified, Art. 169 letter in 1997, terminated in 1997 Sweden - 97/0461, no measures notified, Art. 169 letter in 1997, terminated in 1997 97/0014 Organisms harmful to plants Member States which have notified implementing measures: all except L Belgium - 97/0275, no measures notified, Art. 169 letter in 1997, terminated in 1997 Germany - 97/0304, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Greece - 97/0322, no measures notified, Art. 169 letter in 1997, terminated in 1997 97/0002 Protection of calves Member States which have notified D, F, NL, P Belgium sent in 1998 implementing measures: Spain - 97/0337, no measures notified, Art. 169 letter in 1997, terminated in 1997 - . Ø. Ø. , no measures notified, Art. 169 letter to be France - 97/0356, no measures notified, Art. 169 letter in 1997, terminated in 1997 C 250/172 EN Official Journal of the European Communities 10. 8. 98 Ireland - 97/0368, no measures notified, Art. 169 letter Luxembourg - . Ø. Ø. , no measures notified, Art. 169 letter to be in 1997, terminated in 1997 sent in 1998 Italy - 97/0381, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Portugal - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Luxembourg - 97/0397, no measures notified, Art. 169 letter in 1997 Austria - 97/0424, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Finland - 97/0450, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 97/0477, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 97/0022 Protection against zoonoses and zoonotic agents Member States which have notified D, A, P, S, UK Belgium - 97/0550, no measures notified, Art. 169 letter in 1997 Denmark - 97/0566, no measures notified, Art. 169 letter in 1997 implementing measures: Finland - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Sweden - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 United Kingdom - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 97/0057 Plant protection products Member States which have notified implementing measures: all except B, D, EL, E, I, P, FIN, S Belgium - 97/0554, no measures notified, Art. 169 letter in 1997 Denmark - 97/0569, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Germany - 97/0583, no measures notified, Art. 169 letter in 1997 Greece - 97/0598, no measures notified, Art. 169 letter Greece - 97/0602, no measures notified, Art. 169 letter in 1997 in 1997 Spain - 97/0613, no measures notified, Art. 169 letter in 1997 France - 97/0626, no measures notified, Art. 169 letter in 1997 Ireland - 97/0643, no measures notified, Art. 169 letter in 1997 Italy - 97/0660, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0681, no measures notified, Art. 169 letter in 1997 Spain - 97/0616, no measures notified, Art. 169 letter in 1997 Italy - 97/0664, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0672, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 Portugal - 97/0716, no measures notified, Art. 169 letter in 1997 Finland - 97/0733, no measures notified, Art. 169 letter in 1997 Sweden - 97/0747, no measures notified, Art. 169 letter Portugal - 97/0712, no measures notified, Art. 169 letter in 1997 in 1997 Finland - 97/0729, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0764, no measures notified, Art. 169 letter in 1997, to be terminated in 1998 97/0047 Labelling of feedingstuffs Member States which have notified DK, D, NL, A Belgium - . Ø. Ø. , no measures notified, Art. 169 letter to be implementing measures: 6. ENVIRONMENT sent in 1998 Greece - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Spain - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 France - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Ireland - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 Italy - . Ø. Ø. , no measures notified, Art. 169 letter to be sent in 1998 75/0439 Disposal of waste oils Member States which have notified implementing measures: all Germany - 90/5097, not properly applied, referral in 1997 (Case CÜ97/102) Portugal - 93/2115, not properly implemented, reasoned opinion in 1997 75/0440 Surface water Member States which have notified implementing measures: all 10. 8. 98 EN Official Journal of the European Communities C 250/173 Germany - 87/0372, not properly implemented, 2nd Germany - 89/2343, not properly applied, referral in referral (Art. 171) in 1997 (Case CÜ97/122) 1997 (Case CÜ97/184) France - 92/4200, not properly applied, reasoned Greece - 91/0620, not properly applied, referral in opinion in 1997 1995 (Case CÜ95/233) Italy - 89/0206, not implemented, supplementary reasoned opinion to be sent in 1998 properly Portugal - 92/2300, not properly applied, referral in 1997 (Case CÜ97/214) United Kingdom - 89/4571, not properly implemented, reasoned opinion in 1996 75/0442 Waste Member States which have notified implementing measures: all - 89/0138, not properly applied, 2nd referral Greece (Art. 171) in 1997 (Case CÜ97/387) Greece - 90/0979, not properly applied, referral in 1997 (Case CÜ97/384) Greece - 89/0303, not properly applied, referral in 1995 (Case CÜ95/232) Spain - 90/0960, not properly applied, referral in 1996 (Case CÜ96/214) Spain - 90/2190, not properly applied, opinion in 1995, referral suspended reasoned Spain - 94/4865, not properly applied, reasoned opinion in 1997 Spain - 94/4548, not properly applied, supplementary reasoned opinion in 1997 France - 91/0206, not properly applied, supplementary Ireland - 91/0704, not properly implemented, reasoned opinion to be sent in 1998 terminated in 1997 Ireland - 90/5220, not properly implemented, reasoned - 88/0239, not properly applied, terminated in opinion in 1997 Italy Italy 1997 - 90/0262, not properly applied, referral in 1997 (Case CÜ97/365) Portugal - 93/4085, not properly applied, reasoned opinion to be sent in 1998 76/0160 Bathing water Member States which have notified implementing measures: all except D, FIN Belgium - 89/0416, not properly applied, reasoned opinion in 1997, referral scheduled in 1998 Germany - 89/0317, not properly applied, referral in 1997 (Case CÜ97/198) Germany - 97/2039, no measures notified, Art. 169 letter in 1997 Spain - 89/0418, not properly applied, referral in 1996 (Case CÜ97/092) France - 96/2107, not properly applied, reasoned opinion to be sent in 1998 Italy - 87/0356, not implemented, supplementary reasoned opinion (suspended) in 1997 properly Finland - 96/0559, no measures notified, reasoned opinion in 1997, referral scheduled in 1998 United Kingdom - 86/0214, not properly applied, judgment in 1993 (Case CÜ90/056) 76/0464 Dangerous substances in the sea Member States which have notified implementing measures: all - 91/0205, not properly implemented, referral Belgium in 1997 (Case CÜ97/207) Italy - 91/0642, not properly applied, referral in 1996 (Case CÜ96/285) Luxembourg - 91/0207, not properly applied, referral in 1996 (Case CÜ96/206) Netherlands - 90/4113, not properly applied, referral scheduled in 1998 Portugal - 91/0556, not properly applied, referral scheduled in 1998 United Kingdom - 91/0785, not properly applied, reasoned opinion in 1997 78/0319 Toxic and dangerous waste Member States which have notified implementing measures: all in Germany in 1994, - 90/0038, not properly applied, referral judgment 1992 (Case CÜ92/422), Art. 171 letter in 1997 78/0659 Quality of fresh waters Member States which have notified implementing measures: all - 90/2202, not properly applied, terminated in Belgium 1997 Germany - 90/2203, not properly applied, referral in 1995 (Case CÜ95/298), Art. 171 letter in 1997 Italy United Kingdom - 90/0211, not properly implemented, referral in 1993 (Case CÜ93/291), judgment in 1994, Art. 171 letter in 1997 - 92/2362, not properly implemented, reasoned opinion in 1997 79/0409 Conservation of wild birds Member States which have notified implementing measures: all C 250/174 EN Official Journal of the European Communities 10. 8. 98 Belgium - 90/0291, not properly implemented, supplementary reasoned opinion in 1997 Germany - 92/4575, not properly applied, supplementary Art. 169 letter to be sent in 1998 80/0068 Protection of groundwater Member States which have notified implementing measures: all Germany - 86/0121, terminated in 1997 Germany - 94/4864, not properly applied, reasoned opinion to be sent in 1998 Ireland - 89/0163, not properly implemented, supplementary reasoned opinion in 1997 Germany - 86/0222, not properly implemented, Portugal - 93/2112, not properly implemented, referral terminated in 1997 in 1997 (Case CÜ97/183) Spain - 91/4380, not properly applied, reasoned France - 90/0352, not properly implemented, opinion in 1996 Spain - 95/4128, not properly applied, reasoned opinion in 1997 United Kingdom - 90/5242, not properly applied, reasoned opinion in 1997 Spain France France - 88/0295, not properly applied, judgment in 1993 (Case CÜ90/355), Art. 171 letter in 1996 - 84/0121, not properly implemented, judgment supplementary (Case CÜ90/355), in 1993 Art. 171 letter in 1997 - 94/4084, not implemented, supplementary Art. 169 letter to be sent in 1998 properly 80/0778 Drinking water Member States which have notified implementing measures: all - 90/5043, not properly applied, terminated in Belgium 1997 France - 91/2316, not properly applied, terminated in 1997 France - 94/4733, not properly applied, reasoned opinion in 1997 Portugal - 93/2191, not properly implemented, reasoned opinion to be sent in 1998 France - 91/4599, not properly applied, referral in 1997 (Case CÜ97/166) United Kingdom - 91/0772, not properly applied, referral in 1996 (Case CÜ96/340) France - 92/4052, not properly applied, reasoned opinion in 1997 France - 92/4527, not properly applied, reasoned opinion in 1997 France - 89/4910, not properly applied, reasoned opinion in 1995, referral scheduled in 1998 80/0779 Air quality Member States which have notified implementing measures: all - 96/0386, no measures notified, terminated in Austria 1997 France - 91/0640, not properly applied, referral Portugal - 93/2113, not properly applied, terminated in (suspended) in 1997 1997 - 92/4279, not properly implemented, reasoned Finland - 96/0564, no measures notified, terminated in opinion in 1997 1997 Italy Italy Italy - 93/2165, not properly applied, reasoned opinion to be sent in 1998 - 87/0327, not properly applied, referral (suspended) in 1997 Luxembourg - 88/0172, not properly applied, supplementary reasoned opinion in 1997 Netherlands - 93/4479, not properly applied, opinion in 1997 reasoned Finland - 96/0563, no measures notified, terminated in 80/0836 Health protection - ionising radiation Member States which have notified implementing measures: all except A, FIN, S Luxembourg - 88/0487, not properly implemented, referral scheduled in 1998 Netherlands - 88/0488, not properly implemented, supplementary Art. 169 letter (suspended) 1997 Austria - 97/0130, no measures notified, Art. 169 letter in 1997 79/0869 Surface water Member States which have notified implementing measures: all - 93/2035, not properly implemented, referral Portugal in 1997 (Case CÜ97/229) Finland - 97/0159, no measures notified, Art. 169 letter in 1997 Sweden - 97/0167, no measures notified, Art. 169 letter in 1997 79/0923 Shellfish waters Member States which have notified implementing measures: all in Italy - 91/0743, not properly applied, referral 1996 (Case CÜ96/225), judgment in 1997 82/0176 Mercury discharges Member States which have notified implementing measures: all - 92/2207, not properly implemented, reasoned Italy opinion (suspended) in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/175 82/0501 Major accident hazards Member States which have notified implementing measures: all - 87/0219, not properly implemented, referral Germany 85/0203 Air quality - nitrogen dioxide Member States which have notified implementing measures: all - 96/0394, no measures notified, terminated in Austria in 1997 (Case CÜ97/192) 1997 Italy - 91/2065, not properly applied, referral in Finland - 96/0568, no measures notified, terminated in 1997 (Case CÜ97/336) 1997 82/0884 Lead in the air Member States which have notified implementing measures: all - 96/0388, no measures notified, terminated in Austria 1997 Finland - 96/0565, no measures notified, terminated in 1997 83/0129 SealÜpup skins Member States which have notified implementing measures: all - 96/0566, no measures notified, terminated in Finland 1997 83/0513 Cadmium discharges Member States which have notified implementing measures: all - 92/2205, not properly implemented, reasoned Italy opinion (suspended) in 1997 84/0156 Mercury discharges Member States which have notified implementing measures: all in Portugal - 92/2303, not properly applied, referral 1997 (Case CÜ97/208) 84/0360 Air pollution from industrial plants Member States which have notified implementing measures: all - 92/2183, not properly implemented, reasoned Portugal opinion to be sent in 1998 84/0466 Radiation protection - patients Member States which have notified implementing measures: all implemented, not Belgium supplementary Art. 169 letter (suspended) in 1997 - 90/0237, properly Spain - 91/0723, not properly implemented, referral in 1996 (Case CÜ97/021) Ireland - 90/0239, not properly implemented, referral scheduled in 1998 Italy - 90/0240, not properly implemented, judgment in 1993 (Case CÜ92/95), 2nd referral (Art. 171), suspended in 1997 United Kingdom - 89/5110, not properly implemented, terminated in 1997 85/0337 Assessment of the effects of projects on the environment Member States which have notified implementing measures: all - 89/0652, not properly implemented, referral Belgium in 1994 (Case CÜ94/133), Art. 171 letter in 1997 Germany - 90/4710, not properly implemented, referral in 1995 (Case CÜ95/301) Germany - 93/2003, not properly implemented, reasoned opinion to be sent in 1998 Greece - 91/2036, not properly implemented, reasoned opinion (suspended) in 1997 Spain - 90/0129, not implemented, supplementary reasoned opinion to be sent in 1998 properly Ireland - 89/0425, not properly implemented, referral in 1996 (Case CÜ96/392) Italy Italy - 91/0794, not properly implemented, reasoned opinion in 1993 - 92/4674, not properly implemented, reasoned opinion in 1997 Portugal - 91/2168, not properly implemented, referral in 1997 (Case CÜ97/150) 85/0411 Conservation of wild birds Member States which have notified implementing measures: all in Netherlands - 87/0176, not properly applied, referral 1996 (Case CÜ96/003) Finland - 96/0563, no measures notified, terminated in 1997 85/0444 SealÜpup skins Member States which have notified implementing measures: all - 96/0570, no measures notified, terminated in Finland 1997 86/0278 Sewage sludge used in agriculture Member States which have notified implementing measures: all - 90/0230, no measures notified, terminated in Belgium 1997 Portugal - 90/0242, not properly implemented, referral France - 92/2226, not properly implemented, reasoned in 1996 (Case CÜ96/276) opinion to be sent in 1998 C 250/176 EN Official Journal of the European Communities 10. 8. 98 86/0280 Dangerous substances in the sea Member States which have notified implementing measures: all implemented, not Germany - 89/0427, properly 89/0370 SealÜpup skins Member States which have notified implementing measures: all - 96/0572, no measures notified, terminated in Finland terminated in 1997 1997 Ireland - 91/2216, not implemented, supplementary Art. 169 letter to be sent in 1998 properly Portugal - 92/2358, not properly implemented, referral in 1997 (Case CÜ97/213) 86/0431 Labelling of dangerous substances Member States which have notified implementing measures: all - 96/0397, no measures notified, terminated in Austria 1997 86/0609 Protection of animals Member States which have notified implementing measures: all except S Belgium - 93/2218, not properly implemented, referral in 1997 (Case CÜ97/268) 89/0427 Sulphur dioxide in the air Member States which have notified implementing measures: all - 96/0573, no measures notified, terminated in Finland 1997 89/0429 Municipal waste incinerators Member States which have notified implementing measures: all - 93/2122, not properly implemented, reasoned Belgium opinion to be sent in 1998 89/0618 Health protection - radiological emergency Member States which have notified implementing measures: all except FIN, S Luxembourg - 93/0611, no measures notified, terminated in Luxembourg - 93/2190, not properly implemented, referral 1997 scheduled in 1998 Germany - 93/2276, not properly implemented, referral Portugal - 92/2359, not properly implemented, referral scheduled in 1998 in 1997 (Case CÜ97/299) Sweden - 96/0487, no measures notified, reasoned opinion in 1997 87/0217 Pollution by asbestos Member States which have notified implementing measures: all - 90/4122, not properly applied, terminated in Belgium 1997 Portugal - 91/2218, not properly implemented, terminated in 1997 United Kingdom - 91/2163, not properly applied, terminated in 1997 88/0609 Emissions from large combustion plants Member States which have notified implementing measures: all implemented, not Portugal - 91/2220, properly terminated in 1997 89/0369 Incineration of municipal waste Member States which have notified implementing measures: all except I Belgium - 93/2121, not properly implemented, reasoned opinion to be sent in 1998 Italy - 91/0417, no measures notified, referral in 1995 (Case CÜ95/237), Art. 171 letter in 1997 Finland - 96/0574, no measures notified, Art. 169 letter in 1996 Sweden - 96/0488, no measures notified, Art. 169 letter in 1996 90/0219 Genetically modified organisms Member States which have notified implementing measures: all - 93/2120, not properly implemented, referral Belgium in 1997 (Case CÜ97/343) Germany - 91/2336, not properly implemented, reasoned opinion in 1997, referral scheduled in 1998 Luxembourg - 92/0395, no measures notified, terminated in 1997 Portugal - 93/2179, not properly implemented, reasoned opinion in 1997 90/0220 Genetically modified organisms Member States which have notified implementing measures: all - 93/2120, not properly implemented, referral Belgium in 1997 (Case CÜ97/343) Germany - 91/2336, not properly implemented, reasoned opinion in 1997, referral scheduled in 1998 Luxembourg - 92/0395, no measures notified, terminated in 1997 Portugal - 91/2173, not properly implemented, Portugal - 93/2179, not properly implemented, reasoned terminated in 1997 opinion in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/177 90/0313 Freedom of access to information on the environment Member States which have notified implementing measures: all - 94/2196, not properly implemented, referral Germany in 1997 (Case CÜ97/217) Spain - 94/2277, not properly applied, referral in 1997 (Case CÜ97/298) France - 94/2270, not properly applied, referral scheduled in 1998 Belgium - 93/4372, not properly implemented, reasoned France opinion to be sent in 1998 Netherlands - 93/2034, not properly implemented, reasoned - 92/1009, no measures notified, referral in 1996 (Case CÜ96/282), Art. 171 letter to be sent in 1998 opinion in 1997 Ireland - 94/4343, not properly applied, terminated in Portugal - 94/4682, not properly implemented, reasoned opinion to be sent in 1998 Spain - 93/2197, not properly implemented, referral scheduled in 1998 Spain - 95/4678, not properly implemented, referral scheduled in 1998 90/0641 Radiation protection - outside workers Member States which have notified implementing measures: all - 94/0004, no measures notified, terminated in Belgium 1997 1997 Italy - 92/1011, no measures notified, judgment in 1996 (Case CÜ95/303), Art. 171 letter in 1997 Italy - 94/2274, not properly applied, referral scheduled in 1998 Portugal - 97/2073, not properly applied, reasoned opinion to be sent in 1998 91/0244 Conservation of wild birds Member States which have notified implementing measures: all - 93/2123, not properly implemented, reasoned Belgium Greece - 94/0130, no measures notified, terminated in opinion in 1997 1997 Spain - 94/0131, no measures notified, terminated in 1997 Portugal - 94/0332, no measures notified, terminated in 1997 France - 94/2097, not properly implemented, referral scheduled in 1998 91/0156 Waste Member States which have notified implementing measures: all except E, F Spain - 93/0720, no measures notified, referral in 1996 (Case CÜ96/107), Art. 171 letter to be sent in 1998 Greece - 93/0901, no measures notified, terminated in 1997 Finland - 96/0579, no measures notified, terminated in 1997 91/0271 Urban waste water treatment Member States which have notified implementing measures: all except D, I Germany - 93/0669, no measures notified, referral in 1995 (Case CÜ95/297), Art. 171 letter in 1997 Spain - 97/2069, not properly applied, reasoned opinion to be sent in 1998 Greece - 93/0718, no measures notified, terminated in France - 93/0737, no measures notified, referral in 1996 (Case CÜ96/223), Art. 171 letter to be sent in 1998 Italy Italy - 95/2184, not properly applied, reasoned opinion to be sent in 1998 1997 - 93/0786, no measures notified, referral in 1995 (Case CÜ95/302), Art. 171 reasoned opinion to be sent in 1998 Portugal - 93/2247, not properly implemented, referral scheduled in 1998 91/0157 Batteries containing dangerous substances Member States which have notified implementing measures: all except D, F, I Belgium - 92/1005, no measures notified, terminated in 1997 Belgium - 94/2271, not properly applied, referral in 1997 (Case CÜ97/347) Germany - 92/1006, no measures notified, referral 1996 (Case CÜ96/236), judgment in 1997 in 91/0410 Labelling of dangerous substances Member States which have notified implementing measures: all except B Belgium - 92/0666, no measures notified, referral in 1996 (Case CÜ96/356) Italy - 92/0832, no measures notified, terminated in 1997 Greece - 94/2273, not properly applied, reasoned Portugal - 92/0902, no measures notified, terminated in opinion in 1997, referral scheduled in 1998 1997 C 250/178 EN Official Journal of the European Communities 10. 8. 98 91/0676 Pollution of water by nitrates of agricultural origin Member States which have notified implementing measures: all implemented, not Belgium - 94/2239, properly 92/0014 Operation of aeroplanes Member States which have notified implementing measures: all reasoned Belgium - 95/4970, not properly applied, supplementary reasoned opinion in 1997 opinion to be sent in 1998 Greece - 94/2247, not properly implemented, referral in 1997 (Case CÜ97/173) Spain - 94/2240, not properly implemented, referral in 1997 (Case CÜ97/071) Spain - 96/2205, not properly applied, reasoned opinion in 1997 Finland - 96/0581, no measures notified, terminated in 1997 Ireland - 94/2238, not properly implemented, reasoned opinion to be sent in 1998 Italy Italy - 94/2245, not properly implemented, referral in 1997 (Case CÜ97/195) - 96/2232, not properly implemented, reasoned opinion to be sent in 1998 Netherlands - 94/2242, supplementary Art. 169 letter in 1997 Austria - 96/0430, no measures notified, terminated in 1997 Portugal - 94/2243, not properly implemented, terminated in 1997 91/0689 Hazardous waste Member States which have notified implementing measures: all except UK Greece - 95/0448, no measures notified, terminated in 1997 Spain - 95/0474, no measures notified, terminated in 1997 France - 95/0498, no measures notified, terminated in 1997 Italy - 95/0539, no measures notified, terminated in 1997 Luxembourg - 95/0565, no measures notified, terminated in 1997 Portugal - 95/0601, no measures notified, terminated in 1997 92/0032 Labelling of dangerous substances Member States which have notified implementing measures: all except B Belgium - 93/0970, no measures notified, referral in 1996 (Case CÜ96/222), Art. 171 letter in 1997 Italy - 93/1044, no measures notified, terminated in 1997 Portugal - 93/1075, no measures notified, terminated in 1997 92/0043 Conservation of natural habitats and wild fauna and flora Member States which have notified implementing measures: all except B, D, EL, F, FIN Germany - 94/0645, no measures notified, referral 1997 (Case CÜ97/083), judgment in 1997 in Germany - 95/2225, not properly applied, reasoned opinion in 1997 Belgium - 96/2148, no measures notified, Art. 169 letter in 1997 Denmark - 96/2090, not properly applied, reasoned opinion to be sent in 1998 Greece - 94/0703, no measures notified, referral 1996 (Case CÜ96/324), Art. 171 letter to be sent in 1998 judgment in in 1997, Spain - 95/2231, not properly applied, reasoned opinion in 1997 Spain - 96/4373, not properly applied, reasoned opinion to be sent in 1998 France - 94/0673, no measures notified, supplementary reasoned opinion in 1997 France - 95/2230, not properly applied, reasoned opinion in 1997 Ireland - 96/2028, not properly implemented, terminated in 1997 United Kingdom - 95/0629, no measures notified, reasoned opinion to be sent in 1998 Ireland - 95/2229, not properly applied, reasoned opinion in 1997 92/0003 Shipments of radioactive waste Member States which have notified implementing measures: all except B, D Belgium - 94/0400, no measures notified, referral in 1997 (Case CÜ97/277) Italy Italy - 94/0718, no measures notified, terminated in 1997 - 96/2091, not properly applied, reasoned opinion to be sent in 1998 Luxembourg - 95/2226, not properly applied, opinion in 1997 reasoned Germany - 94/0413, no measures notified, referral in 1997 (Case CÜ97/220) Netherlands - 95/2228, not properly applied, opinion in 1997 reasoned Greece - 94/0428, no measures notified, terminated in Portugal - 94/0748, no measures notified, terminated in 1997 1997 10. 8. 98 EN Official Journal of the European Communities C 250/179 United Kingdom - 96/2092, not properly applied, reasoned opinion in 1997 Finland - 96/0582, no measures notified, reasoned opinion in 1998 Finland - 95/2224, not properly applied, reasoned opinion in 1998 93/0067 Principles for assessment of risks Member States which have notified implementing measures: all except B, UK Belgium - 93/0978, no measures notified, referral in 1996 (Case CÜ96/221), judgment in 1996, Art. 171 letter in 1997 92/0069 Labelling of dangerous substances Member States which have notified implementing measures: all except B Belgium - 93/0973, no measures notified, referral in 1996 (Case CÜ96/220), Art. 171 letter in 1997 Italy - 93/1047, no measures notified, terminated in 1997 Portugal - 93/1077, no measures notified, terminated in 1997 92/0072 Air pollution by ozone Member States which have notified implementing measures: all except S France - 96/2186, not properly applied, reasoned Italy - 93/1054, no measures notified, terminated in 1997 Portugal - 93/1084, no measures notified, terminated in 1997 United Kingdom - 93/1095, no measures notified, supplementary Art. 169 letter in 1997 93/0072 Labelling of dangerous substances Member States which have notified implementing measures: all except B Belgium - 94/0791, no measures notified, referral 1997 (Case CÜ97/190), judgment in 1997 in Italy - 94/0885, no measures notified, terminated in 1997 opinion to be sent in 1998 Portugal - 94/0943, no measures notified, terminated in Greece - 94/0547, no measures notified, terminated in 1997 Portugal - 94/0590, no measures notified, terminated in 1997 Finland - 96/0583, no measures notified, terminated in 1997 Sweden - 96/0491, no measures notified, reasoned opinion in 1997 92/0112 Pollution - titanium dioxide Member States which have notified implementing measures: all - 94/2151, not properly implemented, reasoned Germany opinion in 1997 93/0012 Sulphur content of liquid fuels Member States which have notified implementing measures: all except E Belgium - 94/0519, no measures notified, terminated in 1997 Spain - 94/0552, no measures notified, reasoned opinion in 1996 93/0021 Labelling of dangerous substances Member States which have notified implementing measures: all except B Belgium - 94/0782, no measures notified, referral 1996 (Case CÜ96/313), judgment in 1997 in 1997 93/0086 Batteries and accumulators containing certain dangerous substances Member States which have notified implementing measures: all except D, F, I Belgium - 94/0032, no measures notified, terminated in 1997 Germany - 94/0094, no measures notified, referral 1996 (Case CÜ96/236), judgment in 1997 in France - 94/0193, no measures notified, referral 1996 (Case CÜ96/283), Art. 171 letter to be sent in 1998 judgment in in 1997, Italy - 94/0261, no measures notified, referral in 1996 (Case CÜ96/286) 93/0090 Labelling of dangerous substances Member States which have notified implementing measures: all except B Belgium - 94/0033, no measures notified, referral scheduled in 1996 (Case CÜ96/358), judgment in 1997 Italy - 94/0262, no measures notified, terminated in 1997 Portugal - 94/0361, no measures notified, terminated in 1997 Italy - 94/0876, no measures notified, terminated in 1997 Portugal - 94/0933, no measures notified, terminated in 1997 93/0101 Labelling of dangerous substances Member States which have notified implementing measures: all except B C 250/180 EN Official Journal of the European Communities 10. 8. 98 Belgium - 95/0230, no measures notified, referral 1997 (Case CÜ97/083), judgment in 1997 in Greece - 96/0911, no measures notified, reasoned opinion in 1997 Italy - 95/0319, no measures notified, terminated in Ireland - 96/0974, no measures notified, reasoned 1997 opinion in 1997 Portugal - 95/0361, no measures notified, terminated in 1997 93/0105 Information required for technical dossiers Member States which have notified implementing measures: all except B Belgium - 94/0035, no measures notified, referral in in 1996, 1996 (Case CÜ96/218), Art. 171 letter in 1997 judgment Italy - 94/0263, no measures notified, terminated in 1997 Portugal - 94/0362, no measures notified, terminated in 1997 94/0015 Genetically modified organisms Member States which have notified implementing measures: all except B, L Belgium - 94/0634, no measures notified, referral in 1996 (Case CÜ96/357), judgment in 1997, Art. 171 letter to be sent in 1998 Germany - 94/0658, no measures notified, terminated in 1997 Spain - 94/0672, no measures notified, terminated in 1997 Luxembourg - 94/0742, no measures notified, referral in 1997 (Case CÜ97/339) 94/0051 Genetically modified organisms Member States which have notified implementing measures: all except B, L, P Belgium - 95/0239, no measures notified, referral in 1997 (Case CÜ97/343) Spain - 95/0290, no measures notified, terminated in 1997 Ireland - 95/0312, no measures notified, terminated in 1997 Luxembourg - 95/0344, no measures notified, referral in 1997 (Case CÜ97/339) Portugal - 95/0371, no measures notified, referral in 1997 (Case CÜ97/285) 94/0062 Packaging and packaging waste Member States which have notified implementing measures: all except B, EL, IRL, L, P, FIN, UK Belgium - 96/2223, no measures notified, reasoned opinion to be sent in 1998 Luxembourg - 96/1013, no measures notified, reasoned opinion in 1997 Portugal - 96/2207, no measures notified, reasoned opinion to be sent in 1998 United Kingdom - 96/2224, no measures notified, Art. 169 letter in 1997 94/0063 Volatile organic compound emissions Member States which have notified implementing measures: all except D, UK Belgium - 96/0011, no measures notified, terminated in 1997 Germany - 96/0042, no measures notified, reasoned opinion in 1997 Greece - 96/0059, no measures notified, terminated in 1997 Ireland - 96/0116, no measures notified, terminated in 1997 Portugal - 96/0184, no measures notified, terminated in 1997 Finland - 96/0590, no measures notified, terminated in 1997 United Kingdom - 95/2031, no measures notified, reasoned opinion to be sent in 1998 94/0066 Emissions of pollutants into the air Member States which have notified implementing measures: all - 95/0465, no measures notified, terminated in Greece 1997 Italy - 95/0555, no measures notified, terminated in 1997 Portugal - 95/0620, no measures notified, terminated in 1997 94/0067 Incineration of hazardous waste Member States which have notified implementing measures: all except B, DK, EL, IRL, I, A, P, FIN, UK Austria - 97/0137, no measures notified, reasoned opinion to be sent in 1998 Belgium - 97/0021, no measures notified, reasoned opinion to be sent in 1998 Denmark - 97/0027, no measures notified, reasoned opinion to be sent in 1998 Finland - 97/0161, no measures notified, reasoned opinion to be sent in 1998 Greece - 97/0048, no measures notified, reasoned opinion to be sent in 1998 Finland - 96/0589, no measures notified, reasoned Ireland - 97/0085, no measures notified, reasoned opinion in 1997 opinion to be sent in 1998 10. 8. 98 EN Official Journal of the European Communities C 250/181 Italy - 97/0097, no measures notified, reasoned opinion to be sent in 1998 United Kingdom - 97/0538, no measures notified, Art. 169 letter in 1997 Portugal - 97/0147, no measures notified, reasoned opinion to be sent in 1998 United Kingdom - 97/0182, no measures notified, Art. 169 letter in 1997 7. TRANSPORT 94/0069 Labelling of dangerous substances Member States which have notified implementing measures: all except B, IRL, P Belgium - 96/0859, no measures notified, reasoned opinion in 1997 Ireland - 96/0975, no measures notified, reasoned opinion in 1997 Portugal - 96/1040, no measures notified, reasoned opinion in 1997 95/0027 Excavators, dozers and excavator loaders Member States which have notified implementing measures: all except B, I Belgium - 96/0016, no measures notified, referral in 1997 (Case CÜ97/326) Greece - 96/0066, no measures notified, terminated in 1997 Ireland - 96/0122, no measures notified, terminated in 1997 Italy - 96/0141, no measures notified, referral in 1997 (Case CÜ97/324) Luxembourg - 96/0159, no measures notified, terminated in 1997 97/0035 Release of genetically modified organisms Member States which have notified implementing measures: all except B, DK, D, EL, F, IRL, A, P, S, UK Belgium - 97/0483, no measures notified, Art. 169 letter in 1997 Denmark - 97/0487, no measures notified, Art. 169 letter in 1997 Germany - 97/0492, no measures notified, Art. 169 letter in 1997 Greece - 97/0496, no measures notified, Art. 169 letter in 1997 France - 97/0505, no measures notified, Art. 169 letter in 1997 Ireland - 97/0510, no measures notified, Art. 169 letter in 1997 Austria - 97/0523, no measures notified, Art. 169 letter in 1997 Portugal - 97/0528, no measures notified, Art. 169 letter in 1997 Sweden - 97/0535, no measures notified, Art. 169 letter in 1997 76/0135 Reciprocal recognition of navigability waterway vessels Member States which have notified B, D, F, L, NL, A licences for inland implementing measures: 79/0115 Pilotage of vessels Member States which have notified implementing measures: all 82/0714 Technical requirements for inland waterway vessels Member States which have notified B, D, F, I, L, NL, A implementing measures: 84/0647 Vehicles hired without drivers Member States which have notified implementing measures: all - 96/0392, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 87/0540 Admission to the occupation of carrier of goods by waterway Member States which have notified implementing measures: B, D, F, I, L, NL, A Germany - 93/2202, not properly implemented, Art. 169 in 1995, in 1994, reasoned opinion letter terminated in 1997 88/0599 Transport by road - social legislation - recording equipment Member States which have notified implementing measures: all - 96/0571, no measures notified, Art. 169 letter Finland in 1996, terminated in 1997 90/0398 Vehicles hired without drivers Member States which have notified implementing measures: all - 96/0413, no measures notified, Art. 169 letter Austria in 1996, terminated in 1997 91/0328 Roadworthiness tests for motor vehicles and their trailers Member States which have notified implementing measures: all except IRL Ireland - 93/0764, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1996, referral scheduled 91/0439 Driving licences Member States which have notified B, DK, EL, E, IRL, I, L, NL, A, P, FIN, S, UK implementing measures: C 250/182 EN Official Journal of the European Communities 10. 8. 98 Belgium - 96/0857, no measures notified, Art. 169 letter Austria - 96/0429, no measures notified, Art. 169 letter in 1997, terminated in 1997 in 1996, terminated in 1997 Germany - 96/2218, partial failure to notify measures, Art. 169 letter in 1997, reasoned opinion to be sent France - 96/2216, partial failure to notify measures, Art. 169 letter in 1997, reasoned opinion to be sent Austria - 96/2217, partial failure to notify measures, Art. 169 letter in 1997, terminated in 1997 Portugal - 96/2221, partial failure to notify measures, Art. 169 letter in 1997, terminated in 1997 Sweden - 96/2222, not properly implemented, Art. 169 letter in 1997, reasoned opinion to be sent 92/0106 Combined transport Member States which have notified implementing measures: all - 93/0636, no measures notified, Art. 169 letter Belgium in 1993, reasoned opinion in 1996, referral in 1997, withdrawn in 1997 93/0065 AirÜtraffic management systems Member States which have notified DK, D, EL, E, F, IRL, L, NL, P, FIN, S, UK Belgium - 95/0394, no measures notified, Art. 169 letter implementing measures: United Kingdom - 96/2234, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996 in 1997, terminated in 1997 91/0440 Development of railways Member States which have notified implementing measures: all - 95/2243, not properly implemented, Art. 169 Spain letter in 1996, reasoned opinion in 1997 France Italy - 95/2247, not properly implemented, Art. 169 letter in 1997, reasoned opinion to be sent - 95/2245, not properly implemented, Art. 169 letter in 1996, reasoned opinion in 1997, to be referred Luxembourg - 95/2244, not properly implemented, Art. 169 letter in 1996, reasoned opinion in 1997 United Kingdom - 95/2248, not properly implemented, Art. 169 letter in 1997, reasoned opinion to be sent 91/0670 Mutual acceptance of personnel licences in civil aviation Member States which have notified implementing measures: all - 95/4152, not properly applied, Art. 169 letter Belgium in 1996, reasoned opinion to be sent Spain - 93/4211, not properly applied, opinion in 1996, terminated in 1997 reasoned France - 93/4916, not properly applied, reasoned opinion in 1995 91/0672 Boatmasters’ certificates for inland waterways Member States which have notified B, D, F, L, NL, A implementing measures: Spain France Italy - 95/0477, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 - 94/0843, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, terminated in 1997 - 95/0542, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 Austria - 96/0453, no measures notified, Art. 169 letter in 1996, reasoned opinion to be sent 93/0075 Minimum requirements leaving Community ports and carrying dangerous or polluting goods Member States which have notified implementing measures: all - 95/2219, not properly implemented, Art. 169 Belgium letter in 1996, reasoned opinion to be sent for vessels bound for or Denmark - 94/0804, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995, terminated in 1997 Germany - 95/2218, not properly implemented, Art. 169 letter in 1996, reasoned opinion in 1997 Spain Italy - 94/0833, no measures notified, Art. 169 letter in 1995, in 1997, reasoned opinion reasoned opinion in 1995, supplementary terminated in 1997 - 94/0887, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995, referral in 1997, withdrawn in 1997 United Kingdom - 96/2170, not properly implemented, Art. 169 letter in 1996, reasoned opinion in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/183 93/0089 Taxes on certain vehicles used for the carriage of goods by road Member States which have notified implementing measures: all except F France - 95/0103, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1996, referral in 1997 Netherlands - 97/0119, no measures notified, Art. 169 letter in 1997 Austria - 97/0136, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Portugal - 97/0146, no measures notified, Art. 169 letter Italy - 95/0133, no measures notified, Art. 169 letter in 1997 in 1995, terminated in 1997 Austria - 96/2059, not properly applied, Art. 169 letter in 1996, reasoned opinion in 1997, referral scheduled Sweden - 96/0493, no measures notified, Art. 169 letter in 1996, terminated in 1997 94/0023 Roadworthiness tests for motor vehicles and their trailers and minimum standards for testing vehicle braking systems Member States which have notified implementing measures: all except A, P Ireland - 97/0224, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 97/0232, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 97/0241, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Portugal - 97/0247, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent 94/0055 Carriage of dangerous goods by road Member States which have notified B, DK, D, E, F, I, L, NL, A, P, FIN, S, UK implementing measures: 94/0056 Investigation of civil aviation accidents and incidents Member States which have notified DK, IRL, FIN, S, UK Belgium - 97/0020, no measures notified, Art. 169 letter implementing measures: in 1997, reasoned opinion to be sent United Kingdom - 97/0181, no measures notified, Art. 169 letter in 1997, terminated in 1997 94/0057 Ship inspections and surveys Member States which have notified DK, D, EL, E, F, L, A, P, FIN, S, UK Belgium implementing measures: - 96/0009, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, referral in 1997 Germany - 97/2023, not properly implemented, Art. 169 letter in 1997, reasoned opinion to be sent Greece Spain Ireland Italy - 96/0056, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, terminated in 1997 - 96/2211, not properly implemented, Art. 169 letter in 1997, reasoned opinion to be sent - 96/0113, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, referred in 1977 - 96/0132, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, referral in 1997 Netherlands - 96/0164, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, referral in 1997 Austria - 96/0469, no measures notified, Art. 169 letter in 1996, terminated in 1997 Germany - 97/0033, no measures notified, Art. 169 letter in 1997 Finland - 96/0588, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 97/0047, no measures notified, Art. 169 letter in 1997 Spain - 97/0061, no measures notified, Art. 169 letter in 1997 France - 97/0075, no measures notified, Art. 169 letter in 1997 Ireland - 97/0084, no measures notified, Art. 169 letter in 1997, terminated in 1997 Italy - 96/0096, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Luxembourg - 97/0107, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Sweden - 96/0495, no measures notified, Art. 169 letter in 1996, terminated in 1997 United Kingdom - 96/0202, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, terminated in 1997 94/0058 Training of seafarers Member States which have notified implementing measures: all except NL C 250/184 EN Official Journal of the European Communities 10. 8. 98 Ireland Italy - 96/0114, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, terminated in 1997 - 96/0133, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, terminated in 1997 95/0019 Allocation of railway infrastructure capacity and the charging of infrastructure fees Member States which have notified DK, D, A, P, FIN, S Belgium - 97/0262, no measures notified, Art. 169 letter implementing measures: in 1997, reasoned opinion to be sent Netherlands - 96/0165, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996 Denmark - 97/0278, no measures notified, Art. 169 letter in 1997, terminated in 1997 Austria - 96/0470, no measures notified, Art. 169 letter in 1996, terminated in 1997 Greece - 97/0307, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Portugal - 96/0182, no measures notified, Art. 169 letter in 1996, reasoned opinion in 1996, terminated in 1997 Spain - 97/0325, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent France - 97/0340, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent 95/0018 Licensing of railway undertakings Member States which have notified DK, D, A, FIN, S Belgium implementing measures: Ireland - 97/0358, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent - 97/0261, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Italy - 96/0371, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Denmark - 97/0277, no measures notified, Art. 169 letter in 1997, terminated in 1997 Luxembourg - 97/0384, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Germany - 97/0292, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/0400, no measures notified, Art. 169 letter in 1997 Greece - 97/0306, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Portugal - 97/0427, no measures notified, Art. 169 letter in 1997, terminated in 1997 Spain - 97/0324, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent United Kingdom - 97/0463, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent France - 97/0339, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Ireland - 97/0357, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Italy - 96/0370, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Luxembourg - 97/0383, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent 95/0021 Ship safety, pollution control and shipboard living and working conditions Member States which have notified DK, D, EL, E, F, L, A, FIN, S, UK Belgium - 96/0861, no measures notified, Art. 169 letter implementing measures: in 1997, reasoned opinion in 1997 Greece - 96/0914, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/0399, no measures notified, Art. 169 letter in 1997 Spain - 96/0939, no measures notified, Art. 169 letter in 1997, reasoned opinion in 1997, terminated in 1997 Portugal - 97/0426, no measures notified, Art. 169 letter Ireland - 96/0978, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1997, reasoned opinion in 1997 United Kingdom - 97/0462, no measures notified, Art. 169 letter Italy - 96/0997, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent in 1997, reasoned opinion in 1997 10. 8. 98 EN Official Journal of the European Communities C 250/185 Netherlands - 96/1032, no measures notified, Art. 169 letter Denmark - 97/0201, no measures notified, Art. 169 letter in 1997 in 1997, reasoned opinion to be sent Portugal - 96/1043, no measures notified, Art. 169 letter in 1997, reasoned opinion in 1997 Finland - 96/1102, no measures notified, Art. 169 letter in 1997, terminated in 1997 95/0050 Uniform procedures for checks on transport of dangerous goods by road Member States which have notified DK, EL, E, I, L, NL, P, FIN, S, UK Belgium - 97/0478, no measures notified, Art. 169 letter implementing measures: in 1997 France - 97/0500, no measures notified, Art. 169 letter in 1997 Ireland - 97/0506, no measures notified, Art. 169 letter in 1997 96/0039 Minimum requirements leaving Community ports and carrying dangerous or polluting goods Member States which have notified implementing measures: E, I, L, A, FIN, S Belgium - 97/0480, no measures notified, Art. 169 letter for vessels bound for or in 1997 Denmark - 97/0485, no measures notified, Art. 169 letter in 1997 Germany - 97/0490, no measures notified, Art. 169 letter in 1997 Greece - 97/0494, no measures notified, Art. 169 letter in 1997 France - 97/0502, no measures notified, Art. 169 letter in 1997 Ireland - 97/0508, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0517, no measures notified, Art. 169 letter in 1997 Greece - 97/0208, no measures notified, Art. 169 letter in 1997, terminated in 1997 Spain - 97/0216, no measures notified, Art. 169 letter in 1997, terminated in 1997 France - 97/0221, no measures notified, Art. 169 letter in 1997, terminated in 1997 Ireland - 97/0227, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Italy - 96/0230, no measures notified, Art. 169 letter in 1997, terminated in 1997 Netherlands - 97/0237, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Portugal - 97/0251, no measures notified, Art. 169 letter in 1997, reasoned opinion to be sent Finland - 97/0255, no measures notified, Art. 169 letter in 1997, terminated in 1997 United Kingdom - 97/0258, no measures notified, Art. 169 letter in 1997, terminated in 1997 96/0047 Driving licences Member States which have notified DK, E, L, P, FIN implementing measures: 96/0049 Transport of dangerous goods by rail Member States which have notified D, E, F, NL, A, FIN, S, UK implementing measures: 96/0053 Maximum weights and dimensions for certain road vehicles Member States which have notified B, DK, E, L, P, FIN Germany - 97/0574, no measures notified, Art. 169 letter implementing measures: in 1997 Greece - 97/0587, no measures notified, Art. 169 letter in 1997 France - 97/0620, no measures notified, Art. 169 letter Portugal - 97/0525, no measures notified, Art. 169 letter in 1997 in 1997 United Kingdom - 97/0537, no measures notified, Art. 169 letter in 1997 96/0040 Common model for an identity card for inspectors carrying out port State control Member States which have notified D, EL, E, F, I, L, FIN, S, UK Belgium - 97/0198, no measures notified, Art. 169 letter implementing measures: in 1997, reasoned opinion to be sent Ireland - 97/0633, no measures notified, Art. 169 letter in 1997 Italy - 97/0650, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0673, no measures notified, Art. 169 letter in 1997 Austria - 97/0688, no measures notified, Art. 169 letter in 1997 Sweden - 97/0737, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0751, no measures notified, Art. 169 letter in 1997 C 250/186 EN Official Journal of the European Communities 10. 8. 98 96/0067 Access to the groundhandling market at Community airports Member States which have notified implementing measures: none Belgium - 97/0543, no measures notified, Art. 169 letter in 1997 Denmark - 97/0559, no measures notified, Art. 169 letter 97/0034 Minimum requirements leaving Community ports and carrying dangerous or polluting goods Member States which have notified implementing measures: E, L, NL, A, S Belgium - 97/0551, no measures notified, Art. 169 letter for vessels bound for or in 1997 in 1997 Denmark - 97/0567, no measures notified, Art. 169 letter Germany - 97/0576, no measures notified, Art. 169 letter in 1997 in 1997 Germany - 97/0581, no measures notified, Art. 169 letter Greece - 97/0591, no measures notified, Art. 169 letter in 1997 in 1997 Greece - 97/0599, no measures notified, Art. 169 letter Spain - 97/0606, no measures notified, Art. 169 letter in 1997 in 1997 France - 97/0627, no measures notified, Art. 169 letter France - 97/0622, no measures notified, Art. 169 letter in 1997 in 1997 Ireland - 97/0644, no measures notified, Art. 169 letter Ireland - 97/0636, no measures notified, Art. 169 letter in 1997 Italy - 97/0653, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0667, no measures notified, Art. 169 letter in 1997 Netherlands - 97/0675, no measures notified, Art. 169 letter in 1997 Austria - 97/0690, no measures notified, Art. 169 letter in 1997 Portugal - 97/0705, no measures notified, Art. 169 letter in 1997 Finland - 97/0722, no measures notified, Art. 169 letter in 1997 Sweden - 97/0740, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0754, no measures notified, Art. 169 letter in 1997 96/0075 Systems of chartering and pricing in national and international inland waterway transport in the Community Member States which have notified B, F implementing measures: 96/0086 Carriage of dangerous goods by road Member States which have notified B, DK, D, F, I, NL, A, P, FIN, S implementing measures: in 1997 Italy - 97/0661, no measures notified, Art. 169 letter in 1997 Portugal - 97/0713, no measures notified, Art. 169 letter in 1997 Finland - 97/0730, no measures notified, Art. 169 letter in 1997 United Kingdom - 97/0761, no measures notified, Art. 169 letter in 1997 97/0044 Summertime Member States which have notified implementing measures: all 8. ENERGY 92/0042 Efficiency requirements for hot water boilers Member States which have notified implementing measures: all - 93/0971, no measures notified, terminated in Belgium 1997 93/0076 Carbon dioxide emissions Member States which have notified implementing measures: all - 95/0023, no measures notified, terminated in Belgium 1997 Spain - 95/0080, no measures notified, terminated in 1997 Greece - 95/0064, no measures notified, terminated in Ireland - 95/0113, no measures notified, terminated in 1997 Italy - 95/0131, no measures notified, terminated in 1997 Luxembourg - 95/0146, no measures notified, terminated in 1997 Portugal - 95/0176, no measures notified, terminated in 1997 96/0087 Transport of dangerous goods by rail Member States which have notified D, EL, F, NL, A, FIN, S implementing measures: 1997 97/0015 Definition and use of compatible technical specifications for the procurement of air traffic management equipment and systems Member States which have notified implementing measures: F, IRL, NL, FIN, S, UK 10. 8. 98 EN Official Journal of the European Communities C 250/187 implementing measures: labelling of refrigerators, freezers and their combiÜ 94/0002 Energy nations Member States which have notified A, B, D, DK, EL, E, FIN, F, IRL, NL, P, S, UK Germany - 95/0049, no measures notified, terminated in 1997 Italy - 95/0136, no measures notified, referral in 1997 94/0022 Authorisations for the prospection, exploration and production of hydrocarbons Member States which have notified implementing measures: A, B, DK, D, E, EL, F, I, NL, P, S, UK (not applicable to Luxembourg) Belgium - 95/0401, no measures notified, terminated in 1998 Ireland - 95/0526, no measures notified, referral in 1997 implementing measures: 95/0012 Energy labelling of household washing machines Member States which have notified A, D, DK, E, EL, FIN, IRL, L, NL, P, S, UK Germany - 96/0250, no measures notified, terminated in 1998 Belgium - 96/0233, no measures notified, Art. 169 letter in 1996 France - 96/0286, no measures notified, Art. 169 letter in 1996 Greece - 96/0266, no measures notified, terminated in 1997 Italy - 96/0309, no measures notified, Art. 169 letter in 1996 Netherlands - 96/0332, no measures notified, terminated in 1997 95/0013 Energy labelling of household electric tumble dryers Member States which have notified A, D, DK, E, EL, F, FIN, IRL, L, NL, P, S, UK Germany - 96/0251, no measures notified, terminated in implementing measures: 1998 Belgium - 96/0234, no measures notified, Art. 169 letter 97/0017 Energy labelling of household dishwashers Member States which have notified implementing measures: NL 9. STATISTICS 95/0057 Tourism statistics Member States which have notified implementing measures: all except F, IRL, I, UK Germany - 97/0037, no measures notified, Art. 169 letter in 1997, to be terminated France - 97/0079, no measures notified, Art. 169 letter in 1997 Ireland - 97/0089, no measures notified, Art. 169 letter in 1997 Italy - 97/0101, no measures notified, Art. 169 letter in 1997 Portugal - 97/0151, no measures notified, Art. 169 letter in 1997, to be terminated United Kingdom - 97/0185, no measures notified, Art. 169 letter in 1997 96/0016 Milk statistics Member States which have notified implementing measures: all except EL, E, IRL, I, FIN Belgium - 97/0024, no measures notified, Art. 169 letter in 1997, to be terminated Denmark - 97/0029, no measures notified, Art. 169 letter in 1997, to be terminated Germany - 97/0040, no measures notified, Art. 169 letter in 1997, to be terminated Greece - 97/0055, no measures notified, Art. 169 letter in 1997 in 1996 Spain - 97/0068, no measures notified, Art. 169 letter Greece - 96/0267, no measures notified, terminated in in 1997 1997 France - 97/0081, no measures notified, Art. 169 letter Italy - 96/0310, no measures notified, Art. 169 letter in 1997, to be terminated in 1996 Ireland - 97/0092, no measures notified, Art. 169 letter Netherlands - 96/0333, no measures notified, terminated in in 1997 1997 96/0057 Energy efficiency requirements for refrigerators, freezers and combinations thereof Member States which have notified A, NL, UK implementing measures: 96/0060 Energy labelling of household combined washer dryers Member States which have notified A, D, DK, EL, FIN, IRL, NL, P, S, UK implementing measures: labelling of household washing machines (amending 96/0089 Energy Directive 95/0012) Member States which have notified A, D, DK, E, EL, FIN, IRL, NL, P, UK implementing measures: Italy - 97/0104, no measures notified, Art. 169 letter in 1997 Luxembourg - 97/0113, no measures notified, Art. 169 letter in 1997, to be terminated Netherlands - 97/0125, no measures notified, Art. 169 letter in 1997, to be terminated Portugal - 97/0153, no measures notified, Art. 169 letter in 1997, to be terminated Finland - 97/0163, no measures notified, Art. 169 letter in 1997 Sweden - 97/0174, no measures notified, Art. 169 letter in 1997, to be terminated United Kingdom - 97/0188, no measures notified, Art. 169 letter in 1997, to be terminated Progress in notifyng national measures transposing community directives (situation at 31 december 1997) Chapter Sector Customs Foodstuffs Pharmaceutical products Chemicals Motor vehicles Equipement Directives applicable on 31. 12. 1997 4 84 32 47 Directives applicable on 31 december 1997 Directives for wich measures have been notified % B DK D EL E F IRL I L NL A P FIN S UK B DK D EL E F IRL I L NL A P FIN S UK B DK D EL E F IRL I L NL A P FIN S UK 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 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 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 72 82 71 77 76 75 74 75 81 82 75 71 83 83 79 86 98 85 92 90 89 88 89 96 98 89 85 99 99 94 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 30 32 30 31 32 27 32 32 32 32 31 32 32 32 30 94 100 94 97 100 84 100 100 100 100 97 100 100 100 94 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 43 43 42 44 44 45 43 43 44 43 43 43 42 45 43 91 91 89 94 94 96 91 91 94 91 91 91 89 96 91 201 201 201 201 201 201 201 201 201 201 201 201 201 201 201 201 190 190 195 188 191 192 190 189 185 188 190 191 190 192 189 95 95 97 94 95 96 95 94 92 94 95 95 95 96 94 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 93 101 97 100 96 98 92 95 94 97 99 98 99 99 91 91 99 95 98 94 96 90 93 92 95 97 96 97 97 89 Special regimes of free movement Liability for detective products Right to vote in elections to EP 3 1 3 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 3 3 1 2 3 1 3 3 1 3 3 1 2 2 1 1 2 1 2 1 1 2 2 1 2 2 1 2 2 0 1 2 1 2 1 1 2 1 1 2 3 1 2 1 1 3 1 1 2 1 1 3 2 1 3 2 67 67 33 67 67 67 67 33 33 100 33 33 33 67 67 1 100 100 100 100 100 0 100 100 100 100 100 100 100 100 100 2 50 100 100 100 100 50 100 100 100 100 100 100 100 100 100 Cosmetics Textiles Right of residence 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 26 33 31 31 31 29 32 31 33 33 31 27 31 33 33 79 100 94 94 94 88 97 94 100 100 94 82 94 100 100 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 5 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Qualifications 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 59 63 63 63 63 63 63 62 63 62 63 63 100 100 100 94 100 100 100 100 100 100 98 100 98 100 100 1 1 12 48 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 1 1 6 1 1 9 1 1 8 1 1 5 1 1 1 1 1 1 1 1 9 10 7 10 1 1 6 1 1 8 1 1 8 1 1 1 1 1 1 1 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 1 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 8 12 8 12 50 75 67 42 75 83 58 83 50 67 67 67 100 67 100 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 46 48 44 47 42 45 46 46 46 48 48 48 48 48 48 96 100 92 98 88 94 96 96 96 100 100 100 100 100 100 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 11 11 12 12 12 12 11 12 12 12 8 12 12 100 100 92 92 100 100 100 100 92 100 100 100 67 100 100 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 5 Public procurement 11 11 11 11 9 11 11 11 11 11 11 11 9 11 11 11 11 11 11 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 8 3 6 6 4 6 6 6 6 6 6 6 6 100 100 83 67 100 100 67 100 100 100 100 100 100 100 100 8 11 11 10 11 11 11 8 11 11 11 100 100 100 89 73 100 100 91 100 100 100 89 100 100 100 4 4 4 4 4 4 4 4 4 4 4 100 100 100 75 100 100 100 100 100 100 100 100 100 100 100 43 42 42 43 42 42 42 42 42 42 42 43 42 42 42 42 42 42 42 41 42 41 42 42 42 42 43 42 42 42 42 100 100 98 98 100 98 100 100 100 100 100 100 100 100 100 719 717 717 718 715 717 717 717 717 717 717 719 715 718 718 717 662 695 672 660 675 675 671 676 676 689 682 671 689 698 682 91 97 92 90 94 88 93 94 93 97 94 93 94 96 97 s r e i t n o r f t u o h t i w a e r A Commercial agents Broadcasting Telecommunications Financial services Company law Intellectual and industrial property Direct taxation Indirect taxation Total Area without frontiers C 2 5 0 / 1 8 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s 1 0. 8. 9 8 10. 8. 98 EN Official Journal of the European Communities C 250/189 0 0 1 0 0 1 2 9 0 0 1 0 0 1 0 0 1 2 9 2 9 0 0 1 2 9 3 8 2 9 0 0 1 0 0 1 2 9 2 1 2 1 1 1 2 1 2 1 2 1 1 1 1 1 2 1 1 1 0 1 1 1 2 1 2 1 1 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 0 0 1 0 0 1 0 0 1 5 7 0 0 1 0 0 1 5 7 5 7 0 0 1 0 0 1 8 8 0 5 0 0 1 0 0 1 8 8 8 8 8 6 8 8 6 6 8 8 7 4 8 8 7 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 7 0 0 1 4 9 6 9 8 9 4 9 6 8 0 9 0 0 1 2 9 8 9 0 9 6 9 8 9 2 9 0 4 2 5 5 4 4 4 0 5 9 4 4 4 7 4 9 4 8 4 0 5 7 4 0 5 0 5 8 4 1 5 2 5 8 4 6 4 1 5 2 5 1 5 2 5 9 4 2 5 1 5 2 5 2 5 1 5 2 5 2 5 8 9 8 9 8 9 5 9 3 9 9 9 6 9 3 9 7 9 5 9 7 9 6 9 4 9 8 9 6 9 6 7 3 4 7 3 5 7 3 2 6 3 6 5 3 8 7 3 8 6 3 5 5 3 1 7 3 3 6 3 3 7 3 7 6 3 9 5 3 5 7 3 9 6 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 6 9 7 9 6 9 7 9 7 9 9 9 8 9 7 9 8 9 6 9 9 9 7 9 6 9 9 9 7 8 3 3 1 3 3 1 2 3 1 8 3 1 1 3 1 7 3 1 6 3 1 5 3 1 6 3 1 3 3 1 2 4 1 0 4 1 3 3 1 9 3 1 1 2 1 9 3 1 7 3 1 7 3 1 3 4 1 5 3 1 9 3 1 9 3 1 9 3 1 9 3 1 9 3 1 3 4 1 4 4 1 9 3 1 1 4 1 9 3 1 4 4 1 3 7 5 9 5 9 1 7 2 8 6 7 4 8 9 6 4 6 8 7 4 8 3 7 0 8 4 8 9 6 6 3 2 4 2 4 5 3 0 4 7 3 1 4 4 3 8 2 8 3 7 3 2 3 9 3 7 3 4 3 9 4 4 4 4 4 9 4 9 4 9 4 9 4 9 4 4 4 9 4 4 4 4 4 9 4 4 4 9 4 0 0 1 0 9 9 8 5 9 0 0 1 0 0 1 4 8 0 7 0 9 0 8 0 9 5 9 5 9 5 9 5 7 0 2 8 1 6 1 9 1 0 2 0 2 6 1 4 1 8 1 6 1 8 1 9 1 0 2 9 1 5 1 0 2 0 2 8 1 0 2 0 2 0 2 9 1 0 2 0 2 0 2 0 2 0 2 1 2 0 2 0 2 0 5 0 0 1 0 5 0 0 1 0 0 1 0 0 1 0 0 1 0 0 0 5 0 5 0 5 0 0 1 0 0 1 0 0 1 1 2 1 2 2 2 2 0 0 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 9 4 2 2 2 7 , 4 9 3 , 7 9 3 , 6 9 5 , 3 9 3 , 4 9 4 , 6 9 2 , 4 9 5 , 2 9 1 , 4 9 6 , 3 9 1 , 5 9 8 , 2 9 6 , 3 9 0 , 7 9 8 , 1 9 8 0 3 1 9 3 3 1 9 1 3 1 9 8 2 1 1 0 3 1 2 3 3 1 0 0 3 1 8 7 2 1 3 9 2 1 3 9 2 1 3 1 3 1 1 8 2 1 5 9 2 1 7 3 3 1 9 6 2 1 1 8 3 1 6 7 3 1 0 7 3 1 8 7 3 1 9 7 3 1 2 8 3 1 0 8 3 1 2 8 3 1 4 7 3 1 2 8 3 1 0 8 3 1 0 8 3 1 4 8 3 1 8 7 3 1 2 8 3 1 1 9 3 1 s r e m u s n o C n o i t i t e p m o C y c i l o p l a i c o S e r u t l u c i r g A t n e m n o r i v n E t r o p s n a r T y g r e n E s c i t s i t a t S l a t o T K U S N I F P A L N L I L R I F E L E D K D B K U S N I F P A L N L I L R I F E L E D K D B K U S N I F P A L N L I L R I F E L E D K D B % d e i f i t o n n e e b e v a h s e r u s a e m h c i h w r o f s e v i t c e r i D 7 9 9 1 r e b m e c e d 1 3 n o e l b a c i l p p a s e v i t c e r i D s e v i t c e r i D e l b a c i l p p a n o 7 9 9 1. 2 1. 1 3 r o t c e S r e t p a h C C 250/190 EN Official Journal of the European Communities 10. 8. 98 ANNEX V JUDGMENTS OF THE COURT OF JUSTICE UP TO 31 DECEMBER 1997 NOT YET IMPLEMENTED BELGIUM Judgment given on 08/07/87, Case CÜ247/85 Wild birds Referral to the Court under Article 171(2) of the Treaty has been decided on. It is accompanied by a request for a periodic penalty payment. Judgment given on 27/09/88, Case CÜ42/87 Judgment given on 03/05/94, Case CÜ47/93 Discrimination education Article 171 proceedings are in motion. in public financing - non university further Judgment given on 19/02/91, Case CÜ375/89 Aid for Idealspun/Beaulieu The Belgian authorities have commenced proceedings in the national courts to recover the unlawful aid. Judgment was given on 20/09/94. The company has appealed against the substance and against enforcement. The proceedings are still in motion. Judgment given on 17/02/93, Case CÜ173/91 Equal treatment of men and women - discrimination based on age The Belgian authorities have transmitted a draft new CollectiveÜ Bargaining Agreement, which seems satisfactory; its publication is still awaited. Judgment given on 24/03/94, Case CÜ80/92 Free movement of wireless telephones Progress is being made. transposal of Judgment given on 02/05/96, Case CÜ133/94 Incomplete the assessment of the impact of certain public or private projects on the environment Article 171 proceedings are in motion. the Council Directive on Judgment given on 10/09/96, Case CÜ11/95 Incomplete transposal of Television without frontiers Directive legislative measures to The Commission has received draft implement the Court judgment; they are under scrutiny. Judgment given on 12/12/96, Case CÜ218/96 Failure to notify measures transposing the Council Directive on information required for technical files Article 171 proceedings have been commenced. The Belgian authorities have the Commission is now studying. legislation, which transmitted draft Judgment given on 12/12/96, Case CÜ220/96 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 Article 171 proceedings have been commenced. The Belgian authorities have the Commission is now studying. legislation, which transmitted draft transposing to notify measures Judgment given on 12/12/96, Case CÜ221/96 Failure 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 have been commenced. The Belgian authorities have the Commission is now studying. legislation, which transmitted draft Judgment given on 12/12/96, Case CÜ222/96 Failure to notify measures transposing the Council Directive on the classification, packaging and labelling of dangerous substances Article 171 proceedings have been commenced. A reply from the Belgian authorities is being studied by the Commission. Judgment given on 20/02/97, Case CÜ344/95 Conditions and arrangements for issuing residence permits Progress is being made. Judgment given on 20/02/97, Case CÜ135/96 Failure to notify measures transposing Directive 91/659/EEC amending Council Directive 76/769/EEC the marketing and use of certain dangerous substances and prepÜ arations The Commission has contacted the Belgian authorities to ascertain what measures are planned to comply with the Court’s judgment. restricting to notify measures Judgment given on 20/03/97, Case CÜ294/96 Failure 90/385/EEC on active implantable medical devices The Commission has contacted the Belgian authorities to ascertain what measures are planned to comply with the Court’s judgment. transposing Council Directive Judgment given on 29/05/97, Case CÜ313/96 Failure to notify measures transposing Directive 93/21/EEC amending Council Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances The Commission has contacted the Belgian authorities to ascertain what measures are planned to comply with the Court’s judgment. 10. 8. 98 EN Official Journal of the European Communities C 250/191 Judgment given on 29/05/97, Case CÜ356/96 Failure to notify measures transposing Directive 91/410/EEC amending Council Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances to The Commission has contacted ascertain what measures are planned to comply with the Court’s judgment. the Belgian authorities Judgment given on 29/05/97, Case CÜ357/96 Failure to notify measures transposing Directive 15/94/EC amending Council Directive 22/90/EEC on the deliberate release into the environment of genetically modified organisms Article 171 proceedings have been commenced. Judgment given on 29/05/97, Case CÜ358/96 Failure to notify measures transposing Commission Directive 93/90/EEC on the list of substances provided for in the fifth indent of Article 13(1) of Council Directive 67/548/EEC The Commission has contacted to ascertain what measures are planned to comply with the Court’s judgment. the Belgian authorities to notify measures Judgment given on 02/10/97, Case CÜ208/96 Failure transposing Council Directive 92/119/EEC introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease Recent judgment. Progress is being made. Judgment given on 11/12/97, Case CÜ190/97 Failure to notify measures transposing Directive 93/101/EEC amending Council Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances Recent judgment. Judgment given on 18/12/97, Case CÜ263/96 Failure to notify measures 89/106/EEC on construction products Recent judgment. transposing Council Directive Judgment given on 10/05/95, Case CÜ422/92 Waste disposal Article 171 proceedings have just been commenced. Judgment given on 12/12/96, Case CÜ297/95 Failure 91/271/EEC on treatment of urban waste water Progress is being made. to notify measures transposing Council Directive Judgment given on 12/12/96, Case CÜ298/95 Fish and shellfish waters Progress is being made. to notify measures Judgment given on 12/06/97, Case CÜ138/96 Failure transposing Council Directive 92/116/EEC amending and updating Directive 71/118/EEC on health problems affecting trade in fresh poultry meat Article 171 proceedings have been commenced. to notify measures Judgment given on 16/09/97, Case CÜ139/96 Failure the Commission implementing Directives laying down sheets indicating the conditions to be met by fruit plant propagating material (93/48/EEC), ornaÜ mental plants (93/49/EEC) and vegetable plants other than seeds (93/61/EEC), and the plants themselves, in order to conform with Council Directives 92/34/EEC, 91/682/EEC and 92/33/EEC The Commission has contacted the German authorities to ascertain what measures are planned to comply with the Court’s judgment. Judgment given on 13/11/97, Case CÜ236/96 Failure to notify measures transposing Commission Directive 93/86/EEC adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances The Commission has contacted the German authorities to ascertain what measures are planned to comply with the Court’s judgment. to notify measures Judgment given on 27/11/97, Case CÜ137/96 transposing Council Directive Failure 91/414/EEC on the placing of plant protection products on the market Recent judgment. GERMANY Judgment given on 20/09/90 BugÜAlutechnik - repayment of a grant A new action has been brought in the BundesverwaltungsÜ gericht. to notify measures Judgment given on 11/12/97, Case CÜ83/97 Failure transposing Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora Recent judgment. Judgment given on 17/10/91, Case CÜ58/89 Surface water, not properly implemented Following measures the Commission has partly withdrawn its Court action; for the remainder, progress is being made. the Member State, taken by to notify measures Judgment given on 16/12/97, Case CÜ341/96 transposing Council Directive Failure 93/36/EEC coordinating procedures for the award of public supply contracts Recent judgment. C 250/192 EN Official Journal of the European Communities 10. 8. 98 GREECE SPAIN Judgment given on 15/03/88, Case CÜ147/86 Judgment given on 30/01/92, Case CÜ328/90 Ban on opening a private school (Frontistirion); nationality discrimination Referral to the Court under Article 171(2) of the EC Treaty has been decided on. It is accompanied by a request for a periodic penalty payment. Judgment given on 08/11/90, Case CÜ53/88 Protection of workers - insolvency of employers Article 171 proceedings are in motion. Judgment given on 07/04/92, Case CÜ45/91 Village waste in Crete Referred to the Court under Article 171(2) of the EC Treaty. It is accompanied by a request for a periodic penalty payment. Judgment given on 23/03/95, Case CÜ365/93 Mutual recognition of qualifications - higher education Referral to the Court under Article 171(2) of the Treaty has been decided upon. It is accompanied by a request for a periodic penalty payment. Judgment given on 01/06/95, Case CÜ123/94 Nationality discrimination Article 171 proceedings are in motion. Judgment given on 06/07/95, Case CÜ259/94 Open network provision - leased lines Article 171 proceedings are in motion. Judgment given on 02/05/96, Case CÜ311/95 Failure to notify measures transposing the Council Directive on the coordination of procurement procedures for public service contracts Article 171 proceedings have been commenced and are motion. in Judgment given on 02/07/96, Case CÜ290/94 Access to employment - nationality discrimination The Commission is still studying the measures taken by the Greek authorities to implement the Court judgment. to notify measures Judgment given on 26/06/97, Case CÜ329/96 transposing Council Directive Failure 92/43/EEC on the conservation of natural habitats and wild fauna and flora Article 171 proceedings have been commenced. Judgment given on 02/08/93, Case CÜ355/90 Conservation of wild birds at Santoýa The work required to implement the Court judgment is in progress, in cooperation with the relevant Commission technical staff. Judgment given on 22/03/94, Case CÜ375/92 Restrictions on freedom to provide services as tourist guides Progress is being made in the various regions. Judgment given on 05/06/97, Case CÜ107/96 Failure to notify measures transposing Directive 91/156/EEC amending Council Directive 75/442/EEC on waste Article 171 proceedings have been commenced. Judgment given on 17/07/97, Case CÜ52/96 Transfer of pension rights The Commission has contacted the Spanish authorities to ascertain what measures are planned to comply with the Court’s judgment. Judgment given on 09/10/97, Case CÜ21/96 Radiological protection of patients subject to medical examÜ ination or treatment Recent proposed measures to implement the Court judgment. judgment. The Spanish authorities have already to notify measures Judgment given on 18/12/97, Case CÜ360/95 transposing Council Directive Failure 91/371/EEC on the application of the agreement between the EEC and the Swiss Confederation on direct insurance other than life assurance Recent judgment. to notify measures Judgment given on 18/12/97, Case CÜ361/95 Failure transposing Council Directive 92/49/EEC on direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC Recent judgment. FRANCE Judgment given on 27/04/88, Case CÜ252/85 Wild birds Article 171 proceedings are in motion. Judgment given on 22/10/97, Case CÜ375/95 Taxes on second hand cars Recent judgment. Judgment given on 12/12/90, Case CÜ263/88 Refusal to grant right of establishment and freedom to provide services in the overseas territories Article 171 proceedings are in motion. Judgment given on 27/11/97, Case CÜ62/96 Licensing and flag rights for fishing vessels and merchant ships Recent judgment. Judgment given on 26/02/91, Case CÜ154/89 Restrictions on freedom to provide services as tourist guides Progress is being made. 10. 8. 98 EN Official Journal of the European Communities C 250/193 to monitor compliance with Judgment given on 11/06/91, Case CÜ64/88 Fisheries - failure conservation measures Commission departments are making final checks and analysing the results of the inspection missions to ascertain whether the measures adopted are the Court judgment. implement sufficient technical to to notify measures Judgment given on 13/01/93, Case CÜ293/91 Failure 85/374/EEC on liability for defective products Legislative measures have been notified but not yet adopted. They still do not appear to be in conformity with Community law. transposing Council Directive Judgment given on 17/11/93, Case CÜ68/92 VAT on advertising services - double taxation Progress is being made. Judgment given on 13/03/97, Case CÜ197/96 Night work for women Article 171 proceedings have been commenced. to notify measures Judgment given on 29/05/97, Case CÜ282/96 Failure transposing Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances The Commission has contacted to ascertain what measures are planned to comply with the Court’s judgment. Article 171 proceedings have been commenced. the French authorities Judgment given on 29/05/97, Case CÜ283/96 Failure to notify measures transposing Commission Directive 93/86/EEC adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances The Commission has contacted to ascertain what measures are planned to comply with the Court’s judgment. Article 171 proceedings have been commenced. the French authorities Judgment given on 05/06/97, Case CÜ223/96 Failure to notify measures transposing Directive 91/156/EEC amending Council Directive 75/442/EEC on waste The Commission has contacted to ascertain what measures are planned to comply with the Court’s judgment. Article 171 proceedings have been commenced. the French authorities Judgment given on 09/12/97, Case CÜ265/95 Barriers to imports of Spanish strawberries Recent judgment. IRELAND Judgment given on 11/08/95, Case CÜ240/94 Electromagnetic compatibility Article 171 proceedings are in motion. Judgment given on 12/06/97, Case CÜ151/96 Merchant vessels - flag rights The Commission has contacted the Irish authorities to ascertain what measures are planned the Court’s judgment. to comply with ITALY Judgment given on 12/07/88, Case CÜ322/86 Judgment given on 09/03/94, Case CÜ291/93 Quality of fishing waters Article 171 proceedings are in motion. Judgment given on 26/02/91, Case CÜ180/89 Restrictions on freedom to provide services as tourist guides Progress is being made. Judgment given on 09/03/93, Case CÜ95/92 Radiation protection - medical examinations It has been decided to refer this matter to the Court under Article 171. It is accompanied by a request for a periodic penalty payment. Progress is being made. Legislative measures have been notified and are now under scrutiny at the Commission. Judgment given on 26/04/94, Case CÜ272/91 Public procurement - computerised lottery systems Progress is being made. The Commission is making final checks. Judgment given on 01/06/95, Case CÜ40/93 Admission to the profession of dentist Progress is being made. Judgment given on 29/02/96, Case CÜ307/94 Failure to notify measures transposing the Council Directive coordinating legislation relating to certain activities of pharÜ macists Progress is being made. Judgment given on 20/06/96, Case CÜ237/95 Failure to notify measures transposing the Council Directive on the prevention of atmospheric pollution from existing municipal waste incinerators Progress is being made. Judgment given on 11/07/96, Case CÜ303/95 Failure to notify measures transposing the Council Directive on certain dangerous batteries and accumulators substances Progress is being made. containing Judgment given on 12/12/96, Case CÜ302/95 Failure 91/271/EEC on treatment of urban waste water Article 171 proceedings are in motion. to notify measures transposing Council Directive C 250/194 EN Official Journal of the European Communities 10. 8. 98 to notify measures Judgment given on 23/01/97, Case CÜ314/95 Failure transposing Council Directive 74/63/EEC fixing maximum levels for undesirable substances and products in feedingstuffs, Council Directive 92/116/EEC amending and updating Directive 71/118/EEC on health problems affecting trade in fresh poultry meat, and Council Directive 92/117/EEC on protection measures against specified zoonoses Article 171 proceedings have been commenced. Judgment given on 02/07/96, Case CÜ473/93 Nationality discrimination - access to employment for nurses in public hospitals, for teachers in public education, for public servants in the field of civilian research, surface transport, posts and telecommunications, and the distribution of water, gas and electricity Article 171 proceedings have been commenced. to notify measures Judgment given on 17/07/97, Case CÜ43/97 Failure transposing Council Directive 93/36/EEC coordinating procedures for the award of public supply contracts The Commission has contacted to ascertain what measures are planned to comply with the Court’s judgment. the Italian authorities Judgment given on 16/09/97, Case CÜ279/94 Ban on use of asbestos to The Commission has contacted ascertain what measures are planned to comply with the Court’s judgment. the Italian authorities Judgment given on 04/12/97, Case CÜ207/96 Night work for women Recent judgment. Judgment given on 04/12/97, Case CÜ225/96 Incorrect application of Directive 79/923/EEC on shellfish waters Recent judgment. to notify measures Judgment given on 16/12/97, Case CÜ316/96 Failure transposing Council Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases, Council Directive 93/113/EEC on the use and marketing of enzymes, and Council Directive 93/114/EEC amending Directive 70/524/EEC on additives in feedingstuffs Recent judgment. LUXEMBOURG Judgment given on 15/06/95, Case CÜ220/94 Open network provision - leased lines Article 171 proceedings are in motion. THE NETHERLANDS Judgment given on 14/07/94, Case CÜ61/93 Electronic kw/h meters Progress is being made. UNITED KINGDOM Judgment given on 18/02/92, Case CÜ30/90 Patent licences The difficulty has been resolved in practice. The legislative process has almost been completed. Judgment given on 14/07/93, Case CÜ56/90 Bathing water quality: Blackpool and Southport Commission departments are making final checks, and the forward a local authorities will be putting Blackpool cleaning up plan, which will be scrutinised. Judgment given on 08/06/94, Case CÜ382/92 Transfers of undertakings Article 171 proceedings have been commenced. The British authorities have announced their intention of amending the legislation in agreement with the two sides of industry. Judgment given on 08/06/94, Case CÜ383/92 Collective redundancies Article 171 proceedings have been commenced. The British authorities have announced their intention of amending the legislation in agreement with the two sides of industry. 10. 8. 98 EN Official Journal of the European Communities C 250/195 ANNEX VI APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS 1. Application of Article 177 of the EC Treaty Cases were referred by courts in all Member States. In 1997 the Court of Justice of the European Communities received requests for preliminary rulings in cases where diffiÜ culties arose in the interpretation of Community law or where there were doubts as to the validity of Community instruments. In 1997, preliminary rulings accounted for about 47Ø% of the total of 443 cases brought before the Court (111 cases being removed from the Register). 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 yearsØ(˛). 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 1997 Number of references per Member State Year 1990 1991 1992 1993 1994 1995 1996 1997 25 18 22 4 9 4 12 1 - 17 2 13 18 1 15 24 1 43 1 12 46 2 13 1 24 34 50 62 57 44 2 21 3 24 1 15 3 22 17 17 16 22 6 5 2 4 2 2 5 3 1 7 7 1 36 19 13 4 5 - 10 58 70 3 - 19 2 20 2 51 - 5 43 6 14 10 8 10 2 21 6 66 3 6 24 4 30 6 4 4 50 1 24 3 18 35 46 6 2 10 7 19 9 7 2 Member StateØ(˛) Italy Ireland Netherlands Luxembourg United Kingdom Austria Germany Finland Portugal France Sweden Belgium Spain Denmark Greece Italy Ireland Netherlands Luxembourg United Kingdom Austria Germany Finland Portugal France Sweden Belgium Spain Denmark Greece 2 (-) 11 1 4 19 12 1 1 5 2 6 5 1 (-) Origin of references by Supreme Courts Italy Corte Suprema di Cassazione Total 142 186 162 204 203 251 256 239 Netherlands (˛) 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 L 1, 1. 1. 1995, p. 220). Raad van State Hoge Raad Centrale Raad van Beroep College van Beroep voor het Bedrijfsleven The massive growth requested by Austrian courts is particularly striking. in the number of preliminary rulings Luxembourg Cour Sup~rieure de Justice United Kingdom House of Lords Court of Appeal Austria Germany Oberster Gerichtshof Bundesvergabeamt Verwaltungsgerichtshof Bundesgerichtshof Bundesverwaltungsgericht Bundesfinanzhof Bundessozialgericht (˛) The 1995 Report was published in OJ C 332 of 3. 11. 1997, p. 198. Finland Korkein hallinto oikeus 2 4 4 2 1 1 1 3 7 3 9 5 2 4 1 1 C 250/196 EN Official Journal of the European Communities 10. 8. 98 Portugal France Sweden Belgium Supremo Tribunal Administrativo Cour de Cassation Conseil d’^tat Regeringsr…tten Cour de Cassation/Hof van Cassatie Cour d’Arbitrage/Arbitragehof Conseil d’^tat/Raad van State Spain Tribunal Superior de Justicia Denmark HÀjesteret 1 2 3 2 4 1 1 5 1 administrative measure taken on the basis of a Community regulation or decision? 3. Were there any decisions that were noteworthy as setting good or bad examples? 4. Were there any decisions that applied the rulings given in FrancovichØ(—) or in Brasserie de Pðcheur and Factortame III?Ø(Ñ) 2. Significant judgments of national courts of final instance 2. 1. Introduction Q ue st i on 1 Analysis of the judgments outlined below shows that national supreme 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 identify cases where possible, by consulting databases, 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 judgments delivered each year by the national supreme of courts. Each year, some 1Ø200 judgments relating to Community law come to the attention of the Research and Documentation Department. to 2. 2. The research Research was carried out on the following questions in relation to decisions given or reported for the first time in 1997: 1. Were there cases where decisions against which there was no appeal were taken without a reference for a preliminary ruling even though they turned on a point of Community law whose interpretation was less than perfectly obvious? Were there any other decisions regarding preliminary rulings that merit attention? 2. Were there cases where courts, contrary to the rule in Case 314/85 FotoÜFrostØ(˛), declared an act of a Community instiÜ tution to be invalid? To what extent did national courts, applying the principles in Joined Cases 143/88 and 92/89 Zuckerfabrik SüderÜ implementation of a national dithmarschenØ(ˇ), stay the (˛) [1987ü ECR 4199. (ˇ) [1991ü ECR 1Ü534. On 30 December 1996, in a judgment given without reference to the Court of JusticeØ(Ò), the Dutch Centrale Raad van Beroep upheld the Dutch authorities’ refusal to pay invalidity benefits to the daughter of a migrant worker unable to work, on the ground that she did not meet the residence requirement in the Netherlands. The family had resided in the Netherlands but had moved to Belgium, though the father remained covered by the Dutch social security scheme. The Centrale Raad van Beroep, referring to the judgment of the Court of Justice in Case CÜ308/93 CabanisÜIssarteØ(Ó), considered the question whether in the circumstances of the case the daughter should be considered as insured in the Netherlands as a member of the family of the migrant worker, who was a Community national, for the purposes of Council Regulation (EEC) No 1408/71 of 14 June 1971Ø(Ô). In its judgment, which related to retirement pensions, the Court of Justice held that it would be contrary to both the purpose and the spirit of the Regulation to deprive the spouse or survivors of a migrant worker of the benefit of the non discrimination principle in the payment of old age benefits to which they would have been entitled, on an equal footing with nationals, if they had remained in the host stateØ(Õ). The Centrale Raad van Beroep held that it was unlikely that a judgment of the Court of Justice would have any impact on the outcome of the case. Again in the Netherlands, the Hoge Raad considered the question whether the fact that the Commission had not been notified of certain rules on equipment to be used for testing alcohol, which were technical standards within the meaning of Directive 83/189, was to be taken into account when sentence was passed for an offence. It held that it was not so, since in neither of the two possible situations - the accused refused to submit to checks or agreed to do so - was he required to (—) Joined Cases CÜ6/90 and CÜ9/90 [1996ü ECR IÜ5357. (Ñ) Joined Cases CÜ46/93 and CÜ48/93 [1996ü ECR IÜ1029. (Ò) Centrale Raad van Beroep, Bestuur van de Nieuwe Algemene Bedrijfsvereniging v N. M. [1997ü AB 181. (Ó) Case CÜ308/93 [1996ü ECR IÜ2097. (Ô) Regulation on the application of social security schemes to employed persons and their families moving within the Community, OJ L 149, 5. 7. 1971, p. 2. (Õ) Paragraph 30, judgment given on 30 April 1996, CabanisÜIssarte. 10. 8. 98 EN Official Journal of the European Communities C 250/197 comply with the rules in question. The Hoge Raad’s view was that the obligation of a suspect to submit to checks flowed directly from the Dutch road traffic legislationØ(˛). It is worth noting that Ayse Süzen was also followed by the United Kingdom Court of Appeal in its judgment in Betts v Brintel Helicopters Ltd, considered below under question 3. (Supreme Court) gave a On 15 April 1997, in a case turning on the application of ReguÜ lation (EEC) No 1408/71 and the provisions of the Treaty relating to free movement of persons in general, the Austrian Oberster Gerichtshof judgment dismissing an application from a worker with Austrian nationality, who received German invalidity benefit following an industrial accident in Germany in 1968, for an invalidity pension in AustriaØ(ˇ). The Court took note that the Regulation had had effect in Austria from 1 January 1994 without retrospective effect and held that neither it nor the provisions of the Treaty relating to free movement of persons could apply to events occurring before that date. It accordingly held that the applicant was not covered by the relevant provisions of Community law and declined to refer a question for a preliminary ruling as the decision on the case did not depend on Community law. In Germany (Constitutional the Bundesverfassungsgericht Court), in a constitutional action for annulment of a judgment of the Landesarbeitsgericht Hamm dismissing the applicant’s appeal against his dismissal, gave a preliminary decision on 13 June 1997 refusing to accept the actionØ(—). The Court declared that the Landesarbeitsgericht had deliberately refused to apply the interpretation of the concept of transfer of undertaking (Article 1(1) of Directive 77/187/EECØ(Ñ)) given by the Court of Justice in Case CÜ392/92 Christel SchmidtØ(Ò), and pleaded by the applicant. It dismissed as unfounded the Labour Court’s reasoning that it was under no duty to follow the Court of Justice’s interpretation since no grounds had been given for it. It held that a national court of last instance cannot depart from an interpretation given by the Court of Justice and must, in the event of doubt, refer a fresh question for preliminary ruling. However, it refused to accept the constitutional action as, following the judgment given by the Court of Justice in Case CÜ13/95 Ayse SüzenØ(Ó), which clarified the concept of transfer of undertakings as interpreted in Christel Schmidt, the applicant could no longer win the case. If the action was referred back to the Landesarbeitsgericht, that court would have to follow the new decision of the Court of Justice and dismiss the applicant’s action. in Germany, Still the Bundesverwaltungsgericht gave a judgment on 28 January 1997 on the question of the stage in national proceedings at which a question should properly be referred to the Court of Justice for a preliminary rulingØ(Ô). On an appeal from a judgment of the Hamburg OberverwaltungsÜ gericht ordering a Turkish national to be expelled, the BundesÜ verwaltungsgericht held that in the instant case the conditions imposed by German law for an expulsion order were satisfied as the applicant’s offences against the Narcotics Act warranted expulsion as a general preventive measure. But the Court went on to consider whether Articles 6(1) and 7 of Decision No 1/80 the EECÜTurkey Association Council militated against of expulsion as a general preventive measure and decided that it could not answer that question without an interpretation of the Decision from the Court of Justice. Since, however, a reference could not be made if the preliminary ruling was not proved to be relevant to the decision to be given by the national court, and since it had not been shown that the applicant was active on the normal labour market within the meaning of Decision 1/80, the Court annulled the judgment of the Oberverwaltungsgericht and referred the case back to it for retrial, possibly involving a reference to the Court of JusticeØ(Õ). In a case concerning the compatibility of the rules in French legislation governing the eligibility and disqualification of Members of the European Parliament with the Act concerning the election of representatives of the European Parliament annexed to the Council Decision of 20 September 1976, the French Conseil d’^tat, upholding the Government Commissioner, held that there was no need to refer a question to the Court of Justice for a preliminary rulingØ(Ö). Its reasoning was that the Act clearly provided that the electoral procedure for representatives to the European Parliament was in all material respects within the jurisdiction of the Member States and that it was for them to determine whether their representatives were disqualified for ineligibility. the submissions of On 7 November 1997 the Finnish Korkein hallinto oikeus (Supreme Administrative Court), without reference to the Court of Justice, held in a case (2942/1/96) concerning public access (˛) Judgment given on 15 November 1997 [1998ü AB Rechtspraak Bestuursrecht 49, p. 237. (ˇ) 10 Ob S2334/96z. (—) 1 BvR 2102/95 [1997ü Europ…ische Zeitschrift für Wirtschaftsrecht, 575, [1997ü Zeitschrift für Wirtschaftsrecht 1801. (Ñ) Council Directive of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses: OJ L 61, p. 26. (Ò) [1994ü ECR IÜ1311. (Ó) [1997ü ECR IÜ1259. (Ô) 1 C 17/94 [1997ü Neue Zeitschrift für Verwaltungsrecht, 1119. (Õ) On 1 October 1997 the Court of Justice received a reference for a preliminary ruling on the interpretation of Decision No 1/80 of the EECÜTurkey Association Council from the Ansbach VerwaltungsÜ gericht in relation to expulsion as a general preventive measure: Case CÜ340/97, OJ C 357, p. 19 (pending). (Ö) Judgment given on 8 January 1997, Tapie [1997ü Actualit~ Juridique Droit Administratif 259, noted by JÜH Stahl; [1997ü Europe, Act. 100; [1997ü Receuil Dalloz, Jur. 295; [1997ü Revue franêaise de droit administratif 438; [1997ü Droit administratif 58; [1997ü Gazette du Palais 271Ü273 II pan. , 135Ü136. C 250/198 EN Official Journal of the European Communities 10. 8. 98 to documents transmitted to the European Commission in a competition proceeding that Finnish law applied to access to such documents where they were in the possession of the national authorities (National Competition Office). By Article 10 of the Constitution, documents in the possession of the national authorities are public unless publicity is restricted by statute on grounds of overriding considerations. Applying section 9(2) of the Official Documents (Public Access) Act and section 1(1)(2)(a) of the legislative Decree allowing certain exceptions, the Court nevertheless withheld access as it would be prejudicial to sound international cooperation. The decision was taken by majority vote. A minority of the judges would have applied Article 20 of Council Regulation No 17, which requires the Commission and other competent authorities to refrain from divulging information gathered in applying that Regulation where they are by their nature covered by the obliÜ gation of professional secrecy. and to secure compliance in Germany with the unassailable standard of fundamental rights provided for by the Basic Law. The Verwaltungsgericht held that the material provisions of Regulation No 404/93 violated the unassailable standard of fundamental rights provided for by the Basic Law and that the Court of Justice had not protected the applicants’ fundamental rights in the preliminary ruling proceeding, with the conseÜ quence secure the Bundesverfassungsgericht compliance and declare the provisions inapplicable in Germany. should that Q ue st i on 3 Question 2 Here mention should be made of the Order made by the Frankfurt Verwaltungsgericht on 24 October 1996Ø(˛). The Court referred to the Bundesverfassungsgericht a question for a preliminary ruling as to the conformity of Articles 17 to 19 and 21(2) of Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananasØ(ˇ) with certain provisions of the Basic Law, even though the Court of Justice had earlier given a preliminary ruling in Case CÜ466/93 Atlanta Fruchthandelsgesellschaft and othersØ(—) (reference by the Frankfurt Verwaltungsgericht in connection with the same case) to the effect that the provisions were valid in terms of Community law. The Verwaltungsgericht held that these provisions could not be applied in Germany as they violated the applicants’ individual rights as secured by Articles 3(2) (equality), 12(1) (freedom to engage in an occupation) and 14(1) (property rights) of the Basic Law. As grounds for the admissibility of its reference the Verwaltungsgericht adduced decisions of the BundesverfasÜ sungsgericht, and particularly judgment of 12 October 1993Ø(Ñ), holding that it alone had jurisdiction to review the applicability of Community secondary legislation in Germany by virtue of a cooperation relationship with the Court of Justice its (˛) 1E 798/95 (V) and 1E 2949/93 (V) [1997ü Europ…ische Zeitschrift für Wirtschaftsrecht, p. 182. (ˇ) OJ L 47, p. 1. (—) [1995ü ECR IÜ3799, judgment given on 9 November 1995. The Court had already rejected an action by Germany to have the Regulation declared invalid (Case CÜ280/93 Germany v Council [1994ü IÜ4973, judgment given on 5 October 1994). (Ñ) 2 BvR 2134/92 and 2 BvR 2159/93 (the Maastricht cases), confirming that the statute ratifying the Treaty on European Union was compatible with the Basic Law subject to certain conditions for the validity of Union legislative instruments in Germany: [1993ü Neue Juristische Wochenschrift, 3047/3058. In a judgment given on 26 June 1997 the Austrian VerfassungsÜ gerichtshof held that, by failing to discharge its duty to seek a preliminary ruling from the Court of Justice pursuant to the third paragraph of Article 177 of the EC Treaty, the BundesverÜ gabeamt (federal authority with review jurisdiction in public procurement matters) had acted contrary to the principle that nobody may be deprived of access to proper justiceØ(Ò). The interpretation of Article 2(1)(a) and (b) and (6) of Council Directive 89/665/EEC of 21 December 1985Ø(Ó), arose in interÜ locutory proceedings before the question being whether the award and conclusion of a contract severable actions, following an attackable either separately or in aggregate; the VerfassungsgerÜ ichtshof held two tier protection it was for the Court of Justice alone, which had already ruled on the relevant provisions, which meant that a preliminary ruling should have been sought. the Community system of the Bundesvergabeamt, the question, tender are invitation interpret that to to in subject ruling was Still in Austria, the Oberster Gerichtshof made an Order on 9 December 1997 in a case turning on the question whether the decision whereby a court of originating jurisdiction stayed proceedings and referred a question to the Court of Justice for redress a preliminary proceduresØ(Ô). After considering the decisions of the Court of JusticeØ(Õ), existing decisions of the Austrian and German courts and academic writings, the Court held that a reference Order could not be set aside by a national court since, for one thing, the Court of Justice had exclusive jurisdiction to consider the admissibility of a reference for a preliminary ruling and, for another, while decisions staying proceedings in constitutional review actions before the Constitutional Court were not reviewable, references for preliminary rulings were. Moreover, to national (Ò) Case B 3486/96. (Ó) On the coordination of the laws, regulations and administrative provisions on the application of review procedures to the award of public supply and public works contracts: OJ L 395, p. 33. (Ô) Case 16 Ok 9/96. See also the decision by the Vienna OberlandesÜ gericht to seek a preliminary ruling in the principal action (26b Kt 630/95/82; Case CÜ7/97, OJ C 74, p. 15 (pending)). (Õ) Case 146/73, Rheinmühlen II [1974ü ECR 139 (judgment given on 12 February 1974). 10. 8. 98 EN Official Journal of the European Communities C 250/199 the parties to the principal action, being unable to oblige the court to seek a preliminary ruling, were not entitled to have a decision seeking such a ruling set aside by means of purely national procedures. The judgment given on 26 June 1997 by the VerfassungsgeÜ richtshofØ(˛) concerns access to university education for Austrian nationals who have been awarded a secondary school leaving certificate in another Member State. The applicant, an Austrian national, was refused admission to study veterinary medicine at Vienna University on the basis of the general certificate of matriculation issued to her in Germany in 1995 on the grounds that she had not received a university admission certificate issued by a competent German authority that would have entitled her to follow university studies in Germany, as required by section 7(1)(b) of the Austrian University Education Act (Allgemeines Hochschulstudiengesetz, AHStG). The Court held that this did not violate the principle of equality enshrined in law. The restrictions on university Austrian constitutional admission were intention of legislative preventing or containing a massive influx of persons who had obtained their secondary school leaving certificate in another country but did not meet the specific conditions for admission imposed there and therefore sought admission in Austria. Although the decision might generate injustice in relation to Austrian nationals residing temporarily in another Member State, the Verfassungsgerichtshof found that the nationality criterion was not mentioned in section 7(1)(b) of the Act and held that the section did not violate the CommunityÜlaw principle of non discrimination since its purpose was precisely to treat all holders of foreign certificates in the same way as in the country of issuance of the certificate, irrespective of nationality. justified by the Regarding interlocutory proceedings, the Oberster Gerichtshof held that, where a question of interpretation of Community law arose in such proceedings and the same question arose at the same time in another case and was referred to the Court of Justice, it was not possible to stay the interlocutory proceedings pending the ruling from the Court of Justice. Such a stay was not compatible with interlocutory proceedings and would in any case not be appropriate until the mandatory effect erga omnes of the decision to seek the preliminary ruling was establishedØ(ˇ). the very purpose of Although Directive 77/187/EECØ(—) has been transposed only in part in Austria and precise transposal provisions have not been enacted, a judgment of the Oberster Gerichtshof given on 23 May 1997Ø(Ñ), referring to the judgment of the Court of Justice and CÜ139/91 in KatsikasØ(Ò), upheld the right of a worker, being a delegate to the Works Council, to oppose the transfer of his employment relationship to the acquirer of a business. Joined Cases CÜ132/91, CÜ138/91 (˛) Case B 877/96. (ˇ) OGH 14 January 1997, 4 Ob 2386/96b and 4 Ob 2391/96p. (—) Case CÜ308/93 [1996ü ECR IÜ2097. (Ñ) 8 Ob A 105/97t. (Ò) [1992ü ECR IÜ6577, judgment given on 16 December 1992. is a judgment given by in Austria although, after working in Germany. The applicant pleaded Also noteworthy the Oberster Gerichtshof on 11 February 1997Ø(Ó), on an application from an employed person suffering from incapacity for work for an in invalidity pension invalidity Germany for fifteen years, she was receiving an pension the bilateral agreement between Austria and Germany and Council ReguÜ lation (EEC) No 1408/71 in support of her argument that her entitlement should be determined on the basis of the more generous provisions and that her period worked in Germany should be reckoned for the purposes of pension entitlements in Austria. The Court held that there was no such obligation under the bilateral agreement or under the Regulation and concluded that, in the absence of relevant provisions in the substantive social law of the Community, Austrian law should be applied. In a judgment given on 25 September 1997Ø(Ô) the VerwaltungsÜ gerichtshof acknowledged the direct effect of Article 10 of Council Directive 69/335/EEC concerning indirect taxes on the raising of capitalØ(Õ). Referring to a Court of Justice decisionØ(Ö), it declared that administrative decisions imposing duties for the registration of capital increases of limited companies in the companies register were unlawful. It felt no need to seek a preliminary ruling as in the circumstances of the case there was no doubt how Community law should be appliedØ(˛˝). In the United Kingdom, just a fortnight after the Court of Justice gave judgment in SüzenØ(˛˛) on 11 March 1997, the influence of the judgment was felt in the Court of Appeal’s judgment in Betts v Brintel Helicopters LtdØ(˛ˇ). The applicants were employed by Brintel, which supplied Shell with helicopter services. When the contracts for services between the two firms expired, new contracts for the area in which the applicants were working were awarded to KLM, which did not take over the existing staff and equipment and operated from a different heliport. The High Court made a declaration that the applicants had become employees of KLM as the Brintel activities on the heliport it used constituted an undertaking for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981 and there had been a transfer of an underÜ taking since KLM was now providing the same services or activities. The Court of Appeal gave its judgment after the Court of Justice had given judgment in Süzen and allowed KLM’s appeal. The Court of Appeal held that Süzen constitutes a shift of emphasis, or at the very least a clarification of the activity although law, sector of and held that the (Ó) 10 Obs 19/97k. (Ô) Cases 97/16/0050, 0061. (Õ) OJ L 249; as amended by Directive 85/503/EEC of 10 June 1985, OJ L 156, p. 23. (Ö) Joined Cases CÜ71/91 and CÜ178/91 Ponente Carni [1993ü ECR IÜ1915. (˛˝) Judgment of the Court of Justice in Case CÜ283/81 CILFIT [1982ü ECR 3415, judgment given on 6 October 1982. (˛˛) Case CÜ13/95 [1997ü ECR IÜ1259. (˛ˇ) Court of Appeal (Civil Division), Betts and others v Brintel HeliÜ copters Ltd and another [1997ü ICR 792. C 250/200 EN Official Journal of the European Communities 10. 8. 98 constituted an undertaking or a business entity, the staff were not the only asset and that the assignor had retained the bulk of the assets so that the undertaking could not be considered to have been transferred in such a manner as to keep its identity when in the hands of the new proprietor. The English courts must therefore settle the conflict without a preliminary ruling from the Court of Justice. The House of Lords held that full regard should be had to decisions of the Court of Justice interpreting the Conventions when the statute fell to be interpreted by the English courts even though the Court of Justice had declined to give a preliminary ruling. teachers’ union In another transfer of undertakings case - National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and othersØ(˛) - the Court of Appeal considered the cases on the direct effect of directives. Three teachers had been made redundant following the closure of the voluntary aided school where they taught. They were not re engaged by the governing body of the new school, which was also a voluntary aided school. The filed complaints for failure to undertake proper consultations in the event of transfer of an undertaking, and the three teachers filed a complaint for unfair dismissal; the Industrial Tribunal decided that the schools were not in the nature of a commercial venture for the purposes of section 2(1) of the 1981 Regulations, which were accordingly not applicable, and since the Board of Governors of a voluntary aided school was not a state authority the applicants could not rely on the direct applicability of body. The Directive Employment Appeal Tribunal dismissed the applicants’ appeal. The Court of Appeal allowed their further appeal, holding that, where a school acquired voluntary aided status and became effectively part of the state system, the Board of Governors was a public authority responsible for providing a public service and was subject to the regulatory powers exercised by the local education authority; this made it a state authority for the purposes of Directive 77/187/EEC. 77/187/EECØ(ˇ) against such a Still in the United Kingdom, the House of Lords followed Court of Justice precedents in Kleinwort Benson v Glasgow City CouncilØ(—). The applicant bank had started an action in England for the repayment of sums paid to Glasgow City pursuant to a contract subsequently rescinded. A statute broadly taking over the solutions adopted in the Brussels Convention governs conflicts of jurisdiction between the courts of England and Scotland. Glasgow City considered that the Scottish courts had jurisdiction, and the Court of Appeal sought preliminary rulings on the interpretation of the statute from the Court of Justice (Case CÜ346/93) to determine restitution actions in the context of the Brussels Convention. The Court of Justice declared that the reference was inadmissible as the Brussels Convention itself was not applicable in the circumstances of the case, even if conflicts of jurisdiction between the English and it. Scottish courts were governed by inspired by rules (˛) [1997ü ICR 334. (ˇ) Case CÜ308/93 [1996ü ECR IÜ2097. (—) [1997ü 3WLR 923. into German In Germany the Bundesverfassungsgericht, by Order made on 22 January 1996Ø(Ñ), dismissed a constitutional action against transposal of two Community directives without considering the points of Community law raised by the parties. It held that section 3(1) of the Tobacco Products (Labelling) Regulation, which transposed law Article 4 of Directive 89/662/EEC, as amended by Directive 92/41/EECØ(Ò), violated neither the principles of freedom of opinion and freedom to engage in an occupation nor any other of the fundamental rights secured by the Basic Law. The Court held that the ReguÜ lation had a legal basis independent of Community law in section 21(1) of the Foodstuffs and Basic Necessities Act (LebensmittelÜ und Bedarfsgegenst…ndegesetz), it was accordingly part of German competition law and that as a result questions of Community law, notably those relating to the direct effect of directives in domestic law and the applicants’ right to have them reviewed by the Court of Justice, were not relevant to its decision. that the Bundesarbeitsgericht gave a On 20 November 1997 judgment accepting the applicant’s claim that as a professional ice hockey player he was entitled to compensation for loss sustained when the club that employed him applied the rules governing transfers adopted by the German federationØ(Ó). The transfer being between two German clubs, the Court decided on the basis of German law alone that the transfer rules were an unlawful restraint of freedom to engage in an occupation (Article 12(1) of the Basic Law). Moreover, referring to the Court of Justice’s decision in BosmanØ(Ô) that Article 48 of the the recruitment of a EC Treaty precluded rules making professional sportsman by a club in another Member State dependent on payment of a transfer fee to the club of origin, it held that the interpretation placed on Article 48 by the Court of Justice was founded on the same values as applied to the interÜ pretation of Article 12 of the Basic Law. (Ñ) 2 BvR 1915/91: 95 Entscheidungen des Bundesverfassungsgerichts 173; [1997ü Europarecht 162; [1997ü Europ…ische GrundrechteÜ Zeitschrift 205; [1997ü Europ…ische Zeitschrift für Wirtschaftsrecht, p. 734. (Ò) Council Directive 92/41/EEC of 15 May 1992 amending Directive 89/622/EEC of 13 December 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products, OJ L 158, p. 30. (Ó) 5 AZR 518/95 [1997ü Neue Zeitschrift für Arbeitsrecht, p. 647. (Ô) Case CÜ415/93 [1995ü ECR IÜ4921. 10. 8. 98 EN Official Journal of the European Communities C 250/201 In Spain the Sala Primera de lo Civil at the Tribunal Supremo gave judgment on 5 July 1997Ø(˛) acknowledging the direct horizontal effect of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contractsØ(ˇ), having earlier implicitly acknowledged such effect. All the cases concerned jurisdiction clauses in standard form contracts. decision since, in accordance with national administrative rules, there was no basis for review in a statute or regulationØ(Ö). Successive appeals brought the case up to the Supreme AdminisÜ trative Court, which, referring to Court of Justice casesØ(˛˝) and to Article 6 of the European Human Rights Convention (protection of the relevant rights is a full part of Community law), held that Community law prevails over national law and that national to complain of an administrative decision in a national court, as that right flowed directly from Community law. law cannot confine an applicant’s right In Denmark, where the Supreme Court had declared on 12 August 1996 that an action brought against the Prime Minister by eleven Danish citizens, supported by 777 interveners, concerning the Maastricht Treaty was admissibleØ(—), the ˘stre Landsret, acting as a court of first instance, gave judgment on 27 June 1997 dismissing the application on the substanceØ(Ñ). The applicants contested the constitutionality of Denmark’s ratification of the Maastricht Treaty. Article 20(1) of the Constitution provides that "the powers conferred on the authÜ orities of the Kingdom by this Constitution may be transferred by statute, and within specified limits, to international authÜ orities established by reciprocal agreements with other States with a view to promoting international cooperation and the international the transfer of powers effected by the Maastricht Treaty was indeÜ terminate and that the transfer was accordingly incompatible with Article 20. The applicants have brought an action to have the judgment annulled in the Supreme Court, which is expected to give judgment in spring 1998. legal order’. The applicants argued that Sweden’s Regarding the recognition of the supremacy of Community law over national law, the judgment given on 25 November 1997 by the Regeringsr…tten, Supreme Administrative CourtØ(Ò), put an end to certain doubts as to the relationship between national law and Community lawØ(Ó). The judgment recognises the possibility for citizens to seek redress in the administrative courts against individual decisions affecting civil rights and dutiesØ(Ô). Lassag¿rd contested the national authÜ orities’ refusal to pay an agricultural aid provided for by Commission Regulation laying down detailed rules for applying the integrated administration and control system for certain Community aid schemesØ(Õ). The authority - the Jordbruksverket - rejected the company’s application and stated that there was no appeal against its (EEC) No 3887/92 (˛) Ediciones Oc~ano Exito SA v Antonia C. S. [1997ü Repertorio Aranzadi de Jurisprudencia 6151. (ˇ) OJ L 95, p. 29. (—) [1996ü Ugeskrift for Retsv»sen, p. 1302, mentioned in the fourteenth report (1996). (Ñ) 3. Afd No BÜ2131 96. (Ò) Case 219/97, Lassag¿rd. (Ó) The uncertainties from acknowledge the availability of decisions unless provided for by national law or regulation. the Swedish courts’ refusal to judicial review of administrative flowed (Ô) Cf. Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. (Õ) OJ L 391, p. 36. In a plenary judgment the French Conseil d’^tat acknowledged that, where the time allowed for transposal of a directive has elapsed, the authorities must disapply provisions of national law that conflict with it, whatever their status and whatever the source of incompatibilityØ(˛˛). This was a tax case, and the applicant firm’s business was subject to VAT as defined by section 256 of the General Tax Code, conforming to the sixth directiveØ(˛ˇ). The Directive required the Member States to exempt the relevant business but the Code contained no provision doing so. The interesting point about the case was that national legislation did not contain the provisions required by the Directive, rather than containing provisions in conflict with it. The Conseil d’^tat held that the sections of the General Tax Code whereby insurance brokerage remained subject to VAT were not in conformity with the purpose of the sixth directive, that they should be disapplied in tax should the accordingly be cancelled for want of a it did so without requiring the applicant to have pleaded incompatiÜ bility with the directive of the national transposal measure that intervenes between the directive and the individual decisionØ(˛—). to legal basis; instant case and the assessment that (Ö) Cf. Section 14(1) of the Administrative Tribunals Act (Lagen om allm…nna f‰rvaltningsdomstolar), No 1971:289. (˛˝) In particular Case CÜ97/91, Oleifici Borelli SpA v European Commission [1992ü ECR IÜ6313. (˛˛) SA Cabinet Revðt et Badelon [1996ü AJDA 1044 (judgment given on 30 October 1996). (˛ˇ) Council Directive 77/388/EEC of 17 May 1977 on the harmonÜ isation of the laws of the Member States relating to turnover taxes, OJ L 145, p. 1. (˛—) This decision has been analysed by some commentators as acknowlÜ edging the direct substitution effect of directives, meaning that an individual can seek to have rights conferred by the directive enforced if the directive is not transposed or not properly transposed when the time allowed for transposal has elapsed, even though there are no national measures implementing the directive. For the contrary argument, see Tribunal Administratif, Dijon, SARL St~ nouvelle des Laboratoires Eurotonic [1997ü DF 26, Comm. 746 (judgment given on 26 November 1996) [1997ü Europe 223, p. 14. For acknowledgement of the direct substitution effect, see Tribunal Administratif, Strasbourg, Soc. Lyonnaise des Eaux v Communaut~ des Communes du Pi~mont duÜBarr and SDEA du BasÜRhin, Req. 97348 (interlocutory order made on 23 May 1997) [1997ü Europe 222, p. 13 [1997ü AJDA 719. C 250/202 EN Official Journal of the European Communities 10. 8. 98 for certain shooting The Conseil d’^tat also received an application for annulment of an Order made by the State Secretary from the Ligue Franêaise pour la Protection des Oiseaux, determining the open season species. Council Directive 79/409/EEC on the conservation of wild birds requires Member States to ensure that protected species "are not hunted during the rearing season nor during the various stages of reproÜ duction’. The Conseil d’^tat annulled the Order as the rule had not been respected for certain species and the national authÜ orities had no power to issue regulations conflicting with the objectives of Community directives. judgment on 12 The French Court of Cassation gave a in mitius retroactivity rule, December 1996 extending the whereby, in the absence of provisions to contrary effect, a criminal statute laying down more favourable provisions applies to acts done before it entered into force where sentence has not yet been passed, to Community regulations on the basis of which an offence was defined by the national legislatureØ(˛). far The Italian Consiglio di StatoØ(ˇ), referring to the judgment of the Court of Justice in KalankeØ(—), declared that references to the female condition as a discriminatory factor in access to public service employment was from constituting an application of the principle of equal opportunities but was contrary to national and Community provisions excluding sex discrimination and permitting only such forms of discrimination as removed practical barriers to access to employment and career prospects for women; it held that the biological state of maternity could not be taken into account in a recruitment competition the aptitude of candidates was assessed, as objective criteria alone should be used without regard for personal situations. teachers when for associate jurisdiction between Mention should also be made of the judgment given by the Italian Constitutional Court on 11 April 1997 in an action for the Umbria and Marches conflict of Regions and the State, with respect to circulars issued by the Ministry of Employment concerning support for vocational training schemes financed by the European Social FundØ(Ñ). In particular, the Regions argued that the circulars encroached on the their powers implementation of Community regulations. The Court began by in matters of vocational training and confirming that Community law could legitimately depart from constitutional provisions on the distribution of powers between the State and the Regions where this was necessary to meet the needs of the European Union. It then noted that the circulars merely transposed Community instruments which, as such, were not amenable to constitutional review unless they were incomÜ patible with fundamental constitutional principles. It therefore declined jurisdiction to subject the circulars to constitutional review as they enjoyed full "Community protection’ by reason of their origin. Lastly, the Court seemed to suggest that the Regions could prevent their powers being taken away from them by participating in the upstream stages of the process of formulating Community legislation. A final noteworthy decision is that given by the Italian Court of Cassation in a caseØ(Ò) in which the Court of Justice had given a ruling on 10 December 1991Ø(Ó) declaring that the monopoly of port operations conferred on port companies was incompatible with Articles 86 and 90 of the Treaty. The Italian Court, while confirming its earlier constitutional decisions, ruled on the effects of Court of Justice interpretation rulings in the domestic legal order. It held in particular that the principles enunciated in preliminary rulings given by the Court of Justice in matters of interpretation are immediately applicable and have the effect that national statutes incompatible with the Community legal order are immediately disapplied, subject to respect for the fundamental principles of the Italian constitutional order and human rights. The Italian courts are to respond to the Court of Justice’s ruling by disapplying section 110 (last paragraph) and section 112 of the Code of Navigation and by presuming that they no longer have effect. The Belgian Raad van State heard an interlocutory action against a decision taken by the Monitoring Committee provided for by Community Structural Funds regulationsØ(Ô). The estabÜ lishment of the Committee had been provided for in the Single Programming Document presented by the Flemish Government to the Commission, which had approved it. The Committee had selected a firm other than the applicant for performance of a project co financed by the ERDF. The Raad van State held that the Monitoring Committee had not been established by a Belgian authority and was not reviewable by such an authority. It declared that the Committee was involved in the exercise of public authority by the European jurisÜ institutions concluded that and had no it (˛) Cass. Crim. , Paul Giusti et Soc. ILS, 12 December 1996 [1996ü Bull. Crim. 466, p. 360 [1997ü Europe Act. No 215, p. 10. (ˇ) Sezione VI, 26 February 1997, Case 325 Pompili Pagliari v Ministero della Publica Istruzione [1997ü Il Consiglio di Stato IÜ290. (—) Case CÜ450/93 [1995ü ECR IÜ3051 (judgment given on 17 October 1995). (Ñ) Case 93 [1997ü Giur. Cost. , p. 923. (Ò) Case 2787, Compagnia unica lavoratori merci varie del porto di Genova v Societ{ merci convenzionali porto di Genova, Foro it. , IÜ3275, 3277 (judgment given on 28 March 1997). (Ó) Case CÜ179/90, Merci convenzionali porto di Genova v Siderurgica Gabrielli SpA [1991ü ECR IÜ5889. (Ô) Article 25 of Council Regulation No 4253/88 of 19 December 1988 (OJ L 374, p. 1), as last amended by Regulation No 3193/94 (OJ L 337, p. 11). 10. 8. 98 EN Official Journal of the European Communities C 250/203 diction to review decisions of those institutions. The fact that certain Belgian authorities were active members of the Committee was not sufficient in the Raad van State’s view to warrant a finding that the Committee’s decisions were decisions of a Belgian authorityØ(˛). In the Netherlands the National Waddenzee Conservation Association brought an action in the Raad van State against the issue of certain licences by the Environment Ministry without environmental impact assessment. The Raad van State held that national rules excluding refineries from the impact assessment obligation if they had a capacity of less than one million tonnes of to Directive 85/337/EECØ(ˇ). It annulled the licences after repeating that it had had many occasions to declare that the articles of the directive that imposed this obligation had direct effectØ(—). year were crude oil contrary per from (CBB) in the Netherlands, the College van Beroep voor het Still Bedrijfsleven several received an application credit card companies for annulment of a decision by the Economic Affairs Minister, who had declined to state that a particular rule of Dutch competition law was not applicable to them. The CBB rejected the applicants’ argument that the Dutch Minister had no power to act as the case was under scrutiny at the European Commission. It recalled that under the Walt Wilhelm decisionØ(Ñ) the national authorities may act under their national the Commission is scrutinising it, provided application of national law does not adversely affect the full and uniform application of Community law or the effect of measures implementing it. On the substance, the CBB observed that the application of this principle placed national authorities under an obligation to see that their decisions were in line with the likely Community decision. The CBB dismissed the action on the basis of letters from Commission DG IV stating that the Commission would probably find the restrictive practice to be contrary to Article 85(1) and ineligible for exemption under Article 85(3). in an antitrust case, even where law Q uestion 4 In the United Kingdom, the applicants in R v Secretary of State for Transport, ex parte Factortame and others (No 5)Ø(Ò) were owners and operators of Spanish fishing vessels who had obtained from the English courts and the Court of Justice a declaration the Merchant Shipping Act 1988, which imposed nationality requirements for the registration of ship that (˛) Raad van State, Administrative Division, judgment 66. 661 of 10 June 1997 in Case A. 73. 283/IV - 16. 524. (ˇ) OJ L 175, p. 40. (—) Nederlands Juristenblad 3. 10. 1997, p. 1641Ü2. (Ñ) Case 14/68, Wilhelm v Bundeskartellamt [1969ü ECR 1. (Ò) High Court of Justice, Queen’s Bench Division, Divisional Court [1997ü The Times Law Reports, p. 482 (judgment given on 31 July 1997). law conferred owners and operators, was contrary to Community law. It was common ground that Community individual rights. The High Court held that the breaches were serious enough for the Secretary of State for Transport to be liable in if the applicants damages subsequently proved it. Moreover, among the four factors identified by the Court of Justice, the High Court identified four which, added to the importance of the principle breached, warranted the United Kingdom had that manifestly and seriously exceeded its discretionary powers: in respect of the the conclusion loss sustained, - nationality discrimination was the deliberate effect of the residence requirements; - the Secretary of State was aware that the requirements were bound to cause the applicants to sustain loss as their very purpose was to prevent them from fishing on the United Kingdom quotas; - the United Kingdom Government had decided to attain its objective by statutory means to ensure that implementation was not delayed by actions for judicial review, making it impossible for the applicants to obtain interim relief without the intervention of the Court of Justice; - the attitude of the European Commission was hostile to the proposed legislation. The High Court further held that the applicants were not entitled to exemplary damages under English law since, even if the case could be regarded as sui generis, their action was for breach of statutory duty and exemplary damages were not available in the absence of a statutory provision to the contrary, and there was no comparing an action for misfeasance in public office with an action for breach of duties under Community law. in such an action to On 9 January 1997 the Italian Court of Cassation gave judgment in a case concerning State liability in damages for failure transpose a directiveØ(Ó). Legislative Decree No 80/1992, transposing Council Directive 80/987/EEC of 20 October 1980 on the protection of employees in the event of the insolvency of their employerØ(Ô), provides for a system of the employer’s protection after or insolvency that varies depending whether commenced proceedings before (Ó) Sezione lavoro, Case 133, INPS v Veronica Campanelli [1997ü Foro it. , Mass. , 14. (Ô) OJ L 283, p. 23. C 250/204 EN Official Journal of the European Communities 10. 8. 98 the Directive came into force. In the former case, the Decree provides that an action for damages for loss caused by failure to transpose the directive must be brought within one year following the Decree’s entry into force. In its approach to the problem of the legal classification of the compensation and the rules governing actions for damages, the Court confirmed its earlier approachØ(˛) that the damage sustained by reason of failure to transpose a directive is not attributable to an unlawful (˛) See 14th report: OJ C 332, at p. 205 (judgment given on 19 January 1996). act by the State. The ground for this is that, "since the two legal orders - the domestic and the Community - are autonomous of each other, the actions of the legislature can be regarded as unlawful in the context of the Community legal order but not in the context of the domestic legal order, given the principles clearly enunciated in the Constitution’. Recalling the principles enunciated by the Court of Justice in connection with State liability for late transposal of directives, the Court of Cassation held that interest due to the applicant on unpaid wages ran from the time when the loss arose, in other words from the date of the employer’s insolvency and not from the (later) date when the directive was transposed into Italian law