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text: COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 29. 05. 1996 COM(96)600 final THIRTEENTH ANNUAL REPORT ON MONITORING THE APPLICATION OF COMMUNITY LAW (1995) (presented by the Commission) CONTENTS INTRODUCTION AREA WITHOUT INTERNAL FRONTIERS 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. REMOVAL OF PHYSICAL FRONTIERS 2. 1. 1. 2. 1. 1. 1. Progress in implementing directives applicable Customs 2. 1. 2. to the customs Free movement of agricultural products field 2. 2. REMOVAL OF TECHNICAL BARRIERS Free movement of goods 2. 2. 1. 2. 2. 1. 1. Articles 30 et seq. of the EC Treaty 2. 2. 1. 2. The preventive rules of Directive 83/189/EEC Progress in implementing directives 2. 2. 2. on the free movement of goods 2. 2. 2. 1. Foodstuffs 2. 2. 2. 2. Progress in implementing directives applicable to foodstuffs 2. 2. 2. 3. Pharmaceutical products 2. 2. 2. 4. Progress in implementing directives applicable to pharmaceutical products 2. 2. 2. 5. Chemicals 2. 2. 2. 6. Progress in implementing directives applicable to chemicals 2. 2. 2. 7. Motor vehicles, tractors and motorcycles 2. 2. 2. 8. Progress in implementing directives applicable to motor vehicles, tractors and motorcycles 2. 2. 2. 9. Construction products 2. 2. 2. 10. Mechanical engineering, personal protection equipment, prepackaging, measuring equipment, electronics and medical devices 2. 2. 2. 11. Progress in implementing directives applicable to mechanical engineering, personal protection equipment, prepackaging, measuring equipment, electronics and medical devices Free movement of persons, right of establishment and voting rights 2. 2. 3. 2. 2. 3. 1. Ending discrimination 2. 2. 3. 2. Entry and residence 2. 2. 3. 3. Progress in implementing directives applicable to right of residence 1 18 19 19 19 21 21 23 23 23 26 27 27 28 28 29 29 30 30 31 32 32 33 34 34 35 36 2. 2. 3. 4. Right to vote and stand in elections 2. 2. 3. 5. Trade union rights 2. 2. 3. 6. Access to employment in the public service 2. 2. 3. 7. Social security of migrant workers 2. 2. 3. 8. Recognition of qualifications 2. 2. 3. 9. Progress in implementing directives applicable to recognition of qualifications Freedom to provide services 2. 2. 3. 10. Independent commercial agents 2. 2. 4 2. 2. 4. 1. Broadcasting 2. 2. 4. 2 Telecommunications 2. 2. 4. 3. Progress in implementing directives applicable to telecommunications 2. 2. 4. 4. Financial services 2. 2. 4. 5. Progress in implementing directives applicable to financial services Free movement of capital Company law 2. 2. 5. 2. 2. 6 2. 2. 6. 1 Progress in implementing directives applicable to company law Intellectual and industrial property 2. 2. 7. 2. 2. 7. 1. Progress in implementing directives applicable to intellectual and industrial property Public procurement 2. 2. 8 2. 2. 8. 1. Progress in implementing directives applicable to public procurement 2. 3. Removal of tax barriers 2. 3. 1. Direct taxation 2. 3. 1. 1. Progress in implementing directives applicable to direct taxation Indirect taxation 2. 3. 2. 2. 3. 2. 1. Progress in implementing directives applicable to indirect taxation CONSUMER PROTECTION AND PRODUCT SAFETY 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. 2. 2. 2. 3. 2. 4. 2. 5. Cosmetics Textiles Safety and health Protection of economic interests Progress in implementing directives applicable to consumer protection and product safety 36 36 37 37 37 40 40 41 41 41 43. 44 46 47 49 50 50 52 52 56 57 57 58 58 61 62 62 62 62 62 63 64 COMPETITION 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. 2. 2. 2. 3. Public enterprises Monopolies Progress in implementing directives applicable to competition EMPLOYMENT AND SOCIAL POLICY 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. 2. 2. 2. 3. 2. 4. 2. 5. Equal treatment of men and women Working conditions Health and safety at work Public health Progress in implementing directives applicable to employment and social policy , AGRICULTURE 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. 2. 2. 2. 3. Markets Harmonization Progress in implementing directives applicable to agriculture FISHERIES 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. 2. 2. 2. 3. Markets Resources Compatibility with Community law of national legislation on the granting of flag rights ENVIRONMENT 1. INTRODUCTION 1. 1. 1. 2. 1. 3. 1. 4. 1. 5. 1. 6. 1. 7. General situation Notification of national implementing measures Conformity of national implementing measures Incorrect application of directives Freedom of access to information Environmental impact assessment Action needed 65 65 65 67 67 68 68 68 69 69 70 70 71 71 71 73 75 77 77 77 77 78 79 79 79 80 81 82 83 84 2. SITUATION SECTOR BY SECTOR 2. 1. 2. 2. 2. 3. 2. 4. 2. 5. 2. 6. 2. 7. 2. 8. Air Chemicals Water Noise Waste Nature Radiation protection Progress in implementing directives applicable to the environment , TRANSPORT 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR 2. 1. 2. 2. 2. 3. 2. 4. 2. 5. 2. 6. 2. 7. 2. 8. Road transport Combined transport Inland waterways Rail transport Sea transport Air transport Summertime Progress in implementing directives applicable to transport ENERGY 1. 2. INTRODUCTION SITUATION SECTOR BY SECTOR Transparency of prices 2. 1 Internal market for electricity and natural gas 2. 2. Energy efficiency 2. 3. Oil and gas 2. 4. Progress in implementing directives applicable to 2. 5. energy COMMUNITY STAFF STATISTICAL MATTERS ANNEXES 1. 2. 3. 4. 5. 6. Suspected infringements Established infringements Infringements of Treaties and Regulations Report on the application of directives Judgments of the Court of Justice not yet implemented Application of Community law by national courts 84 84 85 86 87 87 89 90 91 93 93 93 94 94 94 95 96 96 97 98 98 98 98 98 99 99 100 101 102 110 118 148 398 413 INTRODUCTION Each year the European Commission draws up a report on the monitoring of the application of Community law in response to requests made by the European Parliament (Resolution of 9 February 1983) and the Member States (point 2 of the Treaty signed at Maastricht on Declaration No 19 annexed 7 February 1992). The report also meets requests from the European Council and the Council for information on specific fields. to The Europe Union would not be a true Union based on the rule of law and founded on a body of law if that law was not enforced by and in its Member States on an ongoing basis. The enforcement function is entrusted to the Commission by Article 155 EC. (1) The annual report traditionally analyses the monitoring of the application of Community law by focusing on the infringement proceedings handled by the Commission on the basis of Article 169 of the EC Treaty in the past year. This report, which reflects the situation on 31 December 1995, follows that pattern. It must be remembered, however, that the function conferred on the Commission by Article 155 as guardian of the Treaties is not confined to infringement proceedings. When it commences litigation against other institutions (Articles 173 and 175), when it scrutinizes State aids for legality (Article 93), when it acts to combat fraud against the Community budget and when it secures compliance with the ban on restrictive practices and abuse of dominance (Articles 85 and 86), the Commission is also performing its function of enforcing Community law. There are separate reports on activities in these areas. The originality of Article 169 infringement proceedings cannot be adequately stressed. The procedure can be launched only by the Commission to settle disputes between it and the Member States; individuals cannot be parties to proceedings. The procedure is considered to be an objective one; its purpose is to induce a Member State to come into line with Community law. Its primary purpose is not to protect an individual who wishes to rely on Community law. Individuals have other redress procedures before national authorities and the national courts, operating as the ordinary courts of Community law, with the possibility of going so far as to have the State ordered to pay damages for breaches of Community law. (2) But the complaint to the Commission is still an indispensable instrument, not only for the Commission but also for the individual citizen. This is especially true where a citizen fails to secure respect for the rights he enjoys under Community law. (1) (2) See also Article 127 Euratom. Annex VI analyses the application of Community law by national courts in the course of the year. The Community citizen may not be able to commence infringement proceedings, but he still plays a key role in them. Complaints to the Commission are a vital source of information for launching such proceedings, as where they provide evidence of administrative practices contrary to Community law or of breaches in areas where the Commission cannot detect them in the absence of powers of inspection. Complaints also bring to the Commission's attention infringements committed in the course of co-financed operations/3* It is therefore vitally important for the Commission to give an answer not only to complainants - many of whom have only the Commission to rely on - but also to the public at large and to Parliament. The annual report is the Commission's way of meeting the need for transparency. 1995 was the first year of the fifteen-member Community. This report covers the application of Community law in Austria, Sweden and Finland. For the first time the Community welcomed new members from the European Economic Area. European Economic Area membership was probably the main reason for the high rate of notification of national measures implementing directives in the new Member States, as they had had to incorporate a large proportion of the acquis communautaire into their national legislation when the European Economic Area Treaty entered into force on 1 January 1994. As required by Article 172(1) of the Act of Accession, the EFT A Surveillance Authority notified the Commission of all the legislation of which it had been notified by these States. (4) In one year, the new Member States transposed the acquis communautaire to such an extent as to attain a notification rate in excess of the Community average in Sweden and Finland(5) and a rate of 84. 2% in Austria. 1995 was a year of intense Community law enforcement activity at the Commission, with an unprecedented number of Article 169 decisions - 5068 of them, as against 4802 in 1994. I - THE TREND OF INFRINGEMENT PROCEEDINGS IN 1995 There were seven major trends in 1995: A- B- infringement proceedings registered in 1995: a decline in the number of complaints and a rise in the number of cases detected by the Commission; the important role played by the European Parliament in prompting infringement proceedings; C- proceedings commenced in 1995: a stable number of Article 169 letters; (3) (4) (5) If infringement proceedings are commenced, the Commission generally suspends Community financing (Regulation (EEC) No 2052/88: OJ L 185, 15. 7. 1988, p. 9). If the infringement is confirmed, the Commission can even recover financing. The EFTA Surveillance Authority also notified the Commission of suspected infringement cases that were pending. Apart from difficulties with the transposai of directives in the Aland Islands. D- E- F- proceedings relating to established infringements: a decline in the number of reasoned opinions and a stable number of referrals to the Court; a sharp increase in the number of cases terminated; a start made on clearing up the legacy of the past: many of the longest-running cases were terminated; G- greater transparency. A- Infringement proceedings registered in 1995 declining number of complaints An analysis of the statistics prompts a surprising conclusion: the number of complaints received at the Commission is no longer rising. Figures for the last five years (1991: 1051; 1992: 1185; 1993: 1040; 1994: 1145; 1995: 978) show that this is a genuine pattern and not a statistical blip. (6) But the situation varies from one area to another: there is, for instance, a stable pattern as regards customs and indirect taxation. The figure for public procurement rose from 100 to 137 in one year, and the figures for transport also rose; but in agriculture it fell from 191 to 127). Given enlargement, the stability in the absolute number of complaints means that there has been a relative decline, especially as the conferment of new powers on the Union ought to have been a source of new difficulties, disputes and complaints. The decline in the number of complaints must be interpreted with a great deal of caution. It might be thought that citizens relying on Community law are gaining greater satisfaction in national authorities or courts without having to bring the Commission into action, but that would probably be over-optimistic. At any rate the conclusion would be difficult to support, and evidence going beyond what is available in this report would be needed, The declining number of complaints might also be evidence that Member States are applying Community law better as a result of experience and of the deterrent effect of infringement proceedings. Another possible explanation might be that citizens in the new Member States are inadequately informed of the possibilities of complaining to the Commission, as the number of complaints has not risen in proportion to the new membership It is true that the Commission's role is imperfectly perceived, as can be seen from the number of complaints that are not within its powers to review. (6) See the environment chapter, point 1. 4. the rise in the number of cases detected by the Commission Between 1994 and 1995, the number of such cases rose from 277 to 320. This suggests that the current period is one of consolidation. Community legislative activity is less intense than in the past. (7) It is also more clearly targeted on specific objectives. Following the policy set out in its 1995 work programme, the Commission placed the accent on the proper application of existing rules, verifying how Community law was actually applied in the Member States; this is clear from the rising number of cases detected by the Commission itself and of infringement proceedings commenced in the course of the year. The Commission considered more than 4800 cases in 1994. The figure leapt to 5068 in 1995. B - The important role plaved by the European Parliament in prompting infringement proceedings The Commission makes out a suspected infringement record as a matter of routine whenever a breach of Community law is indicated either by a parliamentary question(8) or by a petition. Of the new infringement cases registered by the Commission in 1995, 30 originated in a written or oral question by a Member of the European Parliament and four in a petition. The figures for 1992 were 45 questions and 33 petitions; those for 1993 were 30 questions and 23 petitions/9* But these figures are but a pale reflection of the qualitative and quantitative importance of Parliament's role in identifying infringements, for in addition to these cases, Members of Parliament reported other infringements that haa sometimes already been detected by the Commission's own investigations or through complaints received. A third of them concerned violations of environmental legislation (chiefly industrial projects launched without prior environmental impact assessment), and another third concerned the internal market (all manner of problems, such as barriers to freedom of establishment for dentists, violations of the public procurement directives, etc. ). To give but one example, an MEP drew the Commission's attention to a series of contracts for environmental advisory and management services that had not been announced in the Official Journal. Parliament tends to show the greatest interest in the two areas (environment and internal market) that between them account for more than 60% of all the cases currently running at the Commission. (7) (8) (9) See report on implementation of the Commission's work programme in 1995, COM(95) 513 final,13. 10. 1995. Since 1985. The particularly low figures for 1994 are exceptional and not statistically significant. C- Proceedings commenced in 1995: a stable number of Article 169 letters The Commission commenced 1016 infringement proceedings in 1995, as against 974 in 1994 and 1 209 in 1993. Clearly, then, the number of complaints is no longer rising, moreover, preliminary contacts between the Commission and the Member States - who manifestly are aware of their Community law obligations - are more and more fruitful. D- Proceedings regarding established infringements A sharp decline in the number of reasoned opinions The sharp decline in the number of reasoned opinions (192) is the result of the exceptionally high number of reasoned opinions issued in 1994 (546 as against 352 in 1993) and of technical delays at the Commission, now made up. A stable number of referrals to the Court The Court of Justice had 72 new infringement cases referred to it in 1995 (as against 64 in 1992, 44 in 1993 and 89 in 1994). The Commission endeavours to make the fullest use of the pre-litigation stage of the infringement proceedings to persuade the offending Member State to remedy its deficiency or to negotiate a settlement. As the Court has held, referral of an action to it is the last resort, "* the ultima ratio enabling the Community interests enshrined in the Treaty to prevail over the inertia and resistance of the Member States'. (l0) The relative stability in the number of cases referred to the Court is the direct consequence of the Member States' strong tendency to remedy deficiencies after the reasoned opinion stage. E- A sharp increase in the number of cases terminated The aggregate number of proceedings for suspected or established infringements that were terminated rose from 1811 in 1994 to 2045 in 1995. There were particularly significant figures regarding the free movement of goods, where 238 cases were terminated and only two went to the Court. The Commission is reaping the fruits of a long tradition of dialogue with the Member States at package meetings. The number of cases closed after proceedings had commenced was 1344 in 1995, up from 668 in 1994. These figures do not mean that the Commission is taking a softer line but that the action taken in relation to the Member States to secure proper and timely implementation of directives and to have Community law applied properly is proving effective. The Commission's policy in environmental matters offers an eloquent illustration: 182 cases that had gone beyond the Article 169 letter stage were terminated in 1995, whereas the (10) Case 25/59 Netherlands v High Authority [1960] ECR 355, 374. 9 number for 1994 was only 70. The examples given for public procurement and VAT are also noteworthy. (11) F- Clearing up the legacy of the past: many of the longest-running cases were terminated In the course of its review of cases in motion, the Commission looks at all of them from time to time. In 1995, as in previous years, all the longer-running cases were reviewed. Of the 1 545 cases opened in 1992, 161 were still in motion in 1995. Of the 1 340 cases opened in 1993, 225 were still in motion in 1995 whereas the figure a year earlier was 404. The number of cases opened in 1994 and still in motion was halved in a year, from 1 136 to 670 (see Table 1. 3). The effort must clearly be pursued. Infringement proceedings run in successive stages at which the Member State can put matters right without being taken to the Court. But this obviously takes time, and the duration of the scrutiny procedure is still too long; the Commission is endeavouring to accelerate it. G- Greater transparency The infringement procedure is wholly directed, by the Treaty itself, to securing a remedy for the infringement without the need for referral to the Court. Traditionally, it has therefore been confidential, so as to preserve the discretion that will make it easier for the Member State to rectify matters. The completion of the internal market, Parliament's constantly growing interest in monitoring the application of Community law and the Commission's determination to achieve greater openness in its activities have combined to prompt the Commission to boost transparency policy. It has, for instance, extended its practice of issuing press releases. On 19 July it decided to put out 22 press releases on 58 cases without awaiting the issue of reasoned opinions or referral decisions. Transparency in Commission activities for the enforcement of internal market legislation in particular was treated as a political priority. The operation was repeated later in the year and was well received. n- ANALYSIS OF THE RESULTS FOR 1995 A- Directly applicable rules The processing of infringements of Community instruments other than directives continues apace. There were 89 Article 169 letters in 1995 (up from 67 in 1994). Fuller details can be found in the sector-by-sector analyses, but there are a few noteworthy general points about activities in 1995. (U) See points 2. 2. 8 and 2. 3. 2. 10 The Court of Justice gave a series of judgments spelling out the scope of Article 30 as interpreted in Keck and Mithouarcf12) (see point 2. 2. 1. 1). The frequency of infringements relating to freedom of movement of persons is particularly noteworthy; there were many cases concerning discrimination as regards access to employment and the right of residence (Article 48 of the Treaty and Regulation (EEC) No 1612/68(13)). In competition matters, the Commission secured the final abolition of the monopoly of port services at Genoa. Turning to employment and social policy, there has been no decline in the volume of disputes relating to Article 119 of the Treaty (equal treatment for women and men). The judgment in Kalanke (17 October 1995) concerning positive discrimination in favour of women prompted the Commission to issue an interpretative statement. (14) In fisheries and aquaculture, the Commission systematically scrutinizes national legislation for compatibility with Community law applicable to flag rights and technical measures for the conservation of resources. B- Directives 1- Notification of transposai measures The number of proceedings commenced in 1995 for failure to notify implementing measures was slightly up on the previous year (799 as against 732). The table below gives a general picture of progress in implementing all the directives applicable on 31 December 1995. It will be noted that the number of directives that came into force in the course of the year rose less sharply than in previous years (forty or so, as against sixty in 1994). This is the first impact of the Community's policy of enacting less but better legislation. The trend can be expected to continue in the years ahead (cf. the Commission's paper for the Madrid European Council in December 1995, ^Better lawmaking': the Commission made 25 legislative proposals in 1995 as against 61 in 1990 and 51 in 1992. It is planning only 19 in 1996(15)). (12) (13) (14) (15) C-267/91 and C-268/91 [1993] ECR 1-6097. Council Regulation of 15 October 1968 of 15 October 1968 on freedom of movement for workers within the Community, OJ L 257, 19. 10. 1968, p. 2. COM(96) 88 final; see also proposal for a Directive amending Directive 76/207/EEC (COM(96) 93 final). See report on implementation of the Commission's work programme for 1995, COM(95) 513 final. 11 MEMBER STATE Directives applicable on 31. 12. 1995(16) Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 1265 1265 1267 1266 1267 1265 1265 1265 1264 1265 1262 1266 1252 1256 1265 1132 1239 1177 1137 1179 1173 1174 1122 1191 1230 1063 1139 883 1169 1203 % 89. 5 97. 9 92. 9 89. 8 93. 1 92. 7 92. 8 88. 7 94. 2 97. 2 84. 2 90 70. 5(17) 93 95 On 31 December 1995, the Member States had on average notified 90. 7% of the national implementing measures required to give effect to all the directives to be implemented. This is lower than the 1994 figure (91. 89%) as three new Member States are now brought into the calculation. The individual "performances" of the twelve older Member States have all improved. The following conclusions can be drawn: a high rate of notification in the three new Member States. Sweden ranks sixth. The figure for Austria is substantially the result of delays in notifying measures transposing agricultural legislation (point 2. 3). (16) (17) Variations in the number of directives applicable are due to the fact that some directives do not apply in all Member States, and the implementation dates can vary from one Member State to another. The notification rate for Finland is actually much higher than this if the problems of transposing directives in the Aland Islands are disregarded. See remark on following page. 12 The main explanation for the situation in Finland is the special status of the Aland Islands in international law. (18) They enjoy a degree of autonomy in certain respects (e. g. agriculture and the environment) and are required to enact specific implementing measures. Apart from the situation in the Aland Islands, Finland's rate is above the Community average. an improvement in the rate of notification of national measures implementing directives in all the other twelve Member States with a new record of virtually 98% in one of them (Denmark). But the reality behind these averages is far from uniform. The rate of notification is 100% in customs matters and right of residence (except as regards Belgium and Germany in the latter area). It is everywhere in excess of 90% as regards machinery, motor vehicles and recognition of qualifications. There are wide variations between Member States as regards telecommunications and financial services. The areas where the greatest difficulties persist and measures transposing directives enacted years ago are still absent are the environment (points 1. 2 and 2. 8), transport (point 2. 8) and energy (point 2. 5). In agriculture, delays in notifying national implementing measures are substantial for the internal market White Paper directives. The number of referrals to the Court rose from 34 in 1994 to 57 in 1995 (points 1 and 2. 2). But there are positive signs: the number of new proceedings for failure to notify national implementing measures is down on 1994. The same applies to reasoned opinions. As for consumer protection, five Member States have still to notify the Commission of national measures implementing Directive 92/59/EEC(19) on general product safety. 2- Conformity of implementing measures The Commission proceeds from the principle that many incorrect application cases could be avoided if transposai measures were in conformity with the directive in the first place. The Commission consequently attaches priority to quality control of national measures implementing directives when monitoring the application of Community law. Wherever possible, it systematically scrutinizes existing legislation, as witness its activities in relation to free movement of goods (see point 2. 2. 1). (18) (19) See Article 28 and Protocol No 2 of the Act concerning the Conditions of Accession of Finland to the European Union, OJ C 241, 29. 8. 1994. OJ L 228, p. 24. 13 The number of new proceedings for incorrect implementing measures rose from 54 in 1994 to 63 in 1995. There were 23 Article 169 letters (32 the previous year). The number of proceedings in motion for incorrect measures implementing public procurement Directives more than doubled, from 14 in 1994 to 30 in 1995. There is a detailed analysis of the main causes for non-conformity in environmental matters at point 1. 3, where it is stated that scrutinizing measures for conformity may require particularly delicate analysis of national law, especially where the authority with power to transpose is not at national but at regional or provincial level - which may involve enactment of several sets of legislation in one and the same Member State. Moreover, directives sometimes subject Member States to complex obligations making it necessary to enact or amend a whole series of instruments. 3- The application of transposai measures Complaints relating to individual cases of incorrect application of national implementing measures are a valuable source of information for the Commission, especially when they reveal that the measure was not in conformity with the directive or they bring to light repeated infringements or horizontal problems, such as administrative practices that are incompatible with it. In 1995, for instance, there were more than 40 complaints concerning the directives on the mutual recognition of qualifications. Admittedly, many of the complaints alleging incorrect application of a piece of national legislation that is compatible with the Community legislation it transposes could be settled by national authorities and courts. (20) But the Commission is often perceived as a vital support, especially where national redress procedures have been exhausted or are either illusory or ineffective. Better application of Community law requires a policy to prevent infringements. Greater involvement of national bodies in general and Parliaments in particular in the Community legislative process would be conducive to this. It would surely help solve difficulties with proper implementation of Community law at national level. Maintaining regular contacts with the national authorities through institutional committees avoids many infringements/21* (20) (21) See environment chapter, point 1. 7. See the examples given at point 1. 7 of the environment chapter and point 2. 2. 4. 4 on financial services. 14 Timely provision of information to the Commission, by means such as the procedure for technical standards and regulations set up by Directive 83/189/CEE,(22) also helps to prevent the erection of new barriers to trade/23* In a recent judgment, the Court of Justice gave added force to this information procedure/24* The Commission's efforts to make Community law more familiar, more comprehensible and more accessible are part of this policy. But the task of monitoring the application of Community law is an unending task in the performance of which the Commission has set itself two priority objectives: putting monitoring the application of Community law at the centre of its business. Its work programme for 1996 firmly underscores this concern;(25) finding a judicious balance between monitoring the application of Community law at Community level and the role played by national authorities in general and the courts in particular. The work done by the Commission would be futile without Community citizens jealously and vigilantly enforcing their rights, without national courts and administrative bodies placing observance of Community law among their priorities. The Commission clearly stated this in its Opinion of 28 February 1996 on the Intergovernmental Conference provided for by Article N(2) of the Maastricht Treaty: To consolidate the rule of law as the basis of the Union, the proper implementation and enforcement of Community law has to be ensured, a task which falls primarily to the national authorities. This will be even more vital in an enlarged Community encompassing a wide diversity of national legal and administrative systems. The Commission therefore believes that: the means available to it to enforce Community law should be made more effective, notably as regards the internal market; there should be a stronger role for the Court of Justice, particularly as regards compliance with its judgments/26* (22) (23) (24) (25) (26) Council Directive of 28 March 1983, OJ L 109, 26. 4. 1983, p. 8. See point 2. 2. 2 on free movement of goods. Case C-194/94 CIA Security International v Signalson and Secuhtel (judgment given on 30 avril 1996, not yet reported): the Court held that it was not acceptable to rely, against an individual, on a technical standard not notified by the directive's procedure. "* The need to ensure strict enforcement of the existing rules remains a top priority', COM(95) 512 final, point 3. 1. COM(96) 90 final, point 10. 15 The Commission welcomes the vigilance shown by the European Parliament in matters of enforcement of Community law. Its role in detecting infringements has already been emphasized. By approaching national political authorities and generating awareness among public opinion, Parliament can play an even bigger role in having the infringements recorded in this report ended. The Commission needs the unfailing support of a European Parliament that attaches the same importance to the proper application of Community law as to its enactment. 16 Structure of thirteenth report This report consists of: a sector-by sector analysis; statistical tables updated to 31 December 1995 concerning suspected infringements (ANNEX I) and established infringements (ANNEX II); a list of established infringements of the Treaties, Regulations and Directives investigated in 1995 (ANNEX HI); report on the application by Member States of Directives in force on 31 December 1995, indicating infringement proceedings (ANNEX IV); a list of judgments of the Court of Justice not yet implemented (ANNEX V); a survey of the application of Community law by national courts (ANNEX VI). 17 AREA WITHOUT INTERNAL FRONTIERS 1. INTRODUCTION The establishment of the single market is an ambitious exercise in economic integration, requiring the adoption of legislation - much of it very detailed - to remove physical, technical and tax barriers in a variety of sectors. The project was given fresh impetus by the 1985 White Paper on completing the internal market and was largely completed in 1993. It has since been extended to the new Member States which joined the Community at the beginning of the year. In 1995, three years after the single market came into effect, nearly all the legislation identified in the White Paper has been adopted. The objective set out in Article 7a of the Treaty - an area without internal frontiers where goods, persons, services and capital can move freely - has largely been achieved. However, establishing the single market amounts to more than simply adopting the measures set out in the White Paper: the Commission must also see to it that these measures are actually implemented and enforced in accordance with Community law. To this end the Commission drew up a strategic programme. for completing, managing and developing the single market, which it presented at the end of 1993. Its basic premise is that the single market cannot be established merely by transposing Community legislation, but that continual efforts must be made to ensure that this legislation is applied and understood at all levels and the Union must be able to satisfy the hew demands which emerge as the frontier-free area takes shape. The Commission has only just begun this task. The strategic programme identifies administrative cooperation as one of the key factors in the operation of the single market. Cooperation has already been in many areas (such as veterinary and plant health checks, established pharmaceuticals, foodstuffs, customs and direct taxation), and the results suggest it is worth extending it, at least partly, to other fields. In its Resolution of 16 June 1994 on developing administrative cooperation in the enforcement of Community legislation on the internal market, the Council asked the Commission to step up cooperation with the relevant authorities in the Member States. In 1996 the Commission is required to lay before the Council and Parliament a report on cooperation between administrations for the enforcement of internal market legislation/1* Still on the subject of administrative cooperation, it is worth mentioning two programmes for the exchange of officials between Member States - Matthaeus (for customs officials) and Karolus. The Karolus programme is aimed in particular at harmonizing the interpretation and application of Community law, especially in the internal market field. All the Member States have already taken part in the programme, either sending or (1) The Commission presented this report on 29 January. 18 receiving officials from national government departments. By the end of September 1995 a total of 181 exchanges had taken place out of 270 applications accepted. One important source of information on the monitoring of the application of Community law is the report on transposai which the Commission lays before each meeting of the Council on the internal market. It indicates the state of play regarding the incorporation into national law of the measures set out in the White Paper and other legislation which is particularly important for the smooth operation of the internal market. Of the 276 measures in the White Paper in force at 31 December 1995, 222 still required national implementing measures in one or more Member States. Overall the Member States have adopted 91. 5% of the national measures required to implement internal market legislation. Delays in transposai still persist in certain sectors, particularly public procurement, new technology, insurance and intellectual and industrial property. These delays are often caused by problems in the national decision-making process or the technical complexity of Community texts, which sometimes leads Member States to adopt national measures implementing only part of a directive. To remedy this situation, the Commission systematically monitors the application of Community rules - as it does in all other fields - and commences infringement proceedings under the Treaty, wherever necessary. 2. SITUATION SECTOR BY SECTOR 2. 1. Removal of physical barriers 2. 1. 1. Customs The Commission sent a reasoned opinion to Belgium regarding dues collected for the benefit of the Fonds pour la Santé et la Production des Animaux (animal health and production fund) when live animals are exported to other Member States. These dues must be considered as charges with an equivalent effect to customs duties on exports, which are prohibited under Articles 9 and 12 of the Treaty. Proceedings have been commenced against Italy under Article 171 of the Treaty for failure to comply with a judgment given in 1994 in which the Court of Justice found that the representation monopoly of Italian customs forwarding agents and the requirement that employees representing their own firm must have the same qualification as self-employed persons were to make contrary declarations/25 the persons empowered to customs rules on The Commission terminated proceedings against Italy concerning the application of flat-rate import duties to goods for which a customs debt is incurred under national transit arrangements. Italy abandoned the transit (2) Case C-l 19/92 [1994] ECR 1-393 (judgment given on 9 February 1994). 19 scheme following the entry into force of the new Community transit arrangements in connection with the internal market. In 1995 the Court gave three important preliminary rulings in which it found that national taxes should be prohibited as charges having an equivalent effect to customs duties: - - - the Court held that a transit charge designed In Dubois to compensate a private firm - in this case a road-vehicle depot - for bearing costs arising from the performance by the customs and veterinary services of their public service duties was contrary to Articles 9 and 12 of the Treaty, even though it was not imposed by the State but arose as a result of an agreement concluded between the private firm and its customers/3* In Simitzi the Court gave judgment concerning a consumption tax levied in the Dodecanese islands in Greece not only on import but also on export. Confirming its decision in Legros-Lancry (on dock dues levied in the French overseas departments), the Court held that the tax was contrary to Articles 9 and 12 of the Treaty, even though it applied to trade between the islands and the rest of Greece/4) Finally, in Aprile the Court confirmed and consolidated previous judgments concerning charges having an equivalent effect in trade with non-member countries, reminding Member States that they may not unilaterally impose charges which are incompatible with the principle of a single customs territory and the uniform application of the common commercial policy. It also held that where this prohibition is contained in agreements between the Community and certain non-member countries or in regulations establishing a common organization of the market in agricultural products, its scope is the same as in the case of intra-Community trade/5) (3) (4) (5) Case C-l6/94 [1995] ECR 1-2421 (judgment given on 11 August 1995). Joined Cases C-485 and 486/93 (judgment given on 14 September 1995). Case C-l25/94 (judgment given on 5 October 1995). 20 Progress in implementing directives applicable to the 2. 1. 1. 1. customs field MEMBER STATE BELGIUM DENMARK GERMANY GREECE STAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Directives for which measures have been notified 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 % 100 100 100 100 100 100 100 100 100 100 100 100 1ÔÔ 100 1ÔÔ Note: this table concerns Directives 76/308, 77/794, 85/479, 86/489. 2. 1. 2. Free movement of agricultural products Freedom of movement for agricultural products in a single market is one of the principles underpinning the operation of the common agricultural policy and its common market organizations. The Court of Justice has repeatedly pointed out that Articles 30 and 34 of the Treaty are still an integral part of the common market organizations, even though there has no longer been any need to write them into the regulations since 1 January 1970. The Commission kept a constant watch to make sure that barriers to trade in agricultural products in the Community were removed. Before the removal of internal borders, import controls were the most numerous and the most varied of all the obstacles to trade. There has been a substantial fall in the number of new infringements involving controls on intra-Community trade in agricultural products since the establishment of the internal market and the entry into force of legislation harmonizing veterinary and plant health rules. In one recent case the Commission brought an action before the Court of Justice against Germany concerning measures it adopted in 1993 imposing requirements not provided for in Community legislation on imports of 21 certain kinds of fresh pigmeat from Denmark and providing for systematic checks which are incompatible with Article 30 of the Treaty and Directives 89/662/EEC and 91/497/EEC. Infringement proceedings have been terminated in two old cases (double checks on fishery products in Italy and prior import licences for bovine and porcine semen in Ireland), after it was established that the Member States in question had taken appropriate measures to comply with decisions of the Court of Justice. In the first case, Italy implemented the Court judgment relating to the transposai of Directive 91/493/EEC, which had condemned systematic checks on consignments of fish from other Member States and Norway /6) In the second case, Ireland notified the Commission of Statutory Instrument No 297 of 20 September 1994 by which it complied with the Court's judgment of 17 November 1992. (7) The Court had found that by making imports from domestic bovine and porcine animals subject to a licence and various other conditions, Ireland had failed to fulfil its obligations under Article 30 of the EC Treaty, Regulations (EEC) Nos 805/68 and 827/68, Directive 74/504/EEC and Decision 88/124/EEC. A number of minor problems concerning the measures notified have now been resolved. Besides these "classic" cases, the Commission has been confronted with a much less familiar problem - barriers to trade in fruit and vegetables in France resulting from acts of vandalism committed by groups of protesting farmers. In view of the unacceptable frequency of attacks on lorries, mostly transporting Spanish strawberries, and the lack of appropriate and proportionate action by the forces of law and order, the Commission brought the matter before the Court of Justice (Case C-265/95). The Commission believes that the right to the free movement of goods guaranteed by the Treaty imposes on Member States the obligation to adopt whatever measures are necessary to ensure that this principle is observed, including measures against individuals who place it in jeopardy. The Commission considers that, in failing to take appropriate measures to end these serious obstacles to the free movement of agricultural products resulting from the actions of individuals, the French authorities have failed to fulfil their obligations arising from the common market organizations and Article 30 of the Treaty, in conjunction with Article 5. (6) (7) Case C-228/91 [1993] ECR 1-2701 ftudgment given on 25 May 1993). Case C-235/91 [1992] ECR 1-5917. 22 2. 2. Removal of technical barriers 2. 2. 1. Free movement of goods 2. 2. 1. 1. Articles 30 et seq. of the EC Treaty Articles 30 et seq. of the EC Treaty prohibit quantitative restrictions on imports and exports, and all other measures having equivalent effect/8) The Commission seeks to ensure that the internal market rules are properly applied and therefore has to monitor Member States' compliance with these articles. It strives to remove technical barriers to trade and develop instruments which will prevent new barriers being raised. Commission action This year the Commission dealt with some 1 270 cases, of which 238 were not proceeded with and only two were referred to the Court of Justice. Although the number of cases was up on 1994, these figures show that the approach adopted by the Commission, which is based on regular dialogue with the national authorities, has continued to produce results. The Commission departments responsible held meetings with the authorities from eight Member States to discuss current complaints and infringement proceedings and explore possible non-contentious solutions to complex problems. Meetings of this kind were held with Spain, France, Italy, Germany, Greece, the Netherlands, and, for the first time, Belgium; clearly the benefits of dialogue are well understood by all. More than sixty cases were settled as a result. This has been a successful practice, since it accustoms national authorities to taking into account the fundamental principles of Community law, such as the principle of the free movement of goods, when enacting legislation. Consequently, the exercise has already been extended to Austria and will cover Finland and Sweden in 1996. The following examples illustrate the success of these "package meetings", as they are known: - - France has abolished the administrative mechanism for fixing the resale price of manufactured tobacco, which was contrary to the case law of the Court of Justice, and replaced it with a system whereby manufacturers and suppliers are free to determine prices, which are then subject to approval. The British authorities have also taken steps to comply with Community law by introducing legislation on the type-approval of ultra-light motorized devices, thereby making it easier to import (8) See 1993 Report. 23 such devices, provided they have been lawfully manufactured or marketed in another Member State in accordance with equivalent safety requirements or tested using analysis methods equivalent to those applied in the United Kingdom. Package meetings also serve to foster direct links between the Commission and regional and local government authorities. Dialogue of this kind has paved the way for substantial progress in changing administrative practices and regional legislation in Spain which barred access to fairs and exhibitions to goods from other Member States. As a rule, the Member State amends the legislation challenged to comply with the Treaty and the matter is closed. However, pending an official amendment, Member States frequently adopt interim measures, such as circulars published in their national official gazettes or public notices in the information bulletins of the relevant enforcement agencies, informing interested parties that the legislation in question is to be interpreted in such a way as to be compatible with the principle of free movement of goods and will be applied accordingly by the authorities. Some of these circulars may also guarantee that Community law will be applied by the national or local authorities. For example, the Italian authorities sent a circular to the regional authorities in Lombardy reminding them of the procedures applicable to certain types of public contract under national implementing legislation. Member States also publish notices in their official gazettes which in effect amplify or clarify national legislation to make it consistent with Community law. For example, following a "package meeting", the French authorities published in the national official gazette a notice to importers of road tankers recognizing the validity of tests carried out in another Member State provided they guarantee an equivalent level of safety. The Commission seeks and receives support and cooperation from national government departments to help it carry out its tasks consistently. For example, they assist the Commission in its horizontal surveys of national rules in particular industries. Four surveys were carried out in 1995, dealing respectively with the application of Articles 30 to 36 of the Treaty in the foodstuffs industry (in conjunction with the Communication published in OJ C 271 of 24 October 1989), national legislation on the parallel import of medicinal products, national legislation on the parallel import of pesticides and plant protection products and, finally, national rules applicable to intra-Community trade in raw gold for non-monetary use. The Commission also takes preventive action. Using the notification procedure established under Directive 83/189/EEC, it requests national authorities to insert mutual recognition clauses in their draft technical rules/9) Such clauses prevent the creation of new obstacles to trade. For (9) See Chapter 2. 2. 1. 2. 24 example, Portugal inserted in its draft legislation clauses recognizing the the technical rules in force production and use of underwater concrete and the specifications and conditions for the production and marketing of cement. in the other Member States regarding Case law of the Court of Justice The case law of the Court of Justice also contributes to the uniform and effective application of Community law. This is particularly evident in connection with Articles 30 et seq. of the Treaty, which fail to define the concept of "measures having equivalent effect" to quantitative restrictions. The following judgments are worthy of special mention: - Televised advertising - Free movement of goods and services00) The Court held that Article 30 of the Treaty must not be interpreted as applying to cases where a Member State - in this case France - prohibits by law or regulation the broadcasting of televised advertising for the distributive trades. Applying the criteria laid down in Keck and Mithouard, the Court found that such measures were not aimed at regulating trade in goods between Member States, but were concerned with selling arrangements, and that they applied regardless of the type of product to all traders and affected the marketing of products from other Member States and domestic products in the same manner. - Maximum permissible levels of pesticide residues00 The Court held that Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum permissible levels of pesticide residues in and on certain products of plant origin does not preclude national - in this case Italian - legislation from setting maximum permissible levels for residues of chlorpropham and propham and laying down procedures for checking compliance with those levels. However, the legislation must comply with Articles 30 and 36 of the Treaty. - Import of a narcotic drug (diamorphine)(12) The Court took the view that a national practice prohibiting the import of narcotic drugs (in this case into the United Kingdom) fell within the scope of Article 30. Such an import ban could not be permitted under Article 36 if it were based on the need to safeguard a firm's survival. However, it might come under the derogation provided for in Article 36 if the protection of the health and life of humans were at stake and that objective (,0) (,1) (12) Case C-412/93 [1995] ECR 1-179 Gudgment given on 9 February 1995). Joined Cases C-54/94 and C-74/94 [1995] ECR 1-391 (judgment given on 23 February 1995). Case C-324/93 [1995] ECR 1-563 Gudgment given on 28 March 1995). 25 could not be achieved as effectively by measures less restrictive of intra-Community trade. - Sale of milk for infants exclusively in pharmacies03) The Court found that legislation which had the effect of restricting the commercial freedom of traders without bearing on the characteristics of the products in question was concerned with selling arrangements; the rules in question prohibited the marketing of processed milk for infants except in pharmacies and thereby determined in a general manner in which retail outlets it may be sold. - Presentation of a product likely to restrict freedom to set retail prices and mislead the consumer*14) The Court held that the decision by the German authorities to prohibit the marketing of a product bearing a publicity marking was a measure with equivalent effect to a quantitative restriction within the meaning of Article 30, even though it applied without distinction to all products. The ban covered the release for free circulation in one Member State of products bearing a publicity marking that was used lawfully in other Member States. It was therefore likely to hinder intra-Community trade since it might compel the importer to change the presentation of his products according to the place where they are to be marketed and consequently to incur additional packaging and advertising costs. By routinely applying the criteria laid down in Keck and Mithouard, the Court has clearly excluded a number of national rules from the scope of Article 30. 2. 2. 1. 2. The preventive rules of Directive 83/189/EEC The notification procedure of Directive 83/189/EEC, as amended by Directive 88/182/EEC, is an essential tool for preventing barriers to trade from being raised and for sharing information. Member States are required to notify drafts of new technical regulations for vetting. The procedure does not cover technical regulations issued to implement directives. The Commission received 382 drafts of technical regulations/15) which were scrutinized by the relevant departments. This figure compares with 385 in 1993 and 389 in 1994(16) - clear evidence that, despite the completion of the internal market at the end of 1992, Member States are (13) (14) (15) (16) Case C-391/92 [1995] ECR 1-1621 Gudgment given on 29 June 1995). Case C-470/93 [1995] ECR 1-1923 Gudgment given on 6 July 1995). This was the figure at 16 November 1995. These figures are for the twelve old Member States only. If notifications by the three new Member States are included, the figures are 438 in 1993 and 442 in 1994. 26 still adopting large numbers of technical regulations which could undermine the single market and the integrity of the benefits it has brought to all sectors of the economy. to the measure Of the 382 drafts received, 41 required a detailed opinion0 7) recommending infringements of secondary to eliminate changes Community legislation or to debar the establishment of new barriers to trade. For their part, the Member States issued 43 opinions/15) In three cases0 5) the Commission had to ask the Member State for a one-year postponement of the measures as it intends to propose harmonization directives. However, there were no cases in which measures had to be postponed because of an overlap with a draft directive or regulation already before the Council. Since 1989 the Commission has been monitoring compliance with the notification requirement by routinely scrutinizing the official gazettes of all the Member States. When it discovers a breach of Directive 83/189/EEC, it commences infringement proceedings under Article 169 of the EC Treaty. In 1995 some 2240 national laws were examined, of which about 30% were technical rules which had not been notified under the Directive or fell outside its scope. After careful study to see whether these rules should be notified under the Directive, the Commission commenced 31 infringement proceedings and referred two cases to the Court of Justice. 2. 2. 2. Progress in implementing directives on the free movement of goods 2. 2. 2. 1. Foodstuffs The Commission examined around twenty cases where directives and regulations in this area were incorrectly applied. All of these cases were the subject of an informal exchange of letters between the relevant infringement Commission departments and national authorities. No proceedings have yet been commenced in them. Some of the infringements concern the incorrect application of Directive 79/112/EEC on the labelling of foodstuffs, as in the following example: Directive 79/112/EEC lays down an exhaustive list of information which must be indicated on the labels of foodstuffs (sales description, list of ingredients, net quantity, etc. ). However, a Member State may deem it necessary to impose new labelling indications, which are not laid down by the Directive, in order to provide better information for consumers. Since a unilateral obligation of this kind may constitute a barrier to trade between the Member States, Directive 79/112/EEC provides that the Member State must notify the Commission and the other Member States (17) This was the figure for drafts which had to be notified before 16 November 1995. 27 of its proposed measure. The Commission then scrutinizes the draft and may oppose its adoption. During the year, two Member States were in breach of Community law for failing to follow the notification procedure laid down in the Directive. 2. 2. 2. 2. Progress in implementing directives applicable to foodstuffs MEMBER STATE Directives applicable on 31. 10. 1995 BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 78 n n n 78 78 n 78 78 n 78 78 78 78 78 Directives for which measures have been notified 73 73 72 73 rt 6% 70 68 74 77 54 72 68 71 74 % 92 92 92 92 92 87 90 87 95 99 69 92 87 91 95 Note: this table concerns Directives 62/2645, 64/54, 65/66, 67/427, 70/357, 73/241, 73/437, 74/329, 74/409, 75/726, 76/118, 76/621, 77/436, 78/142, 78/663, 78/664, 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, 83/463, 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, 93/111, 94/35, 94/36, 94/52, 94/54. 2. 2. 2. 3. Pharmaceutical products Implementation has improved, however the main problem is with the homéopathies Directives. There are also some general problems concerning the interpretation of Directives 65/65/EEC and 75/319/EEC, in so far as these Directives impact on the new legal framework established by Regulation (EEC) No 2309/93 and Directives 93/39/EEC, 93/40/EEC and 93/41/EEC. The particular issues are: (i) definitions for a medicinal product and for a borderline product, and (ii) abridged applications for a Marketing Authorization for a medicinal product essentially similar to one already authorized. To address these issues and the increasing complexity of the Directives, due to the fact that the more recent legislation modifies earlier Directives, all of the pharmaceutical legislation, both human and veterinary will be 28 Consolidated. The consolidation will increase the clarity of the legislation and ultimately the effectiveness of its implementation. 2. 2. 2. 4. pharmaceuticals Progress in implementing directives applicable to MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 10. 1995 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 Directives for which measures have been notified 29 33 30 32 31 26 27 32 28 31 23 29 31 33 34 % 85 97 88 94 91 76 79 94 82 91 68 S5 91 97 100 Note: this table concerns Directives 65/65, 75/318, 75/319, 78/25, 80/342, 81/851, 81/852, 83/570, 87/19, 87/20, 87/21, 87/22, 88/320, 89/105, 89/341, 89/342, 89/343, 89/381, 90/&!, 91/356, 91/507, 90/676, 90/677, 91/412, 92/18, 92/25, 92/26, 92/27, 92/28, 92/73, 92/74, 93/39, 93/40, 93/41. 2. 2. 2. 5. Chemicals There are no particular problems in the application of directives in this sector. The number of infringement proceedings commenced for failure to notify national implementing measures or for incorrect implementation remains small. The harmonization of restrictions on the use of dangerous substances was the first field in which Member States requested derogations under Article 100a(4) of the Treaty, the purpose being to maintain national legislation which sets more stringent protection standards than those laid down in the various directives amending the basic Directive 76/769/EEC. The Commission received requests for derogations from Germany, the Netherlands and Sweden concerning restrictions on the use of creosote time Directive under Directive 94/60/EC amending 76/769/EEC on restrictions on the marketing and use of certain dangerous substances. It had already received requests from Denmark and the Netherlands concerning pentachlorophenol, which are still being examined by the relevant departments. the 14th for 29 2. 2. 2. 6. Progress in implementing directives applicable to chemicals MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 10. 1995 46 46 46 46 46 46 46 46 46 46 46 46 46 46 46 Directives for which measures have been notified 3$ 43 35 39 42 38 42 37 41 44 39 36 45 45 37 % S3 94 76 89 92 83 91 80 89 96 85 78 98 98 80 Note: this table concerns Directives 73/404, 73/405, 76/116, 76/769, 77/535, 78/631, 79/138, 79/663, 80/876, 81/187, 82/242, 82/243, 82/806, 82/828, 83/264, 83/478, 84/291, 85/467, 85/610, 87/94, 87/566, 88/126, 88/183, 88/379, 89/178, 89/284, 89/519, 89/530, 89/677, 89/678, 90/35, 90/492, 91/155, 91/173, 91/338, 91/339, 91/442, 91/659, 92/109, 93/1, 93/15, 93/18, 93/46, 93/69, 94/60, 95/8. 2. 2. 2. 7. Motor vehicles, tractors and motorcycles The transposai of directives in this field is trouble-free. The only delays in incorporation into national law are in Belgium and Finland. Given the detailed, technical nature of the motor vehicle provisions, many Member States routinely refer in their national legislation to the text published in the Official Journal, which in practice facilitates and speeds up the transposai process and scrutiny for conformity with Community law. There are delays, but they rarely exceed a few months and generally arise because the deadline for transposing the directive comes soon after the date of adoption. the deadline for transposai. Infringements Most of the cases examined for failure to notify were terminated as notification of national implementing measures was received a few months involving incorrect after implementation are rare and generally resolved after an Article 169 letter has been sent. Of the four infringement proceedings pursued this year, two involved purely technical problems and were terminated within one year of the complaint being lodged, while the other two, concerning the 30 disputed application of in conjunction with Articles 30 and 36 of the Treaty, are still being examined. the directives on pollutant emissions, 2. 2. 2. 8. vehicles, tractors and motorcycles Progress in implementing directives applicable to motor MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 176 176 176 176 176 176 176 176 176 176 176 176 176 176 176 Directives for which measures have been notified 158 175 175 171 175 174 175 175 174 172 171 171 157 172 171 % 89 M 99 97 $$ 98 99 99 98 97 97 97 89 97 97 this table concerns Directives 70/156, 70/157, 70/220, 70/221, Note: 70/222, 70/311, 70/387, 70/388, 71/127, 71/320, 72/245, 72/306, 73/350, 74/060, 74/061, 74/132, 74/150, 74/151, 74/152, 74/290, 74/297, 74/346, 74/347, 74/408, 74/483, 75/321, 75/322, 75/443, 75/524, 76/114, 76/115, 76/432, 76/756, 76/757, 76/758, 76/759, 76/760, 76/761, 76/762, 76/763, 77/102, 77/143, 77/212, 77/311, 77/389, 77/536, 77/537, 77/538, 77/539, 77/540, 77/541, 77/649, 78/315, 78/316, 78/317, 78/318, 78/507, 78/547, 78/548, 78/549, 78/632, 78/665, 78/764, 78/932, 78/933, 78/1015, 79/488, 79/489, 79/490, 79/532, 79/533, 79/622, 79/694, 79/795, 79/1073, 80/233, 80/720, 80/780, 80/1267, 80/1268, 80/1269, 80/1272, 81/333, 81/334, 81/575, 81/576, 81/577, 81/643, 82/244, 82/318, 82/319, 82/890, 82/953, 83/190, 83/276, 83/351, 84/008, 84/372, 84/424, 85/205, 85/647, 86/297, 86/298, 86/415, 86/562, 87/056, 87/358, 87/402, 87/403, 87/405, 88/076, 88/077, 88/194, 88/195, 88/297, 88/321, 88/366, 88/410, 88/411, 88/412, 88/413, 88/414, 88/436, 88/465, 89/173, 89/235, 89/277, 89/278, 89/297, 89/458, 89/491, 89/516, 89/517, 89/518, 89/680, 89/681, 89/682, 90/628, 90/629, 90/630, 9Ï/226, 91/328, 91/422, 91/441, 91/542, 91/662, 91/663, 92/021, 92/022, 92/023, 92/024, 92/053, 92/062, 92/097, 92/114, 93/059, 92/061, 93/14, 93/81, 93/91, 93/116, 93/29, 93/30, 93/31, 93/32, 93/33, 93/34, 94/12, 94/20, 94/53, 94/68, 94/78, 95/54. 31 2. 2. 2. 9. Construction products The Commission has commenced an action in the Court of Justice against Belgium, the only Member State not to have notified national measures implementing Directive 89/106/EEC. There are also particular problems in Austria due to its federal structure (the Lander have the power to incorporate Community rules into their own legislation, but not all of them have done so). The Commission now uses the mechanism laid down in that Directive to follow up complaints on obstacles 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. prepackaging, measuring equipment, electronics and medical devices Mechanical engineering, personal protection equipment, Most directives in this field come under the "new approach". They confine themselves to setting fundamental safety requirements and introduce machinery for authorizing the marketing and free movement of safe appliances in the Community. The rate of transposai is satisfactory, considering the technical complexity of the directives. In most cases outstanding delays in transposai are due to the national legislative process, federal administrative structures and problems in the interpretation of texts. Despite these delays and the fact that transposai is sometimes incomplete, there are no obstacles to the free movement of products which comply with the directives. 32 Progress 2. 2. 2. 11. to mechanical engineering, personal protection equipment, prepackaging, measuring equipment, electronics and medical devices implementing directives applicable in MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1994 92 92 92 92 92 92 92 92 92 92 92 92 92 92 92 Directives for which measures have been notified 88 92 88 89 88 89 89 85 89 91 85 90 90 89 90 % 96 100 96 96 96 96 96 92 96 99 92 98 98 96 98 this table concerns Directives 69/493, 71/316, 71/317, 71/318, Note: 71/319, 71/347, 71/348, 71/349, 72/427, 73/23, 73/360, 73/361, 73/362, 74/148, 74/331, 75/33, 75/106, 75/107, 75/324, 75/410, 76/117, 76/211, 76/434, 76/696, 76/764, 76/765, 76/766, 76/767, 76/891, 77/95, 77/313, 78/365, 78/629, 78/891, 78/1031, 79/196, 79/830, 79/1005, 80/181,80/232, 82/621, 82/622, 82/623, 82/624, 82/625, 83/128, 83/575, 84/47, 84/414, 84/525, 84/526, 84/527, 84/528, 84/529, 84/532, 84/539, 85/1, 85/10, 85/146, 86/96, 86/217, 86/295, 86/296, 86/312, 86/663, 87/354, 87/355, 87/356, 87/404, 88/316, 88/571, 88/665, 89/240, 89/336, 89/392, 89/617, 89/676, 89/686, 90/384, 90/385, 90/396, 90/486, 90/487, 90/488, 91/368, 92/31, 93/44, 93/95, 93/42, 94/1, 94/9, 94/26. 33 2. 2. 3. Free movement of persons, right of establishment and voting rights 2. 2. 3. 1. Ending discrimination Infringement proceedings are under way against a number of Member States concerning the application of Regulation (EEC) No 1612/68 on the free movement of workers. The Court of Justice gave judgment in the case brought against Greece in 1994 regarding the conditions imposed on nationals of the other Member States wishing to teach a foreign language, with a view to ensuring equal access to this profession for all Community citizens. (18) The Commission has now commenced infringement proceedings against Greece under Article 171 for failing to implement the Court's decision. An action is still in progress before the Court against the Belgian legislation which discriminates against young job-seekers who have studied in another Member State, denying them the integration benefits which are a prior condition for access to certain jobs in Belgium. The Commission sent an Article 171 letter to the Belgian authorities following the judgment given by the Court concerning the withholding of finance for university studies from students from other Member States who are in Belgium solely for the purpose of studying there. (19) The Commission sent Belgium a reasoned opinion in another case concerning study grants for a government-sponsored exchange scheme between Belgium, Luxembourg and the United States. Two reasoned opinions have been sent to Greece - one for discrimination on the grounds of nationality in acknowledging the eligibility of large families for certain allowances and the other on conditions for access to the profession of medical specialist. The Commission also sent reasoned opinions to France concerning discrimination based on nationality for the granting of teacher training allowances and discrimination against early-retired frontier workers and to Germany for incorrect application of the Community rules on the residence of Community nationals. A reasoned opinion was sent to the United Kingdom for failing to accord social security benefits to a Community worker in the form of reductions in university entrance fees and study grants for his spouse. Infringement proceedings against Luxembourg were terminated after the Commission accepted that the new Luxembourg legislation on the granting of pre-natal and maternity benefits was consistent with Community law (18) (19) Case 123/94 [1995] ECR 1-1457 (judgment given on 1 June 1995). Case C-47/93 [1994] ECR 1-1593 Gudgment given on 3 May 1994). 34 the under Case C-l 11/91. terms of the Court's judgment on 10 March 1993 in In the tax field, the Court gave judgment in a case brought by the Commission against Luxembourg concerning the final payment of income tax by non-resident workers. The Court found in the Commission's favour. (20) Finally, the Commission sent an Article 171 letter to Belgium concerning the granting of certain social security benefits (minimum income, benefit for the disabled). (21) 2. 2. 3. 2. Entry and residence As regards right of residence, the Commission commenced an action against Germany for failure to notify measures implementing Directives 90/365/EEC (employees and self-employed persons who have ceased their occupational activity) and 90/364/EEC (persons not in active employment). It also sent a reasoned opinion to Germany for failure to notify implementing measures in respect of Directive 93/96/EEC. The Commission brought an action against Belgium because of discrimination in the conditions and detailed arrangements for issuing residence permits. (20) (21) Case C-l51/94 (judgment given on 26 October 1995). Case C-326 [1992] ECR 1-5517 Gudgment given on 10 November 1992). 35 Progress in implementing directives applicable to right of 2. 2. 3. 3. residence MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Directives for which measures have been notified 4 5 2 5 5 5 5 5 5 5 5 5 5 5 5 % 80 100 40 100 1ÔÛ 100 100 100 100 100 100 100 100 100 100 Note: this table concerns Directives 64/221, 73/148, 90/364, 90/365, 93/96. 2. 2. 3. 4. Right to vote and stand in elections Under Directive 93/109/EC, Union citizens residing in a Member State of which they are not nationals were able to vote and stand in elections to the European Parliament in June 1994. A report is being drawn up on the application of the Directive during these elections. On 17 September 1995 elections to the European Parliament were held in Sweden, with the participation of nationals of other Member States residing there. 2. 2. 3. 5. Trade union rights Following a judgment given by the Court concerning the right of foreign workers to stand for election in trade associations, Luxembourg enacted new legislation which is consistent with Community law. (22) (22) Case C-l 18/92 [1994] ECR 1-1891 Gudgment given on 18 May 1994). 36 2. 2. 3. 6. Access to employment in the public service For a number of years the Commission has been conducting a systematic campaign to open up four priority areas of the public service to workers from other Union countries (state education, civilian research, operational public health services and public bodies responsible for administering commercial services). (23) To this end it commenced several infringement proceedings. Cases are still in progress before the Court against Belgium, Luxembourg and France. There have been positive developments on the legislative front in Italy, where three laws have been passed, and Spain, which has adopted satisfactory legislation in all four areas. The Commission's systematic efforts in the priority sectors have rubbed off in other sectors - France and Germany, for example, have enacted legislation (in July 1991 and December 1993 respectively) whose scope is not confined to the priority areas but, in theory, covers the public service as a whole. 2. 2. 3. 7. Social security of migrant workers The United Kingdom authorities in Gibraltar decided to dissolve the Social Insurance Fund from 1 January 1994. Many of the persons affected by this decision are former migrant workers, from whom the Commission has received more than 6 500 complaints. Bearing in mind the principles of Community law at stake - i. e. equal treatment and the upholding of rights acquired and or in the process of free movement of workers being acquired (application of Regulation (EEC) No 1408/71) - and the consequences for freedom of movement within the Community, the Commission sent a reasoned opinion to the United Kingdom authorities. to guarantee in order 2. 2. 3. 8. Recognition of qualifications Cases decided by the Court of Justice In the most notable judgment given by the Court in this field, Italy was condemned for improper implementation of Directives 78/686/EEC and 78/687/EEC (dentists). (24) The following are noteworthy among the Article 171 cases for failure to comply with earlier Court of Justice judgments: (23) (24) See Commission communication, OJ No C 72, 18. 3. 1988, p. 2. Case C-40/93 [1995] ECR 1-1319 Gudgment given on 1 June 1995). 37 - - - A reasoned opinion was sent to Belgium for failing to comply with the judgment given on 16 May 1991 (Case C-l67/90) concerning the incorrect transposai of Directives 85/432/EEC and 85/433/EEC (pharmacists). In the case concerning private schools in Greece (frontistirid), the Greek authorities amended their legislation after two judgments given against them by the Court. In Case C-l47/86, 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. In a judgment given on 30 January 1992, Greece was condemned for a the newly-adopted second time (Case C-328/90). However, legislation Jias still not ended the Commission has therefore decided to recommence Article 17. 1 proceedings. the discrimination and Article 171 proceedings have also been commenced against Italy and France concerning the freedom of tourist guides to provide services. (25) Two other cases stand out: - - Following the judgment given against Spain in Case C-3 75/92 concerning the freedom of tourist guides to provide services,(26) some of the Autonomous Communities have adopted new decrees on the exercise of that profession. The Commission is now scrutinizing these measures to determine whether they comply with the Court's judgment. Greece has implemented the Court's judgment of 26 February 1991 on tourist guides, although a few minor problems have still be settled. National implementing measures On 3 August 1995 the Commission adopted Directive 95/43/EC amending Annexes C and D to Council Directive 92/51/EEC (second general system for the recognition of professional education and training). The Court of Justice condemned Greece (Case C-365/93)(27) and Belgium (Case C-316/94)(28) for failure to notify measures transposing Directive 89/48/EEC (first general system). However, the two countries have still not transposed the Directive and have been sent a letter reminding them of their obligations pursuant to the Court's judgments. (25) (26) (27) (28) Judgment given on 26 February 1991. Judgment given on 22 March 1994. Judgment given on 23 March 1995. Judgment given on 13 July 1995. 38 Infringement proceedings have been commenced against Greece, Belgium, Portugal, Ireland and the United Kingdom for failure to notify measures implementing Council Directive 92/51/EEC, which supplements Directive 89/48/EEC. Incorrect transposai and incorrect application of directives The Commission received around forty complaints concerning restrictions in breach of Articles 52 and 59 of the EEC Treaty and directives on the mutual recognition of professional qualifications. Some of these complaints gave rise to infringement proceedings, while others were shelved. The Commission pursued a number of proceedings already in motion against Member States for incorrect transposai or incorrect application of directives. For example: - - - - - a case concerning the transposai of Directive 89/48/EEC with regard to the teaching profession in Germany and France; a proceeding in motion against Germany concerning access to the dental profession (requirements not allowed by the dentist directives for admission to the social security register of dentists who hold non-German qualifications which conform to the directives); a case in progress against Spain - which also figured in last year's report - for admitting dentists with qualifications obtained in Latin America at a level far below the directive's requirements; a proceeding against the Spanish legislation implementing the architects Directives, which lays down restrictions on the maximum period during which services may be provided in Spain; new infringement cases relating to Directive 89/48/EEC, including one against Spain for incomplete transposai as regards the aptitude test for lawyers and another against Italy for failing to observe the procedural guarantees laid down in the Directive. The Commission decided not to pursue complaints against France and the Netherlands, after they ended discrimination against lawyers trained in another Member State. 39 2. 2. 3. 9. recognition of qualifications Progress in implementing directives applicable to MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 Directives for which measures have been notified 58 63 61 59 61 61 60 61 63 63 61 58 62 62 63 % 92 too 97 94 97 97 95 97 too 1ÔÔ 97 92 98 98 1ÔÔ Note: this table concerns Directives 63/261, 63/262, 64/222, 64/223, 64/224, 64/227, 64/228, 64/229, 65/1, 66/162, 67/43, 67/530, 67/531, 67/532, 67/654, 68/192, 68/363, 68/364, 68/365, 68/366, 68/367, 68/368, 68/369, 68/415, 69/82, 70/451, 70/522, 70/523, 71/18, 74/556, 74/557, 75/362*, 75/363*, 75/368, 75/369, 77/249, 77/452, 77/453, 78/686, 78/687, 78/1026, 78/1027, 80/154, 80/155, 80/1057, 80/1273, 82/76, 82/470, 82/489, 85/384, 85/432, 85/433, 85/584, 85/614, 86/017, 86/457*, 89/048, 89/594, 89/595, 90/658*, 92/51, 94/38, 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) 2. 2. 3. 10. Independent commercial agents Directive 86/653/EEC on independent commercial agents has been transposed in all the Member States. 40 2. 2. 4. Freedom to provide services 2. 2. 4. 1. Broadcasting All the Member States have notified national measures to implement Directive 89/552/EEC (television without frontiers). The Commission is scrutinizing the relevant legislation of the new Member States. Following various initiatives by the Commission, solutions seem to be in sight for most of the problems in transposai (ambiguities in the drafting of national measures or mistakes in interpretation). However, problems of substance still remain with Belgium and the United Kingdom concerning Article 2 (prior controls on programmes broadcast from another Member State and failure to respect the hierarchy of criteria determining the jurisdiction of a Member State) and Articles 4 and 5 on the promotion of European works (licensing in the United Kingdom of broadcasting companies which do not comply with these provisions). The Commission keeps a constant watch to ensure that the provisions of the Directive are effectively and correctly applied. Following a number of complaints, it paid particular attention to the effective application of the rules on advertising and sponsorship and the protection of minors. 2. 2. 4. 2. Telecommunications frequencies All the Member States have notified national measures implementing the three directives on (GSM), 90/544/EEC (Errnes) and 91/287/EEC (DECT). After examining the measures notified, the Commission is satisfied that they are consistent with Community law. It has now begun scrutinizing the measures notified by the new Member States (Austria, Finland and Sweden). - Directives 87/372/EEC Some Member States have still not implemented Decision 91/396/EEC on the introduction of "112" as the standard emergency services number throughout the Union. Under Article 2 of the Decision, Member States are required to introduce the new number in parallel with any other existing national emergency number by 31 December 1992. Seven Member States (Germany, Austria, Belgium, Denmark, Finland, Luxembourg and the United Kingdom) have adopted measures implementing the Decision. Technical and financial problems have prompted five others (France, Ireland, Italy, the Netherlands and Sweden) to ask the Commission for a derogation until 31 December 1996. (29) In Spain, Greece and Portugal, introduction of the new number has been hampered by administrative problems (responsibility shared between different Ministries). Ten Member States (Germany, Belgium, Denmark, Greece, Luxembourg, Ireland, Italy, the Netherlands, Portugal and the United Kingdom) have already introduced "00" as the standard code for access to the international (29) In accordance with Article 3 of the Decision. 41 network in the Community, in accordance with Decision 92/264/EEC. France has notified the Commission of technical and organizational problems in adopting the standard access code and asked for an extension of the deadline under Article 3(2) of the Decision. Austria, Finland and Sweden notified the ESA that they would require extra time to implement the Decision (until December 1997, October 1996 and the end of 1998 respectively). Spain has still supplied no information on implementation of the Decision. All the Member States have now transposed the framework Directive 90/387/EEC on open network provision (ONP), which sets out the general principles on access to public telecommunications networks and services, thereby guaranteeing harmonized specifications that are clearly defined and recognized throughout the Union. The Commission has scrutinized the national measures notified by ten Member States (Belgium, France, Germany, Denmark, the Umted Kingdom, Portugal, Spain, Italy, Ireland and the Netherlands) transposing the first specific ONP Directive, Directive 92/44/EEC. The measures notified by France, the United Kingdom and Denmark are consistent with Community law, while the others fail to transpose the whole Directive. Infringement proceedings are in motion (or will be commenced) against the Member States concerned. The notifications from Austria, Finland and Sweden are still being examined by the Commission. The Court of Justice found that, by not adopting transposai measures, Luxembourg and Greece had failed to fulfil their obligations under Article 189 of the EC Treaty. (30) The Court was also asked to give a preliminary ruling under Article 177 of the Treaty concerning the application of the Directive in the United Kingdom. (31) This will be an opportunity for the Court to define the scope of the Directive and interpret some of its provisions (Articles 3 to 10). The basic Directive on the harmonization of telecommunications terminal equipment (Directive 91/263/EEC) is a framework law providing for the adoption of common technical rules for its implementation. Five Member States have implemented the entire Directive (Denmark, France, Italy, Portugal and the United Kingdom), while the notifications from Germany, Spain and the Netherlands are incomplete. Infringement proceedings have been commenced against all three States. Scrutiny of the national implementing measures notified by Austria, Finland and Sweden is under way. (30) (3D Cases C-220/94 [1995] ECR 1-1589 (judgment given on 15 June 1995) and 259/94 [1995] ECR 1-1947 (judgment given on 6 July 1995). Case C-302/94 - BT. 42 The Court of Justice condemned Belgium and Greece for failure to notify national measures incorporating the obligations flowing from the Directive into national law. (32) Directive 91/263/EEC was amended by Article 11 of Directive 93/68/EEC on the standardization of the symbols and rules for marking products in the Community. So far four Member States have notified the Commission of new implementing measures on marking (Denmark, France, Portugal and the United Kingdom). Directive 93/97/EEC extending the scope of Directive 91/263/EEC to the equipment of ground satellite tracking stations entered into force on 1 May 1995. Seven Member States (Germany, Denmark, Finland, France, the Netherlands, the United Kingdom and Sweden) have notified the Commission of national measures transposing the new Directive. 2. 2. 4. 3. telecommunications. Progress in implementing directives applicable to MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 Directives for which measures have been notified 5 7 7 4 6 7 5 6 4 7 6 6 7 7 7 ' % 71 100 100 57 86 100 71 86 57 100 86 86 100 100 100 Note: this table concerns Directives 87/372, 90/387, 90/544, 91/263, 91/287, 92/044, 93/097. (32) Case C-218/94 [1995] ECR 1-1089 Gudgment given on 5 May 1995) and Case C-260/94 [1995] ECR 1-2603 (judgment given on 11 August 1995). 43 2. 2. 4. 4. Financial services Dialogue with the national authorities As a means of consolidating administrative cooperation and resolving problems quickly, the Commission maintained regular contacts with the national authorities through institutional committees (Banking Advisory Committee, Insurance Committee, UCITS - Undertakings for Collective Investment in Transferable Securities - Contact Committee), ad hoc interpretation groups (the banking Directives group, the insurance group and the capital adequacy Directive group, etc. ) and high-level working parties (HLSSC - High-Level Security Supervisors Committee - for negotiable securities). Article 169 letters and reasoned opinions - - the insurance field, the Commission new proceedings. In commenced infringement proceedings in 13 new cases for breaches of Articles 52 and 59 of the Treaty and directives (six cases following complaints and seven detected by the Commission itself). In the banking sector the Commission opened four proceedings (two based on formal complaints and two detected on its own initiative) and shelved five complaints without taking further action. It is worth noting that the number of proceedings formally commenced in 1995 was considerably higher than in 1994; reasoned opinions. Many infringement proceedings have reached the reasoned opinion stage. Most of them (though not all, as will be seen) are concerned with failure to notify national implementing measures in the insurance field. The following cases are particularly noteworthy - - Luxembourg was sent a reasoned opinion for failing to bring its legislation on insurance brokers into line with Article 59 of the Treaty. The main point at issue is that the Luxembourg legislation requires directors, general representatives, inspectors, agents and brokers and any other person performing insurance operations to thereby effectively preventing be resident individuals from exercising the freedom to provide services; in Luxembourg, as regards the transposai of Directives in the insurance field, infringement proceedings are in progress against Spain, Ireland, and Greece for failure to notify measures implementing Directive 91/3 71/EEC (Agreement with Switzerland) and against Italy, Belgium, Greece and Spain for failure to notify measures in respect of Directive 91/674/EEC (annual and consolidated accounts of insurance undertakings); 44 - - - its turning to banking, the Commission sent two reasoned opinions to implementing Directives legislation Germany because 92/121/EEC (large exposures of credit institutions) and 92/30/EEC (consolidated supervision) did not come into effect until 31 December 1995, i. e. respectively two and three months after the deadline for transposai; although most Member States have already notified national measures implementing Directives 92/49/EEC and 92/96/EEC (third non-life and life assurance Directives), this does not mean that transposai or application is perfect. In several cases the national legislation is incomplete or incorrect. For example, in legislation which December 1995 Spain notified framework transposes only part of Directives 90/232/EEC, 91/371/EEC, 91/674/EEC, 90/618/EEC (vehicle insurance), 90/619/EEC (second life assurance Directive), 92/49/EEC and 92/96/EEC. Consequently, none of the infringement proceedings in motion against Spain has been terminated; finally, the Commission terminated cases against various Member States for failure to notify measures implementing the following Directives - 91/308/EEC on money laundering and 90/619/EEC (Ireland), 91/371/EEC, 92/96/EEC and 92/49/EEC (Belgium), 92/96/EEC and 92/49/EEC (Italy, Luxembourg and Ireland), 91/674/EEC and 91/308/EEC and 92/30/EEC (Greece). (Denmark, Luxembourg and Germany) The Court has not yet given judgment in the action brought by the Commission against Italy concerning financial intermediaries/33* the SIM Act on In a judgment given on 14 November 1995, the Court found that the Luxembourg legislation whereby interest subsidies on building loans are available only if the loan is given by a credit establishment accredited in Luxembourg was incompatible with Community law. (34) Greece was condemned by the Court for failing to transpose Directives 90/618/EEC, 90/619/EEC and 88/357/EEC (2nd non-life insurance Directive). (35) Spain has still not implemented judgments given by the Court in 1994 for failure to transpose Directives 90/618/EEC, 90/619/EEC and 90/232/EEC. Finally, on 10 May 1995 the Court gave a preliminary ruling in an action between a Dutch firm and the Netherlands. The Court held that national (33) (34) (35) See 10th, 11th and 12th Reports. Case C-484/93, see 12th Report (1994). Joined Cases C-l 09/94, C-209/94 and C-225/94 Gudgment given on 29 June 1995). 45 legislation prohibiting the practice of cold calling in order to protect the confidence of investors in the national market was not incompatible with Article 59 of the Treaty. (36) Cases before the Court The Commission submitted its comments in connection with two requests for preliminary rulings. The first case (C-238/94) concerns the application of Directive 92/49/EEC to insurance incorporated in a legal social security scheme. The second (C-222/95) concerns a Member State's right, before the entry into force of the second banking Directive (89/646/EEC), to require a Community credit establishment already accredited in its country of origin to obtain further accreditation in order to enjoy the freedom to provide services on its territory. Progress in implementing directives applicable to financial 2. 2. 4. 5. services MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 Directives for which measures have been notified 39 40 40 33 34 40 • 40 38 40 41 39 41 40 39 41 % 90 93 93 16 SO 93 93 88 93 95 90 95 93 90 95 Note: this table concerns Directives 64/225, 72/166, 73/183, 73/239, 77/92, 77/780, 78/473, 79/267, 79/279, 80/390, 82/121, 84/5, 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. (36) Case C-389/93 [1995] ECR 1-1141, see 12th Report (1994). 46 2. 2. 5. Free movement of capital Commission monitoring of the situation regarding the movement of capital within the Union showed that the situation in this area is basically satisfactory. Community law has been transposed by all Member States and transitional derogations have lapsed. There is evidence that economic agents are taking advantage of the elimination of restrictions on the movement of capital and the increasing openness of Member States' financial markets. Cross-border flows of capital within the Union as well as capital flows vis-à-vis non-member countries have risen considerably in recent years. While the basic legislative texts have been in place for quite some time, there remain a number of impediments to the free movement of capital. Although, in most cases, they do not take the form of outright restrictions, their impact on effective capital mobility and financial integration may be important. Such impediments can take the form of conditions for the admission of securities to domestic capital markets, constraints on investment, provisions in privatization laws designed to maintain control over privatized companies and constraints on investment abroad by institutional investors which are not justified by prudential rules. Action has been taken by the Commission to eliminate such impediments both by consulting with the Member States concerned and, where necessary, by sending letters of formal notice to national authorities. Where no remedial action was taken, the Commission has proceeded to the next stage of infringement proceedings, the reasoned opinion. Reasoned opinions have been addressed to the following Member States: Germany, concerning the prohibition on acquisition of Federal savings bonds by foreigners, Italy, concerning the prohibition on the physical export of means of payment above LIT 20 million, Portugal, concerning restrictions on the participation of foreigners in privatized companies and Spain, concerning authorization requirements for the physical export of means of payment for amounts exceeding PTA 5 million. The Treaty on European Union introduced a new regime regarding capital movements and payments. With effect from 1 January 1994, Articles 73b to 73g of the new Treaty (Chapter 4 - Capital and Payments) replaced Articles 67 to 73. The freedom of capital and payments is now a directly applicable right and secondary legislation is no longer necessary. The new regime also extends the obligation to liberalize to non-member countries, with limited exceptions. 47 This year the Court of Justice gave the following rulings directly concerning capital movements: - Bordessa and Mellado (Joined Cases 358/93 and 416/93, judgment given on 23 November 1995) The Court ruled that an authorization requirement for the export of means of payment would cause the exercise of the free movement of capital to be subject to the discretion of the administrative authorities and thus render that freedom illusory. It might therefore have the effect of impeding capital movements carried out in accordance with Community law. In contrast, a declaration requirement would allow national authorities to exercise effective supervision in order to prevent infringements of their laws and regulations without impeding the free movement of capital; - Sanz de Lera, Diaz Jimenez, Kapanoglu (Joined Cases 163/94, 165/94 and 250/94, judgment given on 14 December 1995) In line with its ruling in Bordessa, the Court stipulated that authorization requirements for the export of means of payment to non-member countries are incompatible with the provisions of the Treaty on the free movement of capital. The ruling also confirmed the direct applicability of Treaty provisions on capital and payments; - Svensson (Case C-484/93, judgment given on 14 November 1995) The Court held that provisions implying that a bank must be established in a Member State in order for recipients of loans residing in its territory to obtain an interest-rate subsidy from the State out of public funds are liable to dissuade those concerned from approaching banks established in another Member State, and therefore constitute an obstacle to the movement of capital such as bank loans. They are also incompatible with Treaty articles on freedom to provide services. Article 104 (monetary financing) Article 104 of the Treaty deals with the prohibition of direct central bank financing to the public sector. Overdraft facilities or any other type of credit facility with central banks in favour of Community institutions or Member States' authorities and other bodies governed by public law are prohibited, as is the direct purchasing of debt instruments from these authorities. Council Regulation (EC) No 3603/93, which entered into force at the beginning of Stage II of EMU (1 January 1994), further specifies the content of Article 104. It states, inter alia, that stocks of debt existing on 31 December 1993 with a fixed maturity may be carried over and that central banks can purchase government debt instruments on the secondary 48 market. Furthermore, it provides for limited exemptions for certain practices implying central bank financing such as intra-day credit, collection of cheques issued by third parties to the public sector's account, the holding of a limited amount of coins, or credits in the fulfilment of international monetary obligations. Concerning the implementation of these provisions, due to the short time between the entry into force of the Treaty on European Union in November 1993 and the beginning of Stage II of EMU in January 1994, some Member States had not adjusted their legislation at the beginning of Stage II. In the meantime, however, the Member States have complied with Article 104 and Regulation (EC) No 3603/93, except for some minor technical adjustments still pending. Article 104a (privileged access) Article 104a concerns the prohibition on privileged access of the public sector to financial institutions. Privileged access is the availability of funds from financial institutions to the public sector at conditions not available in a free market. The purpose of prohibiting it is to submit the public sector in its borrowing behaviour to the same constraints as the private sector. Council Regulation (EC) No 3604/93 specifying the definitions for the application of the prohibition entered into force on 1 January 1994. Terms specified therein include privileged access, public-sector prudential considerations and financial institutions. Privileged access to financial institutions goes beyond the simple obligation to acquire or hold public-sector liabilities. Indirect measures such as tax or financial advantages targeted at financial institutions and not compatible with the principles of a market economy are also forbidden. At present, there are no particular cases of non-compliance pending. 2. 2. 6. Company law Apart from the cases listed below where no measures have been notified, and a few problems with incorrect -implementation, the seriousness of which has still to be determined, no particular difficulties have arisen in the transposai of directives in this field. The Commission has brought an action against Germany for incorrect application of Directives 68/151/EEC (companies register) and 78/660/EEC (annual accounts). 'About 90% of German private limited companies are refusing to publish their accounts by depositing them with the companies register, as required by the Directives and the German legislation transposing them. The Commission has commenced another action in the Court against Germany for failure to notify national measures implementing Directive 49 90/605/EEC (amending the scope of the Directives on annual accounts and consolidated accounts). Reasoned opinions were sent to Greece, Ireland, Portugal 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). Progress in implementing directives applicable to company 2. 2. 6. 1. law MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 12 12 n 12 \2 12 12 12 \2 Y2 12 12 12 12 12 Directives for which measures have been notified 12 12 11 11 12 12 11 11 - 11 12 1 11 1 11' 12 % 100 1ÔÔ 92 92 100 100 92 100 92 100 8 92 8 100 10Ô Note: this table concerns Directives. 68/151, 77/091, 78/660, 78/855, 82/891, 83/349, 84/253, 89/666, 89/667, 90/604, 90/605; 92/101. Directive 82/891/EEC does not apply. 2. 2. 7. Intellectual and industrial property Only one directive has been adopted in this field - Directive 89/104/EEC on trade marks. Under its provisions the registration of a trade mark confers on its owner exclusive rights allowing him to prohibit its use for commercial purposes by a third party without his consent. The harmonization of Member States' legislation on national t±ade marks is not comprehensive, but confined to certain aspects which have a direct impact on the functioning of the internal market. Outside these harmonized fields, to lay down arrangements best suited to their traditions. the Member States retain complete freedom 50 The scope of harmonization is defined by the Directive as follows: Registered trade marks only: arrangements for protecting trade marks resulting from usage are left up to the Member States. All categories of registered trade marks recognized by national legislation: trade marks in respect of products or services, individual trade marks, collective marks and guarantee or certification marks. This does not mean that the Member States are required to introduce these various categories of trade marks into their legislation. Trade marks which have been registered under international arrangements but have effect in the Member States. The Directive covers only substantive law on registered trade marks; none of its provisions is aimed at harmonizing procedures. The deadline for transposai was initially 28 December 1991, but was extended until 31 December 1992. Ten Member States, including Austria, Finland and Sweden, have transposed the Directive. The Spanish authorities notified the Commission of transposai even before the Directive had been adopted. Despite the relatively generous deadline, four Member States have still not notified national implementing measures: Belgium, Luxembourg, Ireland infringement and the Netherlands. The Commission proceedings accordingly. is pursuing There are other serious problems with the Benelux countries: the "uniform Benelux legislation" does not establish the principle of "confusion", a vital prerequisite for commencing an action for infringement if a similar trade mark is used on the market. Copyright and related rights In November 1995 Greece enacted legislation to comply with Community law in response to infringement proceedings for incorrect transposai of Directive 87/54/EEC on the legal protection of topographies of semiconductors. Luxembourg has remedied its failure to adopt measures implementing Directive 91/250/EEC on the legal protection of computer programs. All the Member States have now transposed the Directive. Directive 92/100/EEC (lending right and certain rights related to copyright in the intellectual property field) requires Member States to give effect to its provisions by 1 July 1994. However, Ireland, Luxembourg, the Netherlands, Portugal and the United Kingdom have yet to incorporate it into national law. Consequently, the Commission has commenced infringement proceedings against all five States. 51 The deadline for transposing Directive 93/83/EEC (coordination of certain rules on copyright and related rights applicable to satellite broadcasting and cable retransmission) expired on 1 January 1995. Only Belgium, Denmark, Spain, Finland and Sweden have adopted the requisite measures; the Commission has sent Article 169 letters to the other Member States. Directive 93/98/EEC on the term of protection of copyright and certain related rights requires the Member States to give effect to its provisions by 1 July 1995. Implementing measures have been adopted in Belgium, Denmark, Germany, Spain, Greece, Ireland, Finland and Sweden. The Commission has taken appropriate action against the other Member States. Progress 2. 2. 7. 1. intellectual and industrial property in implementing directives applicable to MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 Directives for which measures have been notified 5 6 5 5 6 4 3 4 2 2 4 3 6 6 3 % 83 iôô S3 83 iôô 67 50 61 33 33 61 50 iôô 100 5ô Note: this table concerns Directives 87/54, 89/104, 91/250, 92/100, 93/83, 93/98. 2. 2. 8. Public procurement Now that the new consolidated directives in 1994 (Directives 93/36/EEC (supplies), 93/37/EEC (excluded service sectors(37)) are in force, it should be much easier for the Commission to monitoring their application, to which it will pay the fullest attention. (works) and 93/38/EEC (37) Water, gas and electricity. 52 Twelve Member States failed to meet the deadlines of 14 June and 1 July 1994 respectively for the transposai of Directives 93/36/EEC and 93/38/EEC (in the latter case Greece, Portugal and Spain were allowed longer periods, as for Directive 90/531/EEC). There are also serious delays in the implementation of some older directives, in particular 92/50/EEC (services) and 92/13/EEC (review procedures in excluded sectors). The Commission handled 26 infringement cases concerning failure to notify national implementing measures. Scrutiny of measures which were notified revealed 14 new infringement cases for incorrect transposai, bringing the total number of cases pending in this category to 30. Some of these cases involve questions of principle which could undermine the liberalization of public contracts awarded in the Member States concerned. The situation regarding Directive 92/50/EEC is frankly alarming: five Member States (Belgium, Germany, Greece, France and Austria) have failed to notify national implementing measures and there is little prospect of them adopting legislation in the near future. The Commission pursued its scrutiny of measures relating to earlier directives (Directives 89/440/EEC (works) and 88/295/EEC (supplies), both of which have been amended): on 11 August 1995 the Court of Justice gave judgment in an action brought by the Commission against Germany (Case C-433/93). It also stepped up its monitoring of the practical application by the various awarding authorities in each Member State and continued its work of processing complaints and cases detected by its own investigations relating to suspected infringements of directives and Treaty articles on public procurement. These have increased by 50% in a year, no doubt because the application of the directives is gradually being extended and the most recent ones have just entered into force. Of the 238 cases processed this year (including 97 new cases), the Commission was able to settle 38 without having to let infringement proceedings run their full course. To this end, procedures have been established for dialogue and consultation (in particular through package meetings),(38) whereby Member States are offered any legal and technical assistance they require and agreement can be sought on possible solutions to outstanding disputes which conform to Community law. A few of these cases deserve special mention: In one Member State two local authorities had issued contract transport notices concerning systems, specifying that contractors must be members of the national transport organization and that its employees must have a introduction of specialized the (38) See also Section 2. 2. 1. 1. 53 level of training corresponding to the requirements laid down by that organization. These two requirements are contrary to Article 59 of the Treaty and Directive 92/50/EEC, as they reserve contracts for national firms. They were abolished by a notice published by the Commission in the Official Journal. Under the legislation of another Member State, contractors were required to accept a reduction in remuneration during the performance of a contract or face the prospect of termination of the contract or exclusion from other contracts. The legislation also provided that in future all public contracts would be subject to maximum reference prices. Since these measures would breach the general principles of proportionality, legitimate expectations and the public non-discrimination and various provisions of procurement directives, the Commission took the matter up with the national authorities, which agreed to suspend the application of the disputed rules and later repealed them and replaced them with new arrangements consistent with Community law. In a third Member State a public hospital had launched an invitation to tender for the supply of oil. At the award stage it rejected the tender of one supplier on the grounds that he had not submitted certificates concerning the manufacturers from whom supplies were obtained. Although there was no breach of Article 30 in this case, as the firm supplying the supplier was established in the State of the awarding authority, the rejection of the tender at the appraisal stage contravened the distinction drawn by the directives between the different stages in the procedure for awarding contracts (selection and award stages). After being contacted by the Commission, the national authorities undertook to adopt appropriate general measures to ensure that the problem does not recur in future. Four important cases decided by the Court of Justice are outlined below: Commission v Netherlands ,(39) On the question of the admissibility of the Commission's action, the Court ruled for the first time on the possible effect of the procedure provided for in Article 3 of Directive 89/665/EEC (review procedures) on the application of Article 169 of the Treaty. It held that the special procedure under Directive 89/665/EEC is a preventive measure which can neither derogate from nor replace the Commission's powers under Article 169 of the Treaty. That Article gives the Commission discretionary power to bring an action before the Court where it considers that a Member State has failed to fulfil one of its obligations under the Treaty and that the State concerned has not complied with the Commission's reasoned opinion (paragraph 13 of the grounds). (39) Judgment given pn 24 January 1995. 54 As regards the substance of the case, the Court held that the contract notice must contain information on the opening of tenders and on the persons authorized to attend that opening, as such information enables potential suppliers to discover the identity of their competitors and check whether they meet the selection criteria (paragraph 20 of the grounds). Referring to previous judgments, it also stated that failure to add the words "or equivalent" after a technical specification defined by reference to a particular trade mark constituted a breach of the supplies Directive and of Article 30 of the Treaty. Framework agreement for (Commission v Greece)m the supply of dressing material As regards the admissibility of the action, the Court held that the Commission had not breached the principle of equal treatment and noted that, in any event, if the Commission were always bound to satisfy itself with mere undertakings by the Member States to abide by Community law in future, this would provide the Member States with an easy way of protecting themselves against proceedings under Article 169 of the Treaty (paragraph 10 of the grounds). The Court also reiterated that Directive 89/665/EEC could neither derogate from nor replace the Commission's powers under Article 169 (paragraph 11 of the grounds). With regard to the substance of the case, the Court rejected the interpretation according to which a framework agreement concluded with six different firms is no more than a structure within which the value of each contract must be taken into account separately with a view to the application of the Directive (paragraphs 13 and 14 of the grounds). It held that the framework contract turned into a whole the various contracts which it governs and that the total value of those contracts must be taken into account (paragraph 15). Finally, the Court stressed that even if it were proven that only the six producers party to the framework agreement could supply the products in question, this fact would not constitute one of the circumstances which, under the Directive, allows the use of a negotiated procedure before advance publication of a notice. Public works contracts (Commission v. Italy)(*l) The Court was asked to assess the legitimacy of awarding by direct agreement a public contract for the construction of two sections of a road, much of which had already been completed. Confirming its strict interpretation of the provisions authorizing derogations from the rules intended to ensure that the rights conferred by the Treaty are effectively applied in public procurement, the Court held that to justify the use of a (40) (41) Judgment given on 4 May 1995. Judgment given on 18 May 1995. 55 direct agreement, the awarding authority would have to prove not only the existence of "technical reasons", interpreted in a restrictive manner, but also that these technical reasons made it absolutely essential that the contract be awarded to the firm chosen. Public works and supply contracts (Commission v Germany)i42) When the deadline laid down in the reasoned opinion expired, Directives 89/440/EEC (coordination of procedures for the award of public works contracts) and 88/295/EEC (public supply contracts) had been incorporated by the German authorities only into admimstrative instructions. The Court maintained its position in earlier judgments on directives: clear and precise provisions of directives have the effect of creating rights for individuals, who may rely on them before the national courts. Progress in implementing directives applicable to public 2. 2. 8. 1. procurement MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 11 11 11 8 (3 derogations) 9 (2 derogations) 11 11 11 11 11 11 8 (3 derogations) 11 11 11 Directives for which measures have been notified 6 11 8 5 7 8 11 10 11 11 7 8 11 11 10 % 55 1ÔÔ 73 63 7S 73 iôô 9i iôô Iôô 64 IÔÔ iôô iôô 91 Note: this table concerns Directives 71/305, 89/440 (consolidated by Directive 93/37/EEC), 77/62, 80/767, 88/295; 89/665, 90/531, 92/13, 92/50, 93/36 and 93/38. (42) Judgment given on 11 August 1995. 56 2. 3. Removal of tax barriers 2. 3. 1. Direct taxation terminated The Commission infringement proceedings against Luxembourg regarding the absence of tax relief for insurance premiums paid to foreign insurers. Like Germany,(43) Luxembourg has now extended the relief provisions to insurers from other countries. the After receiving numerous complaints, the Commission looked into the taxing of second homes in Spain. Although Spain was exercising its sovereign right to collect taxes under its own fiscal policy, the Commission succeeded in persuading the Spanish authorities to abolish the requirement in respect of tax representatives and to simplify tax returns. The various cases of discrimination against non-residents detected by the Commission in German tax legislation were nearly all settled by the annual Tax Act for 1996, which included amendments to take into account the judgment of the Court of Justice in Schumacker (Case C-279/93) and, in particular, to non-residents. Nevertheless, the Commission regrets that it had to wait for the Court's decision and that its own reasoned opinions had no effect. Infringement proceedings are continuing in another case where Germany appears to discriminate in its application of a disabled child allowance. the "splitting" system to extend In the field of company taxation, the Commission has examined the compatibility of national measures with the tax Directives 90/434/EEC (mergers) and 90/43 5/EEC (parent companies and subsidiaries), drawing on a study conducted by the International Bureau of Fiscal Documentation in Amsterdam. The Commission has submitted an interpretation of Article 3(2) of Directive 90/43 5/EEC - period during which holdings must be maintained by parent companies before subsidiaries may claim favourable treatment under the Directive - in three cases referred to the Court of Justice for a preliminary ruling under Article 177 of the Treaty: Cases C-283/94 Denkavit, C-291/94 VITIC and C-292/94 Voormeer. (43) See 12th Report (1994). 57 2. 3. 1. 1. taxation Progress in implementing directives applicable to direct MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Directives for which measures have been notified 4 4 4 3 4 4 4 4 4 4 4 4 3 4 4 % 100 1ÔÔ 1ÔÔ 75 1Ô0 iôô Iôô IÔÔ Iôô 100 iôô 100 75 100 Iôô Note: this table concerns Directives 69/335, 77/799, 90/434, 90/435. 2. 3. 2. Indirect taxation A rticles 95 and 96 of the Treaty Italy was sent a reasoned opinion following the confiscation of a vehicle which had been imported into and used in Italy in 1992 in breach of the rules on the temporary import of vehicles from other Member States. Since such a penalty is disproportionate and has no equivalent within the country, it must be regarded as contrary to Article 95 of the EC Treaty, in accordance with the case law of the Court of Justice. (44) The Commission has brought an action before the Court against Greece concerning legislation on second-hand cars, several aspects of which (calculation of base for consumption tax, registration tax, failure to apply anti-pollution incentives) favour the domestic market to the detriment of vehicles imported from other Member States. (45) (44) (45) Case C-299/86 Rainer DrexI (judgment given on 25 February 1988) and Case C-276/91 Commission v France (judgment given on 2 August 1993). Case C-375/95. 58 Value-added tax Infringement proceedings have been commenced against Portugal for failure to notify national measures implementing Directive 94/5/EC on the special VAT arrangements applicable to second-hand goods, works of art, collectors' items and antiques. initiated against Italy, Portugal, Proceedings have also been the Netherlands, Luxembourg, Belgium and France concerning the transposai of Directive 94/76/EC introducing transitional measures applicable to VAT in the European Union on 1 January 1995. the enlargement of the context of Six reasoned opinions were sent this year: - - - - - to Greece, for levying VAT on the amount of consumption tax paid by individuals purchasing a second-hand vehicle in another Member State and for extending to sea fishermen the flat-rate farmers scheme which, in principle, is applicable only to freshwater fishermen; to Italy, for totally excluding the right to deduct VAT in the event of the purchase of a building by a taxpayer together with a non- taxpayer: under the 6th Directive, VAT should be deducted on goods used for taxable transactions, which in this case implies a prior calculation of the proportion of the goods actually assigned to a taxable activity; to the Netherlands, for continuing to exempt deliveries of industrial waste from VAT, although they have not been exempt since 1 January 1990; to Spain, for introducing a 15% value threshold above which the service of assembling goods is included in the base for calculating tax on deliveries and below which the two transactions are taxed separately. In trade between Member States such a system could result in goods being taxed twice or not at all; to Portugal, for limiting the benefit of tax remissions on travellers' exports in the case of certain categories of highly-taxed or valuable goods, and imposing a special model tax return instead of a purchase invoice. The Commission commenced actions in the Court of Justice against: - Italy, for a provision which fails to exempt from VAT the transfer of goods intended solely for the exercise of an exempted activity or excluded from the right to deduction (Case C-45/95); 59 - Spain, for failing to observe the maximum six month time-limit for the refund of VAT to foreign taxpayers laid down in the 8th VAT Directive (Case C-l6/95). The Commission commenced infringement proceedings under Article 171 of the Treaty against France for failing to implement the Court's judgment of 17 November 1993 concerning VAT on certain advertising services (Case C-68/92). Several infringement proceedings were terminated during the year: - - - - Portugal abolished its increased rate of VAT, which was contrary to the 6th Directive, and ended the requirement that taxpayers not established in the country must use a special model VAT return; Italy adopted appropriate measures to comply with the 8th VAT Directive on refunds to foreign taxpayers and with the Court's judgment of 3 June 1992 (Case C-287/91); Greece abolished VAT on the import of second-hand vehicles from other Member States; complied with Luxembourg of 17 November 1993 concerning VAT on certain advertising services (Case C-69/92). the Court's judgment Excise duties The Commission has commenced proceedings against the United Kingdom, Portugal, Luxembourg, Italy, Ireland, France, Spain, Greece, Germany, Belgium and Denmark for failure to notify measures transposing Directive 94/74/EC on the harmonization of the structures of excise duties on mineral oils. 60 Progress in implementing directives applicable to indirect 2. 3. 2. 1. taxation MEMBER STATE BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM Directives applicable on 31. 12. 1995 37 37 38 37 37 37 37 37 37 37 38 37 37 37 37 Directives for which measures have been notified 35 36 37 36 36 35 36 35 35 36 38 34 37 37 37 % 94. 6 97. 3 97. 4 97. 3 97. 3 94. 6 97. 3 94. 6 94. 6 97. 3 100 91. 9 100 iôô Iôô Note: this table concerns Directives 67/227, 69/169, 77/388, 78/1035, 79/1070, 79/1071, 79/1072, 80/368, 83/181, 83/182, 83/183, 84/386, 85/346, 85/576, 86/560, 88/331, 88/664, 89/219, 89/220, 89/465, 89/604, 91/680, 92/12, 92/77, 92/79, 92/80, 92/81, 92/82, 92/83, 92/84, 92/108, 92/111, 94/4, 94/5, 94/74, 94/75, 94/76, 95/59. 61 CONSUMER PROTECTION 1. INTRODUCTION The rate of progress in notifying measures transposing directives in this field is much the same as last year. Some Member States have improved their record (Denmark, Greece, Spain, Ireland and the Netherlands), but the situation has deteriorated in others (Belgium and Portugal). It is especially important that consumer protection directives be transposed quickly and correctly, since failure to do so may compromise the interests of European consumers. It is worth making a few general comments on the way Member States go about transposing directives. Most of them do not adopt national implementing measures until after the transposai deadline has expired. The most recent Directives - 93/13/EEC, 93/35/EEC, 93/47/EEC, 93/73/EEC and 94/32/EEC - are typical examples. Infringement proceedings very often involve half of the Member States. National implementing measures are notified only in response to the reasoned opinion. 2. SITUATION SECTOR BY SECTOR 2. 1. Cosmetics There are still several infringement proceedings in hand as regards the basic Directive (76/768/EEC). France has still not amended its legislation transposing the Directive, although the Court of Justice gave judgment against it in May 1993 and an Article 171 warning letter was sent in 1995. the recent Directives Many Member States are behindhand with 93/35/EEC, 93/73/EEC and 94/32/EEC. This is all the more difficult to understand as the cosmetics directives are primarily technical in nature, little room for manoeuvre. leaving the Member States relatively Consequently, there ought not to be any particular problems with transposai. 2. 2. Textiles The situation regarding the textiles directives is satisfactory. This is borne out by the infrequency of complaints received by the Commission. 2. 3. Health and safety With regard specifically to Directive 92/59/EEC (general product safety), for which the deadline for transposai was 29 June 1994, five Member States have yet to notify their national implementing measures and infringement proceedings are accordingly in motion. This is a particularly important Directive, as it establishes a general requirement in Community 62 law as to the safety of all products marketed for actual or potential consumer use in the Community. It consequently offers an excellent illustration of the way in which failure to transpose in several Member States can jeopardize the consumer's fundamental interest in preserving his health and safety. 2. 4. Protection of economic interests In Joined Cases C-l78/94, C-l79/94 and C-l88 to 190/94 concerning Directive 90/314/EEC (package tours), currently before the Court of Justice, the question has been put for the first time whether failure to transpose a consumer protection directive within the time allowed justifies application of the rule laid down by the Court in Francovich. ^ The rule is that in certain circumstances a Member State may be under an obligation to compensate for damage sustained by an individual as a result of the failure to transpose. (46) Joined Cases C-6/90 and C-9/90 [1991] ECR 1-5357, judgment given on 19 November 1991. 63 2. 5. Progress in implementing directives applicable to consumer protection and product safety MEMBER STATE Directives applicable on 31. 12. 1995 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 46 50 46 45 46 46 44 45 47 49 47 44 48 49 48 % 88 96 88 86 88 88 85 86 90 94 90 85 92 94 92 Note: This table concerns the following Directives: Cosmetics. 76/768, 80/1335, 82/147, 82/368, 82/434, 83/191, 83/341, 83/496, 83/514, 83/574, 84/415, 85/391, 85/490, 86/179, 86/199, 87/137, 87/143, 88/233, 88/667, 89/174, 90/121, 90/207, 91/184, 92/8, 92/86, 93/35, 93/47, 93/73, 94/32, 95/17, 95/34. Textiles: 71/307, 72/276, 73/44, 79/76, 81/75, 83/623, 87/140, 87/184. Protection of economic interests: 79/581, 84/450, 85/577, 87/102, 88/314, 88/315, 90/88, 90/314, 93/13, 94/47. Safety and health: 87/357, 88/378, 92/59. 64 COMPETITION 1. INTRODUCTION The number of infringement proceedings commenced against Member States was appreciably higher than in 1994. They mainly concerned: - - - telecommunications; airport transit assistance; access to port infrastructures. On 18 October the Commission, in the absence of a response from the Italian authorities to the reasoned opinion issued in 1994 in the customs agents case, decided to refer the case to the Court of Justice(47). 2. SITUATION SECTOR BY SECTOR 2. 1. Public enterprises Greece and Italy notified measures transposing Directive 90/388/EEC on competition in the markets for telecommunications services. All the Member States have notified measures transposing Directive 94/46/CE on satellite communications. But six of the notifications were incomplete. On 27 October the Commission accordingly issued Article 169 letters for failure to notify national implementing measures. Belgium and Greece have not yet transposed Directive 93/84/EEC, amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings. If the Commission's approaches to these two Member States fail to produce a satisfactory solution, it reserves the right to refer the cases to the Court of Justice. Individual cases In the telecommunications field, all the Member States except Luxembourg have designated at least two GSM mobile telephone operators. But when licensing a second operator, some Member States imposed heavier burdens than on the initial public-sector operator. The Commission accordingly made representations to the Belgian, Irish and Italian authorities. Ireland and Belgium then agreed to impose the same licence fee as for the public- sector operator. But in the absence of a satisfactory commitment by the the Commission adopted a Decision under Italian authorities, (47) 12th Report. 65 Article 90(3) EC, on 4 October, requiring them to take measures restoring the equilibrium between the private- and public-sector operators. In the transport field, the Genoa port case deserves attention. On 10 December 1991,(48) the Court of Justice held(49) that the Italian ports legislation was incompatible with Community law. It gave the Compagnia Unica Lavoratori Merci Varie del Porto di Genova (CULMV) a monopoly on port services at Genoa, which enabled it to demand payment for services not required, to charge excessive prices, and to refuse to use modern technologies. Italy has since ended the legal monopoly by reforming its ports legislation. But CULMV has been able to preserve its monopoly position in practice thanks to the collusion of the Port Authority, which refused to issue the necessary operating licences to its potential competitors. Acting on a complaint from one potential competitor, the Commission declared that the refusal to issue the requisite licence was unwarranted and was tantamount to preserving a situation condemned by the Court. It consequently put the Italian State on notice to issue the licence. The State acted in accordance with the Article 169 letter within ten days and CULMV lost the monopoly it had effectively held since 1340. A second enterprise is now operating port services in Genoa in competition with CULMV. There was another noteworthy case in the same area, concerning the system of discounts on landing charges at Brussels National airport at Zaventem. Discounts of up to 30% were available to airlines paying more than BFR 5 million monthly. British Midland filed a complaint about the system, which dated from a Royal Decree of 22 December 1989. It argued that the threshold for eligibility was so high that only the national airline based in Brussels qualified for the discount, which worked to the detriment of other Community airlines. The Commission considered that the system constitutes a State aid contrary to Article 90(1) of the Treaty, read with Article 86. On 28 June, it adopted an Article 90(3) Decision requiring the Belgian authorities to end the discount system. The Belgian authorities have not yet complied with the Decision and Article 169 proceedings are in motion. Lastly, the Commission commenced proceedings in respelt of the grant of exclusive television advertising rights to a private-sector broadcasting company, the "* Vlaamse Televisie Maatschappij' (VTM), which gave it favourable treatment in comparison with broadcasters in other Member States contrary to Article 90(1) read with Article 59 of the Treaty. (48) (49) Case C-l79/90 Merci Convenzionali Porto di Genova SpA v Siderurgica Gabrielli SpA [1991] ECR 1-5889. On 10 December 1991, ECR 1-5889. 66 2. 2. Monopolies Proceedings commenced in the Court of Justice in 1994 are still in motion against Ireland, the Netherlands, Italy, France and Spain concerning monopolies on the import of gas and electricity. (50) 2. 3. Progress in implementing directives applicable to competition MEMBER STATE Directives applicable on 31. 12. 1995 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS PORTUGAL AUSTRIA FINLAND SWEDEN UNITED KINGDOM 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 4 5 5 3 4 5 4 4 5 5 4 5 5 5 5 % 80 100 100 60 80 100 80 80 100 100 80 100 100 100 100 Note: this table concerns Directives 80/723, 88/301, 90/388, 93/84, 94/46. (50) Cases C-156/94, C-157/94, C-158/94, C-159/94 and C-160/94 respectively. 67 EMPLOYMENT AND SOCIAL POLICY 1. INTRODUCTION On 12 April 1995, the Commission adopted its medium-term social action programme (COM(95) 314 final). Building on the achievements of the 1989 social action programme, this document sets out the Commission's detailed work programme in the field of social policy for the period from 1995 to 1997. It is the third and the final phase in a process which started in 1993, with the launch of the Green Paper on the future of social policy, and continued in 1994 with the White Paper on European social policy. (51) The emphasis placed in the White Paper on social policy on the need to improve the level of application of Community law in the social field met with widespread support. At its meeting on 27 March 1995, the Council affirmed its commitment to improve the situation in this regard. The Commission has clearly stated in the medium-term social action programme that it will ensure that Community social legislation is properly and fairly transposed. Action will also be taken to review legislation in this field regularly so as to improve its efficiency and transparency. 2. SITUATION SECTOR BY SECTOR 2. 1. Equal treatment of men and women Infringement proceedings for failure to notify national measures implementing Directive 92/85/EC (protection of pregnant workers and workers who have recently given birth or are breast-feeding) were commenced against seven Member States (Belgium, Germany, Greece, France, Italy, Luxembourg and Portugal). Portugal subsequently notified its transposai measure. The Commission addressed reasoned opinions to three Member States (Belgium, France and Italy) for maintaining national legislation imposing restrictions on night work by women that were incompatible with Directive 76/207/EEC. On 16 May 1995 the Commission responded to the judgments given on 28 September 1994 interpreting the Barber judgment - as regards its effects in time - and Article 119 of the Treaty by presenting a new proposal for a directive amending Directive 86/378/EEC on equal treatment for men and women in occupational social security schemes (COM(95) 186 final). The purpose of this proposal is purely declaratory, since the Member States are already required to take the measures needed to comply with Article 119 of the Treaty as interpreted by the Court of Justice. (51) COM(94) 333, 27 June 1994. 68 The Commission is planning to remind the Governments of all the Member States of their obligations under that Article with a request for notification of the requisite measures within two months. As a consequence, the infringement proceedings for failure to notify national measures implementing Directive 86/378/EEC commenced against six Member States (Belgium, Denmark, Greece, Italy, Luxembourg and Netherlands), which were suspended pending the judgments given on 28 September 1994, have now lapsed. In 1995 the Court gave preliminary rulings in two cases concerning Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. In Meyers (Case C-l 16/94, judgment given on 13 July), the Court ruled that a benefit with the characteristics and purpose of family credit (an income-related benefit awarded to supplement the income of low-paid workers who are responsible for a child) falls within the scope of Directive 76/207/EEC. In Kalanke (Case C-450/93, judgment given on 17 October), the Court held that Articles 2(1) and (4) of Directive 76/207/EEC preclude national rules which, where candidates of different sexes shortlisted for promotion are equally qualified, automatically give priority to women in sectors where they are under-represented. (52) 2. 2. Working conditions Italy is the only Member State that has yet to notify measures to transpose Directive 91/533/EEC on the employer's obligation to inform employees of the conditions applicable to the employment contract or relationship. As for Directive 91/383/EEC on improvements on safety and health at work of workers with a fixed-duration or temporary employment relationship, four Member States (Belgium, Germany, Greece and Italy) have still to notify the Commission of their national implementing measures. 2. 3. Health and safety at work The Commission has received national implementing measures from several Member States which were late in transposing Directives 92/57/EEC on construction sites (Spain, Greece, Ireland, Portugal and United Kingdom), 92/58/EEC on safety Ireland, Luxembourg and Portugal), 92/91/EEC on drilling equipment (Denmark, (Greece, signs (52) See Commission communication on interpretation of the judgment (COM(96) 88 final) and proposal for a Directive amending Directive 76/207/EEC (COM(96) 93 final). 69 Greece and United Kingdom) and 92/104/EEC on mines (Denmark and United Kingdom). Greece notified measures transposing Directive 89/391/EEC (framework Directive) and the first five specific Directives. Belgium notified measures transposing Directive 89/656/EEC (personal protective equipment). 2. 4. Public health Luxembourg and the Netherlands met their obligation to transpose Directive 92/41/EEC on the labelling of tobacco products, and the infringement proceedings were accordingly terminated. 2. 5. Progress in implementing directvies applicable to employment and social policy MEMBER STATE Directives applicable on 31. 12. 1994 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG AUSTRIA NETHERLANDS PORTUGAL FINLAND SWEDEN UNITED KINGDOM 45 45 45 44 45 45 45 45 45 45 45 45 45 45 45 34 43 39 36 30 39 40 35 42 41 43 36 45 45 41 % 76 96 87 82 67 87 89 78 94 91 96 80 100 100 91 Note : this table concerns the following Directives: Labour law: 75/129, 77/187, 80/987, 91/383, 91/533, 92/56 Equal opportunities:'75/117. 76/207, 79/7, 86/378, 86/613, 92/85 Free movement of workers: 64/221, 68/360, 72/194 Safety and health 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, 92/29, 92/57, 92/58, 92/91, 92/104, 93/88, 93/103 Public health: 89/622, 90/239, 92/41. 70 AGRICULTURE 1. INTRODUCTION In monitoring the application of agricultural rules, the Commission focused its attention on the Member State's implementation of production control mechanisms (particularly in the milk sector), their compliance with Community rules on the protection of descriptions of agricultural products, the end of government price- fixing at any stage covered by a market organization and observance of Community rules on quality standards. In its scrutiny of national measures implementing agricultural directives, the Commission pursued the infringement proceedings against France, Greece, Italy and Ireland, where there are substantial delays in transposai, notably of the internal market White Paper directives. 2. SITUATION SECTOR BY SECTOR 2. 1. Markets In addition to its efforts to eliminate barriers to freedom of movement, the Commission also sought to ensure that the other provisions of the Community's agricultural legislation are effectively and correctly applied. (a) In monitoring the application of specific market organization mechanisms, the Commission continued to keep a close watch on the use of production control mechanisms, particularly in the milk sector, where it conducted a systematic analysis of national measures to implement Regulations (EEC) Nos 3952/92 and 536/93. Infringement proceedings are continuing against France because of the discriminatory way in which it distributed the reference quantities released under the scheme for the cessation of milk production terms on which The 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. the redistribution Furthermore, under the Community rules the Member States are obliged to offset in 1990/91 by supplementary allocations. the linear reduction (2. 15%) occurring France failed to respect this obligation; although it gave producers the 2. 15% with one hand, it took away 2. 35% with the other. The following cases arose under the Community rules on the (b) description of agricultural products. 71 In the milk sector, proceedings are still in motion against the British authorities for an infringement of Regulation (EEC) No 1898/87 as regards the marketing of soya milk. Article 3 of that Regulation prohibits products other than milk or milk products from being described as "* milk' ; the criteria for the preservation of the designation on an exceptional basis were clearly not met in the case of A soya milk' and the product quite rightly did not appear on the list established by Commission Decision 88/566/EEC. In the spirits sector, the Commission continued its proceedings against France for allowing drinks containing a mixture of whisky and other spirits to be given a description containing the terms A whisky* and ^ spirit, e. g. ^ whisky spirif or ^ spirit of whisky in breach of Regulation (EEC) No 1576/89. Following the adoption of Regulation (EEC) No 2675/94, the sale description A spiritueux' or ^ boisson spiritueuse' must be distinguished from the alcoholic ingredients in a list preceded by the terms ** spiritueux issus d'un mélange' (mixed spirit drink). France has yet to take the necessary steps to implement this Regulation In 1995, the Commission again took steps to end the system of (c) minimum prices for olive residues imposed by Italy in breach of the market organization for oils and fats. The Court has consistently ruled that this market organization is comprehensive and does not permit any unilateral national measures. (d) The Commission also took steps to secure observance of Community rules on quality standards in the practical application of the rules governing the market organizations. It remains attentive to the need for the Italian authorities to adopt a truly deterrent scheme of penalties for the application of the provisions enacted to comply with the judgment given by the Court of Justice on 16 February 1987 in Case C-69/86 under Article 171 of the EEC Treaty, censuring Italy for failure to comply with the earlier judgment given on 15 November 1983 in Case C-322/82 for breach of the rules for the enforcement of quality standards in the fruit and vegetable sector. The 12th Annual Report announced that, in view of the winding-up (e) of the United Kingdom Milk Marketing Boards, 1994 should be the last year that problems of compatibility with Community legislation would occur. Although the Boards have been abolished as milk trading bodies, Residuary Boards have been set up with non-commercial objectives such as the recovery of debts due to the MMB and the distribution of assets. In the exercise of their functions these Boards have prompted new complaints from producers who sold skimmed milk outside the MMB scheme, which according to the judgment given by the Court of Justice in 72 Case C-40/92 must be regarded as contrary to the Community rules applicable to the Boards' operation. 2. 2. Harmonization Background There has been a slight drop in the number of infringement proceedings for failure to notify national measures implementing agricultural directives (down by eight). The situation has improved sharply as regards reasoned opinions (down to 26 in 1995 from 262 in 1994). These improvements in the situation have not been accompanied by a fell in the number of referrals to the Court, as the Commission was obliged to refer 57 cases of untransposed directives (34 in 1994). The transposai of the directives referred to the Court is very often technically complex, reqiiiring far-reaching amendments to national legislation or deep-seated reforms of existing structures. Situation in Member States As in past years, Denmark has the best transposai record. Spain and Luxembourg have made a great legislative effort and caught up most of their delays. The transposai of Directive 90/66 7/E EC (animal waste) is the only problem in the Netherlands. The Commission has pursued Article 171 infringement proceedings as the Dutch authorities have failed to adopt all the measures needed judgment given on 17 January 1995 (Case C-93/94). (53) to comply with the Article 171 infringement proceedings also had to be opened against Belgium for failure to notify national measures implementing Directives 91/687/EEC (swine fever) and 91/688/EEC (imports from non-member countries) following the judgment given by the Court on 19 January 1995 (Case C-66/94). (54) The Commission referred to the Court seven cases of failure to notify measures implementing veterinary directives. Measures were subsequently notified and the Commission was able to withdraw its cases. In France delays in transposai subsist in respect of seeds and seedlings and in the veterinary field. In Greece the situation continues to give cause for concern, since some of the important internal market directives have not been transposed, for (53) (54) Commission v Netherlands [1995] ECR 1-77. Commission v Belgium [1995] ECR 1-149. 73 example Directives 92/5/EEC on meat products and 91/414/EEC on plant protection products. In Ireland problems subsist in the veterinary field. Despite a referral to the Court in 1994, the necessary measures have still to be taken regarding the application of the directives on the organization of veterinary inspections in relation to fish, and in 1995 the Commission referred a further ten untransposed White Paper directives to the Court. In Italy the situation deteriorated appreciably in 1995; the Commission referred nineteen untransposed directives in a variety of agricultural matters to the Court. Portugal has made great progress in the veterinary field. The main subsisting delays in transposai concern seeds and seedlings and animal feed (particularly the directives on official controls). The general transposai situation in the United Kingdom is satisfactory, but there are some delays in measures for Northern Ireland Analysis by sector In the seed and seedling sector there was substantial progress, although there are transposai delays in France, Italy and Portugal. The only real problems regarding animal feed arise in Greece and Italy. Greece has made up the serious delay in transposing the plant-health directives concerning harmful organisms. But the Commission is concerned about its persistent failure to issue national measures implementing Directive 91/414/EEC (plant protection products). As in past years the transposai of the veterinary directives is a source of considerable difficulty, particularly in Italy, Ireland, Greece, France and, to a lesser extent, Belgium. In most of these Member States the pressure brought to bear has not achieved its object of securing transposai of some of the White Paper directives. Implementation of Directive 83/189/EEC (technical standards) in agriculture In 1995, pursuant to Directive 83/189/EEC, the Commission examined 61 draft technical regulations notified by the Member States in the tight of Article 30 of the Treaty and the relevant secondary legislation(55) In many cases, after systematic analysis of the drafts, the Commission requested amendments to ensure that adoption of the regulations concerned would not create new barriers to the free movement of goods. Seven drafts gave rise to reasoned opinions, two of them accompanied by supplementary <55> See Chapter 2. 2. 1. 2. 74 observations; five others gave rise to observations by the Commission. Generally speaking, Member States to which reasoned opinions or observations were addressed made the requisite changes to their drafts. In exercising its duty to monitor the implementation of Directive 83/189/EEC, the Commission strives to ensure that Member States comply with their obligation to notify all draft instruments containing technical rules or standards. After scrutinizing instruments adopted by the Member States in 1995, it twice commenced infringement proceedings for failure to observe the notification procedure. 2. 3. Progress in implementing directives applicable to agriculture MEMBER STATE Directives apphcable on 31. 12. 1995 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN 355 355 355 355 355 355 355 355 355 355 355 355 346 (9 derogations) 348 (7 derogations) UNITED KINGDOM 355 332 352 326 311 344 328 324 302 339 348 260 315 56 299 338 % 94 99 92 88 97 93 91 85 95 98 73 89 16* 86 95 Note : This table concerns the following Directives: Feedmgstuffc 70/373, 70/524, 71/250, 71/393, 72/199, 72/275, 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. 75 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, 92/29, 94/30, 94/37, 94/43, 95/4, 95/40, 95/41. Seeds and plants 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. Forestry 66/404, 68/89, 69/64, 71/161, 74/13, 75/445. Veterinary matters 64/432, 64/433, 66/600, 71/118, 71/285, 72/445, 72/461, 72/462, 73/150, 77/96, 77/98, 77/99, 77/391, 77/504, 78/52, 79/109, 79/111, 80/213, 80/215, 80/217, 80/219, 80/1095, 80/1098, 80/1099, 80/1100, 80/1101, 80/1274, 81/6, 81/602, 82/894, 83/91, 83/201, 84/319, 84/643, 84/644, 84/645, 85/73, 85/320, 85/321, 85/322, 85/358, 85/511, 85/586, 86/469, 87/328, 87/486, 87/487, 87/489, 87/491, 88/146, 88/166, 88/289, 88/299, 88/406, 88/407, 88/409, 88/657, 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, 92/110, 92/116, 92/117, 92/118, 92/119, 93/52, 93/53, 93/54,93/60, 93/118, 93/119,93/120,93/121,94/28, 94/42, 94/59, 94/71, 95/23, 95/25. This figure is explained by the failure to notify transposai measures in the Aland Islands, which have considerable autonomy in these matters and are consequently required to take specific transposai measures. 76 FISHERIES 1. INTRODUCTION In order to ensure respect for the Community rules governing fisheries and aquaculture, the Commission continued to monitor the resource conservation and management measures put in place by the Member States in areas covered by the common fisheries policy. With this in view, it kept a close watch on the fishery control measures that Member States are required to implement. The Commission decided to go ahead with the infringement proceedings that were pending against four Member States (France, the United Kingdom, Spain and Denmark) in the matter of overfishing. New proceedings will be commenced shortly for infringements by certain Member States that had not taken the control measures needed to enforce the current Regulation on controls, Regulation (EEC) No 2847/93. The Commission also continued its systematic scrutiny of national fisheries and aquaculture legislation for compatibility with Community law, notably as regards the grant of flag rights and technical resource conservation measures. SITUATION SECTOR BY SECTOR 2. 1. Markets Member States' application of the Community rules on the compulsory notification of the data required under the common organization of the market may now be considered satisfactory. The infringement proceeding against Spain has been terminated. 2. 2. Resources Particular attention was paid the Member States' implementation of the new control measures under the common organization of the market. to monitoring There was a substantial improvement over past years as regards overfishing in several Member States and the Commission was able to terminate several infringement proceedings. On the other hand, the Commission addressed five reasoned opinions to Spain, France and the United Kingdom for failing to take the measures needed for the sound application of the Community rules. The Commission commenced an action against France in the Court of Justice (Case C-52/95)(56) for exceeding the anchovy quota in 1991 and 1992. (56) Judgment given on 7 december 1995. 77 France has not yet given proper effect to the judgment given by the Court 11 June 1991 in Case C-64/88 for failure to discharge the obligation to enforce infringement proceedings are in motion. technical conservation measures. Article 171 Member States' application of the Community rules determining the length of drift nets also came in for close monitoring by the Commission Apart from the infringement proceedings limning against Italy since 1992, the proceedings against France and Ireland commenced in 1994 are still in motion; a reasoned opinion has been issued in the former case. But at any rate there is a general improvement in compliance with Community rules in these matters. 2. 3. Compatibility with Community law of national legislation on the granting of flag rights The Commission continues to monitor carefully national laws governing flag rights for fishing vessels to ensure their compatibihty with Community law. In this connection, the Commission commenced a new case against France in the Court of Justice on 22 December 1994 (Case C-334/94). The Commission's application is for a declaration that French legislation on flag rights and crew nationalities is incompatible with Community law and that France is accordingly in breach of its obligations under Article 171 of the EC Treaty by not giving effect to the Court's judgment in Case 167/73 (Code de travail maritime). All the Commission's infringement proceedings against other Member States (Greece, Belgium, Denmark, Italy, Spain, Portugal) are running their course. The Commission has asked the Swedish and Finnish authorities to notify it of all relevant information regarding their flag rights legislation 78 EmOROISMENT 1. INTRODUCTION 1. 1. General situation The implementation of Community law in environmental as in other matters is often complicated by the fact that responsibihty for adopting national transposai measures often rests not with the national authorities, but with regional or even local authorities. The process of transposing Community law is difficult and time- consuming in such cases. The effective implementation of Community environment law is fiirfher complicated by application of the principle that environment policy must be integrated in the elaboration and implementation of all other policies and activities undertaken by the Community (Article 130r(2) of the EC Treaty). The practical application of the law in this area has to be considered in often complex contexts involving the attainment of other, sometimes competing, objectives. By way of example, the provisions of environmental law may well conflict with social and economic development constraints, notably when major infrastructure projects are being planned It is sometimes difiScult in such cases to assess whether the negative impact on the environment is more than outweighed by the social and economic benefits to the general public and what measures are needed to reduce that impact. The effort to integrate environmental protection constraints into the elaboration and implementation of other Community policies has been sustained, for sustainable, environment-friendly development must be ensured But the available scientific and technical data on the state of the environment are not sufficient to found a definitive value judgment on the effectiveness of the legal instruments currently operating for the protection of the environment. The general report on the state of the environment in Europe pubUshed in 1995 by the European Environment Agency (Europe's Environment, Dobris Report) will without doubt be a valuable working instrument for the Commission, equipping it to assess the effectiveness of Community rules and to meet the environmental challenges of the years ahead 1. 2. Notification of national implementing measures As was stated in previous years' reports, there are still problems with the notification of national measures implementing directives, especially where timing is concerned. In most cases, the delays are attributable to the institutional and aàninistrative structure within the Member States rather than to a deliberate strategy of not discharging Community obligations. 79 In some areas, particularly chemical substances, it can be seen that the Member States are finding it difficult to keep up with the pace of transposai required by successive adaptations of Directive 67/548/EEC (dangerous substances) to technical progress. Member States generally come into tine in the period after the deadline for transposai, and the Commission can then terminate infringement proceedings for failure to notify before reaching the stage where a referral to the Court of Justice is necessary. Even so, delays in transposai subsist. Directives 90/219/EEC and 90/220/EEC (genetically modified organisms), for instance, have not been transposed in Greece and Luxembourg. Likewise, Directives 89/369/EEC and 89/429/EEC (atmospheric pollution from new and existing incineration plants) have not been transposed in Italy. This year the Commission paid special attention to notification of national measures implementing environment directives by the three new Member States (Austria, Finland and Sweden). All three have adopted national measures implementing most of the directives due for transposai. In cases where directives have still to be transposed, the process is often under way. 1. 3. Conformity of national implementing measures Although the Member States are making great efforts to transpose directives into their national legal orders properly, the Commission has once again detected cases where national implementing measures are not strictly in conformity with the directives. Problems arise in particular where a directive is transposed at a level below the national level, by the regions, provinces or Lander where they have their own powers in environmental matters. Other problems arise where Member States' existing legislation covers the subject-matter of the directive but needs amending in line with the new Community rules. And the Member States sometimes use transposai techniques combining different forms of legal instrument without always specifying the precise relationship between each of them and the various obligations imposed by the directive. In such cases, the Commission's scrutiny of national implementing measures is particularly difficult as most Member States do not supply concordance tables, indicating the provisions enacted to transpose each of the obligations imposed by each directive. 80 1. 4. Incorrect application of directives Complaints, petitions and parliamentary questions are as always the Commission's main sources of information The Commission investigates them where they reveal cases of incorrect application of directives. The number of complaints received by the Commission fell. As in previous years, Spain, France, the United Kingdom and Germany were the Member States from which the largest number of complaints were received; Luxembourg and Denmark were the least affected The Commission also received several complaints concerning the three new Member States. Most of the complaints and petitions were about specific practical problems with a geographically local impact. Most of the problems raised by individual complaints recur here and there throughout the territory of a Member State. This means that the Commission can identify the general problems underlying individual infringement situations. A high frequency of complaints about uncontrolled waste disposal sites, for instance, may be evidence of a waste management problem, or a shortage of the infrastructures needed to ensure that waste disposal is not posing an environmental hazard Likewise, complaints about river and groundwater pollution may be evidence of a major problem of controlling discharges of urban and industrial waste water. In such cases, the Commission endeavours to take a horizontal approach to the problem so as to force Member States to comply with Community rules and thus secure lasting protection for the environment. Problems of application are most frequent in the areas of nature protection, environmental impact assessment, waste disposal and wateT pollution. They will be considered in greater detail in the section on the situation sector by sector. The causes of these instances of incorrect application vary widely, but many of them are the result of problems of incomplete or incorrect transposai of directives or a lack of the requisite technical infrastructure for enforcing Community obligations. Consequently, the Commission attaches particular priority to problems of conformity to ensure wherever possible that application problems will not arise. This is not to say that it abandons the scrutiny of individual incorrect application cases thrown up by complaints that reveal questions of principle or horizontal questions or administrative practices that contravene the directives. The package meetings regularly organized with the Member States are particularly useful as they enable the Commission to meet the relevant national authorities and solve problems concerning the implementation of Community legislation. Where there are shortages of technical infrastructure, the Commission is continuing its activity of improving environmental infrastructure via projects financed by the Structural Funds and the Cohesion Fund. 81 1. 5. Freedom of access to information Directive 90/313/E EC concerning freedom of access to information has been apphcable since 1 January 1993, but Italy has still not notified national implementing measures. Greece, howeveT, has now notified its implementing legislation. Austria, Finland and Sweden have also incorporated the Directive into national law. The Directive raises conformity problems in several Member States, particularly Germany, France and the Netherlands. Representations have been made to the Member States and in some cases the results have been satisfactory. In the Netherlands, for instance, legislation to bring national measures into line with the Directive was laid before Parliament in October. In Portugal, the authority responsible for hearing adtainistrative appeals against decisions wrongfully neglecting or declining to respond to requests for information has begun functioning. This is a major step forward in enforcing the Directive. In Ireland, a report has been produced on the first year's application of the national instruments transposing the Directive. It emphasizes the low frequency of refusals to supply information (about 2% of cases), but highlights a number of difficulties such as compliance with information requests and the absence of redress procedures in certain cases. In the tight of the report's findings the Irish, authorities will consider whether the legislation should be amended to better satisfy their undertaking to improve public access to information on the environment. The Commission received numerous complaints raising problems in the application of Directive 90/313/EEC. As last year's report stated, the facts underlying these complaints tend to raise issues of failure to notify national implementing measures or their lack of conformity. The Commission is especially attentive to conformity problems, but progress is slow because of the legislative procedures of the Member States where existing legislation needs amending. Many of the complaints filed with the Commission are made immediately a national authority has declined a request for information, before the requester has had the opportunity to avail himself of the redress procedures provided for by the Directive. In such cases the Commission encourages complainants to make use of the procedures available under the Directive and the national transposai legislation. In other cases, complaints are filed at the same time as the judicial or administrative appeal at national level. In such cases, the Commission asks complainants for information regarding the outcome. 82 1. 6. Environmental impact assessment Directive 85/33 7/E EC (assessment of the effects of certain public and private projects on the environment) is a horizontal instrument, and consequently it is widely cited in complaints, petitions and infringements in this field Infringement situations are often caused by incorrect transposai. Conformity problems subsist in Member States such as Spain, Italy, Belgium, Germany, Portugal and Greece. They mostly concern the categories of projects listed in Annex II to the Directive and taken over into national law. A case against Germany on this point is pending before the Court of Justice (Case C-298/95). Although the Commission received a large number of complaints and petitions this year, there has been a visible shift in the nature of the problems they raise. Immediately after the Directive came into force, there were many complaints about the absence of impact assessment prior to the authorization of projects listed in Annexes I and II. However, now that impact assessment is well-established practice in all the Member States, complaints and petitions tend to be about the quality of impact assessments and the under-evaluation of projects' negative effects on the environment. They often relate to the siting and alternatives selected by the authorities for infrastructure projects such as motorways and by-passes, railway lines and ports. In such cases the Commission is often asked to intervene to have the national decision withdrawn or changed. Complainants also object that opinions validly expressed at public inquiries are not properly acted on by administrative authorities. It is particularly difficult to investigate the cases referred to in the two preceding paragraphs as the Directive merely established the procedure to be followed for impact assessment and is neutral on questions of quality; it gives the Commission no real powers to monitor the results of the assessments. On 11 August the Court of Justice dismissed a Commission action against Germany for breach of Directive 85/337/EEC (Case C-431/92). The Commission argued that Germany had failed to discharge its obligations under Directive 85/337/EEC by authorising the construction of a new tranche of a power station without following the Directive's impact assessment procedure. The Court dismissed the case, holding that the Commission had failed to show on what points the Directive had been breached in the procedure for authorizing the project. The Court held that the date on which a request for authorization is accepted is the only criterion used by the Directive. The Commission accordingly terminated action on a number of complaints concerning 83 projects authorized after the Directive came into force where the request for authorization predated the Directive. 1. 7. Action needed in notifying national It is clear that the problems regarding implementation of Community environmental law thrown up in past years' reports have not yet gone away. Delays implementing measures are commonplace and national legislation once enacted is often not in conformity with the requirements of Community law. As for the actual monitoring of apphcation of directives, the frequency of complaints and petitions is evidence that the pubtic are not making use of the possibihty of getting administrative authorities and the courts to order measures for the proper protection of the environment. To improve the apphcation of Community environment law, the Commission will focus its efforts first and foremost on measures to prevent infringement situations from arising. To this end it is planning to make full use of the committees provided for by the directives to improve the timely transposai of directives and the quality of transposai instruments. The Commission is also looking into the possibihty of stepping up the frequency of meetings with the national authorities to find the quickest and most effective solutions to problems raised by complaints and petitions. The fifth programme of action called for the estabhshment of a network for the apphcation of Community environment law. There is an informal network (IMPEL - Implementation and Enforcement of EU Environmental Law) which has so far been active especially on questions of inspection and monitoring; there is a more and more pressing need for a wider range of activities in relation to the implementation of Community environment law, as provided for by the fifth programme. 2. SITUATION SECTOR BY SECTOR 2. 1. Air There are delays in the transposai of air directives, particularly in Austria and Finland. However, the process appears to be under way in Austria, where several directives will be incorporated into national law in 1996. As will be seen at 2. 8, several Member States have not transposed Directives 92/72/EEC (ozone) and 93/12/EEC (sulphur content of liquid fuels), which fell due in 1994. The deadline for transposing Directives 94/63/EC (control of volatile organic compound emissions) and 94/66/EC (major incineration plants) fell in 1995, but the Member States have not all notified their national implementing measures. 84 Italy's measures transposing earlier directives, notably Directives 89/369/EEC and 8. 9/429/EEC (prevention of air pollution from new and existing municipal waste incineration plants), are still awaited. The Commission has commenced a Court action for failure to notify measures transposing these Directives (Case C-23 7/9 5). Belgium has now taken the requisite measures to comply with the judgment given by the Court of Justice in Case C-l 86/91 for failure to transpose Article 11 of Directive 85/203/EEC (nitrogen dioxide), and the Commission has terminated the Article 171 proceedings. The problems of conformity of the British legislation transposing Directive 85/203/EEC (air quality standards - nitrogen dioxide) are largely settled. The number of sampling centres has been increased substantially, and work on new centres is in hand. Most of the complaints received by the Commission concern the apphcation of the air quality directives in highly industrialized or densely populated areas. When these complaints are investigated, the Commission asks the Member State concerned to supply data regarding the values determined by the directives so that it can verify that they are not being exceeded. 2. 2. Chemicals There are still serious delays in transposai in this field, probably because of the specific technical features of the matter. Directives 90/219/EEC and 90/220/EEC (genetically modified organisms), for instance, have not been transposed in Luxembourg, prompting the Commission to bring an action in the Court of Justice (Case C-95/312). The Court found against Greece for failure to transpose the same two Directives within the time allowed(57) Spain has still not fully transposed them, and problems of conformity subsist in Belgium, France and Portugal. Several Member States have yet to notify national measures implementing the directives adapting to technical progress the directives on genetically modified organisms (Directives 94/15/EC and 94/51/EQ. Several Member States are finding it difficult to keep up with the pace of transposai of the adaptations to technical progress of Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances - Italy, Belgium and to a lesser extent Luxembourg and Greece. Spain made a considerable effort, notifying national measures implementing all the technical adaptation directives. The Commission was able to terminate its infringement proceedings accordingly. (57) Case C-l70/94, judgment given on 29 June 1995. 85 The Commission took Italy to Court for failure to transpose Directive 93/67/EEC (principles for assessing risks to man and the environment of substances notified in accordance with Directive 67/548/EEC) (Case C-238/95). Complaints are relatively rare. They most commonly bear witness to pubtic concern about accident hazards due to industrial activity and the lack of information regarding the emergency plans provided for by Directive 82/501/EEC (Seveso). Several complaints were received about the incorrect apphcation of Directive 86/609/EEC (laboratory animals), a topic on which pubtic opinion is particularly sensitive. When investigating these complaints, the Commission does all it can to see that the Directive is properly observed by the Member States. 2. 3. Water The practical apphcation of the water directives falls short of the ambitions of Community policy on the protection and quality of the aquatic environment. The approach taken to combating water pollution focuses on the determination of quality objectives, the establishment of clean-up programmes and prior authorization and emission limitation schemes; it entails a major administrative effort, and several Member States are in serious difficulties with the proper apphcation of the objectives established by Community rules. Directive 76/464/EEC (dangerous substances discharged into the aquatic environment) is a good illustration The Commission has commenced infringement proceedings against several Member States for failure to notify programmes for the reduction of pollution by dangerous substances on List II in the Annex to the Directive. The apphcation of Directive 76/464/EEC is a source of major difficulties in Greece. The Commission commenced two actions for failure to notify programmes to reduce pollution of Lake Vegoritits, the Soulos River and the Bay of Pagassitikos or measures requiring discharges by firms and establishments in these regions to be preceded by prior authorizations (Cases C-232/95 and 233/95). failure The Commission also referred to the Court of Justice the case concerning Germany's transpose Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/941/EEC and 86/280/EEC Oirnit values and quality objectives for discharges of dangerous substances on List I in Directive 76/464/EEC) (Case C-262/95). to correctly The apphcation of Directive 76/160/EEC (bathing waters) continues to pose problems in Italy, Germany, Spain and Belgium. The Commission is closely monitoring the British authorities' implementation of clean-up plans for bathing waters and is pressing the four Member States mentioned above to present their plans. Finland and Sweden have still to transpose 86 the Directive, but the process is under way and should be completed in 1996. Austria has been granted a transitional period until 1 January 1997. Many complaints raising problems of drinking water quality have been received at the Commission. They are commonly due to lack of technical infrastructure. The Commission endeavours to tackle these problems by means of projects financed by the Structural Funds and the Cohesion Fund. The Commission commenced an action against Germany^ in the Court of Justice for incorrect transposai of Directives 78/659/EEC (quality of freshwaters needing protection or improvement in order to support fish life) and 79/923/EEC (quahty required of shellfish waters). Three actions have been commenced in the Court of Justice for failure to notify national measures implementing Directive 91/271/EEC (urban waste water) within the time allowed by Germany, Italy and Greece (Cases C-297/95, C-302/95 and C-161/95). Several Member States have not yet notified national measures implementing Directive 91/676/EEC (nitrates). The relevant infringement proceedings are in motion. 2. 4. Noise There are no special problems with the apphcation of the noise directives. As was stated in previous years' reports, they set limits on sound emissions for newly marketed goods. They do not apply to ambient noise from multiple sources, but the few complaints received by the Commission relate to this very problem which, not being regulated at Community level, is beyond its powers. As in other areas, delays in transposai subsist, particularly in respect of Directive 95/27/EC, amending Directive 86/662/EEC (limitation of noise emitted by hydraulic excavators, rope-operated excavators and dozers, loaders and excavator-loaders). 2. 5. Waste Waste management continues to pose serious problems in the Community: witness the growing number of complaints and petitions which the Commission has to consider each year. The most common problems are: - - the proliferation of uncontrolled dumps and illegal tipping; poor management of dumps; (58) Case C-262/95 87 the adoption of plans to establish dumps in ecologically sensitive sites (rich in fauna and flora or on water tables from which drinking water is extracted) without prior impact assessment; pollution of surface water by waste discharged direct into water courses. - The absence of the necessary infrastructure and of efficient planning instruments is behind many of these situations. Many Member States have still not satisfied their planning and rr ogramming obligations under the general waste directive (75/442/EEC, as amended by Directive 91/156/EEC) and Directive 91/157/EEC (batteries). The Commission is taking the action needed to bring an end to the Member States' deficiencies. As for the notification of national implementing measures, several Member States have not yet transposed Directives 91 /l 56/EEC (waste), 91/157/EEC and 93/86/EEC (batteries) and 91/689/EEC (hazardous waste). The Commission has commenced the requisite infringement proceedings. (59) Italy has been taken to the Court of Justice for failure to notify measures transposing Directive 91/157/EEC (Case C-303/95). The Commission has also commenced a Court action against Greece for failure to notify measures transposing Directive 91/156/EEC (Case C-l60/95). Spain, France and Luxembourg have not yet complied with the judgments given against them by the Court of Justice for failure to notify programmes for the reduction of the tonnage and volume of containers of liquids for human consumption required by Directive 85/339/EEC, but the Commission decided not to commence Article 171 proceedings. Directive 94/62/EC (packaging and packaging waste) is behind its decision, for upon entry into force it will replace Directive 85/339/EEC. Directive 94/62/EC also imposes an obligation to establish volume reduction programmes, but is no longer confined to liquids for human consumption; it extends to all containers without distinction and determines certain results to be attained by such programmes. Lastly, the Court held that the German legislation on waste disposal was incompatible with the general waste directive since it excluded certain categories of recyclable waste. It also held that Germany had foiled to establish, update and publish programmes for the elimination of toxic and dangerous waste in certain regions. (60) Germany has now amended its legislation in line with the Court's judgment, but the amendments will have effect only from September 1996. (59) (60) See Chapter 2. 8. Case C^22/92, judgment given on 10 May 1995. 88 2. 6. Nature Nature protection activities focus on implementation of Directives 79/409/EEC (wild birds) and 92/43/EEC (habitats). Neither of these Directives has been transposed in Finland, which is lagging behind in this field. All Member States now have legislation for the protection of wild birds, but Directive 79/409/EEC still raises serious application problems. They concern the designation of special protection areas for birds, still inadequate in several Member States, especially the Netherlands, Greece, Luxembourg, Ireland, Germany, Italy and the United Kingdom. Each year the Commission receives numerous complaints and petitions about incorrect application of Directive 79/409/EEC. It is clear from the facts alleged in them that Member States have still to set up effective protection systems for areas designated under Article 4 of the Directive. As for Directive 92/43/EEC, most Member States have still to notify implementing measures. Consequently, infringement proceedings are following their course. Article 4 of Directive 92/43/EEC requires Member States to notify the Commission in June 1995 of a list of sites that could be part of Natura 2000, the European ecological network, but few of them have done so. The Commission is aware that this may jeopardize the establishment of Natura 2000 and has begun making the requisite representations to the Member States to have the lists notified as soon as possible. The Commission received numerous complaints alleging incorrect apphcation of Directive 92/43/EEC. These complaints also raise problems regarding the apphcation of Directive 85/337/EEC (environmental impact assessment). Most of them allege degradations of natural habitats, disruption of animal life and destruction of flora species listed in the Annexes to the Directive. The Commission is not always in a position to act on the complaints and petitions since some of the provisions of Directive 92/43/EEC will be applicable only when the Commission has adopted the list of sites of Community importance. In 1995 the Commission issued two opinions under Article 6(4) of Directive 92/43/EEC on the Baltic motorway construction project (A-20) in Germany/6 !) It confirmed the existence of consideration of major public interest militating in favour of authorizing the project, given its importance in the unification context, the absence of alternatives and the German authorities' adoption of compensatory measures to secure the coherence of Natura 2000. This is the first time Article 6(4) has been applied «51) OJ C 178, 13. 7. 1995, p. 3 and OJ L 6, 9. 1. 1996, p. 14. ^ > 89 2. 7. Radiation protection On 17 March Italy enacted Decree-Act No 230, transposing all the Community radiation protection Directives ;(62) all the infringement proceedings for failure to notify national measures implementing the directives were accordingly terminated. The infringement proceedings against Luxembourg and the Netherlands for incorrect transposai of Directives 80/836/Euratom and 84/467/Euratom (basic safety standards for ionizing radiation) are still in motion as the latest amending legislation is not sufficient to transpose them fully. As for Directive 84/466/Euratom (protection of patients), all the Member States against which Commission infringement proceedings were running for incorrect transposai have notified the Commission either of new legislation or of existing legislation requiring amphfication (Italy), or of draft measures pursuant to Article 33 of the Euratom Treaty (Belgium, Spain, Ireland and Portugal). The proceedings cannot be terminated; the Commission has referred to the Court those cases where full transposai is far from being attained (Spain and Portugal). The only Member State that has not enacted national measures implementing Directive 89/618/Euratom (information for the general public in the event of a radiological emergency) is Luxembourg; the Commission commenced an action in the Court of Justice on 24 February 1995 (Case C-46/95). The Commission has since been notified of draft Grand-ducal Regulations in accordance with Article 33 of the Euratom Treaty. The proceedings against Italy (judgment was given against Italy on 29 June 1995, Case C-135/94) and Portugal were terminated as measures fully implementing the Directive were adopted in 1995. The transposai of the Directive by Germany, Spain and France is now under scrutiny at the Commission. Proceedings against Italy in respect of Directive 90/641/Euratom (radiation protection of outside workers) were terminated following the enactment of the Decree-Act referred to above. The other four Member States against which infringement proceedings are running for failure to notify national implementing measures (Belgium, Greece, Spain and Portugal) have notified the Commission of draft implementing measures. Directive 92/3/Euratom (transfrontier shipments of radioactive waste) has not been transposed in four Member States (Belgium, Germany, Greece and Portugal), but all of them have notified the Commission of draft transposai measures. The three new Member States have sent their national measures on radiation protection to the Commission, which is now scrutinizing them in detail. Subject to the Commission's findings, these measures cover the (62) GU 136, 13. 6. 1995. 90 transitional period scope of nearly all of the radiation protection directives for which there is no (except Directives 80/836/Euratom and 84/467/Euratom on basic safety standards). Even so, the new Member States have still to adopt national measures implementing Directives 89/618/Euratom (Finland) and 92/3/Euratom (Austria and Sweden). 2. 8. Progress in implementing directives applicable to the environment MEMBER STATE Directives apphcable on 31. 12. 1995 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 133 133 135 138 137 133 133 133 133 133 129 137 131 131 133 111 131 127 121 123 126 127 113 122 131 119 119 114 123 124 % 83 98 94 88 90 95 95 85 92 98 92 87 87* 94 93 Note : this table concerns Directives: General matters 85/337, 90/313, 90/656, 90/660, 93/80. Waste 75/439, 75/442, 76/403, 78/319, 84/631, 85/339, 85/469, 86/121, 86/278, 86/279, 87/101, 87/112, 91/156, 91/157, 91/689, 93/86. 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. Ak 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. 91 Noise 79/113, 80/51, 81/1051, 83/206, 84/533, 84/534, 84/535, 84/536, 84/537, 84/538, 85/405, 85/406, 85/407, 85/408, 85/409, 86/594, 86/662, 87/252, 88/180, 88/181, 89/514, 89/629, 92/14, 95/27. Nature 79/409, 81/854, 83/129, 85/411, 85/444, 86/122, 89/370, 91/244, 92/43, 94/24. Chemicals 67/548, 69/81, 70/189, 73/146, 75/409, 76/907, 79/370, 79/831, 80/1189, 81/957, 82/232, 82/501, 83/467, 84/449, 86/431, 86/609, 87/18, 87/216, 87/217, 87/432, 88/302, 88/490, 88/610, 90/219, 90/220, 90/517, 91/325, 91/326, 91/410, 91/632, 92/32, 92/37, 92/69, 93/21, 93/67, 93/72, 93/90, 93/101,93/105,94/15,94/51. Radiation protection 80/836, 84/466,. 84/467, 89/618, 90/641, 92/3. The notification rate for Finland is actually much higher than this if the problems of transposing directives in the Aland Islands are disregarded They have considerable autonomy in these matters and are consequently required to take specific transposai measures. 92 TRANSPORT 1. INTRODUCTION The picture regarding application of Community transport law was somewhat mixed. There were encouraging results as regards surface transport. Apart from Directives 93/89/EEC (taxation of road transport) and 91/440/EEC (development of Community railways), where problems of application continue to give cause for concern, there have been relatively few specific problems with the transposai of directives in this area. The situation regarding sea transport is, however, rather worrying. Apart from the continued existence of legislation in many Member States regulating flag rights in a manner contrary to Community law, there are problems in five Member States where cargo-sharing agreements contrary to the principle of freedom of establishment remain in force with non-member countries. And the transposai of Directive 93/75/EEC (transport of dangerous goods) is incomplete in certain Member States. The main problem with air transport concerns the conclusion of bilateral "open skies" agreements with the United States by several Member States, against which the Commission has commenced infringement proceedings. 2. SITUATION SECTOR BY SECTOR 2. 1. Road transport Following notification of national implementing measures by Portugal, the transposai of Directive 90/398/EEC (vehicles hired without drivers) has now been completed in all Member States. On the taxation front, Directive 93/89/EEC (taxes on certain vehicles used for the carriage of goods by road) was annulled by the Court of Justice(63) on grounds of violation of substantial procedural requirements; the Council omitted to consult the European Parliament a second time before adopting the Directive although it had been heavily amended in relation to the Commission proposal. But the Court preserved the effects of the Directive pending the Council's adoption of new provisions. France, Italy and Ireland have not yet notified the Commission of national implementing measures, while for Belgium, Spain, Greece, Luxembourg and Portugal the measures notified are incomplete. In the social field, following the judgment given by the Court of Justice on 23 February 1994 (in Case C-336/93), the Belgian authorities have transposed Directive 88/599/EEC recording equipment). But Italy has not yet complied with the judgment given by the legislation (social - (63) Case C-21/94, judgment given on 5 July 1995. 93 Court on 23 February 1994 (in Case C-289/93). An Article 171 letter has been sent. A reasoned opinion was sent to Luxembourg as its national implementing legislation was not in conformity with Directive 89/438/EEC (admission to the occupation of road haulage operator). Directive 89/684/EEC (training for drivers of vehicles carrying dangerous goods) has now been the Member States; the infringement proceedings against Greece have been terminated following notification of its national implementing measures. transposed in all The general position regarding safety and is satisfactory and several infringement proceedings have been terminated. technical standards On roadworthiness testing, only Ireland (which has a derogation for the application of the Directive until 1 January 1998) has not notified national implementing Directive 91/328/EEC. The notificvation of measures measures transposing Directive 92/55/EEC (exhaust emissions) is complete in all Member States; the proceedings against France, Greece, Ireland and the United Kingdom have been terminated. Italy is the only Member State that has not notified measures transposing Directive 92/54/EEC (brakes). Directive 91/671 (compulsory use of safety belts) is fully transposed in all Member States except Belgium. Portugal is the only Member State still to notify measures implementing Directive 92/6/EEC (speed limitation devices). 2. 2. Combined transport By transposing Directive 75/130/EEC (common rules for certain types of combined transport), Italy gave effect to the judgment given by the Court of Justice on 7 May 1991 (in Case C-89/045) and terminated one of the longest-running infringement cases. The infringement proceedings against France, Italy and Portugal for failure to notify measures implementing Directive 92/106/EEC have been terminated; the only two proceedings still running are those against Greece and Belgium. 2. 3. Inland waterways A reasoned opinion was addressed to Germany for incorrect transposai of Directive 87/540/EEC (admission to the occupation of carrier of goods by waterway). The exemptions allowed by German law from requirements as to evidence of professional capacity are wider than those provided for by the Directive. Belgium's national implementing measures have still not come into force. 2. 4. Rail transport The transposai of Directive 91/440/EEC, one of the cornerstones of the Community policy for developing the railways, is incomplete in eight 94 Member States. Apart from Greece, which has notified no national implementing measures and has received a reasoned opinion, the Commission commenced infringement proceedings for failure to transpose Article 10 of the Directive, which confers certain rights of access to infrastructure for railway companies in the Community. 2. 5. Sea transport « Problems remain as regards compliance with Community flag rights legislation. For several years the Commission has been examining the conditions for entry in the Member States' shipping registers and the granting of flag rights. The conditions were usually discriminatory, relating among other things to shipowners' nationality, national control over shipowning companies, the nationality of their directors and managers, their principal place of establishment or centre of activity and crew members' nationality. The Commission has always regarded these conditions as constituting violations of the right of establishment, the principle of national treatment for holdings of company capital by nationals of other Member States and the principle of free movement of workers. In Factortame (Case C-221/89),(64) the Court unequivocally upheld the Commission's arguments. Infringement proceedings have been commenced against most of the Member States and the result has been either the amendment of their legislation in line with Community law or at least the preparation of draft amending instruments. Problems subsist with France, Belgium, Denmark, Ireland, Greece, Italy and the Netherlands; infringement proceedings are in motion, but a favourable outcome was achieved in Luxembourg, Germany and the United Kingdom, which have brought their legislation into line with Community law. On 5 October 1994 the Court gave judgment in the case concerning France's discriminatory system of dock dues, holding that France had failed to discharge its obligations under Article 1 of Regulation (EEC) No 4055/86 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries. The offending provisions were amended on 18 May 1994 and the proceedings were terminated. France was also sent a reasoned opinion for reserving the carriage of coal for vessels flying the French flag, but the infringement proceedings for the preferential flag rights for the carriage of oil and gas were terminated as the rules brought in by legislation enacted on 31 December 1992 replaced the legal obligation to carry oil and gas in vessels flying the French flag by an obligation to have access to oil and gas carriage capacity. The new arrangements ensure security of crude oil supplies to France in the manner most fully compatible with freedom to supply services in sea transport. (64) [1991] ECR 1-3956. 95 On the subject of cargo-sharing agreements with non-member countries, reasoned opinions were sent to Spain on account of its agreements with Russia and Tunisia, to Belgium and Luxembourg on account of their agreement with Malaysia, to Portugal on account of its agreement with Russia and to Italy on account of its agreement with Morocco. The transposai of Directive 93/75/EEC (minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods) is incomplete in certain Member States, and the Commission has not yet been notified of national implementing measures by Spain, Denmark, Italy, Portugal or the United Kingdom; reasoned opinions have been issued accordingly. 2. 6. Air transport As mentioned in the introduction, the most worrying problem is the conclusion of bilateral "open skies" agreements with the United States. Problems of conformity of national measures with Directive 91/670/EEC (mutual acceptance of personnel licences in civil aviation) have not been settled, though there has been a tangible decline in the number of complaints this year. However, some Member States have been misinterpreting the Directive in a restrictive manner that runs counter to the principle of free movement of workers and to the European dimension in the civil aviation business. A reasoned opinion was sent to France for its refusal to accept pilot licences issued in another Member State, but the infringement proceedings against the United Kingdom for failure to notify were terminated when notification was made. Article 169 letters were sent to Belgium, Greece, Spain, France, Italy and Portugal for failure to give notification of national measures implementing Directive 93/65/EEC (definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems). Resolving these problems is of obvious importance for the organization of public procurement in this area. Following the special procedure provided for by Article 8(3) of Regulation (EEC) No 2408/92, the British authorities asked the Commission to adopt a decision on the compatibility of the French Order of 15 November 1994 governing the distribution of air traffic in the Paris airports region with Community law. The Commission adopted a decision terminating the procedure and accepting that the Order was compatible except as regards a few disproportionate provisions. 2. 7. Summertime Infringement proceedings were commenced against Belgium, Denmark, Ireland, Italy, the Netherlands, Portugal and the United Kingdom for failure to notify it of measures transposing Directive 94/21/EEC. But the proceedings against Belgium and Ireland were terminated. 96 2. 8. Progress in implementing directives applicable to transport MEMBER STATE Directives applicable on 31. 12. 1995 Directives for which measures have been notified % ' BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG AUSTRIA NETHERLANDS PORTUGAL FINLAND SWEDEN UNITED KINGDOM 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 34 38 39 36 37 37 37 34 38 35 38 35 35 36 39 85 95 97. 5 90 92. 5 92. 5 92. 5 85 95 87. 5 95 87. 5 87. 5 90 97. 5 Note: this table concerns the following directives:(65) 62/2005, 74/561, 74/562, 76/135, 76/914, 77/143, 77/796, 79/115, 80/1263, 80/1266, 82/714, 84/647, 85/003, 86/360, 86/364, 87/540, 88/218, 88/449, 88/599, 89/338, 89/438, 89/459, 89/461, 89/684, 90/398, 91/060, 91/328, 91/440, 91/670, 91/671, 91/672, 92/006, 92/007, 92/054, 92/055, 92/106, 93/065, 93/075, 93/089, 94/21. (65) Directives 74/426, 74/149, 77/158, 78/175, 78/1016, 79/116, 79/1034, 80/049, 80/1178, 80/1179, 80/1180, 82/50, 83/572, 85/578, 85/579, 89/460 (see 12th annual report (1994)) no longer appear in the tables; either they have been repealed and replaced by other directives or Regulations or they made only amendments concerning certain Member States following successive enlargements and are no longer material. 97 ENERGY 1. INTRODUCTION In parallel with work on legislation to open up the markets for gas and electricity, the proceedings in the Court of Justice for the monopoly on imports and exports of gas and electricity in five Member States continue to follow their course. At 88%(66), the rate of transposai of directives is up on the rate for 1994. But the rate of transposai for the more recent directives is not satisfactory, and many infringement proceedings are currently in motion. 2. SITUATION SECTOR BY SECTOR 2. 1. Transparency of prices Measures implementing Directive 90/377/EEC (transparency of prices of gas and electricity) have been notified by all the Member States except Spain, which has prepared but not issued implementing measures. The infringement proceedings are running their course. 2. 2. Internal market for electricity and natural gas The proceedings against France concerning Directive 90/547/EEC (transit of electricity) have been terminated following notification of national implementing measures. Notification has now been received from all the Member States except Portugal. In one Member State the Directive was transposed by the technique of requiring firms to sign a written undertaking to comply with the provisions of the Directive, but this procedure is unacceptable in the absence of assurances as to the mandatory and irrevocable nature of the undertaking given and of adequate publicity. The actions brought before the Court regarding exclusive gas and electricity import rights in five Member States (Belgium, Spain, France, Ireland and Italy) are still in motion. 2. 3. Energy efficiency Five Member States (Austria, Portugal, Luxembourg, Italy and Belgium) have still not transposed Directive 92/42/EEC (efficiency requirements for new hot-water boilers). The infringement proceedings regarding Directive 92/75/EEC have been terminated; the Member States were accused only of failing to transpose the directives implementing it. Belgium, Germany, Italy and Luxembourg (66) See 12th Report. 98 have still not transposed Directive 94/2/EC (energy labelling of household electrical refrigerators, freezers and their combinations), which is one of the directives implementing Directive 92/75/EEC. Directive 93/76/EEC (to limit carbon dioxide emissions by improving energy efficiency (Save)) has been transposed by France, Ireland and the Netherlands. 2. 4. Oil and gas Directive 94/22/EC on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons was due to be transposed no later than 1 July 1995. Five Member States (Belgium, Spain, Ireland, Italy and the Netherlands) have still to notify national implementing measures. The Directive is not applicable in Luxembourg. 2. 5. Progress in implementing directives applicable to energy MEMBER STATE Directives applicable on 31. 12. 1995 Directives for which measures have been notified BELGIUM DENMARK GERMANY GREECE SPAIN FRANCE IRELAND ITALY LUXEMBOURG NETHERLANDS AUSTRIA PORTUGAL FINLAND SWEDEN UNITED KINGDOM 17 17 18 17 17 17 17 17 16 17 17 17 15 17 17 13 16 16 16 14 17 16 13 13 16 15 15 13 16 16 % 76 94 89 94 82 100 94 76 81 94 88 88 87 94 94 Note: this table concerns Directives 68/414, 72/425, 73/238, 75/339, 75/405, 76/491, 78/170, 82/885, 85/536, 87/441, 90/377, 90/547, 90/653 (applicable exclusively in Germany), 91/296, 92/42, 93/76, 94/2, 94/22 (not applicable in Luxembourg). Directives 91/296/EEC and 94/22/EC are not relevant to Finland, subject to verification by the Commission. 99 COMMUNITY STAFF The Commission referred to the Court of Justice the case against Spain concerning the transfer of pension rights (Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Communities). A reasoned opinion was addressed to Greece on the same subject. Denmark used to tax amounts paid into the Community pension scheme under Article 11(2) of Annex VIII to the Staff Regulations, and infringement proceedings were commenced accordingly. Act No 441 (1 June 1994) now exempts them, and the Danish authorities have clarified its scope; the infringement proceedings have been terminated. As for the abolition of the "* quotient conjugal' (aggregation of spouses' income for income tax assessment) as applicable to spouses of Community officials subject to Belgian income tax by virtue of the Act of 28 December 1990, an in-depth study revealed a problem of compatibility with the Belgian Constitution. The Belgian Court of Arbitration held in a case decided on in January 1994 that the relevant provisions were not unconstitutional, and the Commission was able to terminate the proceedings. On a slightly different matter, Belgium has only partly complied with the judgment given by the Court of Justice on 4 April 1990, holding that the 50% reduction in the temporaiy salaries paid to Belgian teachers seconded to the European Schools was incompatible with Community law. Following the commencement of Article 171 proceedings, salaries were reinstated at full rates and arrears were paid The proceedings were terminated. In Spain the law provides for residence permits to be issued to foreign nationals residing there, but Spain refused to issue them to Community staff. Infringement proceedings were commenced and residence permits have been issued since March 1995. The conformity of these permits with Commumty law is still being studied 100 STATISTICAL MATTERS The Member States' obligations in statistical matters are mainly to supply figures at predetermined intervals and in predetermined forms on specific questions. There are no major problems as regards either the application of statistical methods or compliance with deadlines. However, infringement proceedings were commenced against the Spanish and French authorities for failing to submit monthly data on the quantities and average prices of landings of fishery products (Council Regulation (EEC) No 1382/91) and annual catch statistics (Council Regulation (EEC) No 3880/91). 101 ANNEX I SUSPECTED INFRINGEMENTS 1991 to 1995 Table 1. 1 Table 1. 2 Table 1. 3 Origin Suspected infringements classified by sector and Member state Action taken classified by year of registration 102 Table 1. 1. Suspected infringements Origin O CO Year Complaints Parlementiary questions Petitions Cases detected by Commission Total 1991 1992 1993 1994 1995 1051 1185 1040 1145 955 126 45 30 5 30 O 18 33 23 6 4(*) 237 282 247 277 297 1432 1545 1340 1433 1252 (*) Since 1995, parliamentary questions and petitions have been included either in the number of cases detected by the Commission or in the number of complaints, as the case may be. Table 1. 2 SUSPECTED INFRINGEMENTS - Classified by sector and Member State B DK D EL E F IRL I L NL A P FIN S UK Total DGI External Relations DG II Economic and Financial Affairs ;' - •*• t è - ài 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 0 0 0 1 0 0 0 0 1 0 DG ill 1991 28 0 d 0 0 0 0 1 0 0 0 7 Internal Market and Industrial Affairs 1992 20 14 (up to 1992) Industry (1993) DGIV Competition 1993 1994 1995 1991 1992 1993 1994 1995 1 2 1 1 3 2 1 2 5 0 3 4 0 4 0 2 0 0 2 0 0 1 1 0 1 0 63 74 4 12 10 1 6 2 2 4 0 0 0 1 0 1 3 2 1 1 1 0 0 0 0 1 0 2 0 0 41 44 72 39 5 7 1 1 2 7 20 0 1 3 2 5 8 2 3 5 1 0 0 0 0 2 0 0 2 1 0 0 0 0 0 0 0 0 1 0 90 10 71 1 1 6 4 6 5 3 6 8 0 1 0 1 2 2 1 0 0 1 0 0 0 2 0 1 1 0 56 48 7 8 2 4 7 7 4 11 0 0 0 0 0 0 0 0 0 0 5 6 1 1 1 0 3 1 1 0 0 0 1 0 0 0 0 0 0 0 19 20 6 1 4 2 3 3 2 1 0 0 0 0 0 1 1 1 2 0 19 13 1 6 1 2 0 2 1 1 0 2 0 4 0 0 1 0 1 4 0 0 0 0 1 0 0 1 0 0 1 0 28 25 2 2 2 3 2 1 0 1 2 1 4 2 0 9 6 6 10 5 438 382 34 44 38 28 42 38 38 37 B DK D EL E F IRL I L NL A P FIN S UK Total DGV Employment, Industrial Relations and Social Affairs DGVI Agriculture DGVII Transport en DGIX Personnel and Administration DGX Audiovisual Media, Information, Communication and Culture 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 11 7 4 3 7 9 11 4 38 7 1 0 2 1 8 2 0 0 0 2 0 1 0 0 3 2 1 4 0 2 7 6 3 12 10 1 1 0 1 3 0 0 1 0 0 0 1 1 0 0 7 4 3 3 2 13 18 8 29 16 5 3 2 0 16 0 0 0 0 0 0 1 0 0 0 13 4 4 4 1 24 16 6 12 11 2 3 3 2 5 0 0 1 0 0 0 1 1 0 1 5 5 3 2 1 23 47 21 38 3 2 4 4 14 5 1 1 1 0 0 0 1 1 0 0 7 4 11 7 10 48 36 30 67 35 4 3 13 18 9 0 1 0 0 0 0 1 1 0 0 1 3 2 1 2 7 7 5 13 5 1 1 0 0 3 0 0 0 0 0 0 1 0 0 0 6 14 3 14 1 33 48 20 23 28 4 5 3 2 9 0 0 0 0 0 0 1 0 1 0 0 1 0 0 1 3 6 0 3 2 1 2 1 1 5 0 0 0 0 0 0 1 0 0 0 2 2 0 1 3 10 1 5 1 2 2 4 7 8 8 7 7 9 5 5 1 4 3 6 0 0 0 0 0 0 1 0 0 0 41 13 5 3 2 1 0 1 0 0 0 0 0 0 1 0 0 0 2 0 1 7 8 8 24 7 50 37 8 32 14 4 0 1 6 4 0 0 0 0 0 0 1 0 3 1 1 1 0 5 2 4 0 0 1 1 66 54 44 61 44 234 247 120 317 159 33 25 34 48 82 3 2 3 0 2 0 12 4 4 8 B DK D EL E F IRL I L NL A P FIN s UK Total DGXI Environment, Nuclear Safety and Civil Protection DG XIII Telecommunications, Information Market and Exploitation of Research DGXIV : - " * •• Fisheries DGXV Financial Institutions and Company Law (up to 1992) Internal Market and Financial Services (1993) DGXVI Regional Policies = = = = = = = = =^= = = = = = = = = = = = = = = = = = = = = = = = == 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 12 17 10 16 6 7 1 0 0 0 2 0 1 0 0 0 1 7 53 33 36 0 0 0 0 0 8 7 4 1 0 0 0 0 0 0 1 1 1 0 3 5 9 11 13 0 0 0 0 0 63 53 31 60 29 1 0 0 1 1 0 1 1 0 2 9 5 86 76 84 0 0 0 0 0 59 77 46 17 15 83 115 103 89 66 50 49 31 42 31 33 43 36 38 21 0 0 1 0 0 0 1 0 1 1 3 2 58 44 39 0 0 0 0 0 0 0. 1 0 1 1 5 0 2 1 1 3 34 40 56 0 0 0 0 0 1 0 0 0 0 3 2 2 3 1 0 6 99 95 91 0 0 0 0 0 37 63 23 21 12 0 0 1 0 0 0 2 1 0 0 6 5 108 106 0 0 0 0 0 0 2 0 1 0 1 1 6 7 11 65 0 1 0 0 1 0 0 0 0 0 2 2 2 4 6 0 0 0 0 0 0 0 0 0 0 0 2 6 7 7 0 0 0 0 0 7 9 6 4 11 4 1 0 1 0 1 4 0 1 0 0 3 3 25 32 26 0 0 0 0 0 0 0 21 0 24 28 21 16 11 0 0 3 0 2 0 0 0 0 0 0 0 15 19 22 0 0 0 0 0 70 131 64 57 34 0 0 0 0 0 1 2 1 1 0 2 3 42 23 2 0 0 0 0 0 8 4 0 0 0 0 9 30 0 0 455 587 383 359 265 4 0 7 1 7 9 17 7 9 5 29 42 541 493 512 0 1 0 0 1 DGXVII Energy DGXIX Budgets DGXXI Customs and Indirect Taxation DGXXII Human Resources, Education, Training and Youth DG XXIII Enterprise Policy, Distributive Trades, Tourism and Cooperatives B DK D EL E F IRL I L NL A P FIN s UK Total 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 0 0 0 0 1 0 0 0 1 1 7 9 8 4 3 1 1 0 0 0 0 0 1 0 0 0 0 0 0 1 0 0 0 0 0 10 5 2 3 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 0 0 0 1 8 3 8 1 5 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 8 11 12 3 8 0 0 0 0 0 0 1 0 0 0 1 0 0 1 2 0 1 0 0 0 12 16 5 1 2 0 0 1 1 0 2 0 2 2 1 0 0 0 1 1 0 0 1 0 0 8 11 9 2 13 1 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 6 0 4 2 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 23 11 17 4 10 2 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 2 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 5 6 2 3 2 1 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 8 3 2 2 0 0 0 0 0 0 0 0 0 0 0 1 0 3 0 1 0 0 0 0 4 2 0 0 0 0 0 0 0 1 1 0 0 0 0 0 4 8 9 3 7 0 1 0 2 0 0 1 0 0 2 0 0 3 14 1 1 1 1 3 95 84 82 28 62 8 3 1 4 0 3 2 3 2 2 DGXXIV Consumer Policy Service SOEC Statistical Office LS Legal Service GO SG Secretariat-General Total B DK D EL E F IRL I L NL A P FIN S UK Total 0 0 0 1 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 4 11 1 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 1 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 1 0 2 0 0 2 0 0 0 0 0 0 0 1 5 5 4 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 75 52 177 153 210 221 70 45 181 168 247 195 92 37 149 146 184 209 92 33 185 112 196 246 80 36 171 84 147 210 58 70 52 66 44 2 2 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 175 11 54 207 25 54 192 14 67 185 18 85 0 0 0 0 0 0 0 0 140 25 65 45 1 4 2 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 73 60 59 59 52 3 3 2 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 173 223 139 156 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 28 52 73 12 35 21 9 0 1 0 2 0 3 0 2 5 0 3 0 0 0 0 0 1432 1545 1340 1433 1252 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 1991 1992 1993 1994 1995 Table 1. 3. Suspected infringements Action taken classified by year of registration o CD Year Total cases Terminated In motion Established infringements 1991 1992 1993 1994 1995 1432 1545 1340 1433 1252 1001 1. 121 882 669 178 125 168 228 560 1019 306 256 230 204 55 ANNEXE ESTABLISHED INFRINGEMENTS 1991 to 1995 Table 2. 1 Table 2. 2 Table 2. 3 Table 2. 4 Table 2. 5 Table 2. 6 Table 2. 7 Established infringements, classified by stage of proceedings and Member State Infringements proceedings classified by Member State, stage reached and legal basis Trend by Member State and year commenced (1991) Trend by Member State and year commenced (1992) Trend by Member State and year commenced (1993) Trend by Member State and year commenced (1994) Trend by Member State and year commenced (1995) 110 Table 2. 1 Established infringements - Classified by stage of proceedings and Member State Article 169 letters Reasoned opinions Referrals to Court Member State B DK D EL E F IRL I L NL A P FIN S UK Total 1991 71 52 60 88 79 54 59 115 64 62 1992 110 46 97 112 129 113 87 138 97 75 1993 98 66 120 125 107 105 91 108 91 75 1994 77 57 90 96 86 90 70 102 64 73 86 116 125 96 63 853 97 98 1217 1209 73 974 1995 80 42 92 113 81 97 67 114 71 59 4 115 2 2 77 1016 1991 46 3 13 48 30 15 27 76 35 23 1992 22 4 18 30 39 10 13 40 21 16 1993 26 3 35 41 28 39 25 49 29 22 1994 41 14 66 85 53 49 47 60 36 20 84 22 40 54 11 411 13 248 15 352 21 546 1995 19 1 25 26 15 17 3 36 9 4 0 22 0 0 15 192 1991 8 1 1 9 2 4 3 24 4 7 1992 6 0 5 4 5 1 9 11 14 5 1993 7 0 4 4 5 2 0 6 11 5 1994 10 0 5 17 9 8 12 12 6 4 2 1 0 5 0 65 3 64 0 44 1 89 1995 6 0 10 12 6 6 6 17 3 0 0 4 0 0 2 72 Table 2. 2. INFRINGEMENT PROCEEDINGS CLASSIFIED BY MEMBER STATE, STAGE REACHED AND LEGAL BASIS Total 1991 Directives No notif Impl. prob. Appl prob Treaties Total Regu lations Decisions 1992 Directives No Impl. not». prob. Appl prob. Treaties Total Regu lations Decisions 1993 Directives No now. Impl. prob. Appl prob. Treaties Total Regu lations Decisions 1994 Directives No notif Impl. prob. Appl. prob Treaties Total Regu lations Decisions 1995 Directives No non. Impl. prob. Appl. prob. Treaties Regu lations Decisions •N2 B DK D EL E F IRL 1 L NL 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 Art. 169 RO REF 71 46 8 62 3 1 60 13 1 88 48 9 79 30 2 54 16 4 59 27 3 Art 169 115 76 24i 64 ! 35 ! 4j 62| 231 7: ! 86 84 2 RO REF Art. 169 RO REF Art. 169 RO REF 1 Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF Art. 169 RO REF 7 9 1 4 1 1 12 4 1 18 5 2 12 5 2 8 4 1 8 2 1 31 23 61 4 2 12 4 5 3 1 1 19 2 9 3 2, 1 1 1 2 I 3' 5 3 19 2 2 2 1 1 49 22 3 34 1 36 6 34 37 2 41 \8 30 4 1i 46! 22 2 56 40 j 15, 35 29 ; 3J 39 141 5j i 64 79 2 10 15 1 13 1 11 3 110 22 6 46 4 0 97 18 5 17 112 4 5 17 4 30 4 129 39 5 14 113 6 1 4 1 25 8 6 2 1 9 3 1 10 1 87! 131 9 138i 40, 11 97 21 14 75{ 16 5| j 116 22 1 84 13 2 39 2 77 4 1 93 13 1 89 20 1j 67 2 78 121 8! 87 10 5| 90| 13! io! 61 7i 5J j i 88 18 1 1 6 2 1 4 1 3 3 1 4 4 4 1 1 1 1 1 2 7 1 15 2 1 2 10 5 3 7 7 1 16 4 2 25 1 4 1 27 13 4 5 1 8 5 13 2 1 10 6 3 5 2 4 7 8 10 1 21 12 1 17 8 1 1 20 16 1 1 7 2 5 2 98 26 7 66 3 0 120 35 4 73 16 5 63 1 95 22 125 104 41 4 107 28 6 105 39 2 91 25i °i 108 491 6 91 29 11 75 22 6 33 4 80 19 3 82 22 85 17 75 31 3 84 28 5 64J 14| 1 1 3 3 1 2 3 1 1 1 2 2 2 4 8, 1j 1! H j 1 2 8 1 125 40 0 100 35 8 1 15 2 15 5 12 2 15 5 11 7 1 3 2 16 8 1 2 1 8 3 3 14 2 9 7 2 1 2 7 7 2 6 6 11 3 1 10. 8 1 1 2 9 9 1 4 6 2 3 1 3 2 77 41 10 57 14 0 90 66 6 96 85 17 66 63 9 90 49 8 70 47 12 102 60 12 64 36 6 73 20 4 58 36 6 51 12 63 58 2 72 80 12 62 48 8 64 38 5 62 45 11 66 56j 5i 58) 36 j 5 49j 171 2 4 1 1 1 5 1 2 1 2 1 2 2 2 4 3 11 4 1 2 19 3 2 20 3 2 14 4 11 6 3 21 2 4 20 3 1 96 64 6 70 j 49 5 5 1 12 3 11 3 10j 2 4 2 3 2 3 4 1 4 3 9 1 1 13 4 3 3 2 1 80 19 6 42 1 0 92 25 10 113 26 12 81 15 6 97 17 6 67 3 6 13 114 3 2 1 1 1 9 1 36 17 71 9 3 59 4 0 4 0 0 115 22 4 2 0 0 2 0 0 77 16 2 59 15 4 36 1 63 15 7 90 14 8 61 9 5 70 8 4 59 3i 6I ! 85i 16 i 13 66! 6 3 47 1 98 15 4 3 1 5 4 2 1 1 3 8 1 1 6 14 5 1 13 8 2 12 4 1 11 5 1] 3 I 31 l| i 1i 1 1 I i 4 1 10 10 2 3 1 8l 2J i 2| ! 9 4 1 1 4 2 10 3 10 1 9 4 2 7 2 13 4 2 4 16 9 2 2 1 3 2 4 2 1 1 7 2 63 11 0 853 411 66 40 7 504 279 33 7 70 17 8 1 2 128 64 15 15 2 97 13 3 151 1217 51 9 248 94 82 12 935 126 33 4 39 11 5 6 2 138 38 17 5 1 1 98 16 0 105 1209 73 9 362 44 82 6 987 244 21 2 3 32 18 4 8 3 121 38 5 6 3 69 52 14 73 21 1 974 646 69 57 21 732 496 61 1 32 8 2 3 10 3 65 11 2 799 114 56 1 23 8 3 143 28 10 67 14 16 1016 162 72 105 42 7 89 28 6 Table 2. 3. Established infringements - Trend by Member State and year case commenced 1991 Cases Term, after In motion aftei Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For CO Total B DK D EL E F IRL I L NL P UK Art. 169 letter 507 39 46 40 53 35 40 35 61 32 44 41 41 853 71 52 60 88 79 54 59 115 64 62 86 63 Art. 169 letter 17 2 2 2 2 1 2 1 2 1 2 opinions 318 31 4 18 28 37 13 21 52 32 17 44 21 after R. O. 218 22 3 14 12 32 8 13 29 15 9 42 19 after R. O. 99 9 1 4 16 5 4 8 23 17 8 2 2 after referrals 31 1 70 4 2 11 1 2 1 5 7 1 3 15 3 2 7 12 15 7 1 1 18 1 2 1 5 8 1 Commission 21 3 22 3 Member States 1 2 2 5 3 5 1 1 2 2 5 2 5 1 1 1 Table 2. 4. Established infringements - Trend by Member State and year case commenced 1992 Cases Term, after In motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For 0-* Total B DK D EL E F IRL I L NL P UK Art. 169 letter 768 74 42 53 65 91 61 58 67 66 53 63 75 1217 110 46 97 112 129 113 87 138 97 75 116 97 Art. 169 letter 36 7 1 2 1 4 4 2 8 1 4 2 opinions 396 26 3 41 45 32 44 26 65 30 20 49 15 after R. O. 234 14 3 27 28 14 21 13 35 20 13 35 11 after R. O. 155 12 after referrals 28 4 106 11 14 17 18 21 12 27 10 7 13 4 7 15 9 12 12 18 9 5 7 1 4 5 2 3 5 3 1 1 51 2 3 5 3 12 3 8 6 2 7 Commission 27 5 30 5 Member States 0 2 6 4 6 5 2 5 4 6 5 2 Table 2. 5. Established infringements - Trend by Member State and year case commenced 1993 Cases Term, after In motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For Total B DK D EL E F IRL I L NL P UK Art. 169 letter 750 56 60 71 57 68 65 54 52 62 56 75 74 1209 98 66 120 125 107 105 91 108 91 75 125 98 Art. 169 letter 92 15 1 7 6 7 8 9 15 3 4 10 7 opinions 360 27 5 41 61 31 31 27 39 27 14 41 16 after RO. 227 13 5 26 42 18 18 18 24 20 11 26 6 after R. O. 133 14 after referrals 44 2 73 4 15 19 13 13 9 15 7 3 15 10 11 9 11 6 8 12 3 1 6 2 4 5 10 1 7 9 2 2 2 22 2 7 3 1 2 1 1 1 4 Commission 7 Member States 1 8 1 1 1 3 2 1 1 3 2 1 Table 2. 6. Established infringements - Trend by Member State and year case commenced 1994 Cases Term, after In motion after Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For Total B DK D EL E F IRL I L NL P UK Art. 169 letter 491 25 50 35 37 38 43 43 39 38 54 49 40 974 77 57 90 96 86 90 70 102 64 73 96 73 Art. 169 letter 230 28 2 26 20 24 30 12 24 12 13 25 14 opinions 252 25 5 29 38 23 18 14 40 15 7 21 17 after R. O. 98 10 5 9 19 13 5 5 4 11 5 7 5 after R. O. 154 15 after referrals 32 1 32 1 0 Commission 0 Member States 0 0 20 19 10 13 9 36 4 2 14 12 1 7 6 13 1 7 6 13 4 4 Table 2. 7. Established infringements - Trend by Member State and year case commenced 1995 Cases Term, after In motion aftei Reasoned Terminated In motion Referrals In motion Withdrawn Judgments For For Total B DK D EL E F IRL I L NL A P FIN S UK Art. 169 letter 290 17 19 20 36 24 28 20 20 22 21 31 32 1016 80 42 92 113 81 97 67 114 71 59 4 115 2 2 77 Art. 169 letter 716 65 22 74 76 56 70 47 91 48 36 4 82 2 2 41 opinions 11 after R. O. 0 after R. O. 11 after referrals 0 0 0 Commission 0 Member States 0 0 1 1 1 1 3 1 1 1 1 1 1 1 1 3 1 1 _ 1 1 ANNEX III INFRINGEMENTS OF TREATIES, REGULATIONS AND DECISIONS 118 EXTERNAL RELATIONS GREECE NUMBER LEG BASE TITLE DD. REF CASE 94/2083 157E005;157E0030;157E034;157E113;369R2603;378R2112;382 R0288; 392R2913;392R3698 RESTRICTIONS ON TRADE WITH FYROM DATE OF REFERRAL : 94/04/25 C-94/120:C-94/120R ECONOMIC AND FINANCIAL AFFAIRS PORTUGAL NUMBER LEG BASE TITLE DD RO COMPETITION BELGIUM NUMBER LEG. BASE TITLE DD RO DD. REF CASE DATE JUDGMENT JUFOR SPAIN NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 91/2097 157E052;157E058;157E221 DISCRIMINATION CONCERNING FOREIGN INVESTMENT IN PRIVATIZED COMPANIES DATE REASONED OPINION SENT: 95/05/29 89/0030 157E171; 384D0508 AID FOR IDEALSPUN/BEAULIEU DATE REASONED OPINION SENT: 89/08/30 DATE OF REFERRAL : 89/12/18 C-89/375 DATE OF JUDGMENT : 91/02/19 COMMISSION 91/0755 157E030;157E034;157E037;157E048 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL : 94/06/15 C-94/160 119 FRANCE NUMBER LEG BASE TITLE DD. RO DD. REF CASE IRELAND NUMBER LEG. BASE TITLE DD. RO DD. REF CASE ITALY NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG BASE TITLE DD RO NUMBER LEG BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 91/0751 157E037;157E030;157E034 EXCLUSIVE RIGHTS IN RESPECT OF GAS + ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL : 94/06/14 C-94/159 91/0756 157E030;157E034;157E037 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT : 92/11/26 DATE OF REFERRAL : 94/06/13 C-94/156 91/0757 157E030;157E034;157E037 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL : 94/06/15 C-94/158 (ASSISTANCE TO COMMISSION (ASSISTANCE TO COMMISSION 92/2028 387R3975 AIR TRANSPORT INQUIRIES) DATE REASONED OPINION SENT: 95/05/18 92/2035 368R4056 SEA TRANSPORT INQUIRIES) DATE REASONED OPINION SENT: 95/06/12 93/2054 368R1017 SURFACE TRANSPORT DATE REASONED OPINION SENT: 95/12/21 93/2181 157E003;157E005;157E085 CUSTOMS FORWARDING AGENTS DATE REASONED OPINION SENT: 95/06/21 DATE OF REFERRAL : 96/02/09 C-96/035 120 NETHERLANDS NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 91/0759 157E030;157E037 EXCLUSIVE RIGHTS IN RESPECT OF ELECTRICITY DATE REASONED OPINION SENT: 92/11/26 DATE OF REFERRAL : 94/06/13 C-94/157 EMPLOYMENT AND SOCIAL POLICY BELGIUM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JU FOR DATE 171 LETTER 87/0207 157E048;368R1612 N A T I O N A L I TY TELECOMMUNICATIONS AND RADIO-TELEVISION DATE REASONED OPINION SENT: 92/08/06 R E Q U I R E M E NT - P O S T S, 88/0364 157E048;368R1612;371R1408;683J0249;684J0122;683J0261;673 J0187;674J0039;675J0007;157E0171 COVERT DISCRIMINATION AS REGARDS WELFARE BENEFITS AND SERVICES DATE REASONED OPINION SENT: 89/08/28 DATE OF REFERRAL : 90/10/23 C-90/326 DATE OF JUDGMENT : 92/11/10 COMMISSION DATE ART 171 LETTER SENT : 95/07/03 NUMBER LEG BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER 89/0457 157E007;157E128;157E171 STUDY GRANTS - DISCRIMINATION ON THE BASIS OF NATIONALITY DATE REASONED OPINION SENT: 91/03/21 DATE OF REFERRAL : 93/02/17 C-93/047 DATE OF JUDGMENT : 94/05/03 COMMISSION DATE ART 171 LETTER SENT : 95/10/03 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 90/0404 157E007;157E048;157E052;368R1612 DISCRIMINATION REGARDING STUDY GRANTS FOR WORKERS DATE REASONED OPINION SENT: 93/05/17 91/0573 157E048;368R1612 ACCESS TO EMPLOYMENT IN SEA AND AIR TRANSPORT DATE REASONED OPINION SENT: 92/08/06 121 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE GERMANY NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 91/0574 157E048;368R1612 ACCESS TO EMPLOYMENT IN DISTRIBUTION OF WATER, GAS AND ELECTRICITY DATE REASONED OPINION SENT: 92/08/06 DATE OF REFERRAL : 94/06/22 C-94/173 91/2017 157E045;368R1612 EQUAL TREATMENT - ACCESS TO EMPLOYMENT - DISCRIMINATION AGAINST CHILDREN OF MIGRANT WORKERS DATE REASONED OPINION SENT: 93/08/13 DATE OF REFERRAL : 94/10/13 C-94/278 87/0282 157E048;368R1612 EQUAL TREATMENT - TAX ADVANTAGES DATE REASONED OPINION SENT: 89/03/01 89/0116 368R1612;157E048 TAXATION OF NON-RESIDENTS DATE REASONED OPINION SENT: 92/02/19 90/0179 157E048;368R1612;157E052;157E059 EQUAL TREATMENT - TAX ADVANTAGES DATE REASONED OPINION SENT: 94/05/04 NUMBER LEG. BASE TITLE HOUSE DD. RO 89/5227 157E048;368R1612 NATIONALITY DISCRIMINATION IN RESPECT OF EMPLOYMENT AS CELLIST AT THE ATHENS OPERA D A TE SENT: 93/03/03 R E A S O N ED O P I N I ON DD. REF CASE NUMBER LEG. BASE TITLE DD RO DATE OF REFERRAL : 94/10/26 C-94/290 90/4816 157E048; 368R1612 NATIONALITY DISCRIMINATION ASSISTANTS DATE REASONED OPINION SENT: 93/08/03 - LANGUAGE 122 DD. REF CASE DATE OF JUDGMENT JUFOR COMMISSION DATE OF REFERRAL : 94/04/27 C-94/123 DATE OF JUDGMENT 95/06/01 NUMBER LEG BASE TITLE DD. RO DD. REF CASE NUMBER LEG BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 91/0583 368R1612;157E048; NATIONALITY DISCRIMINATION - ACCESS EMPLOYMENT IN PUBLIC ELECTRICITY COMPANY DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL : 94/10/26 C-94/290 TO 91/0584 368R1612;157E048; NATIONALITY DISCRIMINATION - ACCESS TO EMPLOYMENT IN PUBLIC SERVICE - DOCTORS IN PUBLIC HOSPITALS DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL : 94/10/26 C-94/290 91/0585 157E048;368R1612; ACCESS TO EMPLOYMENT IN PUBLIC EDUCATION DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL : 94/10/26 C-94/290 91/0586 157E048;368R1612; ACCESS TO EMPLOYMENT IN SEA AND AIR TRANSPORT DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL : 94/10/26 C-94/290 91/0587 157E048;368R1612; ACCESS TO EMPLOYMENT IN SURFACE TRANSPORT DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL : 94/10/26 C-94/290 91/0588 157E048;368R1612; ACCESS TO EMPLOYMENT IN CIVILIAN RESEARCH DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL : 94/10/26 C-94/290 123 NUMBER LEG. BASE TITLE DD RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO SPAIN NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG BASE TITLE DD. RO DD. TERM FRANCE NUMBER LEG. BASE TITLE DD RO IN P O S T S, TO E M P L O Y M E NT IN OTHER MEMBER STATES 91/0589 157E048;368R1612; A C C E SS TELECOMMUNICATIONS AND RADIO-TELEVISION DATE REASONED OPINION SENT: 92/07/13 DATE OF REFERRAL : 94/10/26 C-94/290 91/4957 157E048 PERIOD WORKED CALCULATION OF SENIORITY DATE REASONED OPINION SENT: 95/05/18 92/4760 157E048;157E052;157E059;368R1612 NATIONALITY DISCRIMINATION - STATUS OF FAMILLE NOMBREUSE DATE REASONED OPINION SENT: 95/05/18 93/4236 157E048 ACCESS TO EMPLOYMENT AND TERMS OF EMPLOYMENT FOR SPECIALIST DOCTORS DATE REASONED OPINION SENT 95/06/19 91/0625 368R0612;157E048;157E007; NATIONALITY DISCRIMINATION - PUBLIC EDUCATION DATE REASONED OPINION SENT: 92/08/06 95/12/13 : TERMINATION DECISION 91/0628 157E048;368R1612; ACCESS TO EMPLOYMENT IN PUBLIC HEALTH DATE REASONED OPINION SENT: 92/08/06 95/12/13 : TERMINATION DECISION 91/0629 157E048;368R1612; ACCESS TO EMPLOYMENT IN CIVILIAN RESEARCH DATE REASONED OPINION SENT 92/08/06 95/12/13 : TERMINATION DECISION 90/0284 157E048;368R1612;157E005 ACCESS TO EMPLOYMENT ON BOARD SHIP DATE REASONED OPINION SENT: 91/04/17 124 NUMBER LEG BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD RO NUMBER LEG. BASE TITLE DD. RO ITALY NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD RO NUMBER LEG. BASE TITLE DD. RO 91/0233 157E048;368R1612; ACCESS TO EMPLOYMENT WATERWAY TRANSPORT DATE REASONED OPINION SENT: 92/08/06 91/2373 368R1612 REFUSAL TO GRANT EDUCATION ALLOWANCE DATE REASONED OPINION SENT: 94/08/04 SEA AND IN INLAND 93/4403 368R1612 CALCULATION OF SUPPLEMENTARY RETIREMENT BENEFITS FOR FRONTIER WORKERS DATE REASONED OPINION SENT: 95/07/28 87/0212 157E048;368R1612 NATIONALITY REQUIREMENT EMPLOYMENT IN VARIOUS PUBLIC ESTABLISHMENTS DATE REASONED OPINION SENT: 92/11/09 FOR ACCESS TO FOR ACCESS TO 87/0213 157E048;368R1612 NATIONALITY REQUIREMENT EMPLOYMENT IN PUBLIC EDUCATION DATE REASONED OPINION SENT: 92/10/15 91/0576 368R1612;157E048; NATIONALITY DISCRIMINATION TO EMPLOYMENT IN PUBLIC GAS AND WATER COMPANIES DATE REASONED OPINION SENT: 92/10/15 - ACCESS 91/0577 157E048;368R1612; A C C E SS TELECOMMUNICATIONS AND RADIO-TELEVISION DATE REASONED OPINION SENT: 92/10/15 E M P L O Y M E NT TO IN P O S T S? 91/0578 157E048;368R1612; ACCESS TO EMPLOYMENT IN AIR TRANSPORT DATE REASONED OPINION SENT: 92/10/15 91/0579 157E048;368R1612; ACCESS TO EMPLOYMENT IN CIVILIAN RESEARCH DATE REASONED OPINION SENT: 92/10/15 125 NUMBER LEG. BASE TITLE DD RO NUMBER LEG BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD RO NUMBER LEG BASE TITLE DD. RO 91/0580 157E048;368R1612; ACCESS TO EMPLOYMENT IN URBAN AND REGIONAL TRANSPORT DATE REASONED OPINION SENT: 92/10/15 91/0581 157E048;368R1612; ACCESS TO EMPLOYMENT WATERWAY TRANSPORT DATE REASONED OPINION SENT: 92/11/09 IN SEA AND INLAND 91/0582 157E048;368R1612; ACCESS TO EMPLOYMENT IN PUBLIC HEALTH DATE REASONED OPINION SENT: 92/10/15 92/4660 368R1612;157E048 CONDITIONS OF EMPLOYMENT OF TEACHERS DATE REASONED OPINION SENT: 93/12/31 LUXEMBOURG NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DD. TERM : NUMBER LEG. BASE TITLE DD RO DD. REF CASE DATE JUDGMENT JUFOR 87/0420 157E048;368R1612 RESIDENCE REQUIREMENTS FOR ELIGIBILITY PRENATAL AND MATERNITY BENEFITS DATE REASONED OPINION SENT: 90/07/06 DATE OF REFERRAL : 91/04/15 C-91/111 FOR DATE OF JUDGMENT : 93/03/10 COMMISSION 95/12/13 TERMINATION DECISION 89/0408 368R1612; 157E048; INCOME TAX ACT: TAXATION OF NON-RESIDENTS DATE REASONED OPINION SENT: 92/02/04 DATE OF REFERRAL : 94/06/03 C-94/151 DATE OF JUDGMENT : 95/10/26 COMMISSION NUMBER LEG. BASE TITLE DD RO DD. REF CASE 89/0521 157E048;368R1612 NATIONALITY DISCRIMINATION DATE REASONED OPINION SENT: 90/10/23 DATE OF REFERRAL : 92/04/13 C-92/118 126 DATE JUDGMENT JUFOR DD. TERM : DATE OF JUDGMENT : 94/05/18 COMMISSION 95/12/13 : TERMINATION DECISION NUMBER LEG. BASE TITLE DD RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 91/0222 157E048;368R1612; ACCESS TO EMPLOYMENT IN SURFACE TRANSPORT DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL : 93/12/17 C-93/473 91/0223 157E048;368R1612; ACCESS TO EMPLOYMENT IN CIVILIAN RESEARCH DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL : 93/12/17 C-93/473 91/0224 157E048;368R1612; ACCESS TO EMPLOYMENT IN PUBLIC EDUCATION DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL : 93/12/17 C-93/473 91/0225 157E048;368R1612; ACCESS TO EMPLOYMENT TELECOMMUNICATIONS DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL : 93/12/17 C-93/473 IN POSTS AND 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 C-93/473 91/0228 368R1612;157E048; NATIONALITY DISCRIMINATION EMPLOYMENT - NURSES IN PUBLIC HOSPITALS DATE REASONED OPINION SENT: 92/07/14 DATE OF REFERRAL : 93/12/17 C-93/473 - ACCESS TO 127 UNITED KINGDOM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 92/2247 157E048;368R1612 NATIONALITY DISCRIMINATION EDUCATION DATE REASONED OPINION SENT: 95/11/14 - UNIVERSITY 94/4092 157E005;157E048;157E051 DISSOLUTION OF GIBRALTAR PENSION FUND DATE REASONED OPINION SENT: 95/10/31 AGRICULTURE GERMANY NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DD. TERM NUMBER LEG. BASE TITLE : DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE GREECE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE 90/0375 157E030;381R3796 IMPORTS OF LIVE SOFT-WATER CRAYFISH DATE REASONED OPINION SENT: 90/12/15 DATE OF REFERRAL : 93/03/31 C-93/131 DATE OF JUDGMENT : 94/07/13 COMMISSION 95/06/28 : TERMINATION DECISION 90/5328 387R0823;387R3929;157E040 MAXIMUM YIELD PER HECTARE IN WINE-GROWING. PRIVILEGES FOR COOPERATIVES (R) DATE REASONED OPINION SENT: 95/07/03 93/2097 157E030;391L0497 BARRIERS TO IMPORTS OF BOARS FROM DENMARK DATE REASONED OPINION SENT: 94/10/05 DATE OF REFERRAL : 96/03/27 C-96/102 85/0101 380R1837;3fc2R0019;383R0020;157E113;157E030;157E171 PRICES OF SHEEP AND GOATS HUNGARY DATE REASONED OPINION SENT: 86/02/25 DATE OF REFERRAL : 87/04/15 C-87/127 IMPORTED FROM 128 CE NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE IRELAND NUMBER LEG. BASE TITLE : DD. RO DD. REF CASE DATE JUDGMENT JUFOR ITALY 91/4811 389R1576; SALE OF A BEVERAGE UNDER THE NAME OF WHISKY, CONTRARY TO REGULATIONS DATE REASONED OPINION SENT: 93/10/11 95/06/28 : TERMINATION DECISION 92/4664 391R1697;368R0804 DEFINITIVE ABANDONMENT OF MILK PRODUCTION DATE REASONED OPINION SENT: 95/01/19 94/4466 157E030 BARRIERS TO IMPORTS OF SPANISH STRAWBERRIES DATE REASONED OPINION SENT: 95/05/05 DATE OF REFERRAL : 95/08/04 C-95/265 88/0449 377L0504;388D0124;157E030;157E171 IMPORT RESTRICTIONS - SEMEN OF BULLS AND PIGS FOR ARTIFICIAL INSEMINATION DATE REASONED OPINION SENT: 89/10/12 DATE OF REFERRAL : 91/09/17 C-91/235 DATE OF JUDGMENT : 92/11/17 COMMISSION NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JU FOR DD. TERM : • 88/0464 157E030; 157E036; 373R1641;381R3796 RESTRICTIONS ON FISH IMPORTS DATE REASONED OPINION SENT: 90/07/02 DATE OF REFERRAL : 91/09/11 C-91/228 DATE OF JUDGMENT : 93/05/25 COMMISSION 95/12/13 : TERMINATION DECISION NUMBER LEG. BASE TITLE DD. RO 91/4287 366R0136 MINIMUM PRICES FOR VIRGIN OLIVE-OIL CAKES DATE REASONED OPINION SENT: 93/10/05 DATE REASONED OPINION SENT-BIS : 95/03/24 129 DD. REF CASE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE OF REFERRAL C-95/327 95/10/17 92/2141 390R1186 TERMINATION DECISION CARCASSES OF ADULT BOVINE ANIMALS DATE REASONED OPINION SENT: 95/01/20 DATE OF REFERRAL : 95/10/17 C-95/328 UNITED KINGDOM NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR 91/0541 157E171 MMB-RESTRICTIONS ON FREEDOM TO SELL MILK PRODUCED DATE REASONED OPINION SENT: 91/09/23 DATE OF REFERRAL : 92/02/13 C-92/040 DATE OF JUDGMENT : 94/03/24 COMMISSION NUMBER LEG. BASE TITLE DD. RO 92/2209 368R0804;387R1898; 388D0566. NON - CONFORMITY OF DESIGNATION "SOYA DATE REASONED OPINION SENT: 93/05/11 MILK" TRANSPORT BELGIUM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 90/0354 157E007;157E048;157E052;157E058 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/04 91/0600 386R4055 CARGO-SHARING ARRANGEMENTS AGREEMENT DATE REASONED OPINION SENT: 93/10/11 IN BLEU/TOGO 91/0601 386R4055 CARGO-SHARING ARRANGEMENTS IN AGREEMENT WITH ZAIRE DATE REASONED OPINION SENT: 93/10/11 130 NUMBER LEG. BASE TITLE DD RO DENMARK NUMBER LEG. BASE TITLE DD. RO GREECE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE SPAIN NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO FRANCE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE 93/2101 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/21 90/0355 157E007;157E048;157E052;157E058;157E221;157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 94/02/21 90/0356 157E007;157E048;157E052;157E221;157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/07/27 DATE OF REFERRAL : 96/03/07 C-96/062 91/0469 386R4055 FREEDOM TO PROVIDE SERVICES IN SEA TRANSPORT SPAIN AND GABON DATE REASONED OPINION SENT: 94/01/19 93/2100 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/06 89/0306 157E007; 157E048; 157E052;157E058;157E221 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/10/11 DATE OF REFERRAL : 94/12/22 C-94/334 90/0469 386R4055 TAX DISCRIMINATION SEA TRANSPORT - DOCK DUES 131 DD RO DD. REF CASE DATE JUDGMENT JUFOR DD. TERM : DATE REASONED OPINION SENT: 93/01/25 DATE OF REFERRAL : 93/08/03 C-93/381 DATE OF JUDGMENT : 94/10/05 COMMISSION 95/06/28 : TERMINATION DECISION NUMBER LEG. BASE TITLE DD RO IRELAND NUMBER LEG BASE TITLE DD. RO ITALY NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD RO LUXEMBOURG NUMBER LEG. BASE TITLE DD RO 93/2099 386R4055 RESERVATION OF FRENCH FLAG RIGHTS TRANSPORT OF COAL DATE REASONED OPINION SENT: 95/06/26 FOR 90/0357 157E007;157E048;157E052;157E058;157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/18 DATE REASONED OPINION SENT-BIS : 94/08/04 91/2148 157E007;157E048;157E052;157E058;157E221; MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/30 93/2105 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/21 93/2102 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/21 132 NETHERLANDS NUMBER LEG. BASE TITLE DD. RO PORTUGAL NUMBER LEG. BASE TITLE DD. RO 90/0358 157E007; 157E048; 157E052; 157E058; 157E221 ; 157E005 MERCHANT VESSELS - FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/30 93/2103 386R4055 CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES IN SEA TRANSPORT DATE REASONED OPINION SENT: 95/12/06 COMMUNITY STAFF BELGIUM NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER DATE RO SENT 171 DD. REF 2 CASE 2 DATE JUDGMENT 2 JU FOR 2 : 84/0303 157F/PRO/PRI;157E171; TRANSFER OF PENSION RIGHTS DATE REASONED OPINION SENT: 79/07/24 DATE OF REFERRAL : 80/06/09 C-80/137 DATE OF JUDGMENT : 81/10/19 COMMISSION DATE ART 171 LETTER SENT : 84/07/31 DATE ART 171 REASONED OPINION SENT 85/05/08 DATE OF REFERRAL-171 : 85/11/28 C-85/383 DATE OF JUDGMENT-171 : 89/10/03 COMMISSION NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER DD. TERM 88/0065 157E005;157E171 50% REDUCTION IN REMUNERATION PAID BY THE BELGIAN ADMINISTRATION TO SECONDED TEACHERS DATE REASONED OPINION SENT: 88/07/07 DATE OF REFERRAL : 89/01/09 C-89/006. DATE OF JUDGMENT : 90/04/05 COMMISSION DATE ART 171 LETTER SENT : 92/10/13 95/12/13 : TERMINATION DECISION 133 GREECE NUMBER LEG. BASE TITLE DD RO SPAIN NUMBER LEG. BASE TITLE DD. RO ENVIRONMENT GERMANY NUMBER LEG BASE TITLE DD. RO FISHERIES BELGIUM NUMBER LEG. BASE TITLE DD. RO DENMARK NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO 93/2139 368R0259 TRANSFERS TO COMMUNITY PENSION SCHEME DATE REASONED OPINION SENT: 95/08/14 91/2315 157E005;157E011 TRANSFER OF PENSION RIGHTS DATE REASONED OPINION SENT: 93/12/13 91/0216 382R3626; TRADE IN ENDANGERED SPECIES DATE REASONED OPINION SENT: 93/03/31 90/0248 157E007;157E034;157E048;157E052;157E058;381R3796;383R0 170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/03/23 90/0296 157E007;157E048;157E052;157E067;157E221 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 94/02/21 90/0481 383R0170;387R3977;387R2241; FAILURE TO INSPECT - OVERFISHING 1988 DATE REASONED OPINION SENT: 92/10/28 134 GREECE NUMBER LEG. BASE TITLE DD. RO SPAIN NUMBER LEG. BASE TITLE DD. RO NUMBER LEG BASE TITLE DD. RO DD. TERM FRANCE NUMBER LEG. BASE TITLE 90/0328 157E007;157E048;157E052;157E058;157E221;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/07/27 88/0356 382R2057;387R2241; DUTY TO COOPERATE - FISHERIES INSPECTION MONITORING DATE REASONED OPINION SENT: 89/11/20 A ND 90/0482 383R3598;383R3599;382R3191;383R1501 FAILURE TO NOTIFY MARKET INFORMATION - COMMON ORGANIZATION OF MARKET IN FISHERIES PRODUCTS DATE REASONED OPINION SENT: 95/08/11 95/12/13 : TERMINATION DECISION 84/0445 382R2057;383R0171;157E171 FISHERIES; FAILURE TO MONITOR COMPLIANCE WITH TECHNICAL CONSERVATION MEASURES DATE REASONED OPINION SENT: 86/11/18 DATE OF REFERRAL :-88/02/29 C-88/064 DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER : DATE ART 171 LETTER SENT : 93/10/11 DATE OF JUDGMENT : 91/06/11 COMMISSION NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG. BASE TITLE DD. RO 90/0249 157E007;157E048;157E052;157E058;157E221;157E171;368R16 12;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/10/18 DATE OF REFERRAL : 94/12/22 C-94/334 * 90/0418 387R3977;383R0170;387R2241; FAILURE TO INSPECT - OVERFISHING 1988 DATE REASONED OPINION SENT: 92/09/29 135 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR 91/4509 390R3926;383R0170;387R2241; OVERFISHING 1991 (ANCHOVIES) DATE REASONED OPINION SENT: 94/05/02 DATE OF REFERRAL : 95/02/28 C-95/052 DATE JUDGMENT : 95/12/07 COMMISSION IRELAND NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER DD. TERM : 85/0394 157E052;157E171 INCOMPATIBILITY OF FISHERIES AMENDMENT ACT 1983 WITH COMMUNITY LAW DATE REASONED OPINION SENT: 86/12/16 DATE OF REFERRAL : 89/03/21 C-89/093 DATE OF JUDGMENT : 91/10/04 COMMISSION DATE ART 171 LETTER SENT : 93/10/11 95/06/28 : TERMINATION DECISION NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER DD. TERM 88/0187 376R0101;381R3796 BAN ON FISHING BY BRITISH VESSELS IN IRISH WATERS AND RELATED MEASURES DATE REASONED OPINION SENT: 89/05/24 DATE OF REFERRAL : 89/09/12 C-89/280 DATE OF JUDGMENT : 92/12/02 COMMISSION DATE ART 171 LETTER SENT : 94/01/25 95/12/13 : TERMINATION DECISION NUMBER LEG. BASE TITLE DD. RO ITALY NUMBER LEG. BASE TITLE DD. RO 90/0333 157E007;157E052;157E058;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/06/18 DATE REASONED OPINION SENT-BIS : 94/08/04 90/0332 157E007;157E048;157E052;157E058;157E221;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/03/11 136 NETHERLANDS NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM 88/0477 386R4034;383R0170;382R2057 OVERFISHING 1987 DATE REASONED OPINION SENT: 91/07/25 95/06/28 : TERMINATION DECISION 90/0274 157E007;157E034;157E048;157E052;157E058;157E221;381R37 96;383R0170 FISHING VESSELS - LICENSING AND FLAG RIGHTS DATE REASONED OPINION SENT: 93/03/31 95/12/13 : TERMINATION DECISION UNITED KINGDOM NUMBER LEG. BASE TITLE DD. RO 87/0398 385R3721;385R3732;383R0170;382R2057; OVERFISHING 1985-1986 DATE REASONED OPINION SENT: 89/02/09 DATE REASONED OPINION SENT-BIS : 92/10/01 INTERNAL MARKET AND FINANCIAL SERVICES BELGIUM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JU FOR DD. TERM : 82/0316 157E030 REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE DATE REASONED OPINION SENT: 83/09/19 89/0035 157E030;157E036 DOUBLE CHECKS ON IMPORTS OF STERILE MEDICAL ACCESSORIES DATE REASONED OPINION SENT: 91/09/30 DATE OF REFERRAL : 92/09/25 C-92/373 DATE OF JUDGMENT : 93/06/08 COMMISSION 95/12/13 : TERMINATION DECISION NUMBER LEG BASE TITLE DD. RO DD. REF CASE 89/0228 157E030; 157E034; 157E036; 157E059; 373L0023 FREE MOVEMENT OF WIRELESS TELEPHONES DATE REASONED OPINION SENT: 89/11/29 DATE OF REFERRAL : 92/03/12 C-92/080 137 DATE JUDGMENT : JU FOR COMMISSION DATE OF JUDGMENT : 94/03/24 NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD RO DD REF CASE DATE JUDGMENT JUFOR DD. TERM : 89/4822 157E030 TELEVISION ADVERTISING DATE REASONED OPINION SENT: 95/09/28 90/0069 157E052; 157E056; 157E059 FLEMISH COMMUNITY DECREE ON CABLE TELEVISION DATE REASONED OPINION SENT: 91/02/14 DATE OF REFERRAL : 91/08/08 C-91/211 DATE OF JUDGMENT : 92/12/16 COMMISSION 95/06/28 DETECTED BY COM + ART. 169 LETTER : TERMINATION DECISION NEW CASE NUMBER LEG. BASE TITLE DD. RO DENMARK NUMBER LEG. BASE TITLE DD. RO GERMANY NUMBER LEG. BASE TITLE DD. RO NUMBER LEG BASE TITLE DD RO DD. TERM NUMBER LEG. BASE TITLE DD RO 91/0209 157E052;157E067; DISCRIMINATORY ESTABLISHMENTS OF FOREIGN COMPANIES DATE REASONED OPINION SENT: 93/09/16 TAXATION OF PERMANENT 91/0782 157E005;157E030;157E036 IMPORTS OF ENZYME PREPARATIONS DATE REASONED OPINION SENT: 93/07/12 88/0189 157E030 BAN ON COSMETICS ADVERTISING DATE REASONED OPINION SENT: 93/06/03 88/5144 157E030 IMPORTS OF DIETARY PRODUCTS DATE REASONED OPINION SENT: 94/03/28 95/06/28 : TERMINATION DECISION 89/0082 157E030 DISCRIMINATION AGAINST IMPORTS OF FRUIT AND VEGETABLES DATE REASONED OPINION SENT: 94/07/15 138 89/0104 157E030 IMPORTS OF FLAME-ARRESTERS DATE REASONED OPINION SENT: 90/11/30 95/12/13 : TERMINATION DECISION NUMBER LEG. BASE TITLE DD RO DD. TERM GREECE NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR 84/0388 157E048; 157E052; 157E059 BAN ON TEACHING DATE REASONED OPINION SENT: 85/10/28 DATE OF REFERRAL : 86/06/13 C-86/147 DATE OF JUDGMENT : 88/03/15 COMMISSION NUMBER LEG. BASE TITLE DD RO DD. REF CASE DATE JUDGMENT JUFOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER 85/0264 157E052;157E059 NATIONALITY REQUIREMENT OCCUPATION OF ADVOCATE DATE REASONED OPINION SENT: 86/05/14 DATE OF REFERRAL : 87/02/05 C-87/038 FOR ACCESS TO DATE OF JUDGMENT : 88/07/14 COMMISSION 87/0113 157E059;157E171 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 88/04/20 DATE OF REFERRAL : 89/06/20 C-89/198 DATE OF JUDGMENT : 91/02/26 COMMISSION DATE ART 171 LETTER SENT : 92/05/18 NUMBER LEG. BASE TITLE : 89/0165 157E052;157E059;157E171 NATIONALITY REQUIREMENT FOR OPENING PRIVATE SCHOOLS DATE 171 LETTER DATE RO SENT-171 DD. REF2 CASE DATE JUDGMENT2 JUFOR2 DATE ART 171 LETTER SENT : 89/05/26 DATE ART 171 REASONED OPINION SENT : 90/01/22 DATE OF REFERRAL 171 : 90/10/24 C-90/328 DATE OF JUDGMENT-171 : 92/01/30 COMMISSION 139 NUMBER LEG. BASE TITLE DD RO DD. REF CASE NUMBER LEG. BASE TITLE DD RO DD. REF CASE SPAIN NUMBER LEG. BASE TITLE DD RO DEC TO REFER DD. REF CASE DATE JUDGMENT JU FOR FRANCE NUMBER LEG BASE TITLE DD RO NUMBER LEG. BASE TITLE DD RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER : 89/0354 157E030; 157E036; SALE OF BABY FOODS EXCLUSIVELY THROUGH PHARMACISTS DATE REASONED OPINION SENT: 91/10/28 DATE OF REFERRAL : 92/11/09 C-92/391 92/0271 NONE REDRESS PROCEDURES - AWARD OF PUBLIC SUPPLY AND WORKS CONTRACTS DATE REASONED OPINION SENT: 94/07/04 DATE OF REFERRAL : 95/07/07 C-95/236 90/0388 157E005;157E048;157E052;157E059 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 91/10/14 DATE-DECISION-DD. REF : 92/06/10 : Min(92)1109 DATE OF REFERRAL : 92/10/01 C-92/375 DATE OF JUDGMENT : 94/03/22 COMMISSION 85/0269 157E030 REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE DATE REASONED OPINION SENT: 87/11/12 85/0499 380D1186;386D0283;157E171;391D0482 FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN THE OVERSEAS TERRITORIES DATE REASONED OPINION SENT: 87/05/27 DATE OF REFERRAL : 88/09/23 C-88/263 DATE OF JUDGMENT : 90/12/12 COMMISSION DATE ART 171 LETTER SENT : 92/06/05 140 NUMBER LEG. BASE TITLE DD RO DD REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER 86/0432 157E059;157E171 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 88/05/02 DATE OF REFERRAL : 89/04/28 C-89/154 DATE OF JUDGMENT : 91/02/26 COMMISSION DATE ART 171 LETTER SENT : 92/05/18 NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO IRELAND NUMBER LEG. BASE TITLE DD. RO ITALY NUMBER LEG. BASE TITLE DD. RO DD. REF 89/0576 157E030 APPROVAL OF TANKS FOR THE TRANSPORT OF DANGEROUS SUBSTANCES DATE REASONED OPINION SENT: 92/06/17 95/12/13 : TERMINATION DECISION 90/0037 157E005;157E052;157E059;157E048 ESTATE AGENTS' PERMITS DATE REASONED OPINION SENT: 92/12/10 95/12/13 : TERMINATION DECISION 93/2222 157E030;157E036 PREPARATIONS BASED ON FOIE GRAS DATE REASONED OPINION SENT: 94/10/14 93/2261 157E030;157E036 BARRIERS TO IMPORTS OF LEAVENED BREAD DATE REASONED OPINION SENT: 94/10/19 89/0335 157E030; TOBACCO PRICE RULES DATE REASONED OPINION SENT: 90/07/12 87/0071 157E059;157E171 RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES AS TOURIST GUIDES DATE REASONED OPINION SENT: 88/04/20 DATE OF REFERRAL : 89/05/25 141 CASE DATE JUDGMENT JUFOR DATE 171 LETTER C-89/180 DATE OF JUDGMENT : 91/02/26 COMMISSION DATE ART 171 LETTER SENT : 95/07/05 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DD. TERM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DD. REF CASE NUMBER LEG BASE TITLE DD RO NUMBER LEG. BASE TITLE DD. RO LUXEMBOURG NUMBER LEG BASE TITLE DD RO 88/0373 157E052;157E059; 157E171 NATIONALITY REQUIREMENTS (GUIDES, JOURNALISTS, LICENSED PHARMACISTS) DATE REASONED OPINION SENT: 89/11/21 DATE OF REFERRAL : 90/10/01 C-90/297 95/12/13 : TERMINATION DECISION 89/0534 157E030;157E036;377L0094 PROCEDURE FOR AUTHORIZING DIETARY PRODUCTS DATE REASONED OPINION SENT: 91/11/25 90/0397 157E030 MARKETING OF WHOLEMEAL BREAD DATE REASONED OPINION SENT: 91/03/18 91/0835 157E052;157E059 FINANCIAL SERVICES MOBILIARE DATE REASONED OPINION SENT: 92/10/19 DATE OF REFERRAL : 94/03/23 C-94/101 SOCIETE DSfTERMEDIAZIONE 91/2159 157E030; SUBSIDIES FOR SCHEDULED BUS SERVICES DATE REASONED OPINION SENT: 93/10/18 DATE REASONED OPINION SENT-BIS : 92/1019 91/4303 157E030; SUPPLY CONTRACTS DATE REASONED OPINION SENT: 93/06/18 89/0106 157E048;157E052 REFUSAL OF PERMISSION TO OPEN A SECOND DENTAL SURGERY DATE REASONED OPINION SENT: 89/11/21 142 DD REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER DATE OF REFERRAL : 90/11/29 C-90/351 DATE OF JUDGMENT : 92/06/16 COMMISSION DATE ART 171 LETTER SENT : 93/07/27 NUMBER LEG. BASE TITLE DD. RO DD. REF CASE PORTUGAL NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO 89/0568 157E007 STATE COMPENSATION FOR VICTIMS OF ACTS OF VIOLENCE DATE REASONED OPINION SENT: 91/02/08 DATE OF REFERRAL : 92/03/24 C-92/096 90/0178 157E030; COMPULSORY PATENT LICENCES DATE REASONED OPINION SENT: 91/06/04 95/12/13 : TERMINATION DECISION 91/2314 157E052;157E221 PURSUIT OF ACTIVITIES IN TELEVISION BROADCASTING DATE REASONED OPINION SENT: 94/07/14 UNITED KINGDOM NUMBER LEG. BASE TITLE DD RO 82/0320 157E030 REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE DATE REASONED OPINION SENT: 83/09/06 NUMBER LEG BASE TITLE DD RO DD. REF CASE DATE JUDGMENT JUFOR 89/0034 157E030 PATENT LICENCES DATE REASONED OPINION SENT: 89/08/28 DATE OF REFERRAL : 90/01/31 C-90/030 DATE OF JUDGMENT : 92/02/18 COMMISSION 143 CUSTOMS AND INDIRECT TAXATION BELGIUM NUMBER LEG. BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO DENMARK NUMBER LEG. BASE TITLE DD. RO GERMANY NUMBER LEG. BASE TITLE DD. RO DD. REF CASE GREECE NUMBER LEG. BASE TITLE DD RO NUMBER LEG. BASE TITLE DD RO DD. REF CASE 84/0342 157E009; 157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 91/4164 157E095;157E012 AIDS AND PARAFISCAL CHARGES TO SUPPORT ANIMAL HEALTH AND PROTECTION FUND DATE REASONED OPINION SENT: 95/06/14 84/0343 157E009; 157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 91/0559 385R1999;386R3677; INWARD PROCESSING DATE REASONED OPINION SENT: 93/02/03 DATE OF REFERRAL : 94/02/14 C-94/0761 86/0126 157E009 ; 157E028 ; 368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 90/05/02 91/0779 157E095; TAXES ON SECONDHAND CARS DATE REASONED OPINION SENT: 93/09/07 DATE OF REFERRAL : 95/12/01 C-95/375 144 SPAIN NUMBER LEG. BASE TITLE DD. RO ITALY NUMBER LEG BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO PD. REF CASE DATE JUDGMENT JUFOR NUMBER LEG. BASE TITLE DD. RO DD. REF CASE DATE JUDGMENT JUFOR DATE 171 LETTER NUMBER LEG. BASE TITLE DD. RO DD. TERM NUMBER LEG. BASE TITLE DD. RO LUXEMBOURG 90/0078 387R2658; 157E028 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 92/12/31 84/0345 157E009; 157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 87/0158 157E009;157E012 VETERINARY SERVICES' TELEGRAM CHARGES INVOICED TO IMPORTERS OF LIVE ANIMALS DATE REASONED OPINION SENT: 87/10/14 DATE OF REFERRAL : 89/04/21 C-89/137 DATE OF JUDGMENT : 90/03/14 COMMISSION 90/0253 157E007; 157E030; 157E034; 157E059;385R3632;377R0222 MONOPOLY AND CHARGES DATE REASONED OPINION SENT: 91/04/16 DATE OF REFERRAL : 92/04/14 C-92/119 DATE OF JUDGMENT : 94/02/09 COMMISSION DATE ART 171 LETTER SENT-BIS : 95/11/16 92/2001 377R0222;387R2658 NATIONAL TRANSIT - GUARANTEES AND FLAT-RATE CUSTOMS DUTIES DATE REASONED OPINION SENT: 93/11/15 95/06/28 : TERMINATION DECISION 93/2170 157E095 VEHICLE SEIZED AT ITALIAN BORDER DATE REASONED OPINION SENT: 95/07/27 NUMBER LEG. BASE 84/0346 157E009; 157E028;368R0950 145 TITLE DD RO DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 NETHERLANDS NUMBER LEG. BASE TITLE DD. RO PORTUGAL NUMBER LEG BASE TITLE DD. RO 84/0347 157E009; 157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 90/0079 387R2658; 157E028 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 93/01/20 UNITED KINGDOM NUMBER LEG BASE TITLE DD. RO NUMBER LEG. BASE TITLE DD. RO IMPORTED DUTY-FREE AND 84/0126 377R1535 CIVIL AIRCRAFT SUBSEQUENTLY USED AS MILITARY AIRCRAFT DATE REASONED OPINION SENT: 85/06/06 84/0344 157E009; 157E028;368R0950 DUTY-FREE IMPORTS OF NON-MILITARY EQUIPMENT DATE REASONED OPINION SENT: 85/07/25 ENTERPRISE POLICY, TOURISM AND COOPERATIVES SPAIN NUMBER LEG. BASE TITLE DD RO DD REF CASE DATE JUDGMENT JUFOR 87/0352 157E059;157E048;157E052;157E007 DISCRIMINATION IN MUSEUM ADMISSION CHARGES DATE REASONED OPINION SENT: 88/07/08 DATE OF REFERRAL : 93/02/16 C-93/045 DATE OF JUDGMENT : 94/03/15 COMMISSION 146 LEGAL MATTERS LUXEMBOURG NUMBER LEG. BASE TITLE : DD RO DD. TERM : 88/0309 386D0198 PRIVILEGED TREATMENT FOR CLAIMS RELATING TO ECSC LEVIES DATE REASONED OPINION SENT: 89/06/28 95/12/13 : TERMINATION DECISION 147 ANNEX IV REPORT ON THE APPLICATION OF DIRECTIVES 148 151 151 152 152 216 CONTENTS 1. AN AREA WITHOUT INTERNAL FRONTIERS REMOVAL OF PHYSICAL BARRIERS Customs Union REMOVAL OF TECHNICAL BARRIERS Goods Technical standards notification procedure Foodstuffs Proprietary medicinal products Chemicals Motor vehicles, tractors and motorcycles Construction products Machinery Free movement - special arrangements Persons Right of residence Voting rights Mutual recognition of diplomas Self-employed commercial agents 149 Services \ Audiovisual media Telecommunications Financial services Company law Intellectual and industrial property Public contracts REMOVAL OF TAX BARRIERS Direct taxation Indirect taxes 2. CONSUMER PROTECTION AND PRODUCT SAFETY COMPETITION EMPLOYMENT AND SOCIAL POLICY AGRICULTURE ENVIRONMENT TRANSPORT ENERGY 3. 4. 5. 6. 7. $. 228 240 242 244 248 255 264 265 278 354 386 394 150 1. AN AREA WITHOUT INTERNAL FRONTIERS REMOVAL OF PHYSICAL BARRIERS Customs Union 76/0308 Mutual assistance - debt recovery Member States which have notified implementing measures: all 77/0794 Mutual assistance - debt recovery Member States which have notified implementing measures: all 79/1071 Mutual assistance - debts Member States which have notified implementing measures: all 85/0479 Mutual assistance - debt recovery Member States which have notified implementing measures: all 86/0489 Mutual assistance - debt recovery Member States which have notified implementing measures: all 151 REMOVAL OF TECHNICAL BARRIERS Goods Technical standards notification procedure 83/0189 Technical standards (amended by Directives 88/0182 and 94/0010) Member States which have notified implementing measures: all (for Directives 83/0189 and 88/0182) Belgium - 95/0008, not properly applied, reasoned opinion in 1995 Belgium - 95/0009, not properly applied, reasoned opinion in 1995 Belgium - 95/0211, not properly applied, reasoned opinion in 1995 France - 94/0441, not properly applied, reasoned opinion in 1995 France - 95/0645, not properly applied, reasoned opinion in 1995 Greece - 93/0508, not properly applied, reasoned opinion in 1994 Greece - 93/0616, not properly applied, reasoned opinion in 1993 Greece - 94/0398, not properly applied, reasoned opinion in 1994 Italy - 92/0007, not properly applied, reasoned opinion in 1992, referral in 1994 - Case C-94/289 Italy - 92/0958, not properly applied, reasoned opinion in 1993, referral in 1994 - Case C-94/279 Italy - 92/0570, not properly applied, reasoned opinion in 1993, terminated in 1995 Italy - 93/0808, not properly applied, reasoned opinion in 1994 Italy - 94/0330, not properly applied, reasoned opinion in 1995 Italy - 94/0530, not properly applied, reasoned opinion in 1994, referral in 1995 Italy - 95/0005, not properly applied, reasoned opinion in 1995 Italy - 95/0011, not properly applied, reasoned opinion in 1995 Netheriands - 89/0549, not properly applied, referral in 1993 - Case C-93/061, judgment in 1994 Netheriands - 93/0510, not properly applied, reasoned opinion in 1993 Netheriands - 94/0461, not properly applied, reasoned opinion in 1994 Netheriands - 94/0615, not properly applied, reasoned opinion in 1994 Netheriands - 94/0777, not properly applied, reasoned opinion in 1994 152 88/0182 Technical standards (amending Directive 83/0189) Member States which have notified implementing measures: all Italy - 91/0565, not properly applied, referral in 1994 - Case C-94/289 Italy - 92/0646, not properly applied, reasoned opinion in 1993 Netheriands - 91/0747, not properly applied, referral in 1993 - Case C-93/052, judgment in 1994 Netheriands - 91/2328, not properly applied, referral in 1994 - Case C-94/273 Italy - 93/0614, not properly applied, referral in 1995, Case C-95/289 Netheriands - 93/2267, not properly applied, reasoned opinion in 1994 94/0010 Technical standards (amendment of Directive 83/189) Member States which have notified implementing measures: all except A, EL, IRL, I Foodstuffs 62/2645 Foodstuffs for human consumption - colouring matter Member States which have notified implementing measures: all except A 64/0054 Foodstuffs for human consumption - preservatives Member States which have notified implementing measures: all 65/0066 Foodstuffs for human consumption - preservatives Member States which have notified implementing measures: all 153 67/0427 Additives in foodstuffs Member States which have notified implementing measures: all 70/0357 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all 73/0241 Cocoa and chocolate Member States which have notified implementing measures: all 73/0437 Sugars Member States which have notified implementing measures: all 74/0329 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all 74/0409 Honey Member States which have notified implementing measures: all Italy - 91/42435, not properly applied, reasoned opinion to be sent in 1996 75/0726 Fruit juices Member States which have notified implementing measures: all except A 76/0118 Preserved milk Member States which have notified implementing measures: all except A 154 76/0621 Foodstuffs for human consumption - oils and fats Member States which have notified implementing measures: all 77/0436 Coffee and chicory Member States which have notified implementing measures: all 78/0142 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 78/0663 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all 78/0664 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all 79/0112 Labelling of foodstuffs Member States which have notified implementing measures: all Germany - 93/2201, not properly applied, Art. 169 letter in 1994 Germany - 94/4512, not properly applied Germany - 94/4880, not properly applied Belgium - 94/4005, not properly applied Greece - 93/2273, not properly applied Greece - 93/4345, not properly applied, Art. 169 letter in 1995 France - 90/278, not properly applied, Art. 169 letter in 1990 Portugal - 92/4699, not properly applied 79/0168 Fruit juices Member States which have notified implementing measures: all 155 79/0693 Jams, jellies and marmalades Member States which have notified implementing measures: ail 79/0796 Sugars Member States which have notified implementing measures: all 79/1066 Coffee and chicory Member States which have notified implementing measures: all 79/1067 Preserved milk Member States which have notified implementing measures: all except A 80/0590 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 80/0766 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 80/0777 Natural mineral waters Member States which have notified implementing measures: all 80/0891 Foodstuffs for human consumption - oils and fats Member States which have notified implementing measures: all 81/0432 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 156 81/0712 Additives in foodstuffs Member States which have notified implementing measures: all 82/0711 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all. 83/0417 Caseins Member States which have notified implementing measures: all except A 83/0463 Labelling of foodstuffs Member States which have notified implementing measures: all. 84/0500 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 85/0503 Caseins Member States which have notified implementing measures: all except A 85/0572 Foodstuffs - articles intended to come into contact Member States which have notified implementing measures: all 85/0591 Monitoring of foodstuffs for human consumption Member States which have notified implementing measures: all except A 86/0424 Caseins Member States which have notified implementing measures: all except A 157 87/0250 Labelling of alcoholic beverages Member States which have notified implementing measures: all 87/0524 Preserved milk Member States which have notified implementing measures: all except A 88/0344 Foodstuffs for human consumption - extraction solvents Member States which have notified implementing measures: all. 88/0388 Flavourings for use in foodstuffs for human consumption Member States which have notified implementing measures: all except A 88/0593 Jams, jellies and marmalades Member States which have notified implementing measures: all 89/0107 Additives in foodstuffs Member States which have notified implementing measures: all Netheriands - 93/2274, not properly applied 89/0108 Quick-frozen foodstuffs Member States which have notified implementing measures: all Spain - 92/4047, not properly applied, reasoned opinion in 1994 89/0109 Foodstuffs for human consumption - materials intended to come into contact Member States which have notified implementing measures: all 158 89/0344 Cocoa and chocolate Member States which have notified implementing measures: all 89/0394 Fruit juices Member States which have notified implementing measures: all 89/0395 Foodstuffs - labelling Member States which have notified implementing measures: all. 89/0396 Foodstuffs - identification of lot Member States which have notified implementing measures: all 89/0397 Foodstuffs - official control Member States which have notified implementing measures: all. 89/0398 Foodstuffs for particular nutritional use Member States which have notified implementing measures: all. 90/0128 Foodstuffs - materials intended to come into contact Member States which have notified implementing measures: all. 90/0496 Labelling of foodstuffs Member States which have notified implementing measures: all. Germany - 92/0585, no measures notified, reasoned opinion in 1993, terminated in 1995 159 90/0612 Foodstuffs for human consumption - additives Member States which have notified implementing measures: all 91/0071 Foodstuffs for human consumption - flavourings (deadlines for transposai: 30. 6. 92 and 1. 1. 94) Member States which have notified implementing measures: all. 91/0072 Labelling of foodstuffs (deadlines for transposai: 30. 06. 92 and 01. 01. 94) Member States which have notified implementing measures: all. 91/0238 Labelling of foodstuffs - indication of lot Member States which have notified implementing measures: all except F 91/0321 Infant formulae (deadlines for transposai: 01. 06. 92 and 01. 06. 94) Member States which have notified implementing measures: all except D Germany - 92/0971, no measures notified, reasoned opinion in 1993 Germany - 93/808 - no measures notified, Art. 169 letter in 1995 92/0001 Quick-frozen foodstuffs Member States which have notified implementing measures: B, D, DK, EL, E, I, L, NL, P, UK, S, FIN, Germany - 93/0907, no measures notified, Art. 169 letter in 1993 (to be terminated in 1996) France - 93/0923, no measures notified, Art. 169 letter in 1993 Ireland - 93/0934, no measures notified, Art. 169 letter in 1993 93/0929, no measures notified, Art. 169 letter in 1993 Italy - (to be terminated in 1996) 160 92/0002 Community method of analysis for the control of the temperatures of quick- frozen foods Member States which have notified implementing measures: B, D, DK, EL, ES, IT, L, NL, P, UK, S, FIN, Germany - 93/0908, no measures notified, Art. 169 letter in 1993 (to be terminated in 1996) France - 93/0924, no measures notified, Art. 169 letter in 1993 Ireland - 93/0935, no measures notified, Art. 169 letter in 1993 Italy - 93/0930, no measures notified, Art. 169 letter in 1993 (to be terminated in 1996) 92/0004 Criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs Member States which have notified implementing measures: all. 92/0039 Foodstuffs for human consumption - materials intended to come into contact (deadlines for transposai: 31. 12. 92, 31. 03. 94, 01. 04. 95) Member States which have notified implementing measures: all. Germany - 93/0075, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0052 Infant formulae for export Member States which have notified implementing measures: B, DK, E, EL, F, IRL, I, L, NL, UK, S, FIN A. Germany - 94/0646, no measures notified, Art. 169 letter in 1994 92/0115 Extraction solvents used in the production of foodstuffs (deadlines for transposai: 01. 07. 93 and 01. 01. 94) Member States which have notified implementing measures: all. 93/0005 Scientific examination of questions relating to food Member States which have notified implementing measures: all except A. 161 93/0008 Plastic materials and articles intended to come into contact with foodstuffs Member States which have notified implementing measures: all 93/0009 Plastic materials and articles intended to come into contact with foodstuffs Member States which have notified implementing measures: all 93/0010 Materials and articles of regenerated cellulose film intended to come into contact with foodstuffs Member States which have notified implementing measures: all except EL Greece 94/0991, no measures notified, Art. 169 letter in 1995 93/0011 N-nitrosamines in rubber teats and soothers Member States which have notified implementing measures: all Greece - 94/0544, no measures notified, Art. 169 letter in 1994, terminated in 95 France - 94/0557, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0043 Foodstuffs - hygiene Member States which have notified implementing measures: FIN, A, S, NL 93/0045 Nectars without addition of sugar or honey Member States which have notified implementing measures: all except A, IT Italy - 94/0252, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1995 93/0099 Foodstuffs - official control Member States which have notified implementing measures: A, B, D, DK, ES, NL, S 162 Belgium 95/400 - no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Denmark 95/422 - no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Germany 95/434- no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Greece - 95/455, no measures notified, Art. 169 letter in 1995 France - 94/0560,- no measures notified, Art. 169 letter in 1995 Ireland - 95/0525, - no measures notified, Art. 169 letter in 1995 Italy 95/546- no measures notified, Art. 169 letter in 1995 Luxembourg - 95/0569- no measures notified, Art. 169 letter in 1995 Portugal- 95/607- no measures notified, Art. 169 letter in 1995 United Kingdom - 95/633- no measures notified, Art. 169 letter in 1995 93/0102 Labelling of foodstuffs Member States which have notified implementing measures: B, D, DK, EL, E, F,FIN, IRL, L, NL, P. Belgium 95/231 - no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Italy 95/320- no measures notified, Art. 169 letter in 1995 United Kingdom 95/378- no measures notified, Art. 169 letter in 1995 94/0035 Foodstuffs - sweeteners Member States which have notified implementing measures: EL, L, NL, UK 94/0036 Foodstuffs for human consumption - colouring matter Member States which have notified implementing measures: B (partial), EL, L, NL, UK 94/0052 Extraction solvents used in the production of foodstuffs Member States which have notified implementing measures: L, NL, UK 163 94/0054 Labelling of foodstuffs Member States which have notified implementing measures: B, DK Belgium: 95/0408 Art. 169 letter in 1995 - (to be terminated in 1996) Denmark: 95/0426 Art. 169 letter in 1995 - (to be terminated in 1996) Germany: 95/0441 Art. 169 letter in 1995 - Greece: 95/0464 Art. 169 letter in 1995 - Spain: 95/0490 Art. 169 letter in 1995 - France 95/0512 Art. 169 letter in 1995 - Ireland: 95/0531 Art. 169 letter in 1995 - Italy: 95/0554 Art. 169 letter in 1995 - Luxembourg: 95/0577 Art. 169 letter in 1995 - Netheriands: 95/0594 Art. 169 letter in 1995 - Portugal: 95/0619 Art. 169 letter in 1995 - United Kingdom: 95/0638 Art. 169 letter in 1995 - Proprietary medicinal products 65/0065 Proprietary medicinal products Member States which have notified implementing measures: all 75/0318 Proprietary medicinal products - analytical standards and protocols Member States which have notified implementing measures: all 75/0319 Proprietary medicinal products Member States which have notified implementing measures: all except A (partial) 78/0025 Medicinal products - colouring matter Member States which have notified implementing measures: all 164 80/0342 Pharmacy Member States which have notified implementing measures: all 81/0851 Veterinary medicinal products Member States which have notified implementing measures: all 81/0852 Veterinary medicinal products Member States which have notified implementing measures: all 83/0570 Proprietary medicinal products - multi-States procedure" Member States which have notified implementing measures: all 87/0019 Proprietary medicinal products - analytical standards and protocols Member States which have notified implementing measures: all except A 87/0020 Veterinary medicinal products - analytical standards and protocols Member States which have notified implementing measures: all except A 87/0021 Proprietary medicinal products Member States which have notified implementing measures: all 87/0022 High-technology medicinal products Member States which have notified implementing measures: all except FIN 89/0105 Prices of medicinal products Member States which have notified implementing measures: all 165 89/0341 Proprietary medicinal products Member States which have notified implementing measures: all 89/0342 Immunological medicinal products Member States which have notified implementing measures: all. 89/0343 Radiopharmaceuticals Member States which have notified implementing measures: B, DK, D, EL, E, I, F, FIN, IRL, L, NL, P, S, UK. 89/0381 Medicinal products derived from human blood Member States which have notified implementing measures: A, B, D, DK, EL, E, F, FIN, IRL, I, L, P,S, UK. The Netheriands - 92/0438, no measures notified, reasoned opinion h 1993 90/0676 Veterinary medicinal products Member States which have notified implementing measures: A, B, DK, D, EL, E, F, FIN, I, L, NL, S, UK. Spain - 93/0193, no measures notified, Art. 169 letter in 1993, en 1994, terminated in 1995 Ireland - 93/0276, no measures notified, reasoned opinion in 1994 Portugal - 93/0438 no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 90/0677 Immunological veterinary medicinal products Member States which have notified implementing measures: A, B, DK, E, EL, F, FIN, I, L, NL, P, S. Spain - 93/0548, no measures notified, Art. 169 letter in 1993, referral in 1994, terminated in 1995 166 Ireland - 93/0562, no measures notified, reasoned opinion in 1994 91/0356 Good manufacturing practice for medicinal products Member States which have notified implementing measures: all 91/0412 Principles and guidelines of good manufacturing practice for veterinary medicinal products Member States which have notified implementing measures: A, B, DK, D, FIN, L, NL, S. Greece - 93/0915, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 Spain - 93/0918, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 France - 93/0921, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 Ireland - 93/0932, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 Italy - 93/0927, no measures notified, Art. 169 letter in 1993 Portugal - 93/0944, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 United Kingdom 93/0950, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 91/0507 Testing of medicinal products Member States which have notified implementing measures: B, D, DK, EL, E, FIN, IRL, I, L, NL, P, S, UK. France - 92/0228, no measures notified, reasoned opinion in 1994 92/0018 Veterinary medicinal products - analytical standards and protocols Member States which have notified implementing measures: A, B, DK, EL, ES , FIN, I, L, NL, P, S, UK. Germany - 93/0525, no measures notified, Art. 169 letter in 1993 167 Spain - 93/0549, no measures notified, Art. 169 letter in 1993, referral in 1994, terminated in 1995 France - 93/0556, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 Ireland - 93/0563, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 Portugal - 93/589, no measures notified, Art. 169 letter in 1993, terminated in 1995 Netheriands - 93/0584, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0025 Wholesale distribution of medicinal products Member States which have notified implementing measures: A, B, DK, ES, EL, F, FIN, IRL, I, NL, P, S, UK. Germany - 93/0084, no measures notified, Art. 169 letter in 1993, referral in 1994 Spain - 93/0175, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, terminated in 1995 Luxembourg 93/0336, no measures notified, Art. 169 letter in 1993, referral in 1994 Portugal - 93/0418, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, terminated in 1995 92/0026 Classification for the supply of medicinal products Member States which have notified implementing measures: A, B, D, DK, EL, E, F, FIN, IRL, I, L, NL, P, S, UK. Germany - 93/0083, no measures notified, Art. 169 letter in 1993, terminated in 1995 France - 93/0219, no measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/0417, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0027 Labelling of medicinal products and package leaflets Member States which have notified implementing measures: all 168 Germany - 93/0082, no measures notified, Art. 169 letter in 1993, terminated in 1995 France - 93/0218, no measures notified, Art. 169 letter in 1993, terminated in 1995 Netheriands - 93/0378, no measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/0416, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0028 Advertising of medicinal products Member States which have notified implementing measures: all except F. Belgium - 93/0011, no measures notified, Art. 169 letter in 1993, terminated in 1995 Germany - 93/0081, no measures notified, Art. 169 letter in 1993, terminated in 1995 Spain - 93/0172, no measures notified, Art. 169 letter in 1993, terminated in 1995 France - 93/0217, no measures notified, Art. 169 letter in 1993 Netheriands - 93/0377, no measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/0415, no measures notified, Art. 169 letter in 1993, terminated in 1995 United Kingdom 93/0462, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0073 Homeopathic medicinal products for human use Member States which have notified implementing measures: A, FIN, S, DK, D, F, IRL, I, UK Belgium - 94/0014, no measures notified, Art. 169 letter in 1994 Denmark - 94/0045, no measures notified, Art. 169 letter in 1994, terminated in 1995 Germany - 94/0076, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece - 94/0119, no measures notified, Art. 169 letter in 1994 Spain - 94/0143, no measures notified, Art. 169 letter in 1994 France - 94/0176, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0208, no measures notified, Art. 169 letter in 1994, terminated in 1995 169 Italy - 94/0241, no measures notified, Art. 169 letter in 1994, terminated in 1995 Luxembourg - 94/0275, no measures notified, Art. 169 letter in 1994 Netheriands - 94/0309, no measures notified, Art. 169 letter in 1994 Portugal - 94/0340, no measures notified, Art. 169 letter in 1994 92/0074 Homeopathic veterinary medicinal products Member States which have notified implementing measures: A, D, DK, ES, FIN, I, S, NL, UK Belgium - 94/0015, no measures notified, Art. 169 letter in 1994 Denmark - 94/0046, no measures notified, Art. 169 letter in 1994 terminated in 1995 Germany - 94/0077, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece - 94/0118, no measures notified, Art. 169 letter in 1994 Spain - 94/0144, no measures notified, Art. 169 letter in 1994, terminated in 1996 France - 94/0177, no measures notified, Art. 169 letter in 1994 Ireland - 94/0209, no measures notified, Art. 169 letter in 1994 Italy - 94/0242, no measures notified, Art. 169 letter in 1994, terminated in 1996 Luxembourg - 94/0276, no measures notified, Art 169 letter in 1994 Netheriands 94/310 - no measures notified, Art. 169 letter in 1994, terminated in 1996 Portugal - 94/0341, no measures notified, Art. 169 letter in 1994 United Kingdom - 94/0375, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0039 Medicines Member States which have notified implementing measures: all except A 93/0040 Veterinary medicinal products Member States which have notified implementing measures: all except A 170 93/0041 High-technology medicinal products Member States which have notified implementing measures: all except A, FIN Chemicals 73/0404 Detergents Member States which have notified implementing measures: all 73/0405 Detergents Member States which have notified implementing measures: all 76/0116 Fertilizers Member States which have notified implementing measures: all 76/0769 Dangerous substances and preparations Member States which have notified implementing measures: all 77/0535 Fertilizers Member States which have notified implementing measures: all 78/0631 Labelling of dangerous preparations (pesticides) Member States which have notified implementing measures: all 79/0138 Fertilizers Member States which have notified implementing measures: all 171 79/0663 Dangerous substances and preparations Member States which have notified implementing measures: all 80/0876 Fertilizers Member States which have notified implementing measures: all 81/0187 Pesticides Member States which have notified implementing measures: all 82/0242 Detergents Member States which have notified implementing measures: all 82/0243 Detergents Member States which have notified implementing measures: all 82/0806 Dangerous substances and preparations Member States which have notified implementing measures: all 82/0828 Dangerous substances and preparations Member States which have notified implementing measures: all 83/0264 Dangerous substances and preparations Member States which have notified implementing measures: all 83/0478 Dangerous substances and preparations Member States which have notified implementing measures: all 172 84/0291 Dangerous preparations (pesticides) Member States which have notified implementing measures: all 85/0467 Dangerous substances and preparations Member States which have notified implementing measures: all 85/0610 Dangerous substances and preparations Member States which have notified implementing measures: all 87/0094 Fertilizers Member States which have notified implementing measures: all 87/0566 Fertilizers Member States which have notified implementing measures: all 88/0126 Fertilizers Member States which have notified implementing measures: all 88/0183 Liquid fertilizers Member States which have notified implementing measures: all 88/0379 Dangerous preparations Member States which have notified implementing measures: all. 89/0178 Labelling of dangerous preparations Member States which have notified implementing measures: all. 173 89/0284 Fertilizers Member States which have notified implementing measures: all 89/0519 Fertilizers - sampling Member States which have notified implementing measures: all 89/0530 Fertilizers - trace elements Member States which have notified implementing measures: all. 89/0677 Dangerous substances and preparations Member States which have notified implementing measures: all. Luxembourg 92/0391, no measures notified, Art. 169 letter in 1992, terminated in 1995 United Kingdom 92/0538, no measures notified, Art. 169 letter in 1992, reasoned opinion in 1994, terminated in 1995 89/0678 Dangerous substances and preparations Member States which have notified implementing measures: all 90/0035 Packaging - child safety Member States which have notified implementing measures: all except A Luxembourg - 91/0429, no measures notified, reasoned opinion in 1992, terminated in 1995 United Kingdom - 91/0535, no measures notified, reasoned opinion h 1992, terminated in 1995 174 90/0492 Labelling of dangerous preparations Member States which have notified implementing measures: all 91/0155 Dangerous preparations Member States which have notified implementing measures: all except A Denmark- 92/0091, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 92/0485, no measures notified, reasoned opinion in 1993, terminated in 1995 91/0173 Dangerous substances and preparations Member States which have notified implementing measures: all. 91/0338 Dangerous substances and preparations Member States which have notified implementing measures: all except B. Belgium - 93/024, no measures notified, reasoned opinion in 1995 91/0339 Dangerous substances and preparations Member States which have notified implementing measures: all except B Belgium - 92/0665, no measures notified, reasoned opinion in 1993 France - 92/0778, no measures notified, reasoned opinion in 1993, terminated in 1995 Italy - 92/0831, no measures notified, reasoned opinion in 1993, terminated in 1995 Portugal - 92/0903, no measures notified, reasoned opinion in 1993, terminated in 1995 175 91/0442 Child-resistant fastenings Member States which have notified implementing measures: all except A. United Kingdom - 92/0931, no measures notified, Art. 169 letter in 1992, terminated in 1995 91/0659 Dangerous substances and preparations Member States which have notified implementing measures: all except B. Belgium - 93/0020, no measures notified, reasoned opinion in 1994 France - 93/0228, no measures notified, Art. 169 letter in 1993, terminated in 1995 Italy - 93/0307, no measures notified, Art. 169 letter in 1993, terminated in 1995 Netheriands - 93/0385, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0424, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0109 Narcotic drugs and psychotropic substances Member States which have notified implementing measures: all except A, F, IT, ES. Spain - 93/0731, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 France - 93/0755, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 Ireland - 93/0780, no measures notified, Art. 169 letter in 1993, terminated in 1995 Italy - 93/0800, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994 Luxembourg - 93/0823, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0864, no measures notified, Art. 169 letter in 1993, terminated in 1995 176 93/0001 Methods of sampling and analysis for fertilizers Member States which have notified implementing measures: all except D Denmark - 94/0410, no measures notified, Art. 169 letter in 1994, terminated in 1995 Germany - 94/0415, no measures notified, Art. 169 letter in 1994 Greece - 94/0426, no measures notified, Art. 169 letter in 1994, terminated in 1995 Spain - 94/0436, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0467, no measures notified, Art. 169 letter in 1994, terminated in 1995 Luxembourg - 94/0474, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0350, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0490,no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom 94/0382, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0015 Placing on the market and supervision of explosives for civil uses (double deadline for transposai: 30. 09. 93 and 30. 06. 94) Member States which have notified implementing measures: B, DK, I, L, NL, P, UK, S, A. Germany - 94/0641, no measures notified, Art. 169 letter in 1994 Greece - 94/0699, no measures notified, Art. 169 letter in 1994 Spain - 94/0663, no measures notified, Art. 169 letter in 1994 France - 94/0676, no measures notified, Art. 169 letter in 1994 93/0018 Dangerous preparations Member States which have notified implementing measures: A, B, DK, D, ES, F, FIN, EL, L, UK, S Belgium - 94/0781, no measures notified, Art. 169 letter in 1995 Ireland - 94/0856, no measures notified, Art. 169 letter in 1995 Netheriands - 94/0912, no measures notified, Art. 169 letter in 1995 177 Portugal - no measures notified, reasoned opinion in 1995 Italy- 94/0875, no measures notified, reasoned opinion in 1995 93/0046 Drugs - precursors Member States which have notified implementing measures: B, D, DK, ES, FIN, EL, IRL, L, NL, P, S, UK Belgium - 94/0403, no measures notified, Art. 169 letter in 1994, terminated in 1995 Germany - 94/0417, no measures notified, Art. 169 letter in 1994, terminated in 1995 Spain - 94/438, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece - 94/0424, no measures notified, Art. 169 letter in 1994 terminated in 1995 France - 94/0450, no measures notified, Art. 169 letter in 1994 Ireland - 94/0460, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0469, no measures notified, Art. 169 letter in 1994 Luxembourg - 94/0475, no measures notified, Art. 169 letter in 1994, terminated in 1995 Netheriands - 94/0480, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0492, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0069 Fertilizers Member States which have notified implementing measures: A,DK, E, FIN, IRL, I, L, NL, P, S, UK Belgium - 94/0520, no measures notified, reasoned opinion in 1994 Germany - 94/0792, no measures notified, Art. 169 letter in 1994 France - 94/0792, no measures notified, Art. 169 letter in 1994 Greece - 94/0792, no measures notified, Art. 169 letter in 1994 94/0060 Restrictions on marketing of dangerous substances (CMT/soluble aerosols/Creosote) 178 Member States which have notified implementing measures:A, FIN, S, D, DK, L, NL 95/0008 Fertilizers Member States which have notified implementing measures: DK, IRL, NL,B, A, S, FIN Motor vehicles, tractors and motorcycles 70/0156 Type-approval of motor vehicles Member States which have notified implementing measures: all 70/0157 Sound level of motor vehicles Member States which have notified implementing measures: all 70/0220 Air pollution from engines Member States which have notified implementing measures: all 70/0221 Fuel tanks Member States which have notified implementing measures: all 70/0222 Mounting of motor-vehicle registration plates Member States which have notified implementing measures: all 70/0311 Steering equipment for motor vehicles Member States which have notified implementing measures: all 179 70/0387 Doors of motor vehicles Member States which have notified implementing measures: all 70/0388 Audible warning devices for motor vehicles Member States which have notified implementing measures: all 71/0127 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 71/0320 Braking devices of motor vehicles Member States which have notified implementing measures: all 72/0245 Radio interference from engines Member States which have notified implementing measures: all 72/0306 Emission of pollutants from diesel engines Member States which have notified implementing measures: all 73/0350 Sound level of motor vehicles Member States which have notified implementing measures: all 74/0060 Interior fittings of motor vehicles Member States which have notified implementing measures: all 74/0061 Devices to prevent the unauthorized use of motor vehicles Member States which have notified implementing measures: all 180 74/0132 Braking devices of motor vehicles Member States which have notified implementing measures: all 74/0150 Type-approval of tractors Member States which have notified implementing measures: all 74/0151 Characteristics of tractors Member States which have notified implementing measures: all 74/0152 Maximum speed of tractors Member States which have notified implementing measures: all 74/0290 Air pollution from engines Member States which have notified implementing measures: all except FIN 74/0297 Interior fittings of motor vehicles Member States which have notified implementing measures: all 74/0346 Rear-view mirrors of tractors Member States which have notified implementing measures: all 74/0347 Windscreen wipers of tractors Member States which have notified implementing measures: all 74/0408 Interior fittings of motor vehicles Member States which have notified implementing measures: all 181 74/0483 External projections of motor vehicles Member States which have notified implementing measures: all 75/0321 Steering equipment of tractors Member States which have notified implementing measures: all 75/0322 Radio interference from tractors Member States which have notified implementing measures: all 75/0443 Reverse equipment of motor vehicles Member States which have notified implementing measures: all 75/0524 Braking devices of motor vehicles Member States which have notified implementing measures: all 76/0114 Motor-vehicle registration plates Member States which have notified implementing measures: all 76/0115 Safety belts Member States which have notified implementing measures: all 76/0432 Braking devices of tractors Member States which have notified implementing measures: all 76/0756 Lighting and light-signalling devices on motor vehicles Member States which have notified implementing measures: all 182 76/0757 Reflex reflectors for motor vehicles Member States which have notified implementing measures: all 76/0758 Lamps for motor vehicles Member States which have notified implementing measures: all 76/0759 Lamps for motor vehicles Member States which have notified implementing measures: all 76/0760 Registration-plate lamps for motor vehicles Member States which have notified implementing measures: all 76/0761 Headlamps for motor vehicles Member States which have notified implementing measures: all 76/0762 Lamps for motor vehicles Member States which have notified implementing measures: all 76/0763 Seats for tractors Member States which have notified implementing measures: all 77/0102 Air pollution from engines Member States which have notified implementing measures: all except FIN 77/0143 Roadworthiness tests for motor vehicles Member States which have notified implementing measures: all 183 77/0212 Sound level of motor vehicles Member States which have notified implementing measures: all except FIN 77/0311 Sound level of tractors Member States which have notified implementing measures: all 77/0389 Motor-vehicle towing devices Member States which have notified implementing measures: all 77/0536 Roll-over protection of tractors Member States which have notified implementing measures: all 77/0537 Emission of pollutants from diesel engines Member States which have notified implementing measures: all 77/0538 Lamps for motor vehicles Member States which have notified implementing measures: all 77/0539 Lamps for motor vehicles Member States which have notified implementing measures: all 77/0540 Lamps for motor vehicles Member States which have notified implementing measures: all 77/0541 Safety belts Member States which have notified implementing measures: all 184 77/0649 Driver's field of vision in motor vehicles Member States which have notified implementing measures: all 78/0315 Type-approval of motor vehicles Member States which have notified implementing measures: all except FIN 78/0316 Interior fittings of motor vehicles Member States which have notified implementing measures: all 78/0317 Defrosting systems of motor vehicles Member States which have notified implementing measures: all 78/0318 Windscreen wipers of motor vehicles Member States which have notified implementing measures: all except S 78/0507 Motor-vehicle registration plates Member States which have notified implementing measures: all 78/0547 Type-approval of motor vehicles Member States which have notified implementing measures: all except FIN 78/0548 Heating of motor vehicles Member States which have notified implementing measures: all 78/0549 Wheels of motor vehicles Member States which have notified implementing measures: all 185 78/0632 Interior fittings of motor vehicles Member States which have notified implementing measures: all 78/0665 Air pollution from engines Member States which have notified implementing measures: all except FIN 78/0764 Driver's seat on tractors Member States which have notified implementing measures: all 78/0932 Head restraints of seats of motor vehicles Member States which have notified implementing measures: all 78/0933 Lighting on tractors Member States which have notified implementing measures: all 78/1015 Sound level of motorcycles Member States which have notified implementing measures: all 79/0488 External projections of motor vehicles Member States which have notified implementing measures: all 79/0489 Braking devices of motor vehicles Member States which have notified implementing measures: all 79/0490 Fuel tanks of motor vehicles Member States which have notified implementing measures: all 186 79/0532 Lighting on tractors Member States which have notified implementing measures: all 79/0533 Coupling device of tractors Member States which have notified implementing measures: all 79/0622 Roll-over protection of tractors Member States which have notified implementing measures: all 79/0694 Type-approval of tractors Member States which have notified implementing measures: all 79/0795 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 79/1073 Sound level of tractors Member States which have notified implementing measures: all 80/0233 Lighting on motor vehicles Member States which have notified implementing measures: all 80/0720 Doors and windows of tractors Member States which have notified implementing measures: all 80/0780 Rear-view mirrors of two-wheeled motor vehicles Member States which have notified implementing measures: all 187 80/1267 Type-approval of motor vehicles Member States which have notified implementing measures: all except FIN 80/1268 Fuel consumption of motor vehicles Member States which have notified implementing measures: all except FIN 80/1269 Engine power of motor vehicles Member States which have notified implementing measures: all 80/1272 Rear-view mirrors of motor vehicles (motorcycles) Member States which have notified implementing measures: all 81/0333 Fuel tanks of motor vehicles Member States which have notified implementing measures: all 81/0334 Sound level of motor vehicles Member States which have notified implementing measures: all except FIN 81/0575 Safety belts Member States which have notified implementing measures: all 81/0576 Safety belts Member States which have notified implementing measures: all 81/0577 Interior fittings of motor vehicles Member States which have notified implementing measures: all 188 81/0643 Driver's field of vision on motor vehicles Member States which have notified implementing measures: all 82/0244 Lighting on motor vehicles Member States which have notified implementing measures: all 82/0318 Safety belts Member States which have notified implementing measures: all 82/0319 Safety belts Member States which have notified implementing measures: all 82/0890 Tractors Member States which have notified implementing measures: all 82/0953 Roll-over protection of tractors Member States which have notified implementing measures: all 83/0190 Driver's seat on tractors Member States which have notified implementing measures: all 83/0276 Lighting and light-signalling devices on motor vehicles Member States which have notified implementing measures: all 83/0351 Air pollution from engines Member States which have notified implementing measures: all except FIN 189 84/0008 Lighting and light-signalling devices on motor vehicles Member States which have notified implementing measures: all 84/0372 Sound level of motor vehicles Member States which have notified implementing measures: all except FIN 84/0424 Sound level of motor vehicles Member States which have notified implementing measures: all 85/0205 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 85/0647 Braking devices of motor vehicles Member States which have notified implementing measures: all 86/0297 Power take-offs of tractors Member States which have notified implementing measures: all 86/0298 Roll-over protection of tractors Member States which have notified implementing measures: all 86/0415 Controls of tractors Member States which have notified implementing measures: all 86/0562 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 190 87/0056 Sound level of motorcycles Member States which have notified implementing measures: all 87/0358 Type-approval of motor vehicles Member States which have notified implementing measures: all except FIN 87/0402 Roll-over protection of tractors Member States which have notified implementing measures: all 87/0403 Type-approval of motor vehicles Member States which have notified implementing measures: all except FIN 87/0405 Sound power level of tower cranes Member States which have notified implementing measures: all. 88/0076 Air pollution from motor vehicles Member States which have notified implementing measures: all except FIN 88/0077 Emissions from diesel engines Member States which have notified implementing measures: all 88/0194 Braking devices of motor vehicles Member States which have notified implementing measures: all 88/0195 Engine power of motor vehicles Member States which have notified implementing measures: all 191 88/0297 Type-approval of tractors Member States which have notified implementing measures: all 88/0321 Rear-view mirrors of motor vehicles Member States which have notified implementing measures: all 88/0366 Driver's field of vision in motor vehicles Member States which have notified implementing measures: all 88/0410 Characteristics of tractors Member States which have notified implementing measures: all 88/0411 Steering equipment of tractors Member States which have notified implementing measures: all 88/0412 Maximum speed of tractors Member States which have notified implementing measures: all 88/0413 Roll-over protection of tractors Member States which have notified implementing measures: all 88/0414 Doors and windows of tractors Member States which have notified implementing measures: all 88/0436 Particulate emissions from diesel engines Member States which have notified implementing measures: all except FIN 192 88/0465 Driver's seat on tractors Member States which have notified implementing measures: all 89/0173 Characteristics of tractors Member States which have notified implementing measures: all 89/0235 Sound level of motorcycles Member States which have notified implementing measures: all. 89/0277 Lamps for motor vehicles Member States which have notified implementing measures: all 89/0278 Lighting on motor vehicles Member States which have notified implementing measures: all 89/0297 Lateral protection of motor vehicles Member States which have notified implementing measures: all 89/0458 Emissions from motor vehicles Member States which have notified implementing measures: all except FIN 89/0491 Sound level of motor vehicles Member States which have notified implementing measures: all 89/0516 Lamps for motor vehicles Member States which have notified implementing measures: all 193 89/0517 Headlamps for motor vehicles Member States which have notified implementing measures: all 89/0518 Fog lamps for motor vehicles Member States which have notified implementing measures: all 89/0680 Protection structures - tractors Member States which have notified implementing measures: all 89/0681 Protection structures - tractors Member States which have notified implementing measures: all 89/0682 Protection structures - tractors Member States which have notified implementing measures: all 90/0628 Safety belts Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK Germany - 92/0125, no measures notified, Art. 169 letter in 1992 90/0629 Safety belts Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK 90/0630 Driver's field of vision in motor vehicles Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, I, L, NL, P, UK 194 91/0226 Spray-suppression systems of motor vehicles Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK Italy - 92/0619, no measures notified, Art. 169 letter in 1992 91/0328 Roadworthiness tests for motor vehicles and their trailers Member States which have notified implementing measures: B, D, DK, EL, E, F, I, L, NL, P, UK. Ireland - 93/0764, no measures notified, Art. 169 letter in 1993 91/0422 Braking devices of motor vehicles Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, NL, P. Luxembourg - 92/0868, no measures notified, reasoned opinion in 1992 United Kingdom- 92/0931, no measures notified, Art. 169 letter in 1992 91/0441 Emissions from motor vehicles Member States which have notified implementing measures: all. 91/0542 Gas emissions from diesel engines Member States which have notified implementing measures: all 91/0662 Interior fittings of motor vehicles Member States which have notified implementing measures: all. 91/0663 Lighting and light-signalling devices on motor vehicles Member States which have notified implementing measures: all. 195 92/0021 Masses and dimensions of motor vehicles Member States which have notified implementing measures: all. 92/0022 Glazing on motor vehicles Member States which have notified implementing measures: all. 92/0023 Tyres for motor vehicles Member States which have notified implementing measures: all. 92/0024 Speed limitation devices Member States which have notified implementing measures: B, DK, D, EL, E, IRL, I, L, NL, P, UK. France - 93/0216, no measures notified, Art. 169 letter in 1993 92/0053 Type-approval of motor vehicles Member States which have notified implementing measures: B, DK, E, IRL, I, L, NL, P, UK. Germany - 93/0072, no measures notified, Art. 169 letter in 1993 Greece - 93/0122, no measures notified, Art. 169 letter in 1993 France - 93/0209, no measures notified, Art. 169 letter in 1993 92/0061 Type-approval of two- and three-wheel motor vehicles Member States which have notified implementing measures: all United Kingdom - 94/0497, no measures notified, reasoned opinion h 1995 92/0062 Steering equipment for motor vehicles Member States which have notified implementing measures: all. 196 92/0097 Permissible sound level and the exhaust system of motor vehicles Member States which have notified implementing measures: A, S, FIN, DK, D, E, IRL, I, P, UK. Belgium - 93/0632, no measures notified Art. 169 letter in 1993 Greece - 93/0703, no measures notified, Art. 169 letter in 1993 France - 93/0750, no measures notified, Art. 169 letter in 1993 Luxembourg 93/0822, no measures notified, Art. 169 letter in 1993 Netheriands - 93/0838, no measures notified, Art. 169 letter in 1993 92/0114 Cabs of motor vehicles of category N Member States which have notified implementing measures: all Germany - 93/0688, no measures notified, Art. 169 letter in 1993. terminated in 1995 93/0014 Braking systems of two- and three-wheel motor vehicles Member States which have notified implementing measures: all 93/0029 Identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except B Belgium - 95/0017, no measures notified, Art. 169 letter in 1995. 93/0030 Audible warning devices for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except B. Belgium - 95/0018, no measures notified, Art. 169 letter in 1995. 197 93/0031 Stands for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except B. Belgium - 95/0019, no measures notified, Art. 169 letter in 1995. 93/0032 Passenger hand-holds for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except B. Belgium - 95/0020, no measures notified, Art. 169 letter in 1995 93/0033 Devices to prevent unauthorized use of two- or three-wheel motor vehicles Member States which have notified implementing measures: all except B. Belgium - 95/0021, no measures notified, Art. 169 letter in 1995 93/0034 Statutory markings for two- or three-wheel motor vehicles Member States which have notified implementing measures: all except B. Belgium - 95/0022, no measures notified, Art. 169 letter in 1995 93/0059 Air pollution by emissions from motor vehicles Member States which have notified implementing measures: A, S, FIN, DK. Belgium - 93/0977, no measures notified Art. 169 letter in 1993 Germany - 93/0995, no measures notified, Art. 169 letter in 1993 Greece - 93/1023, no measures notified, Art. 169 letter in 1993 Spain - 93/1004, no measures notified, Art. 169 letter in 1993 France - 93/1018, no measures notified, Art. 169 letter in 1993 Ireland - 93/1040, no. measures notified, Art. 169 letter in 1993 Italy - 93/1053, no measures notified, Art. 169 letter in 1993 Luxembourg - 93/1071, no measures notified, Art. 169 letter in 1993 Netheriands - 93/1061, no measures notified, Art. 169 letter in 1993 Portugal - 93/1083, no measures notified, Art. 169 letter in 1993 United Kingdom- 93/1094, no measures notified, Art. 169 letter in 1993 198 93/0081 Type-approval of motor vehicles Member States which have notified implementing measures: B, D, EL, E, F, IRL, L, NL, UK Denmark - 94/0805, no measures notified, Art. 169 letter in 1995 France - 94/0848, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy - 94/0888, no measures notified, Art. 169 letter in 1995 Portugal - 94/0954, no measures notified, Art. 169 letter in 1995 93/0091 Interior fittings of motor vehicles Member States which have notified implementing measures: all 93/0116 Fuel consumption of motor vehicles Member States which have notified implementing measures: B, DK, D, EL, E, I, L, NL, P, UK. Greece - 94/0539, no measures notified, Art. 169 letter in 1994, terminated in 1995 France - 94/0560, no measures notified, Art. 169 letter in 1994 Ireland - 94/0567, no measures notified, Art. 169 letter in 1994 Luxembourg - 94/0582, no measures notified, Art. 169 letter in 1994, terminated in 1995 94/0012 Pollution by emissions from motor vehicles Member States which have notified implementing measures: all except B, EL, A. Belgium - 94/0975, no measures notified, Art. 169 letter in 1995. Greece - 94/0974, no measures notified, Art. 169 letter in 1995. 94/0020 Motor vehicles Member States which have notified implementing measures: A, FIN 199 94/0053 Identification of motor vehicles Member States which have notified implementing measures: all except B, L, NL,P,UK, FIN,S Belgium - 95/240- no measures notified, Art. 169 letter in 1995 Portugal - 95/372- no measures notified, Art. 169 letter in 1995 United Kingdom - 95/386-no measures notified, Art. 169 letter in 1995 94/0068 Windscreen wiper and washer systems of motor vehicles Member States which have notified implementing measures: all except B, L, NL,P, UK, S Luxembourg: 95/0578 no measures notified, Art. 169 letter in 1995 Netheriands: 95/0595 no measures notified, Art. 169 letter in 1995 Portugal: 95/0621 no measures notified, Art. 169 letter in 1995 United Kingdom: 95/0639 no measures notified, Art. 169 letter in 1995 94/0078 Wheel guards of motor vehicles Member States which have notified implementing measures: all except B, L, NL,P, UK, S Luxembourg: 95/0580 no measures notified, Art. 169 letter in 1995 Netheriands: 95/0597 no measures notified, Art. 169 letter in 1995 Portugal: 95/0623 no measures notified, Art. 169 letter in 1995 United Kingdom: 95/0642 no measures notified, Art. 169 letter in 1995 94/0054 Wheel guards of motor vehicles Member States which have notified implementing measures: D 200 Construction products 89/0106 Construction products Member States which have notified implementing measures: DK, D, E, EL, F, FIN, IRL, I, L, NL, P, S, UK. Belgium - 92/0026, no measures notified, reasoned opinion in 1993 Machinery 69/0493 Crystal glass Member States which have notified implementing measures: all except FIN, S, A 71/0316 Measuring instruments Member States which have notified implementing measures: all 71/0317 Medium accuracy weights Member States which have notified implementing measures: all 71/0318 Gas volume meters Member States which have notified implementing measures: all 71/0319 Meters for liquids Member States which have notified implementing measures: all 201 71/0347 Measuring of grain Member States which have notified implementing measures: all 71/0348 Meters for liquids Member States which have notified implementing measures: all 71/0349 Calibration of the tanks of vessels Member States which have notified implementing measures: all except S 72/0427 Measuring instruments Member States which have notified implementing measures: all 73/0023 Electrical equipment - low tension Member States which have notified implementing measures: all 73/0360 Weighing instruments Member States which have notified implementing measures: all except A, S 73/0361 Marking of wire-ropes, chains and hooks Member States which have notified implementing measures: all 73/0362 Measures of length Member States which have notified implementing measures: all 74/0148 Weights of above-medium accuracy Member States which have notified implementing measures: all 202 74/0331 Gas volume meters Member States which have notified implementing measures: all except FIN 75/0033 Water meters Member States which have notified implementing measures: all 75/0106 Prepackaged liquids Member States which have notified implementing measures: all 75/0107 Bottles used as measuring containers Member States which have notified implementing measures: all 75/0324 Aerosols Member States which have notified implementing measures: all 75/0410 Continuous totalizing weighing machines Member States which have notified implementing measures: all except FIN 76/0117 Electrical equipment Member States which have notified implementing measures: all 76/0211 Prepackaged products Member States which have notified implementing measures: all 76/0434 Marking of wire-ropes, chains and hooks Member States which have notified implementing measures: all 203 76/0696 Non-automatic weighing machines Member States which have notified implementing measures: all except A, S 76/0764 Thermometers Member States which have notified implementing measures: all 76/0765 Alcoholometers Member States which have notified implementing measures: all 76/0766 Alcohol tables Member States which have notified implementing measures: all 76/0767 Pressure vessels Member States which have notified implementing measures: all 76/0891 Electrical energy meters Member States which have notified implementing measures: all 77/0095 Taximeters Member States which have notified implementing measures: all except S 77/0313 Measuring of liquids Member States which have notified implementing measures: all except S 78/0365 Gas volume meters Member States which have notified implementing measures: all 204 78/0629 Measures of length Member States which have notified implementing measures: all 78/0891 Prepackaging Member States which have notified implementing measures: all 78/1031 Automatic checkweighing machines Member States which have notified implementing measures: all except S 79/0196 Electrical equipment Member States which have notified implementing measures: all 79/0830 Water meters Member States which have notified implementing measures: all 79/1005 Prepackaged liquids Member States which have notified implementing measures: all 80/0181 Units of measurement Member States which have notified implementing measures: all 80/0232 Prepackaged products Member States which have notified implementing measures: all 82/0621 Electrical energy meters Member States which have notified implementing measures: all 205 82/0622 Weighing instruments Member States which have notified implementing measures: all 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 83/0575 Measuring instruments Member States which have notified implementing measures: all 84/0047 Electrical equipment Member States which have notified implementing measures: all 84/0414 Thermometers Member States which have notified implementing measures: all except S 84/0525 Steel gas cylinders Member States which have notified implementing measures: all 206 84/0526 Aluminium gas cylinders Member States which have notified implementing measures: all 84/0527 Welded steel gas cylinders Member States which have notified implementing measures: all 84/0528 Lifting appliances Member States which have notified implementing measures: all 84/0529 Electrically-operated lifts Member States which have notified implementing measures: all 84/0532 Construction plant Member States which have notified implementing measures: all 84/0539 Electro-medical equipment Member States which have notified implementing measures: A, B, DK, D, EL, E, F, IRL, I, L, NL, P, UK. 85/0001 Units of measurement Member States which have notified implementing measures: all 85/0010 Prepackaged liquids Member States which have notified implementing measures: all 85/0146 Measures of length Member States which have notified implementing measures: all 207 86/0096 Prepackaging Member States which have notified implementing measures: all 86/0217 Pressure gauges Member States which have notified implementing measures: all except S 86/0295 Construction plant Member States which have notified implementing measures: all 86/0296 Construction plant Member States which have notified implementing measures: all 86/0312 Electrically-operated lifts Member States which have notified implementing measures: all 86/0663 Self-propelled industrial trucks Member States which have notified implementing measures: all 87/0354 Industrial products - distinctive numbers and letters Member States which have notified implementing measures: all 87/0355 Measuring instruments Member States which have notified implementing measures: all 87/0356 Prepackaged products Member States which have notified implementing measures: all 208 87/0404 Pressure vessels Member States which have notified implementing measures: all Italy - 93/4069, not properly applied, reasoned opinion in 1994 88/0316 Prepackaged liquids Member States which have notified implementing measures: all 88/0571 Electrical equipment Member States which have notified implementing measures: all 88/0665 Attestations and certificates Member States which have notified implementing measures: all 89/0240 Self-propelled industrial trucks Member States which have notified implementing measures: all 89/0336 Electromagnetic compatibility Member States which have notified implementing measures: A, FIN, S, B, DK, D, F, L, I, NL, UK, EL, E, P Belgium - 92/0652, no measures notified, reasoned opinion in 1993, terminated in 1995 Greece - 92/0742, no measures notified, reasoned opinion in 1993, terminated in 1995 Spain - 92/0743, no measures notified, reasoned opinion in 1993, terminated in 1995 Ireland - 92/0793, no. measures notified, reasoned opinion in 1993, referral in 1994- Case C-94/240 Netheriands - 92/0875, no measures notified, reasoned opinion in 1993, referral in 1994, terminated in 1995 209 89/0392 Machinery Member States which have notified implementing measures: A, FIN, S, B, DK, D, F, IRL, L, NL, UK, EL, E, P Italy - 92/0328, no measures notified, referral in 1994 - Case C-94/182 89/0617 Units of measurement Member States which have notified implementing measures: B, DK, D, F, IRL, I, L, NL, P, UK, FIN, S. Greece - 92/0272, no measures notified, suppl. reasoned opinion in 1994 Spain - 92/0157, no measures notified, suppl. reasoned opinion in 1994 Portugal - 92/0510, no measures notified, reasoned opinion in 1993, (to be terminated in 1995) 89/0676 Prepackaged liquids Member States which have notified implementing measures: all 89/0686 Personal protective equipment Member States which have notified implementing measures: all. 90/0384 Weighing instruments Member States which have notified implementing measures: all 90/0385 Active implantable medical devices Member States which have notified implementing measures: FIN, S, DK, D, F, IRL, I, L, NL, UK, EL, E, P Belgium 92/0657, no measures notified, reasoned opinion in 1993, referral in 1994 - Case C-95/239 Germany - 92/0697, no measures notified, reasoned opinion in 1994, terminated in 1995 210 Greece - 92/0737, no measures notified, reasoned opinion in 1993 France - 92/0773, no measures notified, reasoned opinion in 1993, terminated in 1995 Ireland - 92/0798, no measures notified, reasoned opinion in 1993, terminated in 1995 90/0396 Gas appliances Member States which have notified implementing measures: all except A 90/0486 Electrically-operated lifts Member States which have notified implementing measures: all. 90/0487 Electrical equipment Member States which have notified implementing measures: all. Italy - 92/0824, no measures notified, referral in 1994 90/0488 Pressure vessels Member States which have notified implementing measures: all 91/0368 Machinery (amendment) Member States which have notified implementing measures: A, FIN, S, B, DK, D, F, IRL, L, NL, UK, EL, E, P Italy - 92/0368, no measures notified, reasoned opinion in 1993, referral in 1993 - Case C-94/182 92/0031 Electromagnetic compatibility (amendment) Member States which have notified implementing measures: A, B, DK, D, F, FIN, I, L, NL, UK, EL, E, P, S Ireland 92/0815, no measures notified, reasoned opinion in 1993, referral in 1994 - Case C-94/240 211 Belgium - 92/0676, no measures notified, referral in 1994, terminated in 1995 Netheriands - 92/0889, no measures notified, reasoned opinion in 1993, referral in 1994 93/0042 Medical devices Member States which have notified implementing measures: DK, D, F, FIN, IRL, NL, UK, EL, P, S Belgium 94/0784, no measures notified, reasoned opinion in 1995 Luxembourg 94/0901, no measures notified, reasoned opinion in 1995 Greece 94/0988, no measures notified, Art. 169 letter in 1995, terminated in 1995 Spain 94/0828, no measures notified, reasoned opinion in 1995 Italy 94/0878, no measures notified, reasoned opinion in 1995 Netheriands 94/0913, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal 94/0935, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom 94/0958, no measures notified, Art. 169 letter in 1995, terminated in 1995 93/0044 Machinery (amendment) Member States which have notified implementing measures: B, DK, IRL, NL, UK, E, P, A, FIN, S Germany 94/0812, no measures notified, reasoned opinion in 1995 Greece 94/0986, no measures notified, reasoned opinion in 1995 France 94/0839, no measures notified, reasoned opinion in 1995 Ireland 94/0858, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy 94/0879, no measures notified, reasoned opinion in 1995 Luxembourg 94/0902, no measures notified, reasoned opinion in 1995 Netheriands 94/0914, no measures notified, reasoned opinion in 1995, terminated in 1995 Portugal 94/0936, no measures notified, Art. 169 letter in 1995, terminated in 1995 212 93/0095 Personal protective equipment Member States which have notified implementing measures: B, DK, IRL, L, NL, UK, EL, E, P, A, FIN, S Belgium 94/0404, no measures notified, reasoned opinion in 1995, terminated in 1995 Germany 94/0418, no measures notified, reasoned opinion in 1995 Denmark 94/0411, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece 94/0421, no measures notified, Art. 169 letter in 1995, terminated in 1995 France 94/0451, no measures notified, reasoned opinion in 1995 Italy 94/0470, no measures notified, reasoned opinion in 1995 Luxembourg 94/0476, no measures notified, reasoned opinion in E8$ terminated in 1995 Portugal 94/0493, no measures notified, Art. 169 letter in 1994, terminated in 1995 Netheriands 94/0481, no measures notified, Art. 169 letter in 1994, terminated in 1995 94/0001 Aerosol dispensers Member States which have notified implementing measures: B, DK, F, IRL, L, NL, EL, E, P, A, FIN Germany 94/0820, no measures notified, reasoned opinion in 1995 Denmark 94/0806, no measures notified, Art. 169 letter in 1995, terminated in 1995 Spain 94/0834, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece 94/0975, no measures notified, Art. 169 letter in 1995, terminated in 1995 France 94/0851, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy 94/0891, no measures notified, reasoned opinion in 1995 Ireland 94/0867, no measures notified, reasoned opinion in 1995,. terminated in 1995 Luxembourg 94/0909, no measures notified, Art. 169 letter in 1995, terminated in 1995 Netheriands 94/0924, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal 94/0948, no measures notified, Art. 169 letter in 1995, 213 terminated in 1995 United Kingdom 94/0971, no measures notified, reasoned opinion in 1995 94/0009 Electrical equipment in potentially explosive atmospheres Member States which have notified implementing measures: DK, L 94/0026 Electrical equipment in potentially explosive atmospheres (amendment 79/196) Member States which have notified implementing measures: A, FIN, S, DK, D, F, I, NL, UK, EL, E Belgium 95/0237, no measures notified, Art. 169 letter in 1995 Spain 95/0289, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Greece 95/0275, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Ireland 95/0310, no measures notified, Art. 169 letter in 1995 Luxembourg 95/0342, no measures notified, reasoned opinion in 1995 Portugal 95/0369, no measures notified, reasoned opinion in 1995 United Kingdom 95/0383, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 214 Free movement - special arrangements 91/0477 Acquisition and possession of weapons Member States which have notified implementing measures: all, except A, FIN and S 93/0007 Return of cultural objects unlawfully removed from the territory of a Member State Member States which have notified implementing measures: DK, E, FIN, F, IRL, NL, P, S, UK Spain - 94/0550, no measures notified, Art. 169 letter in 1994, terminated in 1995 France - 94/0556, no measures notified, Art. 169 letter in 1994, terminated in 1995 Netheriands - 94/0584, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal -, 94/0591, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0532, no measures notified, Art. 169 letter in 1994 Germany Belgium - 94/0518, no measures notified, Art. 169 letter in 1994 Greece - 94/0546, no measures notified, Art. 169 letter in 1994 - Italy - 94/0569, no measures notified, Art. 169 letter in 1994 Luxembourg 94/0578, no measures notified, Art. 169 letter in 1994 - 215 Persons Right of residence 64/0221 Public policy and public health Member States which have notified implementing measures: all 73/0148 Movement and residence of nationals of the Member States Member States which have notified implementing measures: all 90/0364 Right of residence Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L NL, P, UK United Kingdom - 92/0920, no measures notified, reasoned opinion in 1993, terminated in 1995 - no measures notified, referral in 1995 Germany 90/0365 Right of residence for employees and self-employed persons who have ceased their occupational activity Member States which have notified implementing measures: B, DK, E, EL, F, IRL, I, L, NL, P, UK United Kingdom - 92/0921, no measures notified, reasoned opinion Germany - no measures notified, referral in 1995 in 1993, terminated in 1995 90/0366 Right of residence for students (Directive annulled by Court of Justice. See Directive 93/96 which replaces it) 216 93/0096 Right of residence for students Member States which have notified implementing measures: B, DK, E, EL, F, IRL, I, L, NL, P, UK Germany - no measures notified, reasoned opinion in 1995, referral in 1995 Voting rights 93/0109 Right to vote and stand as candidate for elections to European Parliament Member States which have notified implementing measures: all Mutual recognition of diplomas 63/0261 Freedom of establishment for agricultural workers Member States which have notified implementing measures: all 63/0262 Freedom of establishment in agriculture - abandoned holdings Member States which have notified implementing measures: all 64/0222 Wholesale trade and intermediaries in commerce, industry and small craft industries (transitional measures) Member States which have notified implementing measures: all 217 64/0223 Freedom of establishment - wholesale trade Member States which have notified implementing measures: all 64/0224 Freedom of establishment - intermediaries in commerce, industry and small craft industries Member States which have notified implementing measures: all 64/0427 Processing industries (transitional measures) Member States which have notified implementing measures: all 64/0428 Freedom of establishment - mining and quarrying Member States which have notified implementing measures: all 64/0429 Freedom of establishment - processing industries Member States which have notified implementing measures: all except A 65/0001 Freedom to provide services - agriculture Member States which have notified implementing measures: all 66/0162 Freedom of establishment - electricity, gas, water and sanitary services Member States which have notified implementing measures: all 67/0043 Freedom of establishment - real estate agents Member States which have notified implementing measures: all 67/0530 Freedom for farmers to transfer from one holding to another Member States which have notified implementing measures: all except FIN 218 67/0531 Agricultural leases Member States which have notified implementing measures: all 67/0532 Agriculture - freedom of access to cooperatives Member States which have notified implementing measures: all 67/0654 Freedom of establishment - forestry Member States which have notified implementing measures: all 68/0192 Freedom of access to credit for farmers Member States which have notified implementing measures: all 68/0363 Freedom of establishment - retail trade Member States which have notified implementing measures: all 68/0364 Retail trade (transitional measures) Member States which have notified implementing measures: all 68/0365 Freedom of establishment - food-manufacturing industries Member States which have notified implementing measures: all 68/0366 Food-manufacturing industries Member States which have. notified implementing measures: all Spain - 91/2377, not properly implemented, Art. 169 letter in 1993, postponed in 1994 and 1995 219 68/0367 Freedom of establishment - personal services Member States which have notified implementing measures: all 68/0368 Personal services (catering) (transitional measures) Member States which have notified implementing measures: all 68/0369 Freedom of establishment - film distribution Member States which have notified implementing measures: all except S 68/0415 Freedom of access to aid for farmers Member States which have notified implementing measures: all 69/0082 Activities of the self-employed in oil and gas exploration Member States which have notified implementing measures: all 70/0451 Freedom of establishment - film production Member States which have notified implementing measures: all 70/0522 Freedom of establishment - wholesale coal trade Member States which have notified implementing measures: all 70/0523 Wholesale coal trade (transitional measures) Member States which have notified implementing measures: all 71/0018 Freedom of establishment - agriculture and horticulture Member States which have notified implementing measures: all 220 74/0556 Toxic products (transitional measures) Member States which have notified implementing measures: all 74/0557 Freedom of establishment - toxic products Member States which have notified implementing measures: all 75/0362 (*) Mutual recognition of medical qualifications Member States which have notified implementing measures: all Spain - 90/0981, not properly implemented, reasoned opinion in 1991, suspended in 1992 and 1993, immediate action (reasoned opinion) in 1995 (*) This Directive was consolidated by Directive 93/16 75/0363 (*) Activities of doctors Member States which have notified implementing measures: all (*) This Directive was consolidated by Directive 93/16 75/0368 Freedom of establishment - various activities Member States which have notified implementing measures: all 75/0369 Freedom of establishment - itinerant activities Member States which have notified implementing measures: all 77/0249 Lawyers Member States which have notified implementing measures: all 221 77/0452 Mutual recognition of qualifications - nurses Member States which have notified implementing measures: all United Kingdom - 91/4846, not properly applied, Art. 169 letter in 1992, reasoned opinion in 1995 77/0453 Activities of nurses Member States which have notified implementing measures: all Spain - 91/4352, not properly applied, Art. 169 letter in 1993, suppl. Art. 169 letter in 1994, immediate action (suppl. Art. 169 letter) in 1995 78/0686 Dentists Member States which have notified implementing measures: all Spain - 90/411, not properly applied, reasoned opinion in 1992, Germany Germany postponed in 1995 - 87/434, not properly applied, reasoned opinion in 1992, referral decided in 1993, referral in 1995 - 91/2098, not properly applied, Art. 169 letter in 1992, terminated in 1995 Italy - 90/412, not properly applied, referral in 1993, judgment in 1995 - Case C-93/40) 78/0687 Dentists Member States which have notified implementing measures: all Spain - 90/411, not properly applied, reasoned opinion in 1992, postponed in 1995 Italy - 90/412, not properly applied, referral in 1993, judgment in 1995 - Case C-93/40 222 78/1026 Veterinary surgeons Member States which have notified implementing measures: all 78/1027 Veterinary surgeons Member States which have notified implementing measures: all 80/0154 Mutual recognition of qualifications - midwives Member States which have notified implementing measures: all 80/0155 Activities of midwives Member States which have notified implementing measures: all 80/1057 Acquired rights - doctors, nurses, dentists and veterinary surgeons Member States which have notified implementing measures: all 80/1273 Mutual recognition of qualifications - midwives Member States which have notified implementing measures: all 82/0076 Doctors Member States which have notified implementing measures: all 82/0470 Services incidental to transport Member States which have notified implementing measures: all 82/0489 Hairdressers Member States which have notified implementing measures: all Spain - 91/2377, not properly implemented, Art. 169 letter in 1993, postponed in 1994 223 85/0384 Architects Member States which have notified implementing measures: all Spain - 90/0349, not properly implemented, referral in 1992, immediate action (referral) in 1995 Italy - 94/0003, not properly implemented, Art. 169 letter in 1994, reasoned opinion in 1995. 85/0432 Pharmacists Member States which have notified implementing measures: all Italy - 91/820, not properly applied, referral in 1994 - Case C- 94/307 85/0433 Pharmacists Member States which have notified implementing measures: all 85/0584 Pharmacists Member States which have notified implementing measures: all 85/0614 Architects Member States which have notified implementing measures: all Spain - 90/0349, not properly implemented, reasoned opinion in 1992, suspended (referral) in 1993, ?? (referral) in 1995 86/0017 Architects Member States which have notified implementing measures: all Spain - 90/0349, not properly implemented, reasoned opinion in 1992, suspended (referral) en 1993, ?? (referral) in 1995 224 86/0457 (*) Training in general medicine Member States which have notified implementing measures: all Germany - 91/0787, not properly applied, Art. 169 letter in 1991, suppl. Art. 169 letter decided in 1993, immediate action (suppl. Art. 169 letter) in 1995 (*) This Directive was consolidated by Directive 93/16 89/0048 Mutual recognition of higher-education diplomas Member States which have notified implementing measures: all except A, B et EL. Belgium - 91/653, no measures notified, referral in 1994, judgment in 1995 - CaseC-94/316 Greece - 91/668, no measures notified, reasoned opinion in 1992, referral in 1994, judgment in 1995 - Case C-93/365 89/0594 Mutual recognition of diplomas - doctors, nurses, dentists, veterinary surgeons and midwives Member States which have notified implementing measures: all except E et P Spain - 92/154, no measures notified, reasoned opinion in 1995 Portugal - 92/512, no measures notified, reasoned opinion in 1995 - 92/2292, not properly implemented, reasoned opinion France decided in 1994, immediate action (reasoned opinion) en 1995 225 89/0595 Mutual recognition of diplomas - nurses Member States which have notified implementing measures: all except UK United Kingdom - 92/534, no measures notified, suspended (reasoned opinion) in 1993, immediate action (reasoned opinion) in 1995 90/0658 (*) Mutual recognition of diplomas - unification of Germany Member States which have notified implementing measures: D, F, I, EL, IRL, L, NL, DK United Kingdom - 92/551, no measures notified, suspended (reasoned opinion) in 1993, immediate action (reasoned opinion) in 1995 Belgium - 92/0055, no measures notified, reasoned opinion in 1994, Spain postponed in 1995 - 92/0175, no measures notified, reasoned opinion in 1993, referral in 1995 Portugal - 92/487, no measures notified, reasoned opinion in 1993, immediate action (reasoned opinion) in 1994 and 1995 (*) This Directive was consolidated by Directive 93/16 92/0051 Mutual recognition of diplomas - second general system Member States which have notified implementing measures: D, DK, E, I, FIN, F, L, NL, S Belgium - 94/0623, no measures notified, reasoned opinion in 1995 - 94/0635, no measures notified, postponed in 1994, Denmark terminated in 1995 Spain - 94/0660, no measures notified, Art. 169 letter in 1994, terminated in 1995 France - 94/0674, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece - 94/0702, no measures notified, reasoned opinion in 1995 - 94/0707, no measures notified, reasoned opinion in 1995 Ireland Portugal - 94/0749, no measures notified, reasoned opinion in 1995 - 94/0767, no measures notified, reasoned opinion United Kingdom in 1995 226 94/0038 Amendment of Annexes C and D to Directive 92/51 Implementing measures not required in countries which have already transposed Directive 92/51 (except for Italy, which has not notified implementing measures 95/0043 Amendment of Annexes C and D to Directive 92/51 Implementing measures not required in countries which have already transposed Directive 92/51 (except for Italy, which has not notified implementing measures Self-employed commercial agents 86/653 Self-employed commercial agents Member States which have notified implementing measures: all Belgium - 90/0444, no measures notified, reasoned opinion in 1992, terminated in 1995 Ireland Italy United Kingdom - 94/2287, incorrect transposai, Art. 169 letter in 1995 - 95/2178, incorrect transposai, Art. 169 letter in 1995 - 95/2182, incorrect transposai 227 Services Audiovisual media 89/0552 Television without frontiers Member States which have notified implementing measures: all. Belgium - 92/2159, not properly implemented, referral in 1994 Greece - 93/2158, not properly implemented, reasoned opinion in 1994 France - 92/2164, not properly implemented, reasoned opinion in 1994 Ireland - 92/2163, not properly implemented, reasoned opinion in 1995 Italy Netheriands - 92/2168, not properly implemented, referral in 1994 - 92/2165, not properly opinion in 1995 implemented, reasoned Portugal - 92/2166, not properly implemented, reasoned opinion in 1994 United Kingdom - 92/2167, not properly implemented, referral in 1994 United Kingdom - 94/4089, not properly applied, reasoned opinion in 1995 Telecommunications 87/0372 Cellular communications - frequency bands to be reserved Member States which have notified implementing measures: all 90/0387 Telecommunications - open network provision (ONP) Member States which have notified implementing measures: all. 228 90/0544 Frequency bands for radio paging Member States which have notified implementing measures: all Ireland - 92/0308, no measures notified, Art. 169 letter in 1992, terminated in 1995 91/0263 Telecommunications terminal equipment Member States which have notified implementing measures: DK, D, E, F, I, NL, P, UK Belgium - 92/0966, no measures notified, Art. 169 letter in 1992, referral in 1994 - Case C-94/218 Greece - 92/0975, no measures notified, Art. 169 letter in 1992, referral in 1994 - Case C-94/260 Ireland - 92/0985, no measures notified, Art. 169 letter in 1992, Luxembourg referral in 1994 - 92/0994, no measures notified, Art. 169 letter in 1992, referral in 1994 91/0287 Cordless telecommunications - frequency bands Member States which have notified implementing measures: all 92/0044 Application of open network provision to leased lines Member States which have notified implementing measures: B, DK, D, F, IRL, I, NL, P, UK. Denmark - 93/0651, no measures notified, Art. 169 letter in 199 3, terminated in 1995 Greece - 93/0712, no measures notified, referral in 1994-Case Spain C-94/259 - 93/0725, no measures notified, referral in 1994-Case C- 94/266 Ireland - 93/0770, no measures notified, referral in 1994-Case C-94/223, terminated in 1995 229 Italy - 93/0791, no measures notified, reasoned opinion in 1994, terminated in 1995 Luxembourg - 93/0816, no measures notified, referral in 1994- Case C-94/220 Portugal - 93/0851, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 93/0878, no measures notified, Art. 169 letter in 1993, terminated in 1995 93/0097 Satellite earth station equipment Member States which have notified implementing measures: DK, D, F, UK. Belgium - 95/0399, no measures notified, Art. 169 letter in 1995 - 95/0453, no measures notified, Art. 169 letter in 1995 Greece - 95/0479, no measures notified, Art. 169 letter in 1995 Spain - 95/0524, no measures notified, Art. 169 letter in 1995 Ireland Italy - 95/0544, no measures notified, Art. 169 letter in 1995 Luxembourg - 95/0567, no measures notified, Art. 169 letter in 1995 95/0588, no measures notified, Art. 169 letter in 1995 Netheriands - Portugal - 95/0605, no measures notified, Art. 169 letter in 1995 Financial services 64/0225 Freedom of establishment Member States which have notified implementing measures: all 72/0166 First Directive on insurance for motor vehicles Member States which have notified implementing measures: all 230 73/0183 Freedom of establishment for banks Member States which have notified implementing measures: all 73/0239 First Directive on insurance other than life assurance Member States which have notified implementing measures: all 77/0092 Freedom of establishment - insurance brokers Member States which have notified implementing measures: all Luxembourg - 92/2284, not properly applied, reasoned opinion in 1995 Greece Portugal - 90/6022, not properly applied, Art. 169 letter in 1994, - 91/0775, not properly applied, reasoned opinion in 1994 terminated in 1995 77/0780 First Directive on the coordination of banking laws Member States which have notified implementing measures: all 78/0473 Community co-insurance Member States which have notified implementing measures: all 79/0267 First Directive on life assurance Member States which have notified implementing measures: all 79/0279 Admission of securities to stock-exchange listing Member States which have notified implementing measures: all 80/0390 Admission of securities to stock-exchange listing - particulars to be published Member States which have notified implementing measures: all 231 82/0121 Information to be published regularly by companies Member States which have notified implementing measures: all 84/0005 Second Directive on motor-vehicle insurance Member States which have notified implementing measures: all 84/0641 Tourist assistance Member States which have notified implementing measures: all 85/0611 Undertakings for collective investment Member States which have notified implementing measures: all 86/0635 Annual accounts of banks Member States which have notified implementing measures: all Greece - 91/0370, no measures notified, referral in 1994, terminated in 1995 87/0343 Credit insurance and suretyship insurance Member States which have notified implementing measures: all 87/0344 Legal-expenses insurance Member States which have notified implementing measures: all 87/0345 Admission of securities to stock-exchange listing - particulars to be published Member States which have notified implementing measures: all 88/0220 232 Investment policy of certain undertakings for collective investment in transferable securities Member States which have notified implementing measures: all 88/0357 Second Directive on insurance other than life assurance Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK, A, FIN, S Greece - 90/0631, no measures notified, referral (C-94/207) in 1994, judgment on 29. 6. 95 88/0627 Major holdings in a listed company Member States which have notified implementing measures: all 89/0117 Publication of accounting documents of credit institutions Member States which have notified implementing measures: all Greece - 92/0279, no measures notified, referral in 1994, terminated in 1995 89/0298 Prospectuses for transferable securities on offer to the public Member States which have notified implementing measures: all 89/0299 Own funds of credit institutions Member States which have notified implementing measures: all 89/0592 Insider dealing Member States which have notified implementing measures: all 233 89/0646 Second banking Directive Member States which have notified implementing measures: all 89/0647 Solvency ratio for credit institutions Member States which have notified implementing measures: all 90/0211 Admission of securities to stock-exchange listing - particulars to be published Member States which have notified implementing measures: all 90/0232 Third Directive on insurance for motor vehicles Member States which have notified implementing measures: DK, D, EL, F, IRL, I, L, NL, P, UK, A, FIN, S Belgium - 93/0033, no measures notified, Art. 169 letter in 1994 Spain - 93/0200, no measures notified, reasoned opinion in 1994, referral in 1995 Portugal - 93/0445, no measures notified, Art. 169 letter in 1993, terminated in 1995 90/0618 Insurance of motor vehicles Member States which have notified implementing measures: B, DK, D, F, IRL, I, L, NL, P, UK, A, FIN, S Greece - 92/0606, no measures notified, referral in 1994, Case C-l 09/94, judgment on 29. 6. 95 Spain - 92/0592, no measures notified, referral in 1994, Case C-l 47/94, judgment on 6. 4. 95 90/0619 Second Directive on life assurance Member States which have notified implementing measures: B, DK, D, F, IRL, I, L, NL, P, UK, A, FIN, S 234 Germany - 92/0973, no measures notified, Art. 169 letter in 1992, terminated in 1995 Greece - 92/0974, no measures notified, referral in 1994, Case C-225/94, judgment on 29. 6. 95 Spain - 92/0981, no measures notified, referral in 1994, Case C-242/94, judgment on 12. 10. 95 Ireland - 92/0986, no measures notified, reasoned opinion in 1994, terminated in 1995 91/0308 Money laundering Member States which have notified implementing measures: all Ireland - 93/0271, no measures notified, reasoned opinion in 1994, terminated in 1995 91/0371 Implementation of the agreement between the EEC and Switzerland on insurance Member States which have notified implementing measures: B, DK, D, F, I, NL, P, UK. Belgium - 93/0896, no measures notified, Art. 169 letter in 1993, terminated in 1995 Greece Spain Ireland - 93/0916, no measures notified, reasoned opinion in 1994 - 93/0917, no measures notified, reasoned opinion in 1994 - 93/0931, no measures notified, reasoned opinion in 1994, referral in 1995 Luxembourg - 93/0939, no measures notified, reasoned opinion in 1994, referral in 1995 91/0633 Own funds of credit institutions Member States which have notified implementing measures: all 235 91/0674 Annual accounts of insurance undertakings Member States which have notified implementing measures: D, DK, F, L, NL, P, UK, A, FIN, S Belgium - 94/0008, no measures notified, reasoned opinion in 1994 - 94/0039, no measures notified, Art. 169 letter in 1994, Denmark Germany - 94/0070, no measures notified, reasoned opinion in terminated in 1995 Greece Spain Ireland 1994, terminated in 1995 - 94/0125, no measures notified, reasoned opinion in 1994 - 94/0136, no measures notified, Art. 169 letter in 1994 - 94/0202, no measures notified, reasoned opinion in 1995 Italy - 94/0234, no measures notified, reasoned opinion in 1994, 1994, referral in suspended in 1995 Luxembourg - 94/0269, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0030 Supervision of credit institutions Member States which have notified implementing measures: all except A Germany - 93/0085, no measures notified, Art. 169 letter in 1993, terminated in 1995 Greece - 93/0134, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0049 Third Directive on insurance other than life assurance Member States which have notified implementing measures: B, DK, D, F, L, I, IRL, NL, P, UK, A, FIN, S. Belgium - 94/0012, ho measures notified, Art. 169 letter in 1994, terminated in 1995 Germany Greece - 94/4124, not properly applied, Art. 169 letter in 1994 - 94/0124, no measures notified, reasoned opinion in 1994, referral in 1995 236 Spain - 94/0140, no measures notified, reasoned opinion in 1994 Ireland - 94/0205, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0238, no measures notified, Art. 169 letter in 1994, Luxembourg terminated in 1995 - 94/0272, no measures notified, Art. 169 letter in 1994, terminated in 1995 92/0096 Third Directive on life assurance Member States which have notified implementing measures: B, DK, D, F, I, IRL, L, NL, P, UK, A, FIN, S. Belgium - 94/0017, no measures notified, Art. 169 letter in 1994, Germany terminated in 1995 - 94/0079, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece Spain - 94/0116, no measures notified, reasoned opinion in 1994 - 94/0145, no measures notified, reasoned opinion in 1994 France - 94/0179, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0211, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0244, no measures notified, Art. 169 letter in 1994, terminated in 1995 Luxembourg - 94/0278, no measures notified, Art. 169 letter in 1994, terminated in 1995 Netheriands - 94/0312, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0376, no measures notified, Art. 169 letter in 1994, terminated in 1995 237 92/0121 Large exposures of credit institutions Member States which have notified implementing measures: all except A Germany - 94/0084, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0349, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0006 Capital adequacy Member States which have notified implementing measures: E and S 93/0022 Investment services Member States which have notified implementing measures: IRL, NL, S, UK - 95/0420, no measures notified, Art. 169 letter in 1995 - 95/0431, no measures notified, Art. 169 letter in 1995 Belgium - 95/0392, no measures notified, Art. 169 letter in 1995 Denmark Germany Greece Spain France Italy Luxembourg - 95/0499, no measures notified, Art. 169 letter in 1995 - 95/0540, no measures notified, Art. 169 letter in 1995 - 95/0449, no measures notified, Art. 169 letter in 1995 - 95/0475, no measures notified, Art. 169 letter in 1995 - 95/0566, no measures notified, Art. 169 letter in 1995 95/0586, no measures notified, Art. 169 letter in 1995 Netheriands - Portugal - 95/0602, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0630, no measures notified, Art. 169 letter in 1995 94/0007 Multilateral Development Banks Member States which have notified implementing measures: A, B, D, FIN, F, L, NL Denmark - 95/0035, Art. 169 letter in 1995, reasoned opinion in 1995 Greece - 95/0071, Art. 169 letter in 1995, reasoned opinion in 1995 238 Spain - 95/0087, Art. 169 letter in 1995, reasoned opinion in 1995 - 95/0119, Art. 169 letter in 1995, reasoned opinion in 1995 Ireland Italy - 95/0137, Art. 169 letter in 1995, reasoned opinion in 1995 Portugal - 95/0183, Art. 169 letter in 1995, reasoned opinion in 1995 - 95/0206, Art. 169 letter in 1995, reasoned United Kingdom opinion in 1995 94/0019 Deposit guarantee schemes Member States which have notified implementing measures: B, DK, EL, IRL, F, NL, P, FIN, UK, S Germany Spain Italy Luxembourg - 94/0032, Art. 169 letter in 1995 - 95/0482, Art. 169 letter in 1995 - 95/0547, Art. 169 letter in 1995 - 95/0572, Art. 169 letter in 1995 239 Company law 68/0151 First Directive on company law Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, S, UK. Germany - 90/0322, not properly applied, referral in 1995 77/0091 Second Directive on company law Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, S, UK. 78/0660 Annual accounts of companies Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, S, UK. 78/0855 Company mergers Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, S, UK. 82/0891 Division of companies Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, P, UK. 83/0349 Consolidated accounts of companies Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, S, UK. 84/0253 Audit of accounting documents Member States which have notified implementing measures: all 240 89/0666 Disclosure requirements for company branches Member States which have notified implementing measures: B, DK, D, E, EL, F, I, IRL, L, NL, P, S, UK. Belgium - 92/0036, no measures notified, terminated in 1995 89/0667 Single-member private limited companies Member States which have notified implementing measures: B, DK, D, EL, E, F, I, IRL, L, NL, P, S, UK. Belgium - 92/0037, terminated in 1995 Spain Ireland - 92/0291, terminated in 1995 - 92/0158, terminated in 1995 90/0604 Annual accounts - consolidated accounts: publication in ECUs Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, S, UK. Spain Portugal - 94/0484, terminated in 1995 - 94/0432, terminated in 1995 90/0605 Annual accounts - consolidated accounts: scope of application Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, S, UK. Germany Greece Spain Portugal - 93/0439, terminated in 1995 - 93/0108, referral in 1995 - 93/0155, terminated in 1995 - 93/0194, terminated in 1995 92/0101 Maintenance and alteration of the capital of public companies Member States which have notified implementing measures: B, DK, D, E, F, I, NL, S, UK. limited-liability 241 - no measures notified, reasoned opinion in 1995 - 94/0435, no measures notified, terminated in 1995 Belgium - 94/0401, terminated in 1995 Greece Spain Ireland - 94/0458, no measures notified, reasoned opinion in 1995 94/0473, no measures notified, reasoned opinion Luxembourg - in 1995 Portugal - 94/0489, no measures notified, reasoned opinion in 1995 Intellectual and industrial property 87/0054 Legal protection of semi-conductor products Member States which have notified implementing measures: all 89/0104 Trade marks Member States which have notified implementing measures: DK, EL, E, F, FIN, I, S, A, UK. Belgium - 93/0038, no measures notified, Art. 169 letter in 1993, reasoned opinion in progress Ireland - 93/0289, no measures notified, Art. 169 letter in 1993, reasoned opinion in progress Luxembourg - 93/0369, no measures notified, Art. 169 letter in 1993, reasoned opinion in progress Netherlands - 93/0404, no measures notified, Art. 169 letter in 1993, reasoned opinion in progress 91/0250 Legal protection of computer programs Member States which have notified implementing measures: all United Kingdom - 93/4459, not properly implemented, Art. 169 letter in 1995 242 92/0100 Rental and lending right Member States which have notified implementing measures: A, B, D, DK, E, EL, F, FIN, I, S. Ireland - 94/0855, no measures notified, Art. 169 letter in 1995 Luxembourg - 94/0894, no measures notified, Art. 169 letter in 1995 Portugal - 94/0927, no measures notified, Art. 169 letter in 1995 The Netherlands - 94/0911, no measures notified, Art. 169 letter in United Kingdom - 94/0952, no measures notified, Art. 169 letter in 1995 1995 93/0083 Copyright - satellite broadcast and cable retransmission Member States which have notified implementing measures: B, DK, E, FIN, S. Germany - 95/0047, no measures notified, Art. 169 letter in 1995 - 95/0065, no measures notified, Art. 169 letter in 1995 Greece France - 95/0102, no measures notified, Art. 169 letter in 1995 Ireland - 95/0114, no measures notified, Art. 169 letter in 1995 - 95/0132, no measures notified, Art. 169 letter in 1995 Italy Luxembourg - 95/0147, no measures notified, Art. 169 letter in 1995 95/0157, no measures notified, Art. 169 letter in 1995 Netherlands - Portugal - 95/0177, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0201, no measures notified, Art. 169 letter in 1995 93/0098 Term of protection of copyright and certain related rights Member States which have notified implementing measures: B, DK, D, EL, E, FIN, IRL, S. France Italy Luxembourg - - 95/0502, no measures notified, Art. 169 letter in 1995 - 95/0545, no measures notified, Art. 169 letter in 1995 95/0568, no measures notified, Art. 169 letter in 1995 The Netherlands - 95/0589, no measures notified, Art. 169 letter in 1995 243 Portugal - 95/0606, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0632, no measures notified, Art. 169 letter in 1995 Public contracts 71/0305 Public works contracts (amended by Directive 89/0440) Member States which have notified implementing measures: all Spain - 90/0875, not properly implemented, referral in 1992, Ca se C-91/0071, judgment in 1993, Art. 171 letter sent in 1994, suspended in 1995 77/0062 Public supply contracts (amended by Directive 88/0295) Member States which have notified implementing measures: all Spain - 90/0875, not properly implemented, referral in 1992, Ca se C-91/071, judgment in 1993, Art. 171 letter sent in 1994, suspended in 1995 80/0767 Public supply contracts Member States which have notified implementing measures: all 88/0295 Public supply contracts (amending Directive 77/0062) Member States which have notified implementing measures: all Germany - 92/2005, not properly implemented, referral in 1993 - Case C-93/433, terminated in 1995 Greece - 92/0601, no measures notified, referral in 1995, Spain terminated in 1995 - 92/0588, no measures notified, reasoned opinion in 1993, referral in 1994, Case C-94/256, terminated in 1995 244 Portugal - 94/2104, not properly implemented, suppl. Art. 169 letter in 1994 89/0440 Public works contracts (amending Directive 71/0305) Member States which have notified implementing measures: all Germany - 92/2004, not properly implemented, referral in 1993 - Case C-93/433, terminated in 1995 Belgium - 93/2156, not properly implemented, reasoned opinion in Spain 1994, suspended in 1995 - 92/0589, no measures notified, reasoned opinion in 1993, referral in 1994? Greece - Case C-94/256, terminated in 1995 - 93/2295, not properly implemented, Art. 169 letter in 1995, terminated in 1995 89/0665 Public contracts - review procedures Member States which have notified implementing measures: all Germany - 95/2044, not properly implemented, Art. 169 letter i n 1995 Spain - 95/2054, not properly implemented, Art. 169 letter in 1995 Greece - 92/0271, no measures notified, referral in 1995, Case C 95/236 Greece - 94/2153, not properly implemented, reasoned opinion in 1995 Portugal - 94/2236, not properly implemented, reasoned opinion in 1995 90/0531 Public contracts - excluded sectors Member States which have notified implementing measures: all (E: derogation until 31. 12. 1995, EL and P: derogation until 1998). Belgium - 92/0659, no measures notified, Art. 169 letter in 1992, reasoned opinion in 1995, terminated in 1995 245 Belgium - 94/2289, not properly implemented, Art. 169 letter in 1995 Italy - 92/0825, no measures notified, referral in 1995, C-95/113, terminated in 1995 United Kingdom - 94/2054, not properly implemented, Art. 169 letter 1994 92/0013 Public contracts - review procedures (excluded sectors) Member States which have notified implementing measures: all except E, A (EL and P: derogation until 1997) Belgium - 93/0016, no measures notified, reasoned opinion in 1993, terminated in 1995 France - 95/2082, not properly implemented, reasoned opinion in 1995 Ireland - 95/2083, not properly implemented, Art. 169 letter in 1995 Italy - 95/2071, not properly implemented, Art. 169 letter in 1995 United Kingdom - 95/2084, not properly implemented, Art. 169 letter in 1995 92/0050 Public service contracts Member States which have notified implementing measures: all except A, B, D, EL et F Belgium - 93/0628, no measures notified, reasoned opinion in 1995 Belgium - 94/2289, not properly implemented, Art. 169 letter in Germany 1995 - 93/0676, no measures notified, reasoned opinion in 1994, referral in 1995 Greece - 93/0711, no measures notified, referral in 1995, C-95/31 1 Spain France France - 93/0726, no measures notified, reasoned opinion in 1994 - 93/0744, ho measures notified, referral in 1995, C-95/234 - 95/2073, not properly implemented, reasoned opinion in 1995 Italy - 93/0792, no measures notified, referral in 1995, C-95/113, terminated in 1995 Portugal - 93/0852, no measures notified, reasoned opinion in 1994 246 93/0036 Public supply contracts Member States which have notified implementing measures: all except A, B, D, F et I Belgium - 94/0626, no measures notified, reasoned opinion in 1995 Belgium - 94/2289, not properly implemented, Art. 169 letter in Germany 1995 - 94/0650, no measures notified, reasoned opinion in 1995 Spain - 94/0664, no measures notified, reasoned opinion in 1994 France - 94/0677, no measures notified, reasoned opinion in 1995, referral in 1995 Greece - 94/0698, no measures notified, reasoned opinion in 1995, terminated in 1995 Italy - 94/0722, no measures notified, reasoned opinion in 1994 93/0037 Public works contracts (consolidating instrument) Member States are not required to notify implementing measures Belgium - 94/2289, not properly implemented, Art. 169 letter in 1995 93/0038 Public contracts - excluded sectors Member States which have notified implementing measures: B, DK, FIN, IRL, I, L, NL, S. (E: derogation until 1997, EL and P: derogation until 1998) Germany - 94/0650, no measures notified, reasoned opinion in 1995 France United Kingdom - 94/0838, no measures notified, reasoned opinion in 1995 - 94/0957, no measures notified, reasoned opinion in 1995 247 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 except FIN 77/0799 tax system - Mutual assistance - direct taxes Member States which have notified implementing measures: all 90/0434 tax system - Company mergers and divisions Member States which have notified implementing measures: all except EL Greece - 92/0603, no measures notified, reasoned opinion in 1994 90/0435 tax system - Parent companies and subsidiaries Member States which have notified implementing measures: all Indirect taxes 67/0227 First VAT Directive Member States which have notified implementing measures: all 69/0169 Tax-free allowances for travellers Member States which have notified implementing measures: all 77/0388 Sixth VAT Directive Member States which have notified implementing measures: all 248 Greece Greece - 88/0199, not properly applied, reasoned opinion in 1989 - 91/0778, not properly applied, referral in 1994, Case C-94/331 Greece Greece - 92/2233, not properly applied, reasoned opinion in 1995 - 93/2233, not properly applied, reasoned opinion in 1995 Spain , terminated in 1995 - 92/2232, not properly applied, reasoned opinion in 1995 Spain - 92/2073, not properly applied, reasoned opinion in 1994 France - 88/0053, not properly applied, judgment in 1993 - Case C-92/68, Art. 171 letter in 1995 France France France France Ireland Italy - 88/0213, not properly applied, reasoned opinion in 1989 - 91/0706, not properly applied, reasoned opinion in 1994 - 91/0798, not properly applied, reasoned opinion in 1994 - 92/2069, not properly applied, reasoned opinion in 1994 - 88/0200, not properly applied, reasoned opinion in 1989 - 92/2002, not properly applied, referral in 1995 - Case Luxembourg C-95/45 - Luxembourg Netheriands - - terminated in 1995 89/0469, not properly applied, judgment in 1993 - Case C-92/69, 91 /073 8, not properly applied, reasoned opinion in 1994 88/0201, not properly applied, reasoned opinion in 1989 Portugal - 92/2074, not properly applied, reasoned opinion in 1994 - 88/0202, not properly applied, reasoned opinion United Kingdom in 1989 78/1035 Tax exemptions for small consignments Member States which have notified implementing measures: all 79/1070 Mutual assistance - direct taxes and VAT Member States which have notified implementing measures: all 79/1072 Eighth VAT Directive Member States which have notified implementing measures: all 249 Italy - 90/0031, not properly applied, Art. 171 letter in 1993, terminated in 1995 Spain - 91/4161, not properly applied, referral in 1995 - Case C-95/16 Portugal - 90/2253, not properly applied, reasoned opinion in 1994, terminated in 1995 80/0368 Eleventh VAT Directive - French overseas departments Member States which have notified implementing measures: all 83/0181 VAT - final import of goods Member States which have notified implementing measures: all 83/0182 Tax exemptions on temporary import of means of transport Member States which have notified implementing measures: all 83/0183 Tax exemptions on permanent imports of personal property Member States which have notified implementing measures: all 84/0386 Tenth VAT Directive Member States which have notified implementing measures: all 85/0346 VAT - exemption of certain final imports of goods - fuel of utility vehicles Member States which have notified implementing measures: all 85/0576 Tax exemptions for small consignments Member States which have notified implementing measures: all 250 86/0560 13th VAT directive - taxable persons not established in Community territory Member States which have notified implementing measures: all 88/0331 VAT - final import of goods Member States which have notified implementing measures: all 88/0664 Tax-free allowances Member States which have notified implementing measures: all 89/0219 VAT - final import of goods Member States which have notified implementing measures: all 89/0220 Exemptions - combined nomenclature Member States which have notified implementing measures: all 89/0465 18th VAT Directive Member States which have notified implementing measures: all Netheriands - 92/2241, not properly applied, reasoned opinion in 1995 89/0604 Tax exemptions on permanent imports of personal property Member States which have notified implementing measures: all 91/0680 VAT - abolition of tax frontiers Member States which have notified implementing measures: all 251 92/0012 Arrangements for products subject to excise duty Member States which have notified implementing measures: all 92/0077 Approximation of VAT rates Member States which have notified implementing measures: all. Portugal - 93/2024, not properly applied, reasoned opinion in 1994, terminated in 1995 92/0079 Taxes on cigarettes Member States which have notified implementing measures: all 92/0080 Taxes on tobacco Member States which have notified implementing measures: all 92/0081 Excise duty on mineral oils Member States which have notified implementing measures: all 92/0082 Excise duty on mineral oils Member States which have notified implementing measures: all 92/0083 Excise duty on alcohol Member States which have notified implementing measures: all 92/0084 Excise duty on alcohol Member States which have notified implementing measures: all 252 92/0108 Products subject to excise duties - Amendment of Directives 92/12/EEC and 92/81/EEC Member States which have notified implementing measures: all 92/0111 VAT - simplification measures Member States which have notified implementing measures: all. 94/0004 Tax-free allowances for travellers - imports and duty-free purchases Member States which have notified implementing measures: all 94/0005 7th VAT directive - second-hand goods, works of art, collectors' items and antiques Member States which have notified implementing measures: all except P Portugal - 95/0182, no measures notified, Art. 169 letter in 1995 94/0074 Amendment Directives 92/12/EEC, 92/81/EEC and 92/82/EEC Member States which have notified implementing measures: NL - 95/0442, no measures notified, Art. 169 letter in 1995 - 95/0428, no measures notified, Art. 169 letter in 1995 - 95/0493, no measures notified, Art. 169 letter in 1995 Germany Belgium - 95/0412, no measures notified, Art. 169 letter in 1995 Denmark Spain France Greece Ireland Italy Luxembourg - 95/0515, no measures notified, Art. 169 letter in 1995 - 95/0468, no measures notified, Art. 169 letter in 1995 - 95/0534, no measures notified, Art. 169 letter in 1995 - 95/0558, no measures notified, Art. 169 letter in 1995 95/0579, no measures notified, Art. 169 letter in 1995 - Portugal - 95/0622, no measures notified, Art. 169 letter in 1995 United Kingdom - '95/0641, no measures notified, Art. 169 letter in 1995 253 94/0075 Temporary derogation measures / amendment Dir. 94/4/EC (addressee: Germany and Austria) Member States which have notified implementing measures: A and D 94/0076 VAT - measures enlargement context Member States which have notified implementing measures: D, DK, EL, E, IRL, UK Belgium - 95/0243, no measures notified, Art. 169 letter in 1995 - 95/0301, no measures notified, Art. 169 letter in 1995 France Italy - 95/0332, no measures notified, Art. 169 letter in 1995 Luxembourg - 95/0348, no measures notified, Art. 169 letter in 1995 95/0356, no measures notified, Art. 169 letter in 1995 Netheriands - Portugal - 95/0375, no measures notified, Art. 169 letter in 1995 95/0059 Consolidated tobacco directives Member States which have notified implementing measures: no notification required 254 2. CONSUMER PROTECTION AND PRODUCT SAFETY 71/0307 Textile names Member States which have notified implementing measures: all 72/0276 Analysis of textile fibres. Member States which have notified implementing measures: all 73/0044 Analysis of textile fibres Member States which have notified implementing measures: all 76/0768 Cosmetics Member States which have notified implementing measures: all Spain - 87/0371, not properly implemented, - suppl. reasoned opinion in 1992, terminated in 1995 France - 86/0390, not properly implemented - Case C-91/246, Art. 171 letter in 1995 Portugal - 90/0207, not properly implemented,- reasoned opinion in 1992 79/0076 Analysis of textile fibres. Member States which have notified implementing measures: all 79/0581 Indication of the prices of foodstuffs Member States which have notified implementing measures: all 80/1335 Cosmetics Member States which have notified implementing measures: all 255 81/0075 Analysis of textile fibres Member States which have notified implementing measures: all 82/0147 Cosmetics Member States which have notified implementing measures: all 82/0368 Cosmetics Member States which have notified implementing measures: all 82/0434 Cosmetics Member States which have notified implementing measures: all 83/0191 Cosmetics Member States which have notified implementing measures: all 83/0341 Cosmetics Member States which have notified implementing measures: all 83/0496 Cosmetics Member States which have notified implementing measures: all 83/0514 Cosmetics Member States which have notified implementing measures: all 83/0574 Cosmetics Member States which have notified implementing measures: all 256 83/0623 Textile names Member States which have notified implementing measures: all 84/0415 Cosmetics Member States which have notified implementing measures: all 84/0450 Misleading advertising Member States which have notified implementing measures: all 85/0374 Defective products Member States which have notified implementing measures: all except F France - 90/0519, no measures notified, judgment in 1993 - Case C-91/293, Art. 171 reasoned opinion in 1995 United Kingdom - 89/0153, not properly implemented, reasoned opinion in 1990, referral in 1995 85/0391 Cosmetics Member States which have notified implementing measures: all 85/0490 Cosmetics Member States which have notified implementing measures: all 85/0577 Contracts negotiated away from business premises Member States which have notified implementing measures: all Belgium - 91/0212, not properly implemented, reasoned opinion in 1993 France - 91/0017, not properly implemented, reasoned opinion in 1993, terminated in 1995 257 86/0179 Cosmetics Member States which have notified implementing measures: all 86/0199 Cosmetics Member States which have notified implementing measures: all 87/0102 Consumer credit. Member States which have notified implementing measures: all Spain - 90/0567, no measures notified, reasoned opinion in 1992, referral in 1993, Case C-93/390 87/0137 Cosmetics Member States which have notified implementing measures: all 87/0140 Textile names Member States which have notified implementing measures: all 87/0143 Cosmetics Member States which have notified implementing measures: all 87/0184 Analysis of textile fibres Member States which have notified implementing measures: all 87/0357 Dangerous imitations Member States which have notified implementing measures: all 88/0233 Cosmetics Member States which have notified implementing measures: all 258 88/0314 Indication of the prices of non-food products Member States which have notified implementing measures: all 88/0315 Indication of the prices of foodstuffs Member States which have notified implementing measures: all 88/0378 Toy safety Member States which have notified implementing measures: all 88/0667 Cosmetics Member States which have notified implementing measures: all 89/0174 Cosmetics Member States which have notified implementing measures: all 90/0088 Consumer credit Member States which have notified implementing measures: A, B, DK, D, EL, E, FIN, IRL, I, NL, P, L, S, UK Spain - 93/0203, no measures notified, reasoned opinion in 1994, terminated in 1995 France Ireland - 93/0242, no measures notified, reasoned opinion in 1995 - 93/0283, no measures notified, Art. 169 letter in 1993 90/0121 Cosmetics Member States which have notified implementing measures: all 90/0207 Cosmetics Member States which have notified implementing measures: all 259 Portugal - 91/0530, no measures notified, reasoned opinion in 1992, terminated in 1995 90/0314 Package tours Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, FIN, L, NL, P, S, UK, Belgium - 93/0030, no measures notified, reasoned opinion in 1994, Germany terminated in 1994 - 93/0110, no measures notified, reasoned opinion in 1994 terminated in 1994 - Greece Spain - 93/0157, no measures notified, reasoned opinion in 1995 - 93/0196 , no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 93/0279, no measures notified, reasoned opinion in 1995, terminated in 1995 ~- Italy - 93/0315, no measures notified, Art. 169 letter in 1993, terminated in 1995 Luxembourg - 93/0359, no measures notified, reasoned opinion in 1994 - terminated in 1994 91/0184 Cosmetics Member States which have notified implementing measures: all 92/0008 Cosmetics Member States which have notified implementing measures: all 92/0059 General product safety Member States which have notified implementing measures: A, B, DK, FIN, F, I, NL, P, S, UK Germany Spain Greece Ireland - 94/0648, no measures notified, Art. 169 letter in 1994 - 94/0662, no measures notified, Art. 169 letter in 1994 - 94/0700, no measures notified, reasoned opinion in 1995 - 94/0710, no measures notified, Art. 169 letter in 1994 260 Italy - 94/0720, no measures notified, Art. 169 letter in 1994 - Luxembourg terminated in 1995 - 94/0733, no measures notified, reasoned opinion in 1995 Portugal - 94/0752, no measures notified, reasoned opinion in 1995 92/0086 Cosmetics Member States which have notified implementing measures: A, B, DK, D, EL, E, FIN, F, I, IRL, L, NL, S, UK -•* Greece - 93/0706, no measures notified, Art. 169 letter in 1993 - terminated in 1995 " Portugal - 93/0857, no measures notified, reasoned opinion in 1995 93/0013 Unfair contract terms Member States which have notified implementing measures: A, B, DK, EL, FIN, F, IRL, NL, P, S, UK Germany Spain Italy Luxembourg Portugal 95/0045, no measures notified, Art. 169 letter in 1995 95/0079, no measures notified, Art. 169 letter in 1995 95/0130, no measures notified, Art. 169 letter in 1995 - 95/0145, no measures notified, Art. 169 letter in 1995 95/0168, no measures notified, Art. 169 letter in 1995 - terminated in 1995 United Kingdom - 95/0193, no measures notified, Art. 169 letter in 1995 - terminated in 1995 93/0035 Cosmetics Mernber States which have notified implementing measures: DK, NL, L, S Belgium - 95/0393, no measures notified, Art. 169 - 95/0432, no measures notified, Art. 1 Germany - 95/0450, no measures notified, Art. 169 Greece - 95/0476, no measures notified, Art. 1 Spain - 95/0508, no measures notified, Art. 169 France - 95/0522, no measures notified, Art. 169 Ireland - 95/0541, no measures notified, Art. 169 Italy letter in 1995 69 letter in 1995 letter in 1995 69 letter in 1995 letter in 1995 letter in 1995 letter in 1995 261 Netheriands - 95/0587, no measures notified, Art. 169 letter in 1995 Portugal - 95/0603, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0631, no measures notified, Art. 169 letter in 1995 93/0047 Cosmetics Member States which have notified implementing measures: A, B, DK, D, EL, E, FIN, F, I, L, NL, S, UK Germany - 94/0651, no measures notified, Art. 169 letter in 1994 - terminated in 1994 Belgium - 94/0627, no measures notified, Art. 169 letter in 1994 - terminated in 1994 Greece - 94/0697, no measures notified, Art. 169 letter in 1994 - terminated in 1995 Ireland Luxembourg - - 94/0713, no measures notified, Art. 169 letter in 1994 94/0735, no measures notified, Art. 169 letter in 1994 - terminated in 1994 94/0745, no measures notified, Art. 169 letter in 1994 - terminated in 1995 Netheriands - Portugal - 94/0754, no measures notified, Art. 169 letter in 1994 93/0073 Cosmetics Member States which have notified implementing measures: A, DK, D, EL, E, FIN, L, NL, S, UK Belgium - 94/0792, no measures notified, - 94/0846, no measures notified, France - 94/0862, no measures notified, Ireland - 94/0886, no measures notified, Italy Luxembourg Art. 169 letter in 1995 Art. 169 letter in 1995 Art. 169 letter in 1995 Art. 169 letter in 1994 - 94/0908, no measures notified, Art. 169 letter in 1995 - terminated in 1995 Netheriands - 94/0920, no measures notified, Art. 169 letter in 1994 - terminated in 1995 Portugal - 94/0944, no measures notified, Art. 169 letter in 1995 94/0032 262 Cosmetics Member States which have notified implementing measures: A, DK, D, E, F, L, NL, S, FIN, UK Belgium - 95/0405, no measures notified, - 95/0458, no measures notified, Greece - 95/0508, no measures notified, France - 95/0528, no measures notified, Ireland Italy - 95/0551, no measures notified, Portugal - 95/0613, no measures notified, United Kingdom Art. 169 letter in 1995 Art. 169 letter in 1995 Art. 169 letter in 1995 Art 169 letter in 1995 Art. 169 letter in 1995 Art. 169 letter in 1995 - 95/0636, no measures notified, Art. 169 letter in 1995 - terminated in 1995 94/0047 Purchase of right to use immovable properties on a timeshare basis Member States which have notified implementing measures: no 95/0017 Cosmetics Member States which have notified implementing measures: DK 95/0034 Cosmetics Member States which have notified implementing measures: no 263 3. COMPETITION 88/0301 Competition in the markets for telecommunications terminals Member States which have notified implementing measures: all Belgium - 89/0330, not properly applied, reasoned opinion in 1991 90/0388 Competition in the markets for telecommunications services Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P, UK Greece - 91/0352, no measures notified, reasoned opinion, referral in 1994, Case C-94/281 Italy - 94/2004, no measures notified, Art. 169 letter in 1994, (to be terminated in 1996) 93/0084 Transparency of financial relations between Member States and public undertakings Member States which have notified implementing measures: DK, D, E, F, IR, I, L, NL, P, UK Belgium - 93/0030, no measures notified, reasoned opinion in 1994 - 94/0092, no measures notified, Art. 169 letter in 1994, Germany terminated in 1995 Greece Ireland - 94/0102, no measures notified, reasoned opinion in 1994 - 94/0226, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0259, no measures notified, Art. 169 letter in 1994, Luxembourg terminated in 1995 - 94/0293, no measures notified, Art. 169 letter in 1994, terminated in 1995 264 94/0046 Satellite communications Member States which have notified implementing measures: B, DK, D, F, NL, UK. - 95/0463, Art. 169 letter in 1995 - 95/0489, Art. 169 letter in 1995 - 95/0530, Art. 169 letter in 1995 - 95/0553, Art. 169 letter in 1995 Greece Spain Ireland Italy Luxembourg Portugal - 95/0618, Art. 169 letter in 1995 - 95/0576, Art. 169 letter in 1995 4. EMPLOYMENT AND SOCIAL POLICY 64/0221 Public policy and public health Member States which have notified implementing measures: all 68/0360 Movement and residence of workers Member States which have notified implementing measures: all 72/0194 Right to reside in the Member States Member States which have notified implementing measures: all 75/0117 Equal pay for men and women Member States which have notified implementing measures: all Greece - 91/4668, reasoned opinion in 1995 75/0129 Collective redundancies Member States which have notified implementing measures: all 265 United Kingdom - 89/0536, not properly implemented, referral in 1992 - Case C-92/383, judgment in 1994 76/0207 Equal treatment of men and women Member States which have notified implementing measures: B, DK, D, EL, E, IRL, I, L, NL, P, UK. Belgium - 89/0458, not properly applied, judgment in 1993 - Case C-91/173, reasoned opinion (171) in 1995 France - 90/0445, no measures notified, Art. 171 letter in 1990, reasoned opinion (171) in 1995 Greece Italy - 90/2226, not properly applied, reasoned opinion in 1995 - 90/2224, not properly applied, reasoned opinion in 1995 77/0187 Safeguarding of employees' rights in the event of the transfer of firms Member States which have notified implementing measures: all United Kingdom - 89/0537, not properly implemented, referral in 1992 - Case C-92/382, judgment in 1994 78/0610 Health protection of workers - vinyl chloride monomer Member States which have notified implementing measures: all 79/0007 Equal treatment in social security Member States which have notified implementing measures: all Ireland Greece United Kingdom - 89/0024, terminated in 1995 - 91/4668, not properly applied, reasoned opinion in 1995 - 90/0252, not properly applied, terminated in 1995 266 80/0987 Protection of workers - insolvency of employers Member States which have notified implementing measures: all Greece - 86/0116, not properly implemented, Art. 171 letter in 1993 80/1107 Protection of workers against chemicals Member States which have notified implementing measures: all 82/0130 Electrical equipment Member States which have notified implementing measures: all 82/0605 Protection of workers - metallic lead Member States which have notified implementing measures: all 83/0477 Protection of workers - asbestos Member States which have notified implementing measures: all 86/0188 Protection of workers from noise Member States which have notified implementing measures: all 86/0378 Equal treatment of men and women Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK. - 90/0342, terminated in 1995 Belgium - 90/0341, terminated in 1995 Denmark Greece Italy Luxembourg - 90/0345, terminated in 1995 Netheriands - 90/0343, terminated in 1995 - 90/0344, terminated in 1995 91/0134, terminated in 1995 - 267 86/0613 Equal treatment of men and women Member States which have notified implementing measures: all 88/0035 Electrical equipment Member States which have notified implementing measures: all 88/0364 Protection of workers against specific agents Member States which have notified implementing measures: all except A. 88/0642 Protection of workers against chemicals Member States which have notified implementing measures: all 89/0391 Health and safety of workers Member States which have notified implementing measures: B, DK, D, EL, F, I, IRL, L, NL, P, UK. Greece - 93/0163, no measures notified, reasoned opinion in 1994, Spain terminated in 1995 - 93/0208, no measures notified, reasoned opinion in 1994, referral in 1995 Italy - 93/0322, no measures notified, reasoned opinion in 1994, terminated in 1995 89/0622 Labelling of tobacco products Member States which have notified implementing measures: all 89/0654 Health and safety at the workplace Member States which have notified implementing measures: B, D, DK, EL, F, IRL, I, L, NL, P, UK (derogation EL). Spain - 93/0207, no measures notified, referral in 1995 268 Greece Italy Luxembourg - 95/0553, no measures notified, terminated in 1995 - 93/0321, no measures notified, terminated in 1995 - 93/0367, no measures notified, terminated in 1995 89/0655 Health and safety - work equipment Member States which have notified implementing measures: B, DK, D, EL, F, I, IRL, L, NL, P, UK. Spain Greece Italy Luxembourg - 93/0206, no measures notified, referral in 1995 - 93/0546, no measures notified, terminated in 1995 - 93/0571, no measures notified, terminated in 1995 - 93/0366, no measures notified, terminated in 1995 89/0656 Personal protective equipment Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK. Belgium - 93/0035, no measures notified, terminated in 1995 Germany Spain Greece Italy Luxembourg 93/0365, no measures notified, terminated in 1995 - 93/0116, no measures notified, terminated in 1995 - 93/0205, no measures notified, referral in 1995 - 93/0545, no measures notified, terminated in 1995 - 93/0320, no measures notified, terminated in 1995 90/0239 Maximum tar yield of cigarettes Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, P, UK. Netheriands - 92/0447, no measures notified, Art. 169 letter in 1992, terminated in 1995 90/0269 Health and safety of workers Member States which have notified implementing measures: B, DK, D, EL, I, IRL, F, L, NL, P, UK. 269 Spain - 93/0199, no measures notified, reasoned opinion in 1994, referral in 1995 Greece Italy - 93/0160, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, terminated in 1995 - 93/0318, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, terminated in 1995 Luxembourg - 93/0361, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1994, terminated in 1995 90/0270 Health and safety - display screen equipment Member States which have notified implementing measures: B, D, DK, EL, F, IRL, I, L, NL, P, UK. Greece - 93/0159, no measures notified, Art. 169 letter in 1993, terminated in 1995 Spain - 93/0198, no measures notified, Art. 169 letter in 1993, referral in 1995 Italy - 93/0317, no measures notified, Art. 169 letter in 1993, terminated in 1995 Luxembourg- 93/0360, no measures notified, Art. 169 letter in 1993, terminated in 1995 90/0394 Protection of workers - carcinogens Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK. Spain - 93/0195, no measures notified, reasoned opinion in 1994, referral in 1995 Greece - 93/0156, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 93/0314, no measures notified, reasoned opinion in 1994, terminated in 1995 Luxembourg - 93/0358, no measures notified, reasoned opinion in 1994 terminated in 1995 270 90/0679 Risks relating to exposure to biological agents at work Member States which have notified implementing measures: D, DK, EL, F, IRL, I, L, NL, UK (derogation P until 31. 12. 1995) Belgium - 94/0005, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent in 1996 Spain - 94/0133, no measures notified, Art. 169 letter in 1994, r e a s o n ed opinion to be sent in 1996 Luxembourg- Netheriands 94/0266, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0300, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0364, no measures notified, Art. 169 letter in 1994, terminated in 1995 91/0269 Electrical equipment for use in mines susceptible to firedamp Member States which have notified implementing measures: all 91/0322 Protection of workers from risks relating to exposure to chemical, physical and biological agents Member States which have notified implementing measures: B, D, DK, I, IRL, L, NL, FIN, S, UK Greece Spain France Ireland - 94/0505, no measures notified, Art. 169 letter in 1994 - 94/0506, no measures notified, Art. 169 letter in 1994 - 94/0507, no measures notified, Art. 169 letter in 1994 - 94/0508, no measures notified, Art. 169 letter in 1994, terminated in 1995 91/0382 Protection of workers (asbestos) Member States which have notified implementing measures: all 91/0383 Health and safety of temporary workers 271 Member States which have notified implementing measures: DK, E, F, IRL, L, NL, P, UK. Belgium - 93/0023, no measures notified, Art. 169 letter in 1993 Germany - 93/0097, no measures notified, reasoned opinion to be sent in 1996 Greece - 93/0147, no measures notified, reasoned opinion to be sent in 1996 France Italy - 93/0232, no measures notified, terminated in 1995 - 93/0309, no measures notified, reasoned opinion to be sent in 1996 Luxembourg Netheriands - - 93/0348, no measures notified, Art. 169 letter in 1993, terminated in 1995 93/0389, no measures notified, Art. 169 letter in 1993, terminated in 1995 91/0533 Obligation to inform employees of the conditions applicable to the employment relationship Member States which have notified implementing measures: B, D, EL, F, IRL, L, NL, P, UK Belgium - 93/0623, no measures notified, Art. 169 letter in 1993, terminated in 1995 Germany - 93/0670, no measures notified, Art. 169 letter in 1993 Greece - 93/0717, no measures notified, Art. 169 letter in 1993, terminated in 1995 France - 93/0739, no measures notified, Art. 169 letter in 1993, terminated in 1995 terminated in 1995 Italy - 93/0787, no measures notified, Art. 169 letter in 1993, Luxembourg reasoned opinion in 1995 - 93/0813, no measures notified, Art. 169 letter in 1993 terminated in 1995 Portugal - 93/0847, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0029 Health and safety on board ships Member States which have notified implementing measures: E, F, FIN, S. 272 Belgium no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Denmark no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Germany no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Greece no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Ireland no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Italy no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Luxembourg no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Netheriands no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Portugal no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 United Kingdom no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 92/0041 Labelling of tobacco products Member States which have notified implementing measures: B, D, DK, E, EL, F, I, IRL, L, NL, A, P, FIN, S, UK. Germany - 92/0714, no measures notified, Art. 169 letter in 1992, terminated in 1995 France - 92/0791, no measures notified, Art. 169 letter in 1992, terminated in 1995 Luxembourg - 93/0326, no measures notified, Art. 169 letter in 1993, terminated in 1995 Netheriands 92/0890, no measures notified, reasoned opinion in 1994, referral in 1994, terminated in 1995 - 92/0056 Collective redundancies Member States which have notified implementing measures: B, DK, EL, E, I, L, NL. Belgium - 94/0778, no measures notified, terminated in 1995 Denmark - 94/0797, no measures notified, terminated in 1995 273 Germany Greece France - 94/0809, no measures notified, Art. 169 letter in 1995 - 94/0996, no measures notified, terminated in 1995 - 94/0837, no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 - 94/0584, no measures notified, Art. 169 letter in 1995 - 94/0870, no measures notified, terminated in 1995 Ireland Italy Portugal - 94/0926, no measures notified, Art. 169 letter in 1995 United Kingdom - 94/0951, no measures notified, Art. 169 letter in 1995 92/0057 Minimum safety and health requirements at temporary or mobile construction sites Member States which have notified implementing measures: DK, EL, E, F, IRL, L, NL, P, UK Belgium - 94/0013, no measures notified, Art. 169 letter in 1994 reasoned opinion to be sent in 1996 Germany - 94/0074, no measures notified, Art. 169 letter in 1994 Greece reasoned opinion to be sent in 1996 - 94/0123, no measures notified, Art. 169 letter in 1994 terminated in 1995 Spain - 94/0141, no measures notified, Art. 169 letter in 1994 Ireland - 94/0206, no measures notified, Art. 169 letter in 1994 terminated in 1995 terminated in 1995 Italy Luxembourg Netheriands - - 94/0239, no measures notified, Art. 169 letter in 1994 reasoned opinion to be sent in 1996 94/0273, no measures notified, Art. 169 letter in 1994, terminated in 1995 94/0307, no measures notified, Art. 169 letter in 1994, terminated in 1995 - Portugal United Kingdom 94/0372, no measures notified, Art. 169 letter in ft - 94/0338, no measures notified, terminated in 1995 terminated in 1995 92/0058 Safety and/or health signs at work Member States which have notified implementing measures: DK, EL, F, IRL, L, NL, P 274 Belgium - 94/0624, no measures notified, Art. 169 letter in 1994 reasoned opinion to be sent in 1996 Denmark - 94/0636, no measures notified, Art. 169 letter in 1994 terminated in 1995 Germany Spain - 94/0647, no measures notified, Art. 169 letter in 1994 reasoned opinion to be sent in 1996 - 94/0661, no measures notified, Art. 169 letter in 1994 reasoned opinion to be sent in 1996 Greece - 94/0701, no measures notified, Art. 169 letter in 1994 Ireland - 94/0709, no measures notified, Art. 169 letter in 1994 terminated in 1995 terminated in 1995 Italy - 94/0719, no measures notified, Art. 169 letter in 1994 reasoned opinion to be sent in 1996 Luxembourg - 94/0732, no measures notified, Art. 169 letter in 1994 Portugal - 94/0751, no measures notified, Art. 169 letter in 1994 terminated in 1995 terminated in 1995 United Kingdom 94/0769, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent in 1996 92/0085 Safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding Member States which have notified implementing measures: DK, E, IRL, NL, P, UK. Belgium no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Germany no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Greece no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 France no measures notified, Art. 169 letter in 1995 Italy no measures notified, Art. 169 letter in 1995 Luxembourg no measures notified, Art. 169 letter in 1995 Portugal no measures notified, Art. 169 letter to be sent in 1995 terminated in 1995 275 92/0091 Protection of workers in extracting industries by drilling Member States which have notified implementing measures: DK, EL, L, UK Belgium no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Germany no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Greece no measures notified, Art. 169 letter in 1995, terminated in 1995 Spain no measures notified, Art. 169 letter in 1996 reasoned opinion to be sent in 1996 France no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Ireland no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Italy no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Portugal no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Netheriands no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 United Kingdom no measures notified, Art. 169 letter in 1995, terminated in 1995 92/0104 Health and safety of workers in underground and open cast mining industries Member States which have notified implementing measures: DK, L, NL, UK Belgium no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Germany no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Greece no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Spain no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 France no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Ireland no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 Italy no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 276 Portugal no measures notified, Art. 169 letter in 1995 reasoned opinion to be sent in 1996 United Kingdom no measures notified, Art. 169 letter in 1995, terminated in 1995 93/0088 Exposure to biological agents Member States which have notified implementing measures: DK, D, EL, F, IR, I, L, NL, FIN, S, UK (derogation Portugal 31. 12. 95) Belgium - 94/0521, no measures notified, Art. 169 letter in 1994 reasoned opinion to be sent in 1996 Germany - 94/0538, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece - 94/0540, no measures notified, Art. 169 letter in 1994, terminated in 1995 Spain - 94/0554, no measures notified, Art. 169 letter in 1994, reasoned opinion to be sent in 1996 Ireland - 94/0566, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0575, no measures notified, Art. 169 letter in 1994, Luxembourg terminated in 1995 - 94/0580, no measures notified, Art. 169 letter in 1994, terminated in 1995 94/0588, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0604, no measures notified, Art. 169 letter in Netheriands - United Kingdom 1994, terminated in 1995 277 5. AGRICULTURE 64/0432 Health problems - trade in animals Member States which have notified implementing measures: all 64/0433 Health problems - trade in meat Member States which have notified implementing measures: all except FIN Germany - 93/2097, not properly applied, reasoned opinion in 1994 66/0400 Beet seed Member States which have notified implementing measures: all except FIN 66/0401 Fodder-plant seed Member States which have notified implementing measures: all except FIN 66/0402 Cereal seed Member States which have notified implementing measures: all except FIN 66/0403 Seed potatoes Member States which have notified implementing measures: all except FIN 66/0404 Forest reproductive material Member States which have notified implementing measures: all except A 66/0600 Health problems - trade in animals Member States which have notified implementing measures: all 278 68/0089 Classification of wood in the rough Member States which have notified implementing measures: all except A 68/0193 Material for the propagation of vines Member States which have notified implementing measures: all except A 69/0060 Cereal seed Member States which have notified implementing measures: all except FIN 69/0061 Beet seed Member States which have notified implementing measures: all except FIN 69/0062 Seed potatoes Member States which have notified implementing measures: all except FIN and A 69/0063 Fodder-plant seed Member States which have notified implementing measures: all except FIN and A 69/0064 Reproductive material Member States which have notified implementing measures: all except A 69/0208 Seed of oil and fibre plants Member States which have notified implementing measures: all except FIN 279 69/0464 Control of potato wart disease Member States which have notified implementing measures: all except FIN and A 69/0465 Control of potato cyst eelworm Member States which have notified implementing measures: all except FIN and A 69/0466 Control of San José scale Member States which have notified implementing measures: all except A 70/0373 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 70/0457 Common catalogue of varieties of plant species Member States which have notified implementing measures: all except A and FIN 70/0458 Vegetable seed Member States which have notified implementing measures: all except FIN 70/0524 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN 71/0118 Health problems - trade in poultrymeat Member States which have notified implementing measures: all except FIN 280 71/0140 Material for the propagation of vines except A Member States which have notified implementing measures: all except A 71/0161 Forest reproductive material Member States which have notified implementing measures: all except A and S 71/0162 Seed Member States which have notified implementing measures: all except FIN 71/0250 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 71/0285 Health problems - trade in animals Member States which have notified implementing measures: all except S 71/0393 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 72/0168 Vegetable varieties Member States which have notified implementing measures: all except A and FIN 72/0169 Vine varieties Member States which have notified implementing measures: all except A 281 72/0180 Agricultural varieties Member States which have notified implementing measures: all except A and FIN 72/0199 Feedingstuffs - official controls Member States which have notified implementing measures: all except FIN 72/0274 Seed Member States which have notified implementing measures: all except FIN 72/0275 Feedingstuffs - official control Member States which have notified implementing measures: all except S and FIN 72/0418 Seed Member States which have notified implementing measures: all except FIN 72/0445 Health problems - trade in live animals Member States which have notified implementing measures: all 72/0461 Health problems - trade in meat Member States which have notified implementing measures: all except FIN 72/0462 Health problems - animals and meat from non-member countries Member States which have notified implementing measures: all 282 73/0046 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 73/0047 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN and S 73/0150 Health problems - trade in live animals Member States which have notified implementing measures: all 73/0438 Seed Member States which have notified implementing measures: all except FIN 74/0013 Forest reproductive material Member States which have notified implementing measures: all except A and S 74/0063 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 74/0203 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 74/0268 Fodder-plant and cereal seed Member States which have notified implementing measures: all except FIN 283 74/0647 Control of carnation leaf-rollers Member States which have notified implementing measures: all except A 74/0648 Material for the propagation of vines Member States which have notified implementing measures: all except A 74/0649 Material for the propagation of vines Member States which have notified implementing measures: all except A 75/0084 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 75/0444 Seed Member States which have notified implementing measures: all except FIN 75/0445 Forest reproductive material Member States which have notified implementing measures: all except A 75/0502 Meadowgrass seed Member States which have notified implementing measures: all except FIN 76/0014 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 76/0331 Beet seed Member States which have notified implementing measures: all except FIN 284 76/0371 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 76/0372 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 76/0895 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all except FIN 76/0934 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 77/0093 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 77/0096 Health problems - import of meat Member States which have notified implementing measures: all except S 77/0098 Health problems - trade in animals Member States which have notified implementing measures: all except FIN 77/0099 Health problems - meat products Member States which have notified implementing measures: all except FIN 77/0101 Straight feedingstuffs Member States which have notified implementing measures: all except FIN 285 77/0391 Eradication of brucellosis Member States which have notified implementing measures: all 77/0504 Pure-bred cattle for breeding Member States which have notified implementing measures: all except A Ireland - 88/0449, not properly applied, referral in 1991, judgment in 1992, terminated in 1995 77/0629 Material for the propagation of vines Member States which have notified implementing measures: all except A 78/0052 Eradication of brucellosis Member States which have notified implementing measures: all 78/0055 Seed Member States which have notified implementing measures: all except FIN 78/0386 Fodder-plant seed Member States which have notified implementing measures: all except FIN 78/0387 Cereal seed Member States which have notified implementing measures: all except FIN 78/0388 Seed of oil and fibre plants Member States which have notified implementing measures: all except FIN 286 78/0511 Fodder-plant and cereal seed Member States which have notified implementing measures: all except FIN 78/0633 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 78/0692 Seed Member States which have notified implementing measures: all except FIN 78/0816 Seed potatoes Member States which have notified implementing measures: all except A and FIN 78/1020 Seed Member States which have notified implementing measures: all except FIN 79/0109 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 79/0111 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 79/0117 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 79/0372 Straight feedingstuffs Member States which have notified implementing measures: all except FIN 287 79/0373 Compound feedingstuffs Member States which have notified implementing measures: all except FIN 79/0641 Seed Member States which have notified implementing measures: all except FIN 79/0692 Seed Member States which have notified implementing measures: all except FIN 79/0700 Pesticides in fruit and vegetables - official control Member States which have notified implementing measures: all except FIN 79/0797 Feedingstuffs Member States which have notified implementing measures: all except FIN 79/967 Seed Member States which have notified implementing measures: all except A and FIN 80/0213 Health problems - trade in meat Member States which have notified implementing measures: all except FIN 80/0215 Health problems - meat products Member States which have notified implementing measures: all except FIN 80/0217 Control of classical swine fever Member States which have notified implementing measures: all 288 80/0219 Health problems - trade in animals - tuberculosis Member States which have notified implementing measures: all 80/0304 Seed of oil and fibre plants Member States which have notified implementing measures: all except FIN 80/0392 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 80/0428 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all except FIN 80/0502 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 80/0510 Straight feedingstuffs Member States which have notified implementing measures: all except FIN 80/0511 Compound feedingstuffs in packages Member States which have notified implementing measures: all except FIN 80/0695 Compound feedingstuffs Member States which have notified implementing measures: all except FIN 80/0754 Fodder-plant seed Member States which have notified implementing measures: all except FIN 289 80/1095 Control of classical swine fever Member States which have notified implementing measures: all 80/1098 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all 80/1099 Health problems - trade in meat - classical swine fever Member States which have notified implementing measures: all except FIN 80/1100 Health problems - meat products - classical swine fever Member States which have notified implementing measures: all except FIN and S 80/1101 Control of classical swine fever Member States which have notified implementing measures: all 80/1274 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all 81/0006 Eradication of brucellosis Member States which have notified implementing measures: all 81/0007 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 81/0036 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all except FIN 290 81/0126 Seed Member States which have notified implementing measures: all except FIN 81/0602 Ban on hormones Member States which have notified implementing measures: all 81/0680 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 81/0715 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 82/0287 Seed Member States which have notified implementing measures: all except FIN 82/0331 Material for the propagation of vines Member States which have notified implementing measures: all except A 82/0471 Feedingstuffs Member States which have notified implementing measures: all except FIN 82/0475 Labelling of compound feedingstuffs for pet animals Member States which have notified implementing measures: all except FIN 82/0528 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all except FIN 291 82/0859 Seed of oil and fibre plants Member States which have notified implementing measures: all except FIN 82/0894 Notification of animal diseases Member States which have notified implementing measures: all 82/0937 Straight feedingstuffs Member States which have notified implementing measures: all except FIN 83/0091 Health problems - trade in animals and meat Member States which have notified implementing measures: all except FIN and S 83/0116 Fodder-plant seed and seed of oil and fibre plants Member States which have notified implementing measures: all except A and FIN 83/0131 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 83/0201 Health problems - products containing a small percentage of meat Member States which have notified implementing measures: all except FIN 83/0228 Feedingstuffs Member States which have notified implementing measures: all except FIN 292 83/0381 Feedingstuffs Member States which have notified implementing measures: all except FIN 84/0004 Feedingstuffs - official control Member States which have notified implementing measures: all except S and FIN 84/0319 Health problems - import of meat - trichinae Member States which have notified implementing measures: all except S 84/0425 Feedingstuffs - official control Member States which have notified implementing measures: all except FIN 84/0443 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN 84/0587 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN 84/0643 Health problems - trade in animals - foot-and-mouth disease Member States which have notified implementing measures: all except FIN 84/0644 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 84/0645 Control of classical swine fever Member States which have notified implementing measures: all 293 85/0038 Fodder-plant seed Member States which have notified implementing measures: all except FIN 85/0073 Financing of health inspections of fresh meat Member States which have notified implementing measures: all except A, S and FIN 85/0298 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 85/0320 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all 85/0321 Health problems - meat products - classical swine fever Member States which have notified implementing measures: all except FIN 85/0322 Health problems - trade in meat - classical swine fever Member States which have notified implementing measures: all except FIN and S 85/0358 Ban on hormones Member States which have notified implementing measures: all 85/0509 Feedingstuffs Member States which have notified implementing measures: all except FIN 85/0511 Control of foot-and-mouth disease Member States which have notified implementing measures: all except FIN 294 85/0574 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 85/0586 Health problems - trade in animals and meat Member States which have notified implementing measures: all except FIN 86/0109 Certified seed Member States which have notified implementing measures: all except FIN 86/0155 Seed Member States which have notified implementing measures: all except A and FIN 86/0174 Compound feedingstuffs for poultry Member States which have notified implementing measures: all except FIN 86/0214 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 86/0267 Vine varieties Member States which have notified implementing measures: all except A 86/0299 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 86/0320 Cereal seed Member States which have notified implementing measures: all except FIN 295 86/0354 Compound feedingstuffs Member States which have notified implementing measures: all except FIN 86/0355 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 86/0362 Pesticide residues in cereals Member States which have notified implementing measures: all except FIN 86/0363 Pesticide residues in foodstuffs of animal origin Member States which have notified implementing measures: all except FIN 86/0469 Examination of meat for the presence of residues Member States which have notified implementing measures: all except FIN 86/0530 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN 86/0651 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 87/0120 Seeds and propagating materials Member States which have notified implementing measures: all except FIN 87/0153 Feedingstuffs - additives Member States which have notified implementing measures: all except A and FIN 296 87/0181 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 87/0234 Straight feedingstuffs Member States which have notified implementing measures: all except FIN 87/0238 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 87/0298 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 87/0328 Cattle for breeding Member States which have notified implementing measures: all except A Netheriands - 89/0500, no measures notified, judgment in 1993 - in 1994, Case C-92/303, Art. 171 terminated in 1995 letter 87/0477 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 87/0480 Seed Member States which have notified implementing measures: all except FIN 87/0481 Vegetable seed Member States which have notified implementing measures: all except FIN and A 297 87/0486 Control of classical swine fever Member States which have notified implementing measures: all 87/0487 Classical swine fever Member States which have notified implementing measures: all 87/0489 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all except FIN 87/0491 Health problems - meat products Member States which have notified implementing measures: all except FIN and S 88/0095 Beet seed Member States which have notified implementing measures: all except FIN 88/0146 Ban on hormones Member States which have notified implementing measures: all except FIN 88/0166 Protection of laying hens kept in battery cages Member States which have notified implementing measures: all except FIN and A 88/0289 Health problems - animals and meat from non-member countries Member States which have notified implementing measures: all except FIN and S 298 88/0298 Pesticides in fruit and vegetables and cereals Member States which have notified implementing measures: all except FIN 88/0299 Meat and animals from non-member countries Member States which have notified implementing measures: all except FIN 88/0380 Seed Member States which have notified implementing measures: all except FIN 88/0406 Health problems - trade in animals - enzootic bovine leucosis Member States which have notified implementing measures: all 88/0407 Bovine semen Member States which have notified implementing measures: all 88/0409 Fees for the inspection of meat Member States which have notified implementing measures: all except A, S and FIN 88/0485 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN 88/0572 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 88/0657 Health problems - trade in minced meat Member States which have notified implementing measures: all except A and FIN 299 88/0660 Health problems - meat products Member States which have notified implementing measures: all except FIN 88/0661 Pigs for breeding Member States which have notified implementing measures: all except A 89/0002 Cereal seed Member States which have notified implementing measures: all except FIN 89/0014 Vegetable seed Member States which have notified implementing measures: all except FIN and A 89/0100 Fodder-plant seed Member States which have notified implementing measures: all except FIN 89/0186 Pesticide residues in fruit and vegetables Member States which have notified implementing measures: all except FIN 89/0227 Health problems - meat products - non-member countries Member States which have notified implementing measures: all except FIN 89/0321 Health problems - import of meat Member States which have notified implementing measures: all except S 89/0360 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 300 89/0361 Sheep and goats for breeding Member States which have notified implementing measures: all except A Netheriands - 91/0464, no measures notified, judgment in 1993, Case C-92/303, Art. 171 letter in 1994, terminated in 1995 89/0362 Hygiene in milk production holdings Member States which have notified implementing measures: all except FIN 89/0365 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 89/0384 Health problems - trade in milk Member States which have notified implementing measures: all except FIN 89/0424 Seed Member States which have notified implementing measures: all except FIN 89/0437 Health problems - eggs Member States which have notified implementing measures: all except FIN and A 89/0439 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 89/0520 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN 301 89/0556 Embryos of bovine animals Member States which have notified implementing measures: all 89/0608 Mutual assistance - veterinary and zootechnical legislation Member States which have notified implementing measures: all 89/0662 Veterinary checks in intra-Community trade Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK, A, S. Ireland - 92/0794, no measures notified, referral in 1994, Case C-94/162, judgment in 1995 90/0044 Compound feedingstuffs Member States which have notified implementing measures: all except FIN 90/0118 Pure-bred breeding pigs Member States which have notified implementing measures: all except A 90/0119 Hybrid breeding pigs Member States which have notified implementing measures: all except A 90/0120 Bovine semen Member States which have notified implementing measures: all except FIN 90/0167 Medicated feedingstuffs Member States which have notified implementing measures: all except FIN 302 Belgium - 92/0041, no measures notified, referral in 1994, Case C- 94/065, judgment in 1994, terminated in 1995 Germany - 92/0115, no measures notified, reasoned opinion in 1994, terminated in 1995 Spain - 92/0161, no measures notified, referral in 1994, Case C- 94/094, judgment in 1994 (to be terminated in 1996) 90/0168 Organisms harmful to plants Member States which have notified implementing measures: all except FIN 90/0335 Plant protection products Member States which have notified implementing measures: all except FIN 90/0422 Health problems - trade in animals - bovine leucosis Member States which have notified implementing measures: all. 90/0423 Control of foot-and-mouth disease Member States which have notified implementing measures: all 90/0425 Veterinary checks in intra-Community trade Member States which have notified implementing measures: B, DK, D, EL, E, F, I, NL, L, P, UK, A, S. Ireland - 92/0799, no measures notified, reasoned opinion in 1993, referral in 1994, Netheriands Case C-94/161, judgment in 1995 - 92/0879, no measures notified, reasoned opinion in 1993, terminated in 1995 303 90/0426 Animal health conditions governing the movement of equidae Member States which have notified implementing measures: all 90/0427 Zootechnical conditions governing trade in equidae Member States which have notified implementing measures: all except A Netheriands - 92/0452, no measures notified, reasoned opinion in 1993, terminated in 1995 90/0428 Trade in equidae for competitions Member States which have notified implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, UK, FIN. Germany - 92/0121, no measures notified, reasoned opinion in 1993 90/0429 Health problems - porcine semen Member States which have notified implementing measures: all 90/0439 Products used in feedingstuffs Member States which have notified implementing measures: all except FIN 90/0533 Plant protection products Member States which have notified implementing measures: all except FIN 90/0539 Health problems - poultry and hatching eggs Member States which have notified implementing measures: all 304 90/0642 Pesticide residues in products of plant origin Member States which have notified implementing measures: all except FIN Germany - 94/0066, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 94/0129, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 94/0198, no measures notified, Art. 169 letter in 1994, Luxembourg 1994, terminated in 1995 - 94/0265, no measures notified, reasoned opinion h terminated in 1995 United Kingdom - 94/0363, no measures notified, Art. 169 letter in 1994, terminated in 1995 90/0667 Processing of animal waste Member States which have notified implementing measures: B, DK, D, EL, E, F, I, IRL, L, P, UK, S. Netheriands - 92/0456, no measures notified, Case C-94/093, judgment in 1995, Art. 171 letter in 1995 90/0675 Veterinary checks for products from non-member countries Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK, S, A. Ireland - 92/0801, no measures notified, reasoned opinion in 1993, referral in 1994, Case C-94/132, judgment in 1995 91/0067 Aquaculture products Member States which have notified implementing measures: B, D, DK, EL, E, F, I, L, NL, P, UK, A, S, FIN N Germany - 93/0105, no measures notified, referral in 1995, Case C-95/086, withdrawn in 1995 305 Spain - 93/0192, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/0154, no measures notified, reasoned opinion in 1994, France terminated in 1995 - 93/0238, no measures notified, referral in 1995, Case C-95/017, withdrawn in 1995 Ireland - 93/0275, no measures notified, referral in 1995, Case C-95/325 Portugal - 93/0437, no measures notified, referral in 1995, Case C-95/125, withdrawn in 1995 91/0068 Health problems - trade in sheep Member States which have notified implementing measures: all Denmark - 93/0065, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/0153, no measures notified, reasoned opinion in 1994, terminated in 1995 91/0069 Health problems - trade in sheep Member States which have notified implementing measures: all except FIN and S Denmark - 93/0064, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/0152, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0236, no measures notified, reasoned opinion in 1994, terminated in 1995 91/0126 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 306 91/0132 Feedingstuffs - undesirable substances Member States which have notified implementing measures: all except FIN 91/0174 Marketing of pure-bred animals Member States which have notified implementing measures: all except A Ireland - 92/0313, no measures notified, reasoned opinion in 1994, terminated in 1995 Netheriands - 92/0458, no measures notified, reasoned opinion in 1993, terminated in 1995 91/0188 Plant protection products containing certain active substances Member States which have notified implementing measures: all except FIN 91/0248 Feedingstuffs - additives Member States which have notified implementing measures: all except A and FIN 91/0249 Feedingstuffs - additives Member States which have notified implementing measures: all except A and FIN 91/0266 Health problems - trade in animals and meat Member States which have notified implementing measures: all except FIN 91/0334 Compound feedingstuffs for pet animals Member States which have notified implementing measures: all except FIN 307 91/0336 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN 91/0357 Compound feedingstuffs Member States which have notified implementing measures: all except FIN 91/0414 Placing of plant protection products on the market Member States which have notified implementing measures: B, DK, E,F, IRL, I, L, NL, P, UK, S. Denmark - 93/0902, no measures notified, Art. 169 letter in 1993, terminated in 1995 Germany - 93/0906, no measures notified, reasoned opinion in 1994 Greece - 93/0914, no measures notified, referral in 1995, Case C-95/380 Spain - 93/0919, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0922, no measures notified, Art. 169 letter in 1993, terminated in 1995 Ireland - 93/0933, no measures notified, Art. 169 letter in 1993, terminated in 1995 Italy - 93/0928, no measures notified, reasoned opinion in 1994, terminated in 1995 Luxembourg - 93/0941, no measures notified, reasoned opinion Netheriands in 1994, terminated in 1995 - 93/0938, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0945, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 93/0951, no measures notified, Art. 169 letter in 1993, terminated in 1995 308 91/0492 Live bivalve molluscs Member States which have notified implementing measures: B, D, DK, EL, E, F, I, L, NL, P, UK, S Greece - 93/0145, no measures notified, reasoned opinion in 1994 Ireland terminated in 1995 - 93/0266, no measures notified, referral in 1995, Case C-95/325 Portugal - 93/0429, no measures notified, referral in 1995, Case C-95/125, withdrawn in 1995 91/0493 Fishery products Member States which have notified implementing measures: B, D, DK, EL, E, I, F, L, NL, P, UK, S Greece - 93/0144, no measures notified, reasoned opinion in 1994, Ireland terminated in 1995 - 93/0265, no measures notified, referral in 1995, Case C-95/325 Portugal - 93/0428, no measures notified, referral in 1995, Case C-95/125, withdrawn in 1995 91/0494 Health problems - import of poultrymeat Member States which have notified implementing measures: all except FIN 91/0495 Rabbit meat and farmed game meat Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, I, L, NL, P, S, A. Germany - 93/0093, no measures notified, referral in 1995, Case C-95/086, withdrawn in 1995 Greece - 93/0143, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0230, no measures notified, reasoned opinion in 1994, terminated in 1995 309 Ireland - 93/0264, no measures notified, referral in 1995, Case C-95/324 United Kingdom - 93/0473, no measures notified, referral in 1995, Case C-95/306 91/0496 Veterinary checks for animals from non-member countries Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, P, NL, UK, A, S, FIN. Ireland - 92/0808, no measures notified, referral in 1994, Case C-94/138, judgment in 1995 91/0497 Fresh meat Member States which have notified implementing measures: all except FIN - 93/0092, no measures notified, referral in 1995, Case Germany C-95/086, withdrawn in 1995 Greece - 93/0142, no measures notified, reasoned opinion in 1994 terminated in 1995 Portugal - 93/0426, no measures notified, reasoned opinion in 1994, terminated in 1995 91/0499 Health problems - trade in animals - brucellosis Member States which have notified implementing measures: all 91/0508 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN 91/0628 Protection of animals during transport Member States which have notified implementing measures: B, D, DK, EL, E, IRL, I, L, NL, P, UK, A 310 Germany - 93/0091, no measures notified, referral in 1995, Case C-95/101, withdrawn in 1995 Greece - 93/0141, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0229, no measures notified, referral in 1995, Case C-95/017, judgment in 1995 Ireland - 93/0263, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0425, no measures notified, reasoned opinion in 1994, terminated in 1995 91/0629 Protection of calves Member States which have notified implementing measures: all except FIN and A Belgium - 94/0006, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 94/0127, no measures notified, reasoned opinion in 1994, terminated in 1995 Spain - 93/0134, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0200, no measures notified, reasoned opinion in 1994, terminated in 1995 Netheriands - United Kingdom 94/0301, no measures notified, reasoned opinion in 1994, terminated in 1995 - 94/0365, no measures notified, Art. 169 letter in 1994, terminated in 1995 91/0630 Protection of pigs Member States which have notified implementing measures: all except FIN and A Belgium - 94/0007, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 94/0126, no measures notified, reasoned opinion in 1994, terminated in 1995 Spain - 94/0135, no measures notified, Art. 169 letter in 1994, terminated in 1995 311 Ireland - 94/0201, no measures notified, reasoned opinion in 1994, terminated in 1995 Netheriands - 94/0302, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 94/0333, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0366, no measures notified, Art. 169 letter in 1994, terminated in 1995 91/0682 Material for the propagation of ornamental plants Member States which have notified implementing measures: all except FIN, A and S Greece - 93/0168, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0226, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 93/0261, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 93/0468, no measures notified, reasoned opinion in 1995 (to be terminated in 1996) 91/0683 Organisms harmful to plants Member States which have notified implementing measures: all except FIN Belgium - 93/0625, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/0715, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0849, no measures notified, reasoned opinion in 1994, terminated in 1995 91/0684 Health problems - egg products Member States which have notified implementing measures: all except FIN and A 312 91/0685 Control of classical swine fever Member States which have notified implementing measures: B, DK, D, E, EL, F, IRL, L, NL, P, UK, A, S, FIN. Greece - 92/0726, no measures notified, reasoned opinion in 1993, terminated in 1995 Italy - 92/0834, no measures notified, referral in 1993, Case C-94/257, judgment in 1995 91/0687 Health problems - trade in animals - classical swine fever Member States which have notified implementing measures: all except FIN Belgium - no measures notified, Case C-94/066, judgment in 1995, Art. 171 letter in 1995, terminated in 1995 91/0688 Health problems - import of animals and meat Member States which have notified implementing measures: DK, D, EL, E, F, IRL, I, L, NL, P, UK, S, A. Belgium - 92/0671, no measures notified, Case C-94/066, judgment in 1995, Art. 171 letter in 1995 92/0005 Health problems - meat products Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, P, UK, A, S. Germany - 93/0087, no measures notified, referral in 1995, Case C-95/086, withdrawn in 1995 Greece - 93/0137, no measures notified, referral in 1995, Case C-95/304 Ireland - 93/0260, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 93/0467, no measures notified, reasoned opinion in 1994, terminated in 1995 313 92/0009 Seed of oil and fibre plants Member States which have notified implementing measures: all except FIN and A 92/0019 Fodder-plant seed Member States which have notified implementing measures: all except FIN 92/0033 Vegetable propagating material Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK, S. Greece - 93/0129, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 93/0297, no measures notified, referral in 1995, Case C-95/118, judgment in 1995 United Kingdom - 93/0460, no measures notified, reasoned opinion in 1995 (to be terminated in 1996) 92/0034 Fruit-plant propagating material Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK, S. Greece - 93/0128, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0214, no measures notified, reasoned opinion in 1993, terminated in 1995 Italy - 93/0296, no measures notified, referral in 1995, Case C-95/118, judgment in 1995 Ireland - 93/0253, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 93/0459, no measures notified, reasoned opinion in 1995 (to be terminated in 1996) 314 92/0035 Control of African horse sickness Member States which have notified implementing measures: B, D, DK, EL, E, IRL, L, P, NL, UK, A, S. France - 93/0213, no measures notified, referral in 1995, Case C-95/017, judgment in 1995 Ireland - 93/0252, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 93/0295, no measures notified, referral in 1995, Case C-95/117 92/0036 African horse sickness Member States which have notified implementing measures: all 92/0040 Avian influenza Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, L, NL, P, A, S. Belgium - 93/0006, no measures notified, referral in 1995, Case C-95/014, withdrawn in 1995 Germany - 93/0074, no measures notified, referral in 1995, Case C-95/086, withdrawn in 1995 Greece Italy - 93/0124, no measures notified, terminated in 1995 - 93/0292, no measures notified, referral in 1995, Case C-95/117 United Kingdom - 93/0456, no measures notified, referral in 1995, Case C-95/306 92/0045 Wild-game meat Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, L, NL, A, S. Belgium - 94/0010, no measures notified, reasoned opinion in 1994, terminated in 1995 315 Denmark - 94/0040, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 94/0122, no measures notified, reasoned opinion in 1994, terminated in 1995 Spain - 94/0138, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0171, no measures notified, referral in 1995, Case C-95/256, withdrawn in 1995 Ireland - 94/0203, no measures notified, referral in 1995, Case C-95/319 Italy - 94/0236, no measures notified, referral in 1995, Case Netheriands C-95/314 - 94/0304, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 94/0336, no measures notified, reasoned opinion in 1994 - 94/0369, no measures notified, reasoned opinion United Kingdom in 1994 92/0046 Milk products Member States which have notified implementing measures: B, DK, D, EL,E, F, L, NL, P, UK, A, S. Denmark - 94/0041, no measures notified, reasoned opinion in 1994, terminated in 1995 Germany - 94/0072, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 94/0121, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0172, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 94/0204, no measures notified, referral in 1995, Case C-95/319 Italy - 94/0237, no measures notified, referral in 1995, Case C-95/314 United Kingdom - 94/0370, no measures notified, reasoned opinion in 1994, terminated in 1995 316 92/0048 Hygiene rules applicable to fishery products Member States which have notified implementing measures: B, D, DK, EL, E, F, L, NL, P, UK, A, S Belgium - 93/0003, no measures notified, referral in 1995, Case C-95/014, withdrawn in 1995 Greece - 93/0121, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 93/0247, no measures notified, referral in 1995, Case C-95/325 Italy - 93/0290, no measures notified, referral in 1995, Case C-95/116 Portugal - 93/0406, no measures notified, referral in 1995, Case C-95/0125, withdrawn in 1995 92/0060 Veterinary and zootechnical checks in intra-Community trade Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK, FIN, S, A. France - 94/0445, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0456, no measures notified, Art. 169 letter in 1994 92/0063 Undesirable substances and products in animal nutrition Member States which have notified implementing measures: all except FIN Greece - 93/0542, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 93/0572, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0590, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0064 Feedingstuffs - additives Member States which have notified implementing measures: all except FIN 317 Luxembourg - 93/0579, no measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/0591, no measures notified, reasoned opinion in 1994 terminated in 1995 92/0065 Semen, ova and embryos not subject to Directive 90/425/EEC Member States which have notified implementing measures: B, D, DK, E, F, L, NL, P, UK, A, S. Denmark - 94/0044, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 94/0120, no measures notified, reasoned opinion in 1994 Ireland - 94/0207, no measures notified, referral in 1995, Case C-95/319 Italy - 94/0240, no measures notified, referral in 1995, Case Netheriands C-95/314 - 94/0308, no measures notified, reasoned opinion in 1994 terminated in 1995 Portugal - 94/0339, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0066 Control of Newcastle disease Member States which have notified implementing measures: B, D, DK, E, F, IRL, L, NL, P, A, S. Belgium - 93/0972, no measures notified, reasoned opinion in 1994, Germany terminated in 1995 - 93/0990, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/1026, no measures notified, reasoned opinion in 1994 , France - 93/1013, no measures notified, Art. 169 letter in 1993, terminated in 1995 Ireland - 93/1033, no measures notified, Art. 169 letter in 1993, terminated in 1995 Italy - 93/1046, no measures notified, referral in 1995, Case C-95/313 318 United Kingdom - 93/1088, no measures notified, reasoned opinion in 1994 92/0067 Veterinary checks in intra-Community trade Member States which have notified implementing measures: B, DK, D, EL, E, F, I, L, NL, P, UK, A, S. France - 94/0447, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0457, no measures notified, Art. 169 letter in 1994 92/0070 Recognition of protected zones Member States which have notified implementing measures: all except A and FIN Greece - 93/0911, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0925, no measures notified, reasoned opinion in 1994 terminated in 1995 Luxembourg - 93/0942, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0076 Protected zones exposed to particular plant health risks Member States which have notified implementing measures: all except FIN and A Greece - 93/0707, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0856, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0087 Preparation of compound feedingstuffs intended for animals other than pets Member States which have notified implementing measures: all except FIN Belgium - 93/0515, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/0534, no measures notified, reasoned opinion in 1994, terminated in 1995 319 Italy - 93/0574, no measures notified, reasoned opinion in 1994, terminated in 1995 Luxembourg - 93/0580, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0592, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0088 Undesirable substances and products in animal nutrition Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, P, UK, A, S. Germany - 94/0078, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 94/0117, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0178, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 94/0243, no measures notified, referral in 1995, Case C-95/314 Portugal - 94/0342, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0089 Community methods of analysis for the official control of feedingstuffs Member States which have notified implementing measures: all except FIN Denmark - 93/0984, no measures notified, Art. 169 letter in 1993, terminated in 1995 Spain - 93/1001, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 93/1035, no measures notified, Art. 169 letter in 1993, terminated in 1995 Italy - 93/1048, no. measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/1078, no measures notified, reasoned opinion in 1994 (to be terminated in 1996) United Kingdom - 93/1090, no measures notified, Art. 169 letter in 1993, terminated in 1995 320 92/0090 Producers and importers of plants Member States which have notified implementing measures: all except FIN Belgium - 93/0631, no measures notified, reasoned opinion in 1994, Germany terminated in 1995 - 93/0680, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/0705, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0095 Community methods of analysis for the official control of feedingstuffs Member States which have notified implementing measures: all except FIN Denmark - 93/0985, no measures notified, Art. 169 letter in 1993, terminated in 1995 Spain - 93/1002, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/1079, no measures notified, reasoned opinion in 1994 (to be terminated in 1996) United Kingdom - 93/1091, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0098 Organisms harmful to plants Member States which have notified implementing measures: all except FIN Belgium - 93/0633, no measures notified, reasoned opinion in 1994, Germany terminated in 1995 - 93/0682, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece - 93/0704, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0860, no measures notified, reasoned opinion in 1994, terminated in 1995 321 92/0102 Identification and registration of animals Member States which have notified implementing measures: DK, D, EL, F, L, P, NL, A, S. Belgium - 95/0015, no measures notified, Art. 169 letter in 1995 (**) - 95/0043, no measures notified, Art. 169 letter in 1995, Germany terminated in 1995 Greece - 94/0115, no measures notified, reasoned opinion in 1994 (*) terminated in 1995 95/0057, no measures notified, Art. 169 letter in 1995, terminated in 1995 (**) - 95/0077, no measures notified, Art. 169 letter in 1995 Spain France - 95/0093, no measures notified, Art. 169 letter in 1995, terminated in 1995 (**) Ireland - 94/0212, no measures notified, reasoned opinion in 1994 (*) 95/0111, no measures notified, Art. 169 letter 1995 (**) in (*) Cattle and pigs (**) Sheep and goats Luxembourg Italy - 94/0245, no measures notified, reasoned opinion in 1994 (*) 95/0128, no measures notified, Art. 169 letter in 1995 (**) 95/0144, no measures notified, Art. 169 letter in 1995, terminated in 1995 (**) - 94/0377, no measures notified, reasoned opinion United Kingdom - in 1994, terminated in 1995 (**) 95/0191, no measures notified, Art. 169 letter in 1995 (*) Cattle and pigs (**) Sheep and goats 92/0103 Organisms harmful to plants Member States which have notified implementing measures: all except FIN Greece - 93/0702, no measures notified, reasoned opinion in 1994, terminated in 1995 322 Portugal - 93/0861, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0105 Plant passports Member States which have notified implementing measures: all except A and FIN Greece - 93/0699, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0107 Oil and fibre plants Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, L, NL, UK, S. Greece - 94/0994, no measures notified, Art. 169 letter in 1995, terminated in 1995 Ireland - 94/0864, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy - 94/0872, no measures notified, Art. 169 letter in 1995 Portugal - 94/0928, no measures notified, Art. 169 letter in 1995 92/0110 Minced meat Member States which have notified implementing measures: B, DK, D, E, F, IRL, NL, P, S. Germany - 94/0080, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece Italy Luxembourg - 94/0114, no measures notified, reasoned opinion in 1994 - 94/0246, no measures notified, reasoned opinion in 1994 94/0280, no measures notified, reasoned opinion in 1994 - Portugal - 94/0345, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 94/0378, no measures notified, reasoned opinion in 1994 323 92/0113 Additives in feedingstuffs Member States which have notified implementing measures: all except FIN Portugal - 93/0866, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0116 Health problems affecting trade in fresh poultrymeat Member States which have notified implementing measures: B, DK, E, F, L, NL, P, UK, A, S. Germany - 94/0081, no measures notified, reasoned opinion in 1994 Greece Spain - 94/0113, no measures notified, reasoned opinion in 1994 - 94/0148, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0181, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0214, no measures notified, referral in 1995, Case C-95/319 Italy - 94/0247, no measures notified, referral in 1995, Case Netheriands C-95/314 - 94/0315, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0346, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 94/037, no measures notified, reasoned opinion in 1994, terminated in 1995 92/0117 Zoonoses and zoonotic agents Member States which have notified implementing measures: DK, D, EL, E, F, L, P, UK, S, A. Belgium - 94/0019, no measures notified, reasoned opinion in 1994 - 94/0050, no measures notified, reasoned opinion in Denmark 1994, terminated in 1995 Germany - 94/0082, no measures notified, Art. 169 letter in 1994, terminated in 1995 324 Greece - 94/0112, no measures notified, reasoned opinion in 1994, Spain terminated in 1995 - 94/0149, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0182, no measures notified, referral in 1995, Case C-95/256 Ireland - 94/0215, no measures notified, referral in 1995, Case C-95/319 Italy - 94/0248, no measures notified, referral in 1995, Case Netheriands C-95/314 - 94/0316, no measures notified, Art. 169 letter in 1994 92/0118 Products not subject to specific health requirements Member States which have notified implementing measures: B, D, DK, E, F, L, NL, P, UK, A, S. Belgium - 94/0020, no measures notified, reasoned opinion in 1994, Denmark terminated in 1995 - 94/0051, no measures notified, reasoned opinion in 1994, terminated in 1995 Greece Spain - 94/0111, no measures notified, reasoned opinion in 1994 - 94/0150, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0183, no measures notified, referral in 1995, Case C-95/256 Ireland - 94/0216, no measures notified, referral in 1995, Case C-95/319 Italy - 94/0249, no measures notified, referral in 1995, Case Luxembourg C-95/314 - 94/0249, no measures notified, reasoned opinion in 1994, Netheriands terminated in 1995 - 94/0317, no measures notified, reasoned opinion in 19. 94, terminated in 1995 Portugal - 94/0348, no measures notified, Art. 169 letter in 1994, terminated in 1995 325 92/0119 Specific measures relating to swine vesicular disease Member States which have notified implementing measures: D, DK, EL, E, F, L, P, UK, A, S, FIN Belgium - 93/0974, no measures notified, reasoned opinion in 1994 - 93/1024, no measures notified, reasoned opinion in 1994, Greece terminated in 1995 France - 93/1015, no measures notified, referral in 1995, Case C-95/252, withdrawn in 1995 Ireland - 93/1037, no measures notified, referral in 1995, Case C-95/318 Italy - 93/1050, no measures notified, referral in 1995, Case Netheriands C-95/313 - 93/1058, no measures notified, reasoned opinion in 1994 Portugal- 93/1080, no measures notified, reasoned opinion in 1994, terminated in 1995 93/0017 Community grades of seed potatoes Member States which have notified implementing measures: all except FIN Belgium - 93/0644, no measures notified, Art. 169 letter in 1993, terminated in 1995 Germany - 93/0691, no measures notified, referral in 1995, Case C-95/108, withdrawn in 1995 Spain - 93/0736, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/0761, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 93/0807, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 93/0784, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/0871, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 93/0893, no measures notified, reasoned opinion in 1994, terminated in 1995 326 93/0026 Feedingstuffs Member States which have notified implementing measures: all except FIN Denmark - 94/0256, no measures notified, Art. 169 letter in 1994, terminated in 1995 Germany - 94/0536, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece - 94/0543, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0572, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0594, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0027 Feedingstuffs - additives Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK, S, A. - 94/0527, Art. 169 letter in 1994, terminated in 1995 - 94/0536, Art. 169 letter in 1994, terminated in 1995 Denmark Germany - 94/0542, Art. 169 letter in 1994 Greece Italy - 94/0573, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0595, Art. 169 letter in 1994, terminated in 1995 93/0028 Official control of feedingstuffs Member States which have notified implementing measures: B, D, DK, EL, E, F, IRL, I, L, NL, UK, A, S. Greece - 94/0987, no measures notified, Art. 169 letter in 1995, Spain terminated in 1995 - 94/0827, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 94/0934, no measures notified, Art. 169 letter in 1995 93/0048 Fruit-plant propagating material Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, UK, S. 327 Belgium - 94/0024, no measures notified, reasoned opinion in 1994, Germany terminated in 1995 - 94/0086, no measures notified, reasoned opinion in 1994 Greece - 94/0105, no measures notified, reasoned opinion in 1994, terminated in 1995 Spain - 94/0154, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0185, no measures notified, referral in 1995, Case C-95/256, withdrawn in 1996 Ireland - 94/0220, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0253, no measures notified, referral in 1995, Case Luxembourg C-95/315 - 94/0287, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 94/0352, no measures notified, reasoned opinion in 1994 - 94/0384, no measures notified, reasoned opinion United Kingdom in 1995 (to be terminated in 1996) 93/0049 Material for the propagation of ornamental plants Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, UK. Belgium - 94/0025, no measures notified, reasoned opinion in 1994, Germany terminated in 1995 - 94/0087, no measures notified, reasoned opinion in 1994, Greece - 94/0104, no measures notified, reasoned opinion in 1994, Spain terminated in 1995 - 94/0155, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0186, no measures notified, referral in 1995, Case C-95/256, withdrawn in 1996 Ireland - 94/0221, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0254, no measures notified, referral in 1995, Case Luxembourg C-95/315 - 94/0288, no measures notified, reasoned opinion in 1994, 328 terminated in 1995 Portugal - 94/0353, no measures notified, reasoned opinion in 1994 - 94/0385, no measures notified, reasoned opinion United Kingdom in 1995 (to be terminated in 1996) 93/0050 Organisms harmful to plants Member States which have notified implementing measures: all except FIN and A Belgium - 93/0975, no measures notified, Art. 169 letter in 1993, terminated in 1995 Germany - 93/0993, no measures notified, Art. 169 letter in 1993, terminated in 1995 Greece - 93/1022, no measures notified, reasoned opinion in 1994, terminated in 1995 Luxembourg - 93/1069, no measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/1081, no measures notified, Art. 169 letter in 1993, Netheriands terminated in 1995 - 93/1059, no measures notified, reasoned opinion in 1994, terminated in 1995 93/0051 Movement of plants in protected zones Member States which have notified implementing measures: all except FIN Belgium - 93/0976, no measures notified, Art. 169 letter in 1993, terminated in 1995 Germany - 93/0994, no measures notified, Art. 169 letter in 1993, terminated in 1995 Greece - 93/1021, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 93/1017, no measures notified, reasoned opinion in 1994, terminated in 1995 Luxembourg Netheriands - - 93/1070, no measures notified, Art. 169 letter in 1993, terminated in 1995 93/1060, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 93/1082, no measures notified, Art. 169 letter in 1993, terminated in 1995 329 United Kingdom - 93/1093, no measures notified, reasoned opinion in 1994, terminated in 1995 93/0052 Embryos of domestic bovine animals Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P, S, A, FIN. Belgium - 94/0026, no measures notified, reasoned opinion in 1994 Germany (to be terminated in 1996) - 94/0088, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece France - 94/0108, no measures notified, reasoned opinion in 1994 - 94/0187, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 94/0222, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 94/0255, no measures notified, referral in 1995, Case Luxembourg C-95/315 - 94/0289, no measures notified, reasoned opinion in 1994, Netheriands terminated in 1995 - 94/0322, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0354, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0386, no measures notified, reasoned opinion in 1994 93/0053 Control of certain fish diseases Member States which have notified implementing measures: B, DK, D, E, L, UK, A, S. Belgium - 94/0786, no measures notified, Art. 169 letter in 1995 (to Germany be terminated in 1996) - 94/0813, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece France - 94/0985, no measures notified, Art. 169 letter in 1995 - 94/0840, no measures notified, Art. 169 letter in 1995 330 Ireland Italy Netheriands - 94/0859, no measures notified, Art. 169 letter in 1995 - 94/0880, no measures notified, Art. 169 letter in 1995 - 94/0915, no measures notified, Art. 169 letter in 1995 Portugal - 94/0937, no measures notified, Art. 169 letter in 1995 Luxembourg 94/0903, no measures notified, Art. 169 letter in 1995, terminated in 1995 - 93/0054 Animals and products of fish farming Member States which have notified implementing measures: B, DK, D, EL, E, F, L, NL, UK, A, S, FIN Belgium - 94/0787, no measures notified, Art. 169 letter in 1995 (to Denmark be terminated in 1996) - 94/0800, no measures notified, Art. 169 letter in 1995, terminated in 1995 Germany - 94/0814, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece - 94/0984, no measures notified, Art. 169 letter in 1995, terminated in 1995 France - 94/0841, no measures notified, Art. 169 letter in 1995, terminated in 1995 Ireland - 94/0860, no measures notified, Art. 169 letter to be sent in 1995 Italy - 94/0881, no measures notified, Art. 169 letter to be sent Netheriands in 1995 - 94/0916, no measures notified, Art. 169 letter to be sent in 1995, terminated in 1995 Portugal - 94/0938, no measures notified, Art. 169 letter to be sent in 1995 93/0055 Feedingstuffs - additives Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK, S,. A - 94/0640, Art. 169 letter in 1994, terminated in 1995 Denmark Greece Portugal - 94/0594, Art. 169 letter in 1994, terminated in 1995 - 94/0696, Art. 169 letter in 1994 331 93/0056 Feedingstuffs Member States which have notified implementing measures: all except FIN ;; - 94/0641, Art. 169 letter in 1994, terminated in 1995 Denmark - 94/0695, Art. 169 letter in 1994, terminated in 1995 Greece Italy - 94/0723, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0756, Art. 169 letter in 1994, terminated in 1995 93/0057 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified implementing measures: all except FIN Belgium - 94/0027, no measures notified, Art. 169 letter in 1994, terminated in 1995 Germany - 94/0089, no measures notified, reasoned opinion in i 1994, terminated in 1995 Greece - 94/0107, no measures notified, reasoned opinion in 1994, Spain terminated in 1995 - 94/0158, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0188, no measures notified, reasoned opinion in 1994, terminated in 1995 Ireland - 94/0223, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 94/0256, no measures notified, Art. 169 letter in 1994, Luxembourg terminated in 1995 - 94/0290, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 94/0355, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0387, no measures notified, Art. 169 letter in 1994, terminated in 1995 332 93/0058 Pesticide residues - products of plant origin Member States which have notified implementing measures: all except FIN Belgium - 94/0028, no measures notified, Art. 169 letter in 1994, terminated in 1995 Germany - 94/0090, no measures notified, reasoned opinion in 1994, terminated in 1995 * Greece - 94/0106, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0189, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0224, no measures notified, Art. 169 letter in 1994, terminated in 1995 Luxembourg - 94/0291, no measures notified, reasoned opinion in 1994, terminated in 1995 United Kingdom - 94/0388, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0060 Fresh semen Member States which have notified implementing measures: B, D, DK, E, F, IRL, L, NL, S, A, FIN Belgium - 94/0788, no measures notified, Art. n69 letter in 1995, Denmark terminated in 1995 - 94/0801, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece France - 94/0983, no measures notified, Art. 169 letter in 1995 - 94/0842, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy Luxembourg - 94/0882, no measures notified, Art. 169 letter in 1995 - Netheriands 94/0904, no measures notified, Art. 169 letter in 1995, terminated in 1995 94/0917, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 94/0939, no measures notified, Art. 169 letter in 1995 United Kingdom - 94/0959, no measures notified, Art. 169 letter in - 1995 333 93/0061 Vegetable propagating and planting material Member States which have notified implementing measures: DK, EL, E, F, IRL, L, NL, UK, S. Belgium - 94/0029, no measures notified, reasoned opinion in 1994 - 94/0091, no measures notified, reasoned opinion in Germany 1994 Greece - 94/0103, no measures notified, reasoned opinion in 1994, Spain terminated in 1995 - 94/0160, no measures notified, reasoned opinion in 1994, terminated in 1995 France - 94/0190, no measures notified, referral in 1995, Case C-95/256, withdrawn in 1996 Ireland - 94/0225, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0258, no measures notified, referral in 1995, Case •C-95/315 Luxembourg - 94/0292, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 94/0357, no measures notified, reasoned opinion in 1994 - 94/0389, no measures notified, reasoned opinion United Kingdom in 1995 (to be terminated in 1996) 93/0062 Vegetable propagating material Member States which have notified implementing measures: DK, EL, E, IRL, L, NL, UK, S. Belgium - 94/0628, no measures notified, reasoned opinion in 1995 - 94/0652, no measures notified, reasoned opinion in Germany 1995 Spain - 94/0665, no measures notified, Art. 169 letter in 1994, terminated in 1995 France Greece - 94/0679, no measures notified, Art. 169 letter in 1994 - 94/0693, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0724, no measures notified, Art. 169 letter in 1994 Italy Luxembourg - 94/0736, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0757, no measures notified, Art. 169 letter in 1994 334 United Kingdom - 94/0960, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 93/0063 Ornamental plants Member States which have notified implementing measures: DK, EL, E, IRL, L, NL, UK Belgium - 94/0629, no measures notified, reasoned opinion in 1995 - 94/0653, no measures notified, reasoned opinion in Germany 1995 Spain - 94/0666, no measures notified, Art. 169 letter in 1994, terminated in 1995 France Greece - 94/0680, no measures notified, Art. 169 letter in 1994 - 94/0692, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0725, no measures notified, Art. 169 letter in 1994 Italy Luxembourg - 94/0737, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0758, no measures notified, Art. 169 letter in 1994 United Kingdom - 94/0961, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 93/0064 Fruit plant propagating material Member States which have notified implementing measures: DK, EL, E, IRL, L, NL, UK, S. Belgium - 94/0630, no measures notified, reasoned opinion in 1995 - 94/0654, no measures notified, reasoned opinion in Germany 1995 Spain - 94/0667, no measures notified, Art. 169 letter in 1994, terminated in 1995 France Greece - 94/0681, no measures notified, Art. 169 letter in 1994 - 94/0691, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0714, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0726, no measures notified, Art. 169 letter in 1994 Luxembourg - 94/0738, no measures notified, Art. 169 letter in Portugal - 94/0759, no measures notified, Art. 169 letter in 1994 1994, terminated in 1995 335 United Kingdom - 94/0962, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 93/0070 Official control of feedingstuffs Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, A, S. Denmark - 94/0642, no measures notified, Art. 169 letter in 1994, terminated in 1995 Spain - 94/0668, no measures notified, Art. 169 letter in 1994, terminated in 1995 France - 94/0682, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece Ireland - 94/0694, no measures notified, Art. 169 letter in 1994 - 94/0715, no measures notified, Art. 169 letter in 1994, terminated in 1995 Italy - 94/0727, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0760, no measures notified, Art. 169 letter in 1994 (to be terminated in 1996) United Kingdom - 94/0773, no measures notified, reasoned opinion in 1995 93/0071 Plant protection products Member States which have notified implementing measures: B, DK, E, F, IRL, I, L, NL, P, UK, S. Belgium - 94/0790, no measures notified, Art. 169 letter in 1995, terminated in 1995 Germany Denmark - 94/0816, no measures notified, Art. 169 letter in 1995 - 94/0803, no measures notified, Art. 169 letter in 1995, terminated in 1995 France - 94/0816, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece Italy - 94/0980, no measures notified, Art. 169 letter in 1995 - 94/0884, no measures notified, Art. 169 letter in 1995, Luxembourg terminated in 1995 - Netheriands - 94/0906, no measures notified, Art. 169 letter in 1995, terminated in 1995 94/0919, no measures notified, Art. 169 letter in 1995, 336 terminated in 1995 Portugal - 94/0942, no measures notified, Art. 169 letter in 1995, terminated in 1995 United Kingdom - 94/0964, no measures notified, Art. 169 letter in 1995, terminated in 1995 93/0074 Feedingstuffs intended for special nutritional purposes Member States which have notified implementing measures: B, DK, D, L, NL, UK Belgium - 95/0395, no measures notified, Art. 169 letter in 1995 (to Germany be terminated in 1996) - 95/0433, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) - 95/0478, no measures notified, Art. 169 letter in 1995 Spain - 95/0501, no measures notified, Art. 169 letter in 1995 France - 95/0451, no measures notified, Art. 169 letter in 1995 Greece - 95/0523, no measures notified, Art. 169 letter in 1995 Ireland - 95/0543, no measures notified, Art. 169 letter in 1995 Italy Portugal - 95/0604, no measures notified, Art. 169 letter in 1995 93/0078 Ornamental plants Member States which have notified implementing measures: DK, EL, E, IRL, L, NL, UK Belgium - 94/0631, no measures notified, reasoned opinion in 1995 - 94/0655, no measures notified, reasoned opinion in Germany 1995 Spain - 94/0669, no measures notified, Art. 169 letter in 1994, terminated in 1995 France Greece - 94/0683, no measures notified, Art. 169 letter in 1994 - 94/0690, no measures notified, Art. 169 letter in 1994, terminated in 1995 Ireland - 94/0716, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0728, no measures notified, Art. 169 letter in 1994 Italy Luxembourg - 94/0739, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal 94/0761, no measures notified, Art. 169 letter in 1994 337 United Kingdom - 94/0967, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 93/0079 Fruit plant propagating material Member States which have notified implementing measures: DK, EL, E, IRL, L, NL, UK Belgium - 94/0632, no measures notified, reasoned opinion in 1995 - 94/0656, no measures notified, reasoned opinion in Germany 1995 Spain - 94/0670, no measures notified, Art. 169 letter in 1994, terminated in 1995 France Greece - 94/0684, no measures notified, Art. 169 letter in 1994 - 94/0689, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0729, no measures notified, Art. 169 letter in 1994 Italy Luxembourg - 94/0740, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal -' 94/0762, no measures notified, Art. 169 letter in 1994 United Kingdom - 94/0968, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 93/0085 Potato ring rot Member States which have notified implementing measures: B, DK, E, EL, F, IRL, L, NL, P, UK, S. Belgium - 94/0031, no measures notified, reasoned opinion in 1994 Germany terminated in 1995 - 94/0093, no measures notified, reasoned opinion in 1994 Greece - 94/0101, no measures notified, reasoned opinion in 1994 terminated in 1995 France - 94/0192, no measures notified, reasoned opinion in 1994, terminated in 1995 Italy - 94/0260, no measures notified, referral in 1995, Case C-95/315 Luxembourg - 94/0294, no measures notified, reasoned opinion in 1994, terminated in 1995 Portugal - 94/0359, no measures notified, reasoned opinion in 1994, terminated in 1995 338 93/0106 Particular plant health risks - protected zones Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, NL, P, UK, S. Belgium - 94/0405, no measures notified, Art. 169 letter in 1994, terminated in 1995 Germany - 94/0419, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece France - 94/0423, no measures notified, reasoned opinion in 1995 - 94/0452, no measures notified, Art. 169 letter in 1994, Luxembourg terminated in 1995 - Netheriands - 94/0477, no measures notified, Art. 169 letter in 1994 94/0482, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0494, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0498, no measures notified, Art. 169 letter in 1994 (to be terminated in 1996) 93/0107 Feedingstuffs - additives Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK, A, S. Greece Spain - 95/0067, no measures notified, Art. 169 letter in 1995 - 95/0083, no measures notified, Art. 169 letter in 1995, Netheriands terminated in 1995 - 95/0158, no measures notified, Art. 169 letter in 1995, terminated in 1995 United Kingdom - 95/0202, no measures notified, Art. 169 letter in 1995, terminated in 1995 93/0110 Organisms harmful to plants and plant products Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, UK, A, S. Belgium - 94/0406, no measures notified, reasoned opinion in 1995, terminated in 1995 339 Germany - 94/0420, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece France - 94/0422, no measures notified, reasoned opinion in 1995 - 94/0453, no measures notified, Art. 169 letter in 1994, terminated in 1995 Luxembourg - 94/0478, no measures notified, Art. 169 letter in 1994, terminated in 1995 Netheriands - 94/0483, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0495, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0499, no measures notified, Art. 169 letter in 1994, terminated in 1995 93/0113 Enzymes and micro-organisms in animal nutrition Member States which have notified implementing measures: B, D, DK, E, IRL, L, NL, UK, S. Germany - 94/0818, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece France Ireland - 94/0977, no measures notified, Art. 169 letter in 1995 - 94/0849, no measures notified, Art. 169 letter in 1995 - 94/0865, no measures notified, Art. 169 letter in 1995, terminated in 1995 - 94/0889, no measures notified, Art. 169 letter in 1995 Italy Netheriands - 94/0922, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 94/0946, no measures notified, Art. 169 letter in 1995 United Kingdom - 94/0969, no measures notified, Art. 169 letter in 1995, terminated in 1995 93/0114 Feedingstuffs - additives Member States which have notified implementing measures: B, D, DK, E, IRL, L, NL, UK, S. Germany - 94/0819, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece - 94/0976, no measures notified, Art. 169 letter in 1995 340 France Ireland - 94/0850, no measures notified, Art. 169 letter in 1995 - 94/0866, no measures notified, Art. 169 letter in 1995, terminated in 1995 - 94/0890, no measures notified, Art. 169 letter in 1995 Italy Netheriands - 94/0923, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 94/0947, no measures notified, Art. 169 letter in 1995 United Kingdom - 94/0970, no measures notified, Art. 169 letter in 1995, terminated in 1995 93/0117 Official control of feedingstuffs Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, P, A. Greece Spain - 95/0068, no measures notified, Art. 169 letter in 1995 - 95/0084, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy - 95/0134, no measures notified, Art. 169 letter in 1995, terminated in 1995 Luxembourg - 95/0149, no measures notified, Art. 169 letter in Portugal - 95/0179, no measures notified, Art. 169 letter in 1995 1995 (to be terminated in 1996) (to be terminated in 1996) United Kingdom - 95/0203, no measures notified, Art. 169 letter in 1995 93/0118 Financing of veterinary health inspections Member States which have notified implementing measures: for provisions falling due on 31. 12. 1993: all except A, S, FIN for provisions falling due on 01. 01. 1995: DK, D, F, IRL, L, NL Belgium - 95/0025, no measures notified, Art. 169 letter in 1995 Germany - 95/0048, no measures notified, Art. 169 letter in 1995, terminated in 1995 Spain Greece Italy Ireland - 95/0085, no measures notified, Art. 169 letter in 1995 - 95/0069, no measures notified, Art. 169 letter in 1995 - 95/0135, no measures notified, Art. 169 letter in 1995 - 95/0116, no measures notified, Art. 169 letter in 1995, terminated in 1995 341 - Luxembourg 95/0150, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 95/0180, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0204, no measures notified, Art. 169 letter in 1995 93/0119 Protection of animals at the time of slaughter or killing Member States which have notified implementing measures: DK, E, IRL, L - 95/0257, no measures notified, Art. 169 letter in 1995 Germany Belgium - 95/0233, no measures notified, Art. 169 letter in 1995 - 95/0295, no measures notified, Art. 169 letter in 1995 France - 95/0271, no measures notified, Art. 169 letter in 1995 Greece - 95/0322, no measures notified, Art. 169 letter in 1995 Italy Netheriands 95/0352, no measures notified, Art. 169 letter in 1995 - Portugal - 95/0364, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0379, no measures notified, Art. 169 letter in 1995 93/0120 Poultry and hatching eggs - health conditions Member States which have notified implementing measures: DK, D, E, F, IRL, L, NL, UK, A, S. Belgium - 95/0234, no measures notified, Art. 169 letter in 1995 - 95/0272, no measures notified, Art. 169 letter in 1995 Greece - 95/0309, no measures notified, Art. 169 letter in 1995, Ireland terminated in 1995 Italy - 95/0323, no measures notified, Art. 169 letter in 1995 Portugal - 95/0365, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0380, no measures notified, Art. 169 letter in 1995, terminated in 1995 93/0121 Fresh poultrymeat - health conditions Member States which have notified implementing measures: B, DK, D, E, F, IRL, L, NL, P, UK, A. Belgium - 95/0235, no measures notified, Art. 169 letter in 1995, terminated in 1995 342 France - 95/0296, no measures notified, Art. 169 letter in 1995, terminated in 1995 - 95/0273, no measures notified, Art. 169 letter in 1995 Greece Italy - 95/0324, no measures notified, Art. 169 letter in 1995 Portugal - 95/0366, no measures notified, Art. 169 letter in 1995, terminated in 1995 United Kingdom - 95/0381, no measures notified, Art. 169 letter in 1995, terminated in 1995 94/0003 Interception of harmful organisms Member States which have notified implementing measures: B, DK, EL, E, F, IRL, NL, P, UK, S. Belgium - 94/0633, no measures notified, reasoned opinion in 1995, Germany terminated in 1995 - 94/0657 no measures notified, reasoned opinion in 1995 Denmark - 94/0643, no measures notified, Art. 169 letter in 1994, terminated in 1995 Spain - 94/0671, no measures notified, Art. 169 letter in 1994, * terminated in 1995 France - 94/0685, no measures notified, Art. 169 letter in 1994, terminated in 1995 Greece - 94/0688, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/0730, no measures notified, Art. 169 letter in 1994 Italy Luxembourg Netheriands - - 94/0741, no measures notified, Art. 169 letter in 1994 94/0746, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0763, no measures notified, Art. 169 letter in 1994, terminated in 1995 United Kingdom - 94/0774, no measures notified, Art. 169 letter in 1994, terminated in 1995 94/0013 Organisms harmful to plants Member States which have notified implementing measures: B, DK, EL, E, F, IRL, L, NL, S. 343 Belgium - 95/0236, no measures notified, Art. 169 letter in 1995, terminated in 1995 Germany Denmark - 95/0258, no measures notified, Art. 169 letter in 1995 - 95/0248, no measures notified, Art. 169 letter in 1995, terminated in 1995 France - 95/0297, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece - 95/0274, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy Luxembourg - 95/0325, no measures notified, Art. 169 letter in 1995 - 95/0340, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 95/0367, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0382, no measures notified, Art. 169 letter in 1995 94/0014 Feedingstuffs - official control Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, UK Luxembourg - 95/0571, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Portugal - 95/0608, no measures notified, Art. 169 letter in 1995 94/0016 Feedingstuffs - undesirable substances and products Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, NL, P, UK, S. Italy Luxembourg - 95/0326, no measures notified, Art. 169 letter in 1995 - 95/0341, no measures notified, Art. 169 letter in Netheriands - 95/0353, no measures notified, Art. 169 letter in 1995 1995, terminated in 1995 Portugal - 95/0368, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 344 94/0017 Feedingstuffs - additives Member States which have notified implementing measures: B, D, DK, E, F, IRL, I, L, NL, UK, S. Greece Ireland - 95/0072, no measures notified, Art. 169 letter in 1995 - 95/0120, no measures notified, Art. 169 letter in 1995, Netheriands terminated in 1995 - 95/0160, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 95/0184, no measures notified, Art. 169 letter in 1995 94/0028 Imports from third countries - zootechnical and genealogical conditions Member States which have notified implementing measures: E, I, NL, FIN - 95/0436, no measures notified, Art. 169 letter in 1995 - 95/0424, no measures notified, Art. 169 letter in 1995 Germany Belgium - 95/0402, no measures notified, Art. 169 letter in 1995 Denmark France Greece Ireland Luxembourg - 95/0505, no measures notified, Art. 169 letter in 1995 - 95/0457, no measures notified, Art. 169 letter in 1995 - 95/0527, no measures notified, Art. 169 letter in 1995 95/0573, no measures notified, Art. 169 letter in 1995 - Portugal - 95/0610, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0635, no measures notified, Art. 169 letter in 1995 94/0029 Pesticide residues - cereals and foodstuffs of animal origin Member States which have notified implementing measures: DK, D, EL, E, IRL, I, NL, UK, A, S. Belgium - 95/0403, no measures notified, Art. 169 letter in 1995 - 95/0506, no measures notified, Art. 169 letter in 1995 France. - 95/0549, no measures notified, Art. 169 letter in 1995 (to Italy be terminated in 1996) Luxembourg Netheriands - - 95/0574, no measures notified, Art. 169 letter in 1995 95/0592, no measures notified, Art. 169 letter in 1995, terminated in 1995 345 Portugal - 95/0611, no measures notified, Art. 169 letter in 1995 94/0030 Pesticide residues in or on products of plant origin Member States which have notified implementing measures: DK, D, EL, IRL, I, NL, UK, A, S. Belgium - 95/0404, no measures notified, Art. 169 letter in 1995 Spain France Italy - 95/0507, no measures notified, Art. 169 letter in 1995 - 95/0550, no measures notified, Art. 169 letter in 1995 (to - 95/0484, no measures notified, Art. 169 letter in 1995 be terminated in 1996) Luxembourg Netheriands - - 95/0575, no measures notified, Art. 169 letter in 1995 95/0593, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 95/0612, no measures notified, Art. 169 letter in 1995 94/0037 Plant protection products Member States which have notified implementing measures: B, DK, E, IRL, I, L, NL, UK, S. Germany Spain - 95/0437, no measures notified, Art. 169 letter in 1995 - 95/0485, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) France - 95/0509, no measures notified, Art. 169 letter in 1995 - 95/0459, no measures notified, Art. 169 letter in 1995 Greece Portugal - 95/0614, no measures notified, Art. 169 letter in 1995 94/0039 Intended uses of animal feedingstuffs for particular nutritional purposes Member States which have notified implementing measures: B, DK, L, NL, UK Germany - 95/0438, no measures notified, Art. 169 letter in 1995 Belgium - 95/0406, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Spain France - 95/0486, no measures notified, Art. 169 letter in 1995 - 95/0510, no measures notified, Art. 169 letter in 1995 346 - 95/0460, no measures notified, Art. 169 letter in 1995 Greece - 95/0529, no measures notified, Art. 169 letter in 1995 Ireland Italy - 95/0552, no measures notified, Art. 169 letter in 1995 Portugal - 95/0615, no measures notified, Art. 169 letter in 1995 94/0040 Additives - guidelines for evaluation Member States which have notified implementing measures: B, DK, D, E, F, IRL, I, L, NL, UK. Spain - 94/0836, no measures notified, Art. 169 letter in 1995, terminated in 1995 France - 94/0853, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece Italy - 94/0973, no measures notified, Art. 169 letter in 1995 - 94/0893, no measures notified, Art. 169 letter in 1995, terminated in 1995 Ireland - 94/0869, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 94/0950, no measures notified, Art. 169 letter in 1995 Luxembourg 94/0997, no measures notified, Art. 169 letter in 1995, terminated in 1995 - 94/0972, no measures notified, Art. 169 letter in United Kingdom - 1995, terminated in 1995 94/0041 Feedingstuffs - additives Member States which have notified implementing measures: B, DK, E, F, IRL, I, L, NL, UK, A, S. Germany Spain - 95/0439, no measures notified, Art. 169 letter in 1995 - 95/0487, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece - 95/0461, no measures notified, Art. 169 letter in 1995 Portugal - 95/0616, no measures notified, Art. 169 letter in 1995 94/0042 Health problems - live animals Member States which have notified implementing measures: B, DK, D, E, F, NL, UK, A, S, FIN. 347 Germany - 95/0259, no measures notified, Art. 169 letter in 1995, terminated in 1995 Belgium - 95/0238, no measures notified, Art. 169 letter in 1995, terminated in 1995 France - 95/0298, no measures notified, Art. 169 letter in 1995, terminated in 1995 Greece Ireland Italy Luxembourg - 95/0276, no measures notified, Art. 169 letter in 1995 - 95/0311,^no measures notified, Art. 169 letter in 1995 - 95/0327, no measures notified, Art. 169 letter in 1995 - 95/0343, no measures notified, Art. 169 letter in 1995 Portugal - 95/0370, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0384, no measures notified, Art. 169 letter in 1995, terminated in 1995 94/0043 Plant protection products Member States which have notified implementing measures: DK, E, IRL, I, L, NL, UK, S. - 95/0440, no measures notified, Art. 169 letter in 1995 Germany Belgium - 95/0407, no measures notified, Art. 169 letter in 1995 Denmark - 95/0425, no measures notified, Art. 169 letter in 1995, terminated in 1995 Spain - 95/0488, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) - 95/0511, no measures notified, Art. 169 letter in 1995 France Greece - 95/0462, no measures notified, Art. 169 letter in 1995 Portugal - 95/0617, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0637, no measures notified, Art. 169 letter in 1995, terminated in 1995 94/0059 Imports from third countries - examination for trichinae Member States which have notified implementing measures: B, DK, L, NL, P, A, FIN Germany Belgium - 95/0031, no measures notified, Art. 169 letter in 1995, - 95/0052, no measures notified, Art. 169 letter in 1995 terminated in 1995 Denmark - 95/0039, no measures notified, Art. 169 letter in 1995, terminated in 1995 348 Spain France Greece Ireland Italy Luxembourg - 95/0090, no measures notified, Art. 169 letter in 1995 - 95/0108, no measures notified, Art. 169 letter in 1995 - 95/0075, no measures notified, Art. 169 letter in 1995 - 95/0124, no measures notified, Art. 169 letter in 1995 - 95/0141, no measures notified, Art. 169 letter in 1995 - 95/0154, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 95/0188, no measures notified, Art. 169 letter in 1995, terminated in 1995 United Kingdom - 95/0210, no measures notified, Art. 169 letter in 1995 94/0071 Raw milk, heat-treated milk and milk-based products Member States which have notified implementing measures: DK, D, L, NL, P, UK, S. Belgium - 95/0411, no measures notified, Art. 169 letter in 1995 Denmark - 95/0427, no measures notified, Art. 169 letter in 1995, terminated in 1995 - 95/0492, no measures notified, Art. 169 letter in 1995 Spain France Greece Ireland Italy United Kingdom 95/0640, no measures notified, Art. 169 letter in - 95/0514, no measures notified, Art. 169 letter in 1995 - 95/0467, no measures notified, Art. 169 letter in 1995 - 95/0533, no measures notified, Art. 169 letter in 1995 - 95/0557, no measures notified, Art. 169 letter in 1995 1995 (to be terminated in 1996) 95/0004 Organisms harmful to plants Member States which have notified implementing measures: B, DK, E, F, IRL, L, NL, P, UK, A, S. Germany Belgium - 95/0244, no measures notified, Art. 169 letter in 1995, - 95/0264, no measures notified, Art. 169 letter in 1995 terminated in 1995 Greece France - 95/0282, no measures notified, Art. 169 letter in 1995 - 95/0302, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy - 95/0333, no measures notified, Art. 169 letter in 1995 Portugal - 95/0376, no measures notified, Art. 169 letter in 1995, terminated in 1995 349 United Kingdom - 95/0390, no measures notified, Art. 169 letter in 1995, terminated in 1995 95/0006 Cereal seed Member States which have notified implementing measures: B, DK, E, F, IRL, NL, UK, A. Germany Belgium - 95/0414, no measures notified, Art. 169 letter in 1995, - 95/0443, no measures notified, Art. 169 letter in 1995 terminated in 1995 Greece Italy Luxembourg Netheriands - 95/0469, no measures notified, Art. 169 letter in 1995 - 95/0560, no measures notified, Art. 169 letter in 1995 - - 95/0581, no measures notified, Art. 169 letter in 1995 95/0598, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Portugal - 95/0624, no measures notified, Art. 169 letter in 1995, 95/0009 Feedingstuffs intended for particular nutritional purposes Member States which have notified implementing measures: B, DK, NL, UK Germany - 95/0444, no measures notified, Art. 169 letter in 1995 Belgium - 95/0415, no measures notified, Art. 169 letter in 1995 (to Spain France Greece Ireland Italy Luxembourg Netheriands be terminated in 1996) - 95/0494, no measures notified, Art. 169 letter in 1995 - 95/0517, no measures notified, Art. 169 letter in 1995 - 95/0470, no measures notified, Art. 169 letter in 1995 - 95/0535, no measures notified, Art. 169 letter in 1995 - 95/0561, no measures notified, Art. 169 letter in 1995 - - 95/0582, no measures notified, Art. 169 letter in 1995 95/0599, no measures notified, Art. 169 letter in 1995, terminated in 1995 Portugal - 95/0625, no measures notified, Art. 169 letter in 1995 95/0010 Calculating the energy value of certain dog and cat food Member States which have notified implementing measures: DK, NL, UK 350 - 95/0445, no measures notified, Art. 169 letter in 1995 - 95/0495, no measures notified, Art. 169 letter in 1995 Germany Belgium - 95/0416, no measures notified, Art. 169 letter in 1995 Spain France Greece Ireland Italy Luxembourg - 95/0518, no measures notified, Art. 169 letter in 1995 - 95/0471, no measures notified, Art. 169 letter in 1995 - 95/0536, no measures notified, Art. 169 letter in 1995 - 95/0562, no measures notified, Art. 169 letter in 1995 - 95/0583, no measures notified, Art. 169 letter in 1995 95/0600, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Netheriands - Portugal - 95/0626, no measures notified, Art. 169 letter in 1995 95/0011 Feedingstuffs - assessment of additives Member States which have notified implementing measures: B, DK, D, E, NL, UK -. France -. Greece -. Ireland Italy -. Luxembourg ,. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996 Portugal -. , no measures notified, Art. 169 letter to be sent in 1996 95/0023 Fresh meat - production conditions Member States which have notified implementing measures: no Germany -. , no measures notified, 1996 Belgium - Denmark Spain. , no measures notified, Art. , no measures notified, - 1996. , no measures notified, 1996 - Art. 169 letter to be sent in 169 letter to be sent in 1996 Art. 169 letter to be sent in Art. 169 letter to be sent in France Greece Ireland Italy - - - -. , no measures notified, Art. , no measures notified, Art. , no measures notified, Art. , no measures notified, Art. 169 letter to be sent in 1996 169 letter to be sent in 1996 169 letter to be sent in 1996 169 letter to be sent in 1996 351 Luxembourg Netheriands. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996 Portugal - United Kingdom. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996 - 95/0025 Health conditions - live animals Member States which have notified implementing measures: D, A, FIN Belgium - Denmark. , no measures notified, Art. 169 letter to be sent in 1996 no measures notified, Art. 169 letter to be sent in - Spain 1996. , no measures notified, Art. 169 letter to be sent in 1996 -. France -. Greece -. Ireland Italy -. Luxembourg Netheriands. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996 Portugal - United Kingdom. , no measures notified, Art. 169 letter to be sent in 1996. , no measures notified, Art. 169 letter to be sent in 1996 95/0040 Organisms harmful to plants - protected zones Member States which have notified implementing measures: DK, E, IRL, NL, UK, S. - 95/0446, no measures notified, Art. 169 letter in 1995 Germany Belgium - 95/0416, no measures notified, Art. 169 letter in 1995 Denmark - 95/0429, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Spain - 95/0496, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) France Greece - 95/0519, no measures notified, Art. 169 letter in 1995 - 95/0472, no measures notified, Art. 169 letter in 1995 352 Ireland - 95/0537, no measures notified, Art. 169 letter in 1995, terminated in 1995 - 95/0563, no measures notified, Art. 169 letter in 1995 Italy Luxembourg - 95/0584, no measures notified, Art. 169 letter in 1995 Portugal - 95/0627, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0643, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 95/0041 Organisms harmful to plants Member States which have notified implementing measures: DK, E, IRL, NL, UK, S. - 95/0447, no measures notified, Art. 169 letter in 1995 Germany Belgium - 95/0418, no measures notified, Art. 169 letter in 1995 Denmark - 95/0430, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) Spain - 95/0497, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) France Greece Ireland - 95/0520, no measures notified, Art. 169 letter in 1995 - 95/0473, no measures notified, Art. 169 letter in 1995 - 95/0538, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy Luxembourg - 95/0564, no measures notified, Art. 169 letter in 1995 - 95/0585, no measures notified, Art. 169 letter in 1995 Portugal - 95/0628, no measures notified, Art. 169 letter in 1995 United Kingdom - 95/0644, no measures notified, Art. 169 letter in 1995 (to be terminated in 1996) 353 6. ENVIRONMENT 67/0548 Labelling of dangerous substances Member States which have notified implementing measures: all 69/0081 Labelling of dangerous substances Member States which have notified implementing measures: all 70/0157 Sound level of motor vehicles Member States which have notified implementing measures: all 70/0189 Labelling of dangerous substances Member States which have notified implementing measures: all 72/0306 Emission of pollutants from diesel engines Member States which have notified implementing measures: all 73/0146 Labelling of dangerous substances Member States which have notified implementing measures: all 75/0409 Labelling of dangerous substances Member States which have notified implementing measures: all 75/0439 Disposal of waste oils Member States which have notified implementing measures: all Italy - 86/0419, not properly applied, judgment in 1993, Case C-89/366 354 75/0440 Surface water Member States which have notified implementing measures: all Belgium - 87/0345, not properly implemented, reasoned opinion (171) Germany to be sent in 1996 - 87/0372, not properly implemented, reasoned opinion (171) in 1995 Italy France - 89/0206, not properly implemented, referral to be sent in 1996 - 92/4200, not properly applied, reasoned opinion to be sent in 1996 United Kingdom opinion - 89/4571, not properly implemented, reasoned to be sent in 1996 Portugal - 92/2300, not properly applied, reasoned opinion in 1995 Italy - 89/0206, not properly implemented, referral to be sent in 1995 75/0442 Waste Member States which have notified implementing measures: all Spain Greece Ireland - 90/0959, not properly applied, terminated in 1995 - 89/0138, not properly applied, judgment 7. 04. 92 - Case C-91/045, Art. 171 letter in 1995 - 91/0704, not properly implemented, reasoned opinion in 1993 Italy Italy - 88/0239, not properly applied, judgment in 1991 - Case C-90/033, Art. 171 letter in 1995 - 90/0262, not properly applied, reasoned opinion to be sent in 1996 Greece - 92/4682, not properly applied, reasoned opinion to be sent in 1996 Greece - 92/5154, not properly applied, reasoned opinion to be se nt in 1996 75/0716 Sulphur content of liquid fuel Member States which have notified implementing measures: all 355 76/0160 Bathing water Member States which have notified implementing measures: all except FIN, S Germany - 89/0317, not properly applied, reasoned opinion in 1994 Spain - 89/0418, not properly applied, referral to be sent in 1996 Italy - 87/0356, not properly implemented, referral to be sent in 1996 United Kingdom - 86/0214, not properly applied, judgment in 1993 - Case C-90/056 Belgium - 89/0416, not properly applied, reasoned opinion to be sent in 1996 76/0403 Disposal of PCBs Member States which have notified implementing measures: all 76/0464 Dangerous substances in the sea Member States which have notified implementing measures: all Germany - 89/2343,not properly applied, reasoned opinion in 1994 Greece - 89/0303, not properly applied, referral in 1995, Case C-95/232 France Italy Italy Luxembourg - 91/0206, not properly applied, reasoned opinion in 1993 - 90/0416, not properly applied, terminated in 1995 - 91/0642, not properly applied, reasoned opinion in 1993 91 /0207, not properly applied, reasoned opinion in 1993 - Portugal - 91/0556, not properly applied, reasoned opinion in 1993 - 90/0960, not properly applied, reasoned opinion in Spain 1994. Spain - 90/2190, not properly applied, reasoned opinion in 1995 Netheriands - 90/4113, not properly applied, reasoned opinio n to be sent in 1996 Greece - 91/0620, not properly applied, referral in 1995, Case C-95/233 356 Belgium - 93/4331, not properly applied, reasoned opinion to be sent Spain in 1996 - 94/4548, not properly applied, reasoned opinion to be sent in 1996 76/0907 Labelling of dangerous substances Member States which have notified implementing measures: all 78/0176 Waste - titanium dioxide Member States which have notified implementing measures: all Portugal - 90/0929, no measures notified, terminated in 1995 78/0319 Toxic and dangerous waste Member States which have notified implementing measures: all Germany - 90/0038, not properly applied, referral in 1992, Case C-92/422, judgment in 1994 Spain Ireland - 89/0337, not properly applied, terminated in 1995 - 90/0192, not properly applied, terminated in 1995 78/0659 Quality of fresh waters Member States which have notified implementing measures: all Germany - 90/2203, not properly applied, referral in 1995, Case C-95/298 Italy - 90/0211, not properly implemented, referral in 1993, Case C-93/291, judgment in 1994 Belgium - 90/2202, not properly applied, reasoned opinion to be sent in 1996 France - 91/4338, not properly applied, reasoned opinion to be sent in 1996 357 78/1015 Sound level of motorcycles Member States which have notified implementing measures: all 79/0113 Noise emissions from construction plant Member States which have notified implementing measures: all 79/0370 Labelling of dangerous substances Member States which have notified implementing measures: all 79/0409 Conservation of wild birds Member States which have notified implementing measures: all except FIN Germany Germany Belgium - 90/0291, not properly implemented, reasoned opinion in 1993, !! reasoned opinion to be sent in 1996 - 87/0246, not properly applied, terminated in 1995 - 86/0222, not properly implemented, judgment in 1990 - Case C-88/288, Art. 171 letter in 1994 - 88/0295, not properly applied, judgment in 1993 - Case C-90/355, Art. 171 letter to be sent in 1996 - 84/0121, not properly implemented, - Case C-90/355, suppl. Art. 171 reasoned opinion France Spain judgment in 1993, to be sent in 1996 Italy Italy France - 87/0327, not properly applied, reasoned opinion in 1989 - 91/0795, not properly applied, terminated in 1995 - 89/4910, not properly applied, reasoned opinion to be sent in 1996 France Spain - 91/0640, not properly applied, reasoned opinion in 1994 - 91/4380, not properly applied, reasoned opinion to be sent in 1996 France France - 91/4599, not properly applied, reasoned opinion in 1995 - 92/4252, not properly applied, reasoned opinion to be sent in 1996 France - 92/4527, not properly applied, reasoned opinion to be sent Germany in 1996 - 92/4575, not properly applied, reasoned opinion to be sent in 1996 358 79/0831 Labelling of dangerous substances Member States which have notified implementing measures: all 79/0869 Surface water Member States which have notified implementing measures: all except S Portugal - 93/2035, not properly implemented, reasoned opinion to be sent in 1996 79/0923 Shellfish waters Member States which have notified implementing measures: all except FIN, S Italy - 91/0743, not properly applied, reasoned opinion in 1993, referral scheduled for 1996 80/0051 Noise emissions from aircraft Member States which have notified implementing measures: all Germany 93/4719, not properly applied, reasoned opinion to - be sent in 1996 80/0068 Protection of groundwater Member States which have notified implementing measures: all except S Germany France Ireland 86/0121, not properly implemented, Case - C-131/88, suppl. Art. 171 reasoned opinion in 1995 - 90/0352, not properly implemented, referral scheduled for 1996 - 89/0163, not properly implemented, suppl. Art. 169 letter in 1993 United Kingdom - 88/0354, not properly applied, reasoned opinion in 1989 Portugal - 93/2112, not properly implemented, reasoned opinion to be sent in 1996 359 80/0778 Labelling of dangerous substances Member States which have notified implementing measures: all Germany Germany France Italy - 89/0650, not properly applied, terminated in 1995 - 90/4085, not properly applied, terminated in 1995 - 91 /2316, not properly applied, referral scheduled for 1996 - 87/0363, not properly implemented, reasoned opinion in 1988 Netheriands United Kingdom United Kingdom - 91/0214, not properly implemented, reasoned opinion in 1993 - 87/0370, not properly applied, judgment in 1992 - Case C-89/337 - 91/0772, not properly applied, reasoned opinion in 1993 80/0779 Air quality (addressed to Greece) Member States which have notified implementing measures: all except A, FIN Portugal - 93/2113, not properly applied, reasoned opinion to be sent in 1996 80/0836 Health protection - ionizing radiation Member States which have notified implementing measures: all Italy Luxembourg Netheriands - 87/0225, no measures notified, terminated in 1995 - - 88/0487, not properly opinion in 1991 88/0488, not properly opinion in 1990 implemented, reasoned implemented, reasoned 80/1189 Labelling of dangerous substances Member States which have notified implementing measures: all 360 81/0854 Conservation of wild birds Member States which have notified implementing measures: all 81/0855 Surface water (addressee: Greece) Member States which have notified implementing measures: EL 81/0857 Air quality (addressed to Greece) (addressee: Greece) Member States which have notified implementing measures: EL 81/0858 Labelling of dangerous substances Member States which have notified implementing measures: all 81/0957 Labelling of dangerous substances Member States which have notified implementing measures: all 81/1051 Acquired rights - doctors, nurses, dentists and veterinary surgeons Member States which have notified implementing measures: all 82/0176 Mercury discharges Member States which have notified implementing measures: all 82/0232 Labelling of dangerous substances Member States which have notified implementing measures: all 82/0501 Major-accident hazards Member States which have notified implementing measures: all 361 Germany - 87/0219, not properly opinion to be sent in 1996 implemented, !! reasoned Italy - 91/2065, not properly applied, reasoned opinion to be sent in 1996 82/0883 Titanium dioxide waste Member States which have notified implementing measures: all 82/0884 Lead in the air Member States which have notified implementing measures: all except A, FIN 83/0029 Waste - titanium dioxide Member States which have notified implementing measures: all 83/0129 Seal-pup skins Member States which have notified implementing measures: all except A, FIN 83/0206 Noise emissions from aircraft Member States which have notified implementing measures: all 83/0467 Labelling of dangerous substances Member States which have notified implementing measures: all 83/0513 Cadmium discharges Member States which have notified implementing measures: all 362 84/0156 Mercury discharges Member States which have notified implementing measures: all Portugal - 92/2303, not properly applied, reasoned opinion in 1995 84/0360 Air pollution from industrial plants Member States which have notified implementing measures: all 84/0449 Labelling of dangerous substances Member States which have notified implementing measures: all 84/0466 Radiation protection - patients Member States which have notified implementing measures: all Belgium - 90/0237, not properly implemented, reasoned opinion in 1992 Ireland - 90/0239, not properly implemented, reasoned opinion in 1993 Italy - 90/0240, not properly implemented, judgment in 1993, Case C-92/95, Art. 171 letter in 1994 Portugal - 90/0242, not properly implemented, reasoned opinion i n Spain - 91/0723, not properly implemented, reasoned opinion in 1993 1993 84/0467 Health protection - ionizing radiation Member States which have notified implementing measures: all Italy - 87/0233, no measures notified, terminated in 1995 84/0491 HCH discharges Member States which have notified implementing measures: all 363 84/0532 Construction plant Member States which have notified implementing measures: all 84/0533 Sound power level of compressors Member States which have notified implementing measures: all 84/0534 Sound power level of tower cranes Member States which have notified implementing measures: all 84/0535 Sound power level of welding generators Member States which have notified implementing measures: all 84/0536 Sound power level of power generators Member States which have notified implementing measures: all 84/0537 Sound power level of hand-held concrete-breakers Member States which have notified implementing measures: all 84/0538 Sound power level of lawnmowers Member States which have notified implementing measures: all 84/0631 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 85/0203 Air quality - nitrogen dioxide Member States which have notified implementing measures: all except A, FIN 364 Belgium - 88/0023, not properly implemented, judgment in 1993, Case C-91/186, terminated in 1995 United Kingdom - 89/5110, not properly implemented, reasoned opinion in 1993 85/0210 Lead content of petrol Member States which have notified implementing measures: all 85/0337 Assessment of projects on the environment Member States which have notified implementing measures: all Belgium - 89/0652, not properly implemented referral in 1994, Case C-94/133 Germany - 90/0189, not properly applied, referral in 1992 Germany Case C-92/431, judgment in 1995, terminated in 1995 - 90/4710, not properly implemented, referral in 1995, Case C-95/301 Spain - 90/0129, not properly implemented, reasoned opinion in 1992 Italy - 91/0794, not properly implemented, reasoned opinion in 1993 Ireland - 89/0425, not properly implemented, reasoned opinion in 1993 - Luxembourg 90/0126, no measures notified, referral in 1993, Case C-93/313, judgment in 1994, terminated in 1995 United Kingdom - 91/2200, not properly implemented,terminated in 1995 Greece - 91/2036, not properly implemented, reasoned opinion to be sent in 1996 Portugal - 91/2168, not properly implemented, reasoned opinion to be sent in 1996 85/0339 Containers for liquids for human consumption Member States which have notified implementing measures: all. Belgium - 87/0330, not properly applied, judgment in 1991, Case C-89/330, terminated in 1995 Spain - 87/0337, not properly applied, judgment in 1991 365 Case C-90/192, terminated in 1995 France - 87/0332, not properly applied, judgment in 1994, Luxembourg Case C-93/255, terminated in 1995 - Case C-89/252, terminated in 1995 87/0334, not properly applied, judgment in 1991, 85/0405 Noise emissions from construction plant Member States which have notified implementing measures: all 85/0406 Sound power level of compressors Member States which have notified implementing measures: all 85/0407 Sound power level of welding generators Member States which have notified implementing measures: all 85/0408 Sound power level of power generators Member States which have notified implementing measures: all 85/0409 Sound power level of hand-held concrete-breakers Member States which have notified implementing measures: all 85/0411 Conservation of wild birds Member States which have notified implementing measures: all except FIN Netheriands - 87/0176, not properly applied, referral scheduled for 1996 85/0444 Seal-pup skins Member States which have notified implementing measures: all except A, FIN 366 85/0467 Dangerous substances and preparations Member States which have notified implementing measures: all 85/0469 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 85/0580 Air quality - nitrogen dioxide Member States which have notified implementing measures: all 85/0581 Lead content of petrol Member States which have notified implementing measures: all 86/0121 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 86/0122 Conservation of wild birds Member States which have notified implementing measures: all 86/0278 Sewage sludge used in agriculture Member States which have notified implementing measures: A, DK, D, E, EL, F, FIN, IRL, T, L, NL, P, S, UK Belgium - 90/0230, no measures notified, Case C-93/260, judgment in 1994, suppl. Art. 171 letter to be sent in 1996 - 92/2226, not properly implemented, reasoned opinion to be sent in 1996 France 86/0279 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 367 86/0280 Dangerous substances in the sea Member States which have notified implementing measures: all Germany - 89/0427, not properly implemented,referral in 1995, Case C-95/262 Ireland - 91/2216, not properly implemented, suppl. Art. 169 letter to be sent in 1996 Portugal - 92/2358, not properly implemented, reasoned opinion to be sent in 1996 86/0295 Construction plant Member States which have notified implementing measures: all 86/0296 Construction plant Member States which have notified implementing measures: all 86/0431 Labelling of dangerous substances Member States which have notified implementing measures: all 86/0594 Noise from household appliances Member States which have notified implementing measures: all except A 86/0609 Protection of animals Member States which have notified implementing measures: all except S Luxembourg - 90/0730, no measures notified, referral in 1993, Case C-93/274 Portugal Belgium - 92/2359, not properly implemented, reasoned opinion to be sent in 1996 - 93/2218, not properly implemented, reasoned opinion to be sent in 1996 368 86/0662 Noise emissions from hydraulic excavators Member States which have notified implementing measures: all 87/0018 Good laboratory practice Member States which have notified implementing measures: all. 87/0101 Disposal of waste oils Member States which have notified implementing measures: all 87/0112 Transfrontier shipment of hazardous waste Member States which have notified implementing measures: all 87/0216 Major-accident hazards Member States which have notified implementing measures: all 87/0217 Pollution by asbestos Member States which have notified implementing measures: A, B, DK, D, EL, E, F, FIN, IRL, I, L, NL, P, S, UK Italy United Kingdom - 90/0065, no measures notified, terminated in 1995 - 91/2163, not properly applied, reasoned opinion in 1995 Portugal - 91/2218, not properly implemented, reasoned opinion to be sent in 1996 87/0219 Sulphur content of liquid fuel Member States which have notified implementing measures: all 369 87/0252 Sound power level of lawnmowers Member States which have notified implementing measures: all 87/0405 Sound power level of tower cranes Member States which have notified implementing measures: all. 87/0416 Lead content of petrol Member States which have notified implementing measures: all 87/0432 Labelling of dangerous substances Member States which have notified implementing measures: all 88/0180 Sound power level of lawnmowers Member States which have notified implementing measures: all 88/0181 Sound power level of lawnmowers Member States which have notified implementing measures: all 88/0302 Labelling of dangerous substances Member States which have notified implementing measures: all 88/0347 Dangerous substances in the sea Member States which have notified implementing measures: all 88/0490 Labelling of dangerous substances Member States which have notified implementing measures: all 370 88/0609 Emissions from large combustion plants Member States which have notified implementing measures: all Portugal - 91/2220, not properly implemented, reasoned opinion to be sent in 1996 88/0610 Major-accident hazards Member States which have notified implementing measures: all 89/0369 Incineration of municipal waste Member States which have notified implementing measures: A, B, DK, D, EL, E, F, FIN, IRL, L, NL, P, S, UK Italy - 91/0417, no measures notified, referral in 1995, Case C-95/237 Portugal - 91/2173, not properly implemented, reasoned opinion to be sent in 1996 89/0370 Seal-pup skins Member States which have notified implementing measures: all except A, FIN 89/0427 Sulphur dioxide in the air Member States which have notified implementing measures: all except A, FIN Italy -' 91/0678, no measures notified, terminated in 1995 89/0429 Incineration of municipal waste Member States which have notified implementing measures: A, B, DK, D, E, F, FIN, IRL, L, NL, P, S, UK 371 Italy - 91/0418, no measures notified, referral in 1995, Case C- 95/237 89/0514 Noise emissions from hydraulic excavators Member States which have notified implementing measures: all 89/0618 Health protection - radiological emergency Member States which have notified implementing measures: A, B, DK, D, EL, E, F, IRL, I, N, P, S, UK. Italy - 92/0334, no measures notified, terminated in 1995 Portugal - 92/0509, no measures notified, terminated in 1995 Luxembourg 93/0611, no measures notified, referral scheduled for 1995, Case C-46/95 - 89/0629 Noise emissions from aeroplanes Member States which have notified implementing measures: all Italy - 91/0082, no measures notified, terminated in 1995 90/0219 Genetically modified organisms Member States which have notified implementing measures: A, B, DK, D, E, F, FIN, I, IRL, NL, P, S, UK Greece - 92/0264, no measures notified, referral in 1994, Case C-94/170, judgment in 1995 Spain Luxembourg - 92/0163, no measures notified, terminated in 1995 92/0395, no measures notified, referral in 1995, - Case C-95/312 - 91/2336, not properly opinion to be sent in 1995 implemented, reasoned - 93/2120, not properly implemented, reasoned opinion to be sent in 1996 - 91/2179, not properly implemented, reasoned opinion to be sent in 1996 372 Germany Belgium Portugal 90/0220 Genetically modified organisms Member States which have notified implementing measures: A, B, DK, D, E, F, FIN, I, IRL, NL, P, S, UK. Greece - 92/0263, no measures notified, referral in 1994, Case C-94/170, judgment in 1995 Spain Luxembourg - 92/0164, no measures notified, terminated in 1995 92/0396, no measures notified, referral in 1995, - Case C-95/312 Portugal Germany Belgium - 93/2179, not properly implemented, reasoned opinion to be sent in 1996 - 91/2336, not properly opinion to be sent in 1996 implemented, reasoned - 93/2120, not properly implemented, reasoned opinion to be sent in 1996 90/0313 Freedom of access to information on the environment Member States which have notified implementing measures: A, B, DK, D, E, EL, F, FIN, I, IRL, L, NL, P, S, UK Germany Greece Italy France - - 93/0111, no measures notified, terminated in 1995 93/0158, no measures notified, terminated in 1995 - 93/0316, no measures notified, terminated in 1995 - 93/2058, not properly implemented, reasoned opinion to be sent in 1996 Germany - 94/2196, not properly opinion to be sent in 1996 implemented, reasoned 90/0415 Dangerous substances in the sea Member States which have notified implementing measures: all Germany Greece Ireland Portugal - 92/0118, no measures notified, terminated in 1995 - 92/0260, no measures notified, terminated in 1995 - 92/0300, no measures notified, terminated in 1995 - 92/0498, no measures notified, terminated in 1995 373 90/0517 Labelling of dangerous substances Member States which have notified implementing measures: A, DK, D, EL, E, F, FIN, IRL, I, L, NL, S, UK Belgium - 92/0051, no measures notified, reasoned opinion in 1994 Portugal - 92/0491, no measures notified, reasoned opinion in 1994 90/0641 Radiation protection - outside workers Member States which have notified implementing measures: A, DK, D, F, FIN IRL, I, L, N, S, UK - 94/0130, no measures notified, Art. 169 letter in 1994 - 94/0131, no measures notified, reasoned opinion in 1995 Belgium - 94/0004, no measures notified, reasoned opinion in 1995 Greece Spain Italy - 94/0231, no measures notified, terminated in 1995 Luxembourg Portugal - 94/0332, no measures notified, Art. 169 letter in 1994 94/0264, no measures notified, terminated in 1995 - 90/0656 Transitional measures - protection of the environment (addressed to Germany) Member States which have notified implementing measures: D 90/0660 Transitional measures - protection of the environment (addressed to Germany) Member States which have notified implementing measures: D 91/0156 Waste Member States which have notified implementing measures: A, B, D, DK, FIN, I, L, NL, P, S, UK Germany Greece - 93/0668, no measures notified, terminated in 1995 - 93/0719, no measures notified, referral in 1995, Case C-95/160 Spain - 93/0720, no measures notified, referral scheduled for 1996 374 France - 93/0737, no measures notified, reasoned opinion in 1995 Ireland - 93/0762, no measures notified, reasoned opinion in 1994 - 93/0785, no measures notified, terminated in 1995 93/0811, no measures notified, terminated in 1995 - 93/0872, no measures notified, terminated in 1995 Italy Luxembourg - United Kingdom 91/0157 Batteries containing dangerous substances Member States which have notified implementing measures: A, DK, EL, FIN, IRL, L, NL, P, S, UK Belgium - 92/1005, no measures notified, reasoned opinion to be sent in 1996 Germany - 92/1006, no measures notified, reasoned opinion in 1994 Greece Spain - 92/1007, no measures notified, terminated in 1995 - 92/1008, no measures notified, referral scheduled for 1996 France Italy - 92/1009, no measures notified, referral scheduled for 1996 - 92/1011, no measures notified, referral in 1995, Case Portugal United Kingdom C-95/303 - 92/1013, no measures notified, terminated in 1995 - 92/1014, no measures notified, terminated in 1995 Belgium - 94/2271, not properly applied, reasoned opinion to be sent in 1996 91/0244 Conservation of wild birds Member States which have notified implementing measures: A, DK, D, EL, E, F, FIN, IRL, I, L, NL, P, S, UK Denmark Greece Luxembourg Netheriands - 93/0063, no measures notified, terminated in 1995 - 93/0901, no measures notified, reasoned opinion in 1995 - 93/0352, no measures notified, terminated in 1995 - 93/0393, no measures notified, terminated in 1995 375 Belgium - 93/2123, not properly implemented, reasoned opinion to be sent in 1996 91/0271 Urban waste-water treatment Member States which have notified implementing measures:A, DK, F, FIN, IRL, L, S Germany - 93/0669, no measures notified, referral in 1995, Case C-95/297 Greece - 93/0718, no measures notified, referral in 1995, Case Spain C-95/161 - 93/0721, no measures notified, referral scheduled for 1996 Ireland Italy - 93/0763, no measures notified, terminated in 1995 - 93/0786, no measures notified, referral in 1995, Case C-95/302 United Kingdom - 93/0873, no measures notified, reasoned opinion in 1994 91/0325 Labelling of dangerous substances (double deadline for transposai: 08. 06. 91 and 01. 07. 92) Member States which have notified implementing measures: A, B, DK, D, EL, E, F, FIN, IRL, I, L, NL, P, S, UK Belgium Belgium Portugal Portugal United Kingdom - 92/0061, no measures notified, terminated in 1995 - 92/0663, no measures notified, terminated in 1995 - 92/0480, no measures notified, terminated in 1995 - 92/0905, no measures notified, terminated in 1995 - 92/0928, no measures notified, terminated in 1995 91/0326 Labelling of dangerous substances Member States which have notified implementing measures: A, B, DK, D, EL, E, F, FIN, IRL, L, NL, P, S, UK Belgium - 92/0664, no measures notified, terminated in 1995 Italy Portugal - 92/0904, no measures notified, terminated in 1995 - 92/0830, no measures notified, reasoned opinion in 1995 376 91/0410 Labelling of dangerous substances Member States which have notified implementing measures: A, DK, D, EL, E, FIN, IRL, L, S Belgium - 92/0666, no measures notified, reasoned opinion to be sent in 1996 - 92/0832, no measures notified, reasoned opinion in 1994 Italy Portugal - 92/0902, no measures notified, referral scheduled for 1996 - 92/0930, no measures notified, reasoned opinion United Kingdom in 1994 91/0632 Labelling of dangerous substances Member States which have notified implementing measures: all Belgium Italy Netheriands - 93/0624, no measures notified,terminated in 1995 - 93/0788, no measures notified, terminated in 1995 - 93/0832, no measures notified, terminated in 1995 Portugal United Kingdom - 93/0848, no measures notified, terminated in 1995 - 93/0875, no measures notified, terminated in 1995 91/0676 Pollution of water by nitrates of agricultural origin Member States which have notified implementing measures: A, DK, F, FIN, L, S Belgium - 94/2239, not properly implemented, reasoned opinion to be sent in 1996 Spain - 94/2240, not properly implemented, reasoned opinion to be sent in 1996 Netheriands - 94/2242, not properly implemented, reasoned opinion to be sent in 1996 Italy Greece - 94/2245, not properly implemented, reasoned opinion to be sent in 1996 - 94/2247, not properly implemented, reasoned opinion to be sent in 1996 377 91/0689 Hazardous waste Member States which have notified implementing measures: A, D, FIN, NL, S United Kingdom - 95/0629, no measures notified, Art. 169 letter in 1995 Portugal Luxembourg - 95/0601, no measures notified, Art. 169 letter in 1995 95/0565, no measures notified, Art. 169 letter in - 1995 Italy Ireland France Spain Greece Denmark Belgium - 95/0539, no measures notified, Art. 169 letter in 1995 - 95/0521, no measures notified, Art. 169 letter in 1995 - 95/0498, no measures notified, Art. 169 letter in 1995 - 95/0474, no measures notified, Art. 169 letter in 1995 - 95/0448, no measures notified, Art. 169 letter in 1995 - 95/0419, no measures notified, Art. 169 letter in 1995 - 95/0391, no measures notified, Art. 169 letter in 1995 92/0003 Shipments of radioactive waste Member States which have notified implementing measures: A, DK, E, FIN, IRL, I, L, NL, S, UK - 94/0413, no measures notified, Art. 169 letter in 1994 Belgium - 94/0400, no measures notified, Art. 169 letter in 1994 Germany Greece Spain Italy - 94/0464, no measures notified, terminated in 1995 Portugal - 94/0487, no measures notified, Art. 169 letter in 1994 - 94/0428, no measures notified, Art. 169 letter in 1994 - 94/0434, no measures notified, terminated in 1995 92/0014 Operation of aeroplanes Member States which have notified implementing measures: A, B, D, DK, EL, E, F, FIN, I, IRL, L, NL, P, S, UK Germany Italy - 92/0709, no measures notified, terminated in 1995 - 92/0837, no measures notified, terminated in 1995 92/0032 Labelling of dangerous substances Member States which have notified implementing measures: A, DK, D, E, EL, F, FIN, IRL, L, NL, S, UK 378 - 93/1028, no measures notified, terminated in 1995 - 93/0998, no measures notified, terminated in 1995 Belgium - 93/0970, no measures notified, reasoned opinion in 1995 Greece Spain France Italy - 93/1011, no measures notified, terminated in 1995 - 93/1044, no measures notified, reasoned opinion to be sent in 1996 - 93/1064, no measures notified, terminated in 1995 - 93/1056, no measures notified, terminated in 1995 Luxembourg „ Netheriands Portugal - 93/1075, no measures notified, referral scheduled for 1996 United Kingdom - 93/1086, no measures notified, terminated in 1995 92/0037 Labelling of dangerous substances Member States which have notified implementing measures: all - 94/0137, no measures notified, terminated in 1995 Belgium r 94/0009, no measures notified, terminated in 1995 Spain Italy Portugal United Kingdom - 94/0235, no measures notified, terminated in 1995 - 94/0335, no measures notified, terminated in 1995 - 94/0368, no measures notified, terminated in 1995 92/0043 Conservation of natural habitats and wild fauna and flora Member States which have notified implementing measures: A, B, DK, FIN, IRL, L, NL, S, UK Germany - 94/0645, no measures notified, reasoned opinion to be sent in 1996 - 94/703, no measures notified, reasoned opinion in 1995 - 94/0659, no measures notified, Art. 169 letter in 1994 Greece Spain France Italy Portugal - 94/0748, no measures notified, reasoned opinion in 1995 - 94/0766, no measures notified, terminated in United Kingdom 1995 - 94/0673, no measures notified, Art. 169 letter in 1994 - 94/0718, no measures notified, Art. 169 letter in 1994 92/0069 Labelling of dangerous substances 379 Member States which have notified implementing measures: A, DK, D, E, EL, F, FIN, IRL, L, NL, S, UK Belgium - 93/0973, no measures notified, reasoned opinion in 1995 Greece Spain Italy - 93/1000, no measures notified, terminated in 1995 - 93/1047, no measures notified, reasoned opinion to be sent - 93/1025, no measures notified, terminated in 1995 in 1996 Portugal - 93/1077, no measures notified, referral scheduled for 1996 92/0072 Air pollution by ozone Member States which have notified implementing measures: A, B, DK, E, D, FIN, IRL, L, S, UK Belgium - 94/0517, no measures notified, terminated in 1995 Greece Spain France Italy Netheriands - 94/0547, no measures notified, reasoned opinion in 1995 - 94/0549, no measures notified, terminated in 1995 - 94/0555, no measures notified, reasoned opinion in 1995 - 94/0568, no measures notified, reasoned opinion in 1995 - 94/0583, no measures notified (to be terminated in 1996) Portugal - 94/0590, no measures notified, reasoned opinion in 1995 United Kingdom - 94/0599, no measures notified, terminated in 1995 92/0112 Pollution - titanium dioxide. Member States which have notified implementing measures: A, DK, D, E, EL, F, FIN, I, IRL, L, NL, P, S, UK Belgium - 93/0638, no measures notified, referral scheduled for 1996 Greece Ireland Italy Portugal United Kingdom - 93/0698, no measures notified, terminated in 1995 - 93/0781, no measures notified, terminated in 1995 - 93/0801, no measures notified, terminated in 1995 - 93/0865, no measures notified, terminated in 1995 - 93/0888, no measures notified, terminated in 1995 380 93/0012 Sulphur content of liquid fuels Member States which have notified implementing measures: A, D, DK, EL, F, FIN, IRL, L, NL, P, S, UK, Belgium - 94/0519, no measures notified, suppl. Art. 169 letter to be sent in 1996 Germany Spain - 94/0534, no measures notified, terminated in 1995 - 94/0552, no measures notified, suppl. Art. 169 letter to be sent in 1996 France Italy - 94/0558, no measures notified, terminated in 1995 - 94/0571, no measures notified, suppl. Art. 169 letter to be sent in 1996 Portugal - 94/0593, no measures notified, terminated in 1995 93/0021 Labelling of dangerous substances Member States which have notified implementing measures: A, DK, D, E, EL, F, FIN, IRL, L, NL, S, UK Belgium - 94/0782, no measures notified, reasoned opinion to be sent in 1996 - 94/0989, no measures notified, terminated in 1995 - 94/0826, no measures notified, terminated in 1996 - 94/0876, no measures notified, Art. 169 letter in 1995 Greece Spain Italy Luxembourg Portugal - 94/0933, no measures notified, Art. 169 letter in 1995 United Kingdom 94/0900, no measures notified, terminated in 1995 - 94/0956, no measures notified, terminated in 1995 - 93/0067 Principles for assessment of risks Member States which have notified implementing measures: A, DK, D, E, F, FIN, IRL, L, NL, S - 93/0996, no measures notified, terminated in 1995 - 93/1020, no measures notified, reasoned opinion in 1995 - 93/1005, no measures notified, terminated in 1995 Belgium - 93/0978, no measures notified, reasoned opinion in 1995 Germany Greece Spain France Ireland Italy - 93/1019, no measures notified, terminated in 1995 - 93/1041, no measures notified, terminated in 1995 - 93/1054, no measures notified, referral in 1995, Case C-95/238 381 Luxembourg Netheriands - 93/1072, no measures notified, terminated in 1995 - 93/1062, no measures notified, terminated in 1995 Portugal - 93/1084, no measures notified, reasoned opinion in 1995 - 93/1095, no measures notified, reasoned opinion United Kingdom in 1994 93/0072 Labelling of dangerous substances Member States which have notified implementing measures: A, DK, D, E, EL, F, FIN, IRL, L, NL, S, UK - 94/0978, no measures notified, terminated in 1995 Belgium - 94/0791, no measures notified, Art. 169 letter in 1995 Greece Spain Italy Luxembourg Portugal - 94/0943, no measures notified, Art. 169 letter in 1995 United Kingdom - 94/0831, no measures notified, terminated in 1995 - 94/0885, no measures notified, Art. 169 letter in 1995 94/0907, no measures notified, terminated in 1995 - 94/0965, no measures notified, terminated in 1995 - 93/0086 Batteries and accumulators containing certain dangerous substances Member States which have notified implementing measures: A, DK, EL, FIN, IRL, L, NL, P, S, UK Belgium - 94/0032, no measures notified, reasoned opinion in 1995 - 94/0094, no measures notified, reasoned opinion in Germany 1995 Greece Spain - 94/0100, no measures notified, terminated in 1995 - 94/0162, no measures notified, reasoned opinion in 1995 France Italy Portugal United Kingdom - 94/0193, no measures notified, referral scheduled for 1996 - 94/0261, no measures notified, reasoned opinion in 1995 - 94/0360, no measures notified, terminated in 1995 -. 94/0392, no measures notified, terminated in 1995 93/0090 Labelling of dangerous substances Member States which have notified implementing measures: A, D, DK, E, EL, F, FIN, IRL, NL, S 382 Belgium - 94/0033, no measures notified, Art. 169 letter in 1994 - 94/0095, no measures notified, terminated in 1995 Germany Greece Spain Italy Luxembourg - 94/0163, no measures notified, terminated in 1995 - 94/0262, no measures notified, reasoned opinion in 1994 94/0296, no measures notified, Art. 169 letter in - 94/0099, no measures notified, terminated in 1995 - 1994 Portugal United Kingdom - 94/0361, no measures notified, Art. 169 letter in 1994 - 94/0393, no measures notified, reasoned opinion in 1994 93/0101 Labelling of dangerous substances Member States which have notified implementing measures: A, D, DK, F, FIN, IRL, NL, S, UK Belgium - 95/0230, no measures notified, Art. 169 letter in 1995 Luxembourg 95/0337, no measures notified, Art. 169 letter in - 1995 - 95/0319, no measures notified, Art. 169 letter in 1995 - 95/0268, no measures notified, Art. 169 letter in 1995 Italy Greece Spain Portugal - 95/0361, no measures notified, Art. 169 letter in 1995 - 95/0286, no measures notified, Art. 169 letter in 1995 93/0105 Information required for technical dossiers Member States which have notified implementing measures: A, D, DK, E, EL, F, FIN, IRL, L, NL, S Belgium Germany Greece Spain Italy Portugal - 94/0035, no measures notified, reasoned opinion in 1995 - 94/0097, no measures notified, terminated in 1995 - 94/0098, no measures notified, terminated in 1995 - 94/0164, no measures notified, terminated in 1995 - 94/0263, no measures notified, reasoned opinion in 1995 - 94/0362, no measures notified, reasoned opinion in 1995 United Kingdom - 94/0395, no measures notified, reasoned opinion in 1994 94/0015 383 Genetically modified organisms Member States which have notified implementing measures: A, DK, F, FIN, I, IRL, NL, P, S Belgium - 94/0634, no measures notified, reasoned opinion to be sent in 1996 Germany Spain - 94/0658, no measures notified, Art. 169 letter in 1994 - 94/0672, no measures notified, reasoned opinion in 1995 France Greece Ireland Italy Luxembourg - 94/0686, no measures notified,terminated in 1995 - 94/0687, no measures notified, reasoned opinion in 1995 - 94/0717, no measures notified, terminated in 1995 - 94/0731, no measures notified, terminated in 1995 94/0742, no measures notified, reasoned opinion to - be sent in 1996 - 94/0764, no measures notified, terminated in 1995 Portugal United Kingdom - 94/0775, no measures notified, Art. 169 letter in 1994 94/0024 Conservation of wild birds Addressee: Italy Member States which have notified implementing measures: I 94/0051 Genetically modified organisms Member States which have notified implementing measures: A, D, DK, F, FIN, I, NL, S Luxembourg - 95/0344, no measures notified, Art. 169 letter in 1995 Ireland Belgium Greece Spain - 95/0312, no measures notified, Art. 169 letter in 1995 - 95/0239, no measures notified, Art. 169 letter in 1995 - 95/0277, no measures notified, Art. 169 letter in 1995 95/0290, no measures notified, Art. 169 letter in - 1995. Portugal United Kingdom - 95/0371, no measures notified, Art. 169 letter in 1995 - 95/0385, no measures notified, Art. 169 letter in 1995 94/0063 384 Volatile organic compound emissions Member States which have notified implementing measures: A, DK, F, I, NL 94/0066 Emission of pollutants into the air Member States which have notified implementing measures: A, D, DK, F, FIN, L, NL, S, UK Portugal Italy Ireland Spain - 95/0620, no measures notified, Art. 169 letter in 1995 - 95/0555, no measures notified, Art. 169 letter in 1995 - 95/0532, no measures notified, Art. 169 letter in 1995 95/0491, no measures notified, Art. 169 letter in - 1995 Greece Belgium - 95/0465, no measures notified, Art. 169 letter in 1995 - 950409, no measures notified, Art. 169 letter in 1995 95/0027 Excavators, dozers and excavator-loaders Member States which have notified implementing measures: I, FIN, NL,UK 385 7. TRANSPORT 62/2005 Carriage of goods by road Member States which have notified implementing measures: all 74/0561 Carriage of goods by road Member States which have notified implementing measures: all 74/0562 Admission to the occupation of road passenger transport operator Member States which have notified implementing measures: all 76/0135 Inland waterway vessels Member States which have notified implementing measures: all except FIN and S 76/0914 Training for road transport drivers Member States which have notified implementing measures: all except FIN 77/0143 Roadworthiness tests for motor vehicles Member States which have notified implementing measures: all 77/0796 Mutual recognition of qualifications - goods haulage operators Member States which have notified implementing measures: all 78/1016 Inland waterway vessels Member States which have notified implementing measures: all 386 79/0115 Pilotage of vessels Member States which have notified implementing measures: all except A 80/1263 Community driving licence Member States which have notified implementing measures: all 80/1266 Mutual assistance - aircraft accidents Member States which have notified implementing measures: all 82/0714 Inland waterway vessels Member States which have notified implementing measures: all except FIN and S 84/0647 Vehicles hired without drivers Member States which have notified implementing measures: all except A 85/0003 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all 86/0360 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all 86/0364 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all 387 87/0540 Admission to the occupation of carrier of goods by waterway Member States which have notified implementing measures: A, D, EL, E, F, IRL, I, L, NL, P, UK Belgium - 89/0364, no measures notified, referral in 1990 - Case C-90/377, Art. 171 letter in 1993, reasoned opinion (171) to be sent in 1996 - 93/2202, not properly implemented, Art. 169 letter in Germany 1994, reasoned opinion in 1995 88/0218 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all 88/0449 Roadworthiness tests for motor vehicles Member States which have notified implementing measures: all 88/0599 Road transport - Social provisions - recording equipment Member States which have notified implementing measures: A, B, DK, D, EL, E, F, IRL, L, NL, P, S, UK Italy - 90/0061, no measures notified, referral in 1993 - Case C-93/289, Art. 171 letter in 1995 Belgium - 90/0052, no measures notified, referral in 1993 - Case C-93/336, Art. 171 letter in 1994, terminated in 1995. 89/0338 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all 89/0438 Admission to the occupation of road haulage operator Member States which have notified implementing measures: all 388 Luxembourg - 92/2199, not properly implemented, Art. 169 letter in 1993, reasoned opinion in 1995 89/0459 Tyres of motor vehicles Member States which have notified implementing measures: all. 89/0461 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all. 89/0684 Training for drivers of vehicles carrying dangerous goods Member States which have notified implementing measures: all Greece - 94/043, no measures notified, Art. 169 letter in 1994, terminated in 1995 90/0398 Vehicles hired without drivers Member States which have notified implementing measures: all except A Portugal - 91/0524, no measures notified, reasoned opinion in 1993, terminated in 1995 91/0060 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all. 91/0328 Roadworthiness tests for motor vehicles and their trailers Member States which have notified implementing measures: A, B, DK, D, EL, E, FIN, F? I, L, NL, P, S, UK Ireland - 93/0764, no measures notified, Art. 169 letter in 1993 91/0440 389 Development of railways Member States which have notified implementing measures: A, B, DK, D, E, FIN, F, IRL, I, L, NL, P, S, UK Belgium - 94/0399, no measures notified, Art. 169 letter in 1994, terminated in 1995 Denmark - 94/0407, no measures notified, Art. 169 letter in 1994, Greece Spain France Italy - - - - Luxembourg terminated in 1995 94/0429, no measures notified, Art. 169 letter in 1994, reasoned opinion in 1995 94/0433, no measures notified, Art. 169 letter in 1994, terminated in 1995 94/0443, no measures notified, Art. 169 letter in 1994, terminated in 1995 94/0463, no measures notified, Art. 169 letter in 1994, terminated in 1995 - 94/047, no measures notified, Art. 169 letter in 1994, terminated in 1995 Portugal - 94/0486, no measures notified, Art. 169 letter in 1994, terminated in 1995 91/0670 Mutual acceptance of personnel licences in civil aviation Member States which have notified implementing measures: all France - 93/4916 and 93/4959, not properly applied, reasoned opinion in 1995. United Kingdom - 92/0644, no measures notified, Art. 169 letter in 1992, terminated in 1995. 91/0671 Use of safety belts Member States which have notified implementing measures: A, DK, D, EL, E, FIN, F, IRL, I, L, NL, P, S, UK Belgium - 93/0018, no measures notified, reasoned opinion in 1995. 390 91/0672 Boatmasters' certificates for inland waterways Member States which have notified implementing measures: all Germany - 93/0089, no measures notified, Art. 169 letter in 1993, terminated in 1995. 92/0006 Speed limitation devices for certain categories of motor vehicles Member States which have notified implementing measures: A, B, DK, D, EL, E, FIN, F, IRL, I, L, NL, S, UK Italy - 93/1043, no measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/1074, no measures notified, Art. 169 letter in 1993, reasoned opinion in 1995 92/0007 Weights and dimensions of motor vehicles Member States which have notified implementing measures: all 92/0054 Roadworthiness tests for motor vehicles and their trailers (brakes) Member States which have notified implementing measures: A, B, DK, D, EL, E, FIN, F, IRL, L, NL, P, S, UK Italy - 93/0793, no measures notified, Art. 169 letter in 1993 Greece - 93/0710, no measures notified, Art. 169 letter in 1993, terminated in 1995 Ireland - 93/0771, no measures notified, Art. 169 letter in 1993, terminated in 1995 92/0055 Roadworthiness tests for motor vehicles and their trailers (exhaust emissions) Member States which have notified implementing measures: all Greece - 93/0709, no measures notified, Art. 169 letter in 1993, terminated in 1995 France - 93/0745, no measures notified, Art. 169 letter in 1993, terminated in 1995 391 Ireland - 93/0772, no measures notified, Art. 169 letter in 1993, Luxembourg terminated in 1995 - United Kingdom 93/0819, no measures notified, Art. 169 letter in 1993, terminated in 1995 - 93/0880, no measures notified^ Art. 169 letter in 1993, terminated in 1995 92/106 Combined transport Member States which have notified implementing measures: A, DK, D, E, FIN, F, IRL, I, L, NL, P, S, UK Belgium - 93/0636, no measures notified, Art. 169 letter in 1993 - 93/0754, no measures notified, Art. 169 letter in 1993, France terminated in 1995 Greece Italy - 93/0701, no measures notified, Art. 169 letter in 1993 - 93/0799 - no measures notified, Art. 169 letter in 1993, terminated in 1995 Portugal - 93/0863, no measures notified, Art. 169 letter in 1993, terminated in 1995 93/0065 Air-traffic management systems Member States which have notified implementing measures: DK, D, FIN, IRL, L, NL, S, UK Belgium - 95/0394, no measures notified, Art. 169 letter in 1995 Greece - 94/0982, no measures notified, Art. 169 letter in 1995 Spain - 94/0843, no measures notified, Art. 169 letter in 1995 France Italy - 95/0542, no measures notified, Art. 169 letter in 1995 Portugal - 94/0940, no measures notified, Art. 169 letter in 1995 - 95/0477, no measures notified, Art. 169 letter in 1995 93/0075 Shipment of dangerous or polluting goods - minimum standards Member States which have notified implementing measures: A, D, EL, FIN, S Belgium - 94/0793, no measures notified, Art. 169 letter in 1995 Denmark - 94/0804, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995 392 Spain - 94/0833, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995 France Ireland Italy - - 94/0847, no measures notified, Art. 169 letter in 1995 - 94/0863, no measures notified, Art. 169 letter in 1995 94/0887, no measures notified, Art. 169 letter in 1995, Netheriands reasoned opinion in 1995 - 94/0921, no measures notified, Art. 169 letter in 1995 Portugal - 95/0360, no measures notified, Art. 169 letter in 1995 United Kingdom - 94/0966, no measures notified, Art. 169 letter in 1995, reasoned opinion in 1995 93/0089 Taxes on certain vehicles used for the carriage of goods by road Member States which have notified implementing measures: A, D, DK, FIN, NL, UK - 95/0082, no measures notified, Art. 169 letter in 1995 Belgium - 95/0024, no measures notified, Art. 169 letter in 1995 - 95/0066, no measures notified, Art. 169 letter in 1995 Greece Spain France Ireland Italy Luxembourg - 95/0103, no measures notified, Art. 169 letter in 1995 - 95/0115, no measures notified, Art. 169 letter in 1995 - 95/0133, no measures notified, Art. 169 letter in 1995 95/0148, no measures notified, Art. 169 letter in 1995 - Portugal - 95/0178, no measures notified, Art. 169 letter in 1995 94/0021 Summertime Member States which have notified implementing measures: A, B, D, EL, E, FIN, F, IRL, L, S. Belgium - 95/0028, no measures notified, Art. 169 letter in 1995, Denmark Ireland terminated in 1995 - 95/0036, no measures notified, Art. 169 letter in 1995 - 95/012, no measures notified, Art. 169 letter in 1995, terminated in 1995 Italy - Netheriands 95/0138, no measures notified, Art. 169 letter in 1995 - 95/0161, no measures notified, Art. 169 letter in 1995 Portugal - 95/0185, no measures notified, Art. 169 letter in 1995 393 United Kingdom - 95/0207, no measures notified, Art. 169 letter in 1995 8. ENERGY 68/0414 Crude-oil stocks Member States which have notified implementing measures: all 72/0425 Crude-oil stocks Member States which have notified implementing measures: all 73/0238 Oil supply difficulties Member States which have notified implementing measures: all 75/0339 Fossil fuel stocks Member States which have notified implementing measures: all except FIN 75/0405 Use of petroleum products in power stations Member States which have notified implementing measures: all 76/0491 Information on oil prices Member States which have notified implementing measures: all 78/0170 Heat generators Member States which have notified implementing measures: all F * 394 82/0885 Heat generators Member States which have notified implementing measures: all 85/0536 Crude-oil savings Member States which have notified implementing measures: all 87/0441 Crude-oil savings Member States which have notified implementing measures: all except FIN 90/0377 Transparency of gas and electricity prices Member States which have notified implementing measures: all except E Spain - 92/0165, no measures notified, reasoned opinion in 1994 90/0547 Transit of electricity through transmission grids Member States which have notified implementing measures: all 90/0653 Gas and electricity prices (addressed to Germany) Member States which have notified implementing measures: D 91/0296 Transit of natural gas through grids Member States which have notified implementing measures: all except FIN andP Germany Spain - 92/0133, no measures notified, terminated in 1995 - 92/0181, no measures notified, (to be terminated in 1996) France Portugal - 92/0481, no measures notified, reasoned opinion in 1994 - 92/0221, no measures notified, terminated in 1995 395 92/0042 Efficiency requirements for hot-water boilers Member States which have notified implementing measures: DK, D, EL, E, FIN, F, IRL, NL, S, UK. Belgium - 93/0971, no measures notified, reasoned opinion in 1995. Luxembourg - 93/1065, no measures notified, reasoned opinion in 1995. Portugal - 93/1076, no measures notified, reasoned opinion in 1995. - 93/1045, no measures notified, reasoned opinion in Italy 1995. 92/0075 Information on the consumption of energy by household appliances Member States which have notified implementing measures: all Belgium Germany Ireland Italy Luxembourg - 93/0629, no measures notified, terminated in 1995. - 93/0677, no measures notified, terminated in 1995. - 93/0773, no measures notified, terminated in 1995. - 93/0795, no measures notified, terminated in 1995. - 93/0820, no measures notified, terminated in 1995. 93/0076 Carbon dioxide emissions Member States which have notified implementing measures: F, IRL, NL. - no measures notified, Art. 169 letter in 1995. - no measures notified, Art. 169 letter in 1995. - no measures notified, Art. 169 letter in 1995. Germany Belgium - no measures notified, Art. 169 letter in 1995. Denmark Spain Greece Italy Luxembourg Portugal - no measures notified, Art. 169 letter in 1995. - no measures notified, Art. 169 letter in 1995. - no measures notified, Art. 169 letter in 1995. no measures notified, Art. 169 letter in 1995. - 396 94/0002 Energy labelling of refrigerators, freezers and their combinations Member States which have notified implementing measures: A, DK, EL, E, FIN, F, IRL, NL, P, S, UK. Belgium - no measures notified, Art. 169 letter in 1995. Germany Italy Luxembourg - no measures notified, Art. 169 letter in 1995. - no measures notified, Art. 169 letter in 1995. no measures notified, Art. 169 letter in 1995. - 94/0022 Authorizations hydrocarbons Member States which have notified implementing measures: A, DK, D, EL, F, P, UK (Luxembourg not required to transpose). the prospection, exploration and production of for Belgium - no measures notified, Art. 169 letter in 1995. - no measures notified, Art. 169 letter in 1995. Spain - no measures notified, Art. 169 letter in 1995. Italy - no measures notified, Art. 169 letter in 1995. Ireland Netheriands no measures notified, Art. 169 letter in 1995. - 397 ANNEX V JUDGMENTS OF THE COURT OF JUSTICE NOT YET IMPLEMENTED 398 BELGIUM Judgment given on 19/10/81, Case C-137/80 Judgment given on 03/10/89, Case C-383/85 Transfer of pension rights The Act of 21. 5. 91 gives effect to the Court's judgment except as regards Article 11(2) of Annex 8 to the Staff Regulations (situation of self-employed persons) on which the Commission is awaiting the implementing Royal Decree. Judgment given on 02/02/82, Case, C-71/81 Judgment given on 14/01/88, Case C-230/85 Disposal of polychlorinated biphenyls and terphenyls (PCB). Article 171 proceedings are in motion. Judgment given on 08/07/87, Case C-247/85 Wild birds. Article 171 proceedings are in motion. Judgment given on 27/09/88, Case C-42/87 Judgment given on 03/05/94, Case C-47/93 Discrimination in public financing - non-university further education The Commission has commenced Article 171 proceedings. Judgment given on 19/02/91, Case C-375/89 Aid for Idealspun/Beaulieu. The Belgian authorities have commenced proceedings in the national courts to recover the unlawful aid. Judgment was given on 20. 09. 94. The company has appealed against the substance and against enforcement. 399 Judgment given on 16/05/91, Case C-l67/90 Pharmacists: Pharmacists - coordination and mutual recognition of qualifications. Article 171 proceedings are in motion. Judgment given on 11/06/91, Case C-290/89 Surface water. Belgium has notified a plan of action for the Flemish and Walloon Regions. Article 171 proceedings are in motion. Judgment given on 26/02/92, Case C-3 77/90 Carriage of goods by inland waterway - access to the occupation. Transposai legislation has been notified. The Commission is awaiting its formal enactment. Judgment given on 10/11/92, Case C-326/90 Covert discrimination regarding social security benefits. Belgium has adapted its legislation in response to a judgment by the Court of Justice, but a problem remains; Article 171 proceedings are in motion. Judgment given on 17/02/93, Case C-173/91 Equal treatment of men and women. Discrimination based on age. Article 171 proceedings are in motion. Judgments given on 24/03/94, Case C-80/92 Free movement of wireless telephones. Progress is being made. Judgment given on 03/05/94, Case C-260/93 Sewage sludge used in agriculture. Article 171 proceedings have been commenced. 400 Judgment given on 19/01/95, Case C-66/94 Imports of animals and meat - health checks. Article 171 proceedings have been commenced. Judgment given on 04/05/95, Case C-218/94. Telecommunications terminal equipment. Satisfactory legislation has been notified to the Commission at draft stage. It has not yet been enacted. Judgment given on 13/07/95, Case C-216/94. Mutual recognition of qualifications - higher education Article 171 proceedings have been commenced. Judgment given on 12/10/95, Case C-236/94. Restrictions on marketing and use of certain dangerous substances and preparations. Recent judgment. GERMANY Judgment given on 03/07/90, Case C-288/88 Wild birds, legislation, shooting laws. The Commission has been notified of satisfactory Bills. Article 171 proceedings are in motion pending their enactment. Judgment given on 20/09/90 Bug-Alutechnik - repayment of a grant. National recovery proceedings are still in motion. 401 Judgment given on 28/02/91, Case C-131/88 Groundwater. The German authorities have not notified measures to comply with the Court's judgment. Article 171 proceedings are in motion. Judgment given on 17/10/91, Case C-58/89 Surface water, not properly implemented. The German authorities have not notified the measures taken to comply with the Court's judgment. Article 171 proceedings are in motion. Judgment given on 10/05/95, Case C-422/92 Waste disposal. The Commission has contacted the German authorities to ascertain what measures are planned to comply with the Court's judgment. GREECE Judgment given on 15/03/88, Case C-147/86 Judgment given on 30/01/92, Case C-328/90 Ban on opening a private school (Frontistirion); nationality discrimination. The Decree being unsatisfactory, the Commission has recommenced Article 171 proceedings. Judgment given on 08/11/90, Case C-53/88 Protection of workers in the event of the employer's insolvency. Article 171 proceedings are in motion Judgment given on 26/02/91, Case C-189/89 Restrictions on freedom to provide services - tourist guides. 402 The Greek authorities have sent notification of a Presidential Decree to comply with the Court's judgment as regards legislation on tourist guides. The Greek authorities have been asked to supply additional explanations, with details as to the timing. Judgment given on 07/04/92, Case C-45/91 Village waste in Crete. Article 171 proceedings are in motion. Judgment given on 23/03/95, Case C-365/93 Mutual recognition of qualifications - higher education. Article 171 proceedings have been commenced: Judgment given on 01/06/95, Case C-123/94 Nationality discrimination. The Commission has commenced Article 171 proceedings. Judgment given on 29/06/95, Case C-79/94 Motor vehicles - third-party insurance. Article 171 proceedings have been commenced: Judgment given on 29/06/95, Case C-l70/94 Confined use of genetically-modified micro-organisms. Voluntary release of genetically- modified micro-organisms into the environment. The Greek authorities notified satisfactory legislation at the end of December. Judgment given on 29/06/95, Case C-207/94 Freedom to provide services - non-life insurance. Article 171 proceedings have been commenced. 403 Judgment given on 29/06/95, Case C-225/94 Direct life assurance. Article 171 proceedings have been commenced. Judgment given on 06/07/95, Case C-259/94. Open network provision - leased lines. The Commission has received draft legislation settling part of the problem; it is in contact with the Greek authorities. Judgment given on 11/08//95, Case C-260/94 Telecommunications terminal equipment. The Greek authorities have notified the Commission of satisfactory legislation. The case is being terminated. SPAIN Judgment given on 02/08/93, Case C-355/90 Conservation of wild birds at Santona The Commission has commenced Article 171 proceedings. Judgment given on 17/11/93, Case C-71/92 Public works and supply contracts. Article 171 proceedings have been commenced. No progress to report. Judgment given on 15/03/94, Case C-45/93 Nationality discrimination - access to museums. Spanish national legislation has been amended; regional measures are still awaited. 404 Judgment given on 22/03/94, Case C-375/92 Restrictions on freedom to provide services as tourist guides. Progress. Judgment given on 23/03/94, Case C-268/93 Good laboratory practice. Article 171 proceedings have been commenced. Judgment given on 03/05/94, Case C-328/92 Public supply contracts for pharmaceutical products to the social security authorities. Progress. Judgment given on 06/12/94, Case C-277/93 Doctors' remuneration. The Commission has contacted the Spanish authorities to ascertain what measures are planned to comply with the Court's judgment Judgment given on 06/04/95, Case C-147/94 Motor vehicles - third-party insurance. Article 171 proceedings have been commenced. Judgment given on 12/10/95, Case C-242/94 Direct life assurance. Recent judgment. Judgment given on 14/12/95, Case C-l6/95 Incorrect application of 8th VAT Directive. Recent judgment. 405 FRANCE Judgment given on 04/04/74, Case C-167/73 Access to employment on board ship. Article 171 proceedings are in motion. Judgment given on 27/04/88, C-252/85 Wild birds The Commission is pursuing the proceedings. Judgment given on 25/10/88, Case C-312/86 Equal treatment, access to employment. Only a part of the clauses found to be discriminatory have been changed during negotiations. Proceedings are in motion; progress has been made. Judgment given on 12/12/90, Case C-263/88 Refusal to allow freedom of establishment and freedom to provide services in the overseas territories. Article 171 proceedings are in motion. Judgment given on 26/02/91, Case C-154/89 Restrictions on freedom to provide services - tourist guides. Article 171 proceedings are in motion. Judgment given on 11/06/91, Case C-64/88 Fisheries: inadequate enforcement of technical conservation measures. Progress in implementing the Court's judgment is unsatisfactory; Article 171 proceedings are in motion. 406 Judgment given on 13/01/93, Case C-293/91 Defective products. Article 171 proceedings are in motion. Judgment given on 05/05/93, Case C-246/91 Cosmetics. Article 171 proceedings are in motion. Judgment given on 17/11/93, Case C-68/92 VAT on advertising services, double taxation. The offending circular has been withdrawn. A fresh circular complying with the Court's judgment is awaited. Article 171 proceedings are in motion. Judgment given on 07/12/95, Case C-52/95 Overfishing (anchovies). Recent judgment. Judgment given on 14/12/95, Case C-17/95 Protection of animals in transport. Checks and preventive measures - horse sickness. Recent judgment. IRELAND Judgment given on 11/08/95, Case C-240/94 Electromagnetic compatibility. The Commission has contacted the Irish authorities to ascertain what measures are planned to comply with the Court's judgment. 407 Judgment given on 14/12/95, Case C-l32/94 Organization of veterinary checks on products from non-member countries. Recent judgment. Judgment given on 14/12/95, Case C-138/94 Organization of veterinary checks on products from non-member countries. Recent judgment. Judgment given on 14/12/95, Case C-161/94 Veterinary and zootechnical checks in intra-Community trade in certain animals. Recent judgment. Judgment given on 14/12/95, Case C-162/94 Veterinary checks in intra-Community trade. Recent judgment. ITALY Judgment given on 15/11/83, Case C-322/82 Judgment given on 12/02/87, Case C-69/86 Quality standards - fruit and vegetables. There is satisfactory progress in implementing the judgment. Judgment given on 12/07/88, Case C-322/86 Judgment given on 09/03/94, Case C-291/93 Quality of fresh waters. Progress. Judgment given on 17/01/91, Case C-157/89 Protection of wild birds, shooting season. 408 A circular properly reflecting the undertakings entered into by the Italian authorities has been gazetted. However, since circulars are not a satisfactory means of incorporating a directive into national law, Article 171 proceedings have been commenced. Article 171 proceedings continue. Judgment given on 26/02/91, Case C-l80/89 Restrictions on freedom to provide services - tourist guides. Article 171 proceedings are in motion. Judgment given on 16/05/91, Case C-263/85 Contributions to Regions purchasing home-produced buses and trams. Regional preferences. The Italian national legislation has been adapted; the Commission is still awaiting enactment of regional legislation. Judgment given on 13/12/91, Case C-33/90 Waste-Campania. Article 171 proceedings are still in motion. Judgment given on 09/06/93, Case C-95/92 Radiation protection - medical examinations. Article 171 proceedings are in motion. Judgment given on 02/08/93, Case C-366/89 Monopoly for the collection and disposal of waste oils. Progress. Judgment given on 09/02/94, Case C-l 19/92 Customs agents' monopoly and scale of charges. Article 171 proceedings are in motion. 409 Judgment given on 23/02/94, Case C-289/93 Road transport - recording equipment. Article 171 proceedings are in motion. Judgment given on 26/04/94, Case C-272/91 Public procurement - computerized lottery systems. The Commission is still in contact with the Italian authorities. It is awaiting the enactment of measures to comply with the Court's judgment. Judgment given on 18/05/95, Case C-57/94 Public works contract: construction of Ascoli Mare road. The Commission has contacted the Italian authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 01/06/95, Case C-40/93 Access to the profession of dentist. The Commission has contacted the Italian authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 01/06/95, Case C-l82/94 Failure to notify legislation transposing two machine-tool directives. The Commission has contacted the Italian authorities to ascertain what measures are planned to comply with the Court's judgment. Judgment given on 12/10/95, Case C-257/94 Community measures to combat classical swine fever. Imports of animals and meat - health checks. Recent judgment. Judgment given on 30/11/95, Case C-l 18/95 Fruit-plant propagating material. Marketing of vegetable seedlings. Recent judgment. 410 LUXEMBOURG Judgment given on 16/06/92, Case C-351/90 Refusal to allow dentists to have two surgeries. The Luxembourg authorities have notified no legislation. Article 171 proceedings are in motion. Judgment given on 15/06/95, Case C-220/94 Open network provision - leased lines. The Commission has been notified of draft legislation, which is being scrutinized. Judgment given on 26/10/95, Case C-151/94 Income Tax Act - taxation of non-residents. , Recent judgment. THE NETHERLANDS Judgment given on 14/07/94, Case C-52/93 Technical standards - bulbs. The Commission has contacted the Dutch authorities. The requisite instruments are in process of notification. Judgment given on 14/07/94, Case C-61/93 Electronic kw/h meters. The Commission is awaiting enactment of the draft measures notified by the Dutch authorities. Judgment given on 17/01/95, Case C-93/94 Disposal and processing of animal waste. Article 171 proceedings have been commenced. 411 UNITED KINGDOM Judgment given on 18/02/92, Case C-30/90 Patent licences. The United Kingdom has notified the Commission of draft legislation. The Commission is awaiting its enactment. Progress. Judgment given on 25/11/92, Case C-337/89 The Commission has contacted the British authorities. The Commission regularly checks that the Court's judgment is properly implemented. Judgment given on 14/07/93, Case C-56/90 Bathing water quality: Blackpool and Southport. The Member State is rectifying matters. The Commission regularly checks that the Court's judgment is properly implemented. Judgment given on 24/03/94, Case C-40/92 MMB: restrictions on freedom to sell milk. Progress. Judgment given on 08/06/94, Case C-382/92 Transfers of undertakings. The United Kingdom is taking the measures needed to comply with the Court's judgment. Progress. Judgment given on 08/06/94, Case C-383/92 Collective redundancies. The United Kingdom is taking the measures needed to comply with the Court's judgment. Progress. 412 ANNEX VI APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS 413 APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS 1. Application of Article 177 of the EC Treaty In 1995 the Court of Justice of the European Communities received requests for preliminary rulings in cases where difficulties arose in the interpretation of Community law or where there were doubts as to the validity of Community instruments. The number of cases varies considerably from year to year but 1995, with 251 such cases, was the busiest year of preliminary ruling activity in recent times. Figures for the last six years are as follows: 1990: 142 cases 1991: 186 cases 1992: 162 cases 1993: 204 cases 1994: 203 cases 1995: 251 cases. In 1995, preliminary rulings accounted for about 60% of the total of 415 cases brought before the Court. As in previous years, cases were referred by courts in almost all Member States, Finland being the sole exception. But Finland is a new Member State, and courts in the other two new Member States did ask for preliminary rulings. There are wide variations between Member States. The number of rulings sought by the Italian, German and French courts, for instance, was around 60, 50 and 40 respectively, whereas courts in the United Kingdom and the Netherlands sought only 20 or so each. Moreover, their Spanish counterparts had only ten questions, which is less than the Belgian courts and the same as the Greek courts. When references are recorded at the Court of Justice Registry, they are published in full in the Official Journal of the European Communities. The two tables below show the number of references from each Member State and the number of cases referred by each court of final instance. 414 Number of references per Member State in 1995 (compared with 1994) Member State Total references 1995 (1994) References by courts of final instance 1995 (1994) Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Portugal United Kingdom Austria Sweden Finland 14 8 51 10 10 43 3 58 2 19 5 20 2 6 (19) (4) (44) (-)' (13) (36) (2) (46) (1) (13) (1) (24) (-) O 4 1 17 2 2 1 2 1 14 3 5 1 (2) (-) (11) (-) (5) (7) (-) (5) (1) (7) (-) (1) (-) (-) O 415 Origin of references by supreme courts: Belgium Germany Cour de Cassation/Hof van Cassatie Conseil d'Etat/Raad van State Bundesgerichtshof Bundesverwaltungsgericht Bundesfinanzhof Bundessozialgericht France Italy Cour de Cassation Consiglio di stato Luxembourg Conseil d'Etat Netherlands Raad van State Hoge Raad Centrale Raad van Beroep College van Beroep Tariefcommissie United Kingdom Court of Appeal Denmark Greece Ireland Austria Portugal House of Lords Hiajesteret Conseil d'Etat Supreme Court Oberste Gerichtshof Supremo tribunal amministrativo 2 2 3 4 9 1 2 2 1 2 8 1 1 2 3 2 1 2 1 1 3 416 Significant judgments of national courts of final instance 2. 1. Introduction Analysis of the judgments outlined below shows that national superior courts are paying more and more attention to Community law. The Commission has again had access to data gathered by the research and documentation department of the Court of Justice. It was thus able to identify decisions which applied Community law, though it should be pointed out that it is not possible, by consulting databases, to identify cases where national courts ought to have applied Community law but where the judgment contains no reference to it. Moreover, the Commission cannot undertake a systematic analysis of the mass of judgments delivered each year by the national superior courts. Each year, some 1200 judgments relating to Community law come to the attention of the research and documentation department. 2. 2. The research Research was carried out on the following questions in relation to decisions given or reported for the first time in 1995: 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 Foto-Frost, declared an act of a Community institution to be invalid? To what extent did national courts, applying the principles in Joined Cases 143/88 and 92/89 Zuckerfabrik Siiderditmarschen, stay the implementation of a national 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? 417 1. Question 1 In Belgium, the Court of Arbitration/13 sitting as court of final instance, dismissed two applications for annulment of national provisions introducing ecotaxes, i. e. taxes on products considered to be harmful to the environment and operating as an incentive to use environmentally friendly substitute products, for violation of the constitutional principle of equality coupled with, principally, Articles 6, 30 and 95 of the EC Treaty and Directive 83/189/EEC(2) establishing an information procedure for technical standards and regulations. The Court held that there was no such violation and dismissed the applicants' request in the alternative that the Court of Justice be asked for a preliminary ruling. Case 7/95 concerned the provisions applicable to containers of beverages, whereby PVC bottles were not eligible for exemption from or reduction of the ecotax. In practice, the applicants submitted, the legislation had a heavier impact on French producers and distributors of mineral waters as they, unlike their Belgian counterparts, used PVC bottles. The Court held that the Belgian legislation was not contrary to the constitutional principle of equality coupled with Article 95 of the EC Treaty, partly because it did not proceed from a desire to protect Belgian firms - Belgian PVC producers were among the applicants - and partly because it was open to any firm to use non-taxable containers. In Case 8/95 (application of ecotaxes to batteries), the Court held that, even if the system of refunds on the return of used batteries, on which exemption from the ecotax depended, was caught by Article 30 of the EC Treaty, it was not contrary to it. Being applicable as a blanket measure and being necessary on environmental protection grounds, it could not be replaced by measures that were less restrictive of intra-Community trade. The Court added that there were good grounds in the instant case for treating batteries not capable of being considered dangerous in the same way as those to which Directive 91/157/EEC(3) applied. Nor, it held, was there any evidence of discrimination against any of the applicants in the exercise of their rights by reason of the alleged absence of prior consultation of the parties concerned as required by the Directive. 1^ In both cases the Court held that the relevant provisions, requiring a label distinguishing products subject to ecotax from those which were not ecotaxable, were not within the scope of Directive 83/189/EEC. Even if o) (2) (3) (4) Cases 7 and 8/95, judgments given on 2. 2. 1995: [1995] Journal des tribunaux 470 and 474-477. Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations: OJ L 109, 26. 4. 1983, p. 8. Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances: OJ L 78, 26. 3. 1991, p. 4, as last amended by Council Directive 93/86/EEC: OJ L264, 23. 10. 1993, p. 51. Article 7. 418 a legal labelling obligation could be taken to constitute a "* technical specification', only the implementing rules were notifiable/5* In Spain, the Tribunal Supremo, a court of final instance, gave judgment on 27 March 1995(6) declining to refer to the Court of Justice requests for preliminary rulings on the interpretation and validity of Article 47 of Regulation No 1408/71(7) as regards computation of notional amounts payable by way of old-age insurance. It gave two reasons: first, the absence of reasonable doubt as to the proper application of the national and Community rules; and second, the impossibility of raising a point on appeal that had not been raised by the parties at the earlier (suplicaciôn) stage. But three Members of the Court issued a dissenting opinion to the effect that a preliminary ruling should have been requested. (8) Incidentally, a lower court, the Tribunal Superior de Justicia del Pais Vasco, by Orders made on 31 May(9) and 27 July 1994,(10) had referred cases to the Court of Justice for preliminary rulings on matters that were substantially the same as those now raised in the Tribunal Supremo. The Dutch Hoge Raad (Criminal Division) gave judgment on 16 May 1995,(ll) without seeking a preliminary ruling, in a case turning on the compatibility with Article 30 of the EC Treaty of the Dutch Waste Act, which prohibits vehicle demolition establishments from operating without a licence. The Act defines wrecked vehicles in such a way as to exclude damaged vehicles with valid Dutch registration plates and logbooks, so that no licence is required for the storage or processing of such vehicles. Since it is impossible for imported damaged vehicles to satisfy this requirement, the firm being prosecuted alleged that the legislation was contrary to Article 30. The Hoge Raad held that the Act was not contrary to Article 30 as the terms for licensing vehicle demolition firms were no more restrictive for imported vehicles than for Dutch vehicles. Its conclusion was not influenced by the fact that it was impossible to furnish an imported vehicle with a Dutch registration plate and logbook as this was not a term for licensing establishments. (5) (6) (7) (8) (9) (10) (11) Detailed rules implementing these general rules were referred for annulment to the Conseil d'Etat, which applied to the Court of Justice for a preliminary ruling on the interpretation of Directive 83/189/EEC: CE Case 56. 569, order of 4. 12. 1995; ECJ Case C-13/96. Gaceta Juridica de la C. E. Boletin 1995 n° 105, p. 59. Council Regulation (EEC) No 1408/71 of 14 June 1971 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. As to the second ground, note that the judgment of the Tribunal Supremo the Court of Justice on predates 14 December 1995 in Case C-312/93 Peterbroeck v Belgium and Joined Cases C-430 and 431/93 Van Schijndel v. Stichting Pensioenfonds. OJC316, 12. 11. 1994, p. 9. OJC386, 31. 12. 1994, p. 7. Officier van Justifie v Autohandel en -sloperij J. R. B. V. , NJ 1995, n° 567. judgments given by the 419 Still in the Netherlands, the Raad van State (Administrative Division) held, on 16 June 1995,(12) that it was not necessary to seek a preliminary ruling from the Court of Justice. The case concerned an appeal by individuals against a country planning decision relating to reinforcement of dikes. The complaints were specifically against the fact that the relevant plan had not been through the environment impact assessment procedure provided for by Directive 85/337/EEC. (13) The Act on which the plan was based, the Deltawet grote rivieren, excludes dike reinforcement works from the Directive's procedure. By decision of 8 March 1995, the Raad van State referred a question to the Court of Justice for a preliminary ruling,(14) namely whether certain dike reinforcement works were within the Directive's definition of ^ canalization and flood-relief works', but in the instant case it decided, without awaiting the Court's ruling, that in principle it was quite possible for the definition to extend to such works. The Raad van State went on to declare that the exception provided for by the Dutch Act was unfounded in relation to Article 1(5) of the Directive, which excluded from the Directive itself projects adopted in detail by specific national legislation: the Act did not describe the relevant dike sections in detail but simply mentioned them. But it did hold that the exception was justified in terms of Article 2(3) of the Directive, whereby Member States may, in exceptional cases, exempt a specific project from the Directive. Its ground was that the projects to which the Deltawet grote rivieren applied were identified with sufficient accuracy, and this was anyway an exceptional case in view of the urgency of the works to be done. Also noteworthy in terms of Article 177 EC was the judgment given by the Raad van State on 7 July 1995(15) in an action brought by a Dutch Member of the European Parliament against the refusal by his country's Minister of Finance to allow him access to minutes of certain meetings of the Council of the European Union. The question was whether the provision of the Council's Rules of Procedure,(16) whereby its deliberations are covered by the obligation of professional secrecy unless the Council decides otherwise,07) took precedence over the Dutch Freedom of Information Act {Wet Openbaarheid van Bestuur). The Raad van State held that this was so. It concluded from a series of cases decided by the (12) (13) (14) (15) (16) (17) C. J. L. de Wit v Bestendige Deputatie Gelderland, AB 1995, n° 384. Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certains public or private projects on the environment: OJ L 175, 7. 7. 1985, p. 40. Case C-72/95, pending. Metten v Minister of Finance, noted in Nederlands Juristenblad 1995, Katem, p. 545, n° 17. Currently, Council Decision of 6 December 1993 adopting the Council's Rules of Procedure: OJ L 304, 10. 12. 1993, p. 1 (Article 5). See Case T-194/94 Carvel and Guardian v Council (Court of First Instance), judgment given on 19 October 1995, not yet reported. 420 Court of Justice that the principle of the primacy of Community law applied to the Rules of Procedure even though they were not in one of the categories listed in Article 189 of the EC Treaty. Having further concluded that primacy was also enjoyed by Community provisions not having direct effect, the Raad van State decided that there was no need to ascertain whether a provision of the Rules of Procedure had such effect. Lastly, it noted that to make rights of access to information about the Council's deliberations subject to the national law of the applicant's Member State would effectively render the confidentiality provisions nugatory. On the subject of preliminary rulings, attention is worth drawing to the judgment given on 11 December 1995 by the Austrian Constitutional Court (Verfassungsgerichtshof)}n) holding that failure to discharge the obligation to refer questions incumbent on courts against whose decisions there is no appeal was a violation of the principle enshrined in Article 83(2) of the Austrian Federal Constitution that nobody may be deprived of access to his proper judges. In an action against a decision taken by the Federal Procurement Office {Bundesvergabeamt) without a request for an interpretation of the relevant provision of Directive 93/37/EEC,(19) the Verfassungsgerichtshof held that the Office was to be treated as a court or tribunal within the meaning of the third paragraph of Article 177 of the EC Treaty. (20) But having regard to the judgment of the Court of Justice in CILFIT}21) it held that on the facts of the case the Bundesvergabeamt had not been in breach of its obligation to refer. 2. Question 2 Research revealed no cases of this type, but there were some cases where interim measures were ordered that had the effect of suspending the application of a Community instrument. In Germany, litigation regarding the common organization of the market in bananas gave rise to a series of decisions concerning interim measures that had the effect of suspending the application of certain aspects of the rules: (a) National proceedings from which Case C-68/95 flowed An importer applied for supplementary import licences for bananas from non-member countries, subject to the import duties applicable to the tariff quota for bananas from non-member countries and non-traditional ACP bananas (ECU 100 per tonne at the time). (18) (19) (20) (21) Case B 2300/95-18, not yet reported. Council Directive 93/37/EEC of 14 June 1993 conceming the coordination of procedures for the award of public works contracts: OJL 199, 9. 8. 1993, p. 54. The Bundesvergabeamt has since applied to the Court of Justice for a preliminary ruling (Case C-44/96). Case 283/81 [1982] ECR 3415. 421 He argued that, as a result of exceptional circumstances, his imports had been running below the usual rate during the reference period as a supplier had defaulted on his contractual obligations and that he faced the imminent risk of bankruptcy if supplementary quantities were not allocated to him. His request for an interim Order was dismissed by the Frankfurt/Main Verwaltungsgericht (Administrative Court). His appeal to the Hessische Verwaltungsgerichtshof (Administrative Appeal Court) also failed. The Verwaltungsgerichtshof based its decision to dismiss the appeal(22) on the conclusion that the measures requested would prejudge the decision on the substance and would deprive Regulation No 404/93(23) of its effect. Ordering such measures would accordingly presuppose a presumption that the Court of Justice would declare the Regulation invalid, although the dismissal of the action for annulment of the Regulation brought by Germany(24) meant that such a declaration was unlikely. The Bundesverfassungsgericht made an Order on 25 January 1995(25) annulling the Verwaltungsgerichtshof s judgment. The Bundesverfassungsgericht held that the decision conflicted with the guarantee that individual rights would be effectively protected against acts of public authorities (Article 19(4) of the Basic Law). It stated among other things its opinion that Regulation No 404/93 offered possibilities for taking account of special situations arising from excessive rigidity in firms' circumstances, so that ordering measures would not necessarily have been the incompatible with Verwaltungsgerichtshof had omitted to look into the question whether the German Government's failure to make use of the possibilities available to it was a failure to protect fundamental rights as secured at Community level. the Regulation/26* And it observed that The case was remitted to the Verwaltungsgerichtshof, which ordered interim measures requiring the German authorities to issue supplementary import licences for approximately 2 500 tonnes of bananas, subject to customs duties at ECU 100 per tonne. This Court also referred to the Court of Justice questions for preliminary rulings on (a) the applicability of certain provisions of Regulation No 404/93 in relation to the GATT and (22) (23) (24) (25) (26) Verwaltungsgerichtshof Hessen, BeschluB vom 23/12/94, 8 TG 3430/94, Europarecht 1995 p. 86-90. Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas: OJ L 47, 25. 2. 1993, p. 1. Case C-280/93 Germany v Council [1994] ECR 1-4973. Bundesverfassungsgericht, BeschluB vom 25/01/95, 2 BvR 2689/94 - 2 BvR 52/95, Europarecht 1995 p. 91-95. This was a reference to the Order made by the Court of Justice on 29 June 1993 in Case C-280/93 R Germany v Council [1993] ECR 1-3667. 422 the validity of Commission Regulation No 478/95,(27) and (b) the circumstances in which a national court could order interim measures derogating from a Community Regulation/28* (b) National proceedings from which Case C-l82/95 flowed After using up the quantities thus allocated, the same importer applied to the authorities in Germany for authorization to import a further cargo of bananas without an import licence and without paying entry duties of ECU 850 per tonne pursuant to Article 18(2) of Regulation No 404/93. His appeal against the refusal to act on his application and against Commission Regulation No 478/95 was dismissed without review of the substance by the Bundesverfassungsgericht by Order dated 26 April 1995,(29) on the ground that other redress procedures had not been exhausted and that the ordinary courts had jurisdiction to consider arguments based on the possible inapplicability of Community legislation. The applicant then took his case to the Finanzgericht Hamburg, which ordered interim measures allowing him to import a further 2 500 tonnes or so of bananas without a licence and also put questions for preliminary rulings to the Court of Justice/30* By Order dated 22 August 1995, the Bundesfinanzhof (Federal Tax Court) annulled the interim measures on them/3l) On the ground 8 September 1995, the President of the Court of Justice accordingly suspended the preliminary ruling procedure. there was no legal basis that for (c) National proceedings from which Cases C-364 and C-365/95 flowed The customs authorities demanded payment of duties on the bananas imported without licence. The applicant applied for a stay of execution, which the Hamburg Finanzgericht ordered pending a decision from the Court in Case C-l82/95. (2?) (28) (29) (30) (31) Commission Regulation (EEC) No 478/95 of 1 March 1995 on additional rules for the application of Council Regulation (EEC) No 404/93 as regards the tariff quota arrangements for imports of bananas into the Community and amending Regulation (EEC) No 1442/93: OJ L 49, 4. 3. 1995, p. 13. Reference by Order made on 9 February 1995, Case C-68/95. 2 BvR 760/95, Europâische Zeitschrift fur Wirtschaftsrecht 1995 p. 412-413. Reference by Order made on 19 May 1995, Case C-182/95; cf. Europâische Zeitschrift fur Wirtschaftsrecht 1995, p. 413. Bundesfinanzhof, BeschluB vom 22/08/95, VII B 153, 154, 167, 172/95, Recht der internationalen Wirtschaft 1995 p. 871-873. 423 The Finanzgericht asked the Court the same questions as were asked in Case C-l 82/95/32) This judgment of the Finanzgericht Hamburg was subsequently upheld by the Bundesfinanzhof on 9 January 1996. In the Netherlands, the President of the College van Beroep voor het (Commercial Court) issued a decision in interlocutory Bedrijfsleven proceedings on 24 May 1995(33) suspending execution of Commission Decision 95/119/EC (imposing a general ban on imports of fishery products originating in Japan)/34* Applying the criteria established by the Court of Justice on 21 February 1991(35) even though the case concerned national measures implementing a Regulation, the President gave a detailed analysis of the Commission Decision. His conclusion was that there were serious doubts as to the validity of the Community instrument since the report by the Community experts, on which the ban was based, did not unequivocally justify a total import ban. The stay of execution of Decision 95/119/EC was conditional on the Dutch authorities undertaking all requisite checks to establish that the relevant products did not have such defects as to endanger human and animal health and safety. (36) The President also the validity of Decision 95/119/EC/37* sought a preliminary ruling on the Federal Government In the context of decisions concerning the validity of provisions of Community law, attention may also be drawn to the judgment given by the Bundesverfassungsgericht on 22 March 1995,(38) which settled a dispute regarding between Directive 89/552/EEC/39* The Constitutional Court confirmed that there had been an encroachment on the powers of the Lander in certain respects, as the Federal Government had not properly defended their interests in the Council, but it dismissed as inadmissible an application for a declaration that the Directive was accordingly in one of the applicant Lander. and certain Lander inapplicable (32) (33) (34) (35) (36) (37) (38) (39) References by Orders made on 22 and 27 September 1995, Joined Cases C-364 and C-365/95. These Orders do not put new questions but refer to those put in Case C-l82/95. Affish B. V. v Rijksdienst voor de keuhng van Vee en Vlees, AB 1995, n° 443. O J L 8 0, 8. 4. 1995, p. 56. Joined Cases C-l43/88 and C-92/89 Zuckerfabhk [1991] ECR 415. But cf. a decision of an English court which did not respond to doubts as to the validity of the same Commission Decision by staying proceedings (High Court of Justice, Queen's Bench Division, The Queen v Secretary of State, ex parte Macrea Seafoods Ltd, judgment given on 12 June 1995. Case C-l83/95, pending. Bundesverfassungsgericht, Urteil vom 22/03/95, 2 BvG 1/89, Entscheidungen des Bundesverfassungsgerichts Bd. 92 p. 203-245, Europâische Zeitschrift fur Wirtschaftsrecht 1995 p. 277-284. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in the Member State concerning the pursuit of television broadcasting activities: OJ L 298, 17. 10. 1989, p. 23. 424 3. Question 3 On 12 April 1995(40), the Belgian Conseil d'État made an interlocutory Order suspending implementation of an administrative decision withholding approval for an alarm system pursuant to the Royal Decree of 14 May 1991,(41) on the ground that the Commission had not been notified of the Decree by the procedure of Article 8 of Directive 83/189/EEC/42* Failing notification to the Commission, the Conseil d'Etat concluded that the Decree could not have effect. This is an interesting case in that the Conseil d'Etat reached the conclusion without referring a request for a preliminary ruling on the direct effect of the Directive even though, in the same applicant's action for annulment, the President of the Liège commercial court(43) had made an Older on 20 June 1994 seeking preliminary rulings on the direct effect of the Directive and the obligation for the national court to decline to apply the national technical standard if the Commission had not been notified of it On 30 March 1995(44) the Italian Constitutional Court clarified and even extended the scope of the important principle, established in its judgment (No 384) of 7 November 1994,(45) that the Court has jurisdiction to annul regional legislation that is contrary to Community law where the central Government brings an action in the Court against a piece of regional legislation to prevent its promulgation by the President of the Region and its entry into force. The Italian Government attacked legislation enacted by the Sicilian Region to extend eligibility for certain grants to fishing funis licensed to operate in sea areas within its jurisdiction; the Government Commissioner to the Sicilian Region argued that this constituted a new State aid scheme within the meaning of Article 92 of the EC Treaty, and that the draft legislation should have been notified pursuant to Article 93 to enable the Commission to scrutinize it for compatibility with Community law In the grounds for its judgment the Court first held that allowing regional legislation presumed incompatible with Community law to enter into force and then issuing a preliminary constitutional ruling lequiring national courts and authorities to refrain from giving effect to it would have been an " insufficient assurance'forthe discharge of the obligation incumbent on the Italian State pursuant to Article 5 of the Treaty lo ' abstain from any measure which could jeopardize the attainment of the objectives' of the Community. It followed, as the Court held, that it was both useful and (40). Conseil d'État, Case 52. 788, judgment given on 12 April 1995. (41) Royal Decree of 14 May 1991 determining the procedure for approving alarm systems to which the Act of 10 April 1990 on surveillance and security firms and internal security set vices applies. Cf. footnote 2. Case C-194/94, pending. Case 94, Rivista italiana di diritto pubblico comunilario, 1995, p. 559. 12th report: OJ C 254, 29. 9. 1995, p 166 (42) m (44) (45) 425 indeed necessary to act in advance to avert conflicts between the provision of Community law and regional legislation incompatible with it by declaring the regional legislation unconstitutional prior to promulgation by the President of the Region in a direct action available to the Government under Article 127 of the Constitution against regional acts liable to breach constitutional rules sharing powers between central and regional levels. The Constitutional Court went on to extend the argument to cases where a Region attacked legislation enacted by the central State; this could only occur where the central legislation was already in force, as the regions had no redress against legislation enacted by the two Houses of Parliament but not yet promulgated by the President of the Republic. Consequently, the Court acknowledged that the Regions were entitled to attack central State legislation on grounds of alleged incompatibility with Community law, provided, of course, the applicant Region could show cause in the form of a possible violation of constitutional rules conferring legislative power on the Regions. On 13 June 1995(46) the Italian Constitutional Court gave a judgment on the conformity with Articles 3 and 10 of the Constitution*47* of legislation*48* requiring universities to appoint foreign-language assistants exclusively on annual employment contracts. In Joined Cases 269, 331 and 332/91,(49) the Court of Justice had held that Article 48 required foreign- language assistants to be given open-ended employment contracts where they were appointed to cover x constant needs' for language teaching (paragraph 17). The Constitutional Court recalled that the provision implicitly censured by the Court of Justice was the same Article 28 of Presidential Decree No 382/1980 now referred to it for constitutional review, and that foreign-language assistants to which Alloué II applied were workers from other Member States whereas, in the principal action the constitutional review related to assistants from non-member countries. The Court went on to hold that there was a direct link between the situation of the assistants concerned by the Court of Justice case and the situation of the other assistants in that the work they performed in Italian universities by all assistants of this type was the same. It followed that the principle of equal treatment enunciated by the Court of Justice in Alloué II should first be extended to foreign-language assistants enjoying Italian (46) (47) (48) (49) Case 249, II Consiglio di Stato, 1995, p. 954. Article 3 of the Italian Constitution sets out the principle that all citizens are entitled to equal treatment before the law. The second paragraph of Article 10 provides that "* the legal situation of foreigners shall be governed by legislation complying with international rules and Treaties*. The international instrument in this case was ILO Convention No 143 of 1975 (equality of opportunity and treatment for migrant workers), ratified by Italy by Act No 158 of 10. 4. 1981. Article 28 of Decree of the President of the Republic No 382 of 11. 7. 1980. [1993] ECR 4309. 426 nationality by birth or acquisition ^ to avoid unwarranted discrimination' contrary to Article 3 of the Constitution. The same principle of equal treatment, and with it the conversion of employment contracts of limited duration (one year) into open-ended contracts therefore had to be applied to assistants with the nationality of a non-member country, not on the basis of a constitutional provision but of section 1 of Act No 943/1986, which conferred the same rights on non- Community workers residing in Italy as on Italian workers. The Austrian Verfassungsgerichtshof (Constitutional Court )(50) had an action before it for annulment of a provision of subordinate legislation regulating the distribution of mineral water to maintain the ban on containers other than glass bottles until 1 January 1997. By Order made on 12 December 1995, it declared that national courts were under an obligation to interpret national law in conformity with Community law, and in particular with enforceable directives. It accordingly interpreted the provision referred in such a way that the maintenance of the ban on marketing mineral waters in containers other than glass bottles could not be applicable by reason of incompatibility with Commumty law. to order interim measures In Denmark, the Hejesteret (Supreme Court) gave a judgment on 11 May 1995(51) declining suspending construction of a bridge between Denmark and Sweden on the ground that there was no violation of Directive 85/337/EEC {the same Directive was in issue in the Dutch Raad van State judgment of 16 June 1995, considered above under Question 1). The arguments by the applicant (Greenpeace) were based on the Directive's requirement that certain information on the environmental impact of such projects must be made public before work can begin. The Court confirmed explicitly that the conditions to be met if interim measures are to be ordered must be ascertained in the light of Court of Justice cases, from which it emerged that the national courts must order them if national legislation is in conflict with Community law. The interesting point in relation to Community law is the explicit acknowledgement of an obligation to enforce Community law where the national legislation conflicts with it. On 21 February the French Court of Cassation (Commercial Division)*52* gave a valuable judgment on the recognition of the primacy of Community law in the national courts. The case began with litigation concerning advertising for French spirituous beverages, in which the Court of Justice gave two judgments for the Commission against France on 27 February and 10 July 1980, declaring (50) (51) (52) Case V 136/94-10, not yet reported. Case I 118/1995, Miljoorganisationen Greenpeace Danmark v Trafikministeriet. Société United Distillers France and others v Agent judiciaire du Trésor public and others. 427 that Articles L. 17 and L. 18 of the Code sur les débits de boissons, governing advertising for spirits, were contrary to the Treaty. The Ministry of Justice then issued a Circular on 10 October 1980, requiring the prosecution service to take proceedings against all advertising for imported spirits in breach of Articles L. 17 and L. 18. On the basis of Article L. 781-1 of the Code de l'organisation judiciaire, Article 171 of the Treaty and the two judgments given by the Court of Justice, the Court of Cassation declared that "* the effect of Community law is that national authorities are fully prohibited from applying a national provision that has been found to be incompatible with the Treaty'. It concluded that ^ the offending circular. is in conflict with the law as declared by the Court. and its adoption is seriously flawed'. In a judgment given on 23 June 1995, the French Conseil d'État (Sectional composition)*53* affirmed that in the absence of transposai of a Directive1 by the State, the State could not rely on its direct effect in relation to an individual. This follows the line set by the Court of Justice inMarshall(54) The provision in issue in the instant case was Article 3(1) of Directive 89/105/EEC,*55* which allows the time prescribed for official examination of a request from a firm to be extended. Having failed to transpose the Directive, the authorities could not themselves seek to enjoy the benefit. In the United Kingdom, the plaintiffs in R v Secretary of State for Employment, ex parte Seymour-Smith and Perez were employed persons dismissed after the two-year qualifying period of continuous employment required by the Employment Protection (Consolidation) Act 1978 for the grant of compensation for unfair dismissal by an Industrial Tribunal. They made an application for judicial review of the Unfair Dismissal (Variation of Qualifying Period) Order 1985, which amended the 1978 Act by raising the qualifying period from one to two years. In particular, they argued that the Order of 1985 constituted indirect discrimination as there were fewer women than men capable of qualifying. The High Court dismissed the case. The Court of Appeal*56* held that the equal treatment principle of Directive 76/207/EEC*57* precluded all forms of direct or indirect discrimination based on sex. Even if Community law required a substantial (53) (54) (55) (56) (57) SA Lilly France. Case C-l52/84 [1986] ECR 723. Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance schemes: OJ L 40, 11. 2. 1989, p. 8. Court of Appeal, Civil Division, judgment of 31 July 1995, Regina v. Secretary of State for Employment, ex parte Seymour-Smith and Perez, Mure, James, Journal of the Law Society of Scotland 1995, p. 417-421. Council Directive 76/207/EEC of 9 février 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions: OJ L 39, 14. 2. J976, p. 40. 428 difference, exceeding the de minimis threshold, in the number or percentage of persons of the same sex in the category that was privileged or disadvantaged in relation to the other, excessive importance should not be attached to the word ^ substantial'. The evidence showed that, in the period preceding the plaintiffs' dismissal, there was a substantial difference between the numbers and percentages of men and women among both those who had and those who had not satisfied the qualifying period of two years required by the 1985 Order. As the impact of the qualifying period was more harmful to women, the Court of Appeal, having reviewed a number of cases decided by the Court of Justice, decided that it was incompatible with Directive 76/207/EEC unless objective grounds were given for it. The Secretary of State had failed to demonstrate that the 1985 Order had improved employment prospects and the Court of Appeal concluded that its discriminatory effects were unjustified. The case has since been taken to the House of Lords. Still in the United Kingdom, Fitzgerald and Others v Williams and Otherst5^ concerned the impact of Community law on Order 23, Rule 1, of the Rules of the Supreme Court, whereby the plaintiff may be ordered to give security for costs where he is habitually resident outside the jurisdiction. The question had repeatedly been raised in the English courts, and in 1990 the Court of Appeal, in Berkeley Administration Inc v McClelland, held that Order 23 was not contrary to Article 7 of the EC Treaty since it was based specifically on residence, irrespective of nationality. In the instant case, the High Court had ordered Irish plaintiffs resident in Ireland to provide security in the amount of £100 000. On appeal, the plaintiffs asked the Court of Appeal to review the rule in Berkeley in the light of the judgment given by the Court of Justice in Mund and Fester v Hatrex Intemationaal Transport}5^ The Court of Appeal studied that judgment and decided that as a result of Articles 6 and 220 of the EC Treaty an English court could never exercise its discretion under Order 23 in such a way as to require a plaintiff having the nationality of and residing in another Member State signatory to the Brussels Convention to provide security, at any rate in the absence of sound evidence of the existence of serious enforcement difficulties in such Member State. In the instant case there was no need to consider whether that reservation was valid in relation to Community law. There were no problems of enforcement in Ireland and the plaintiffs should not have been required to give security. (58) (59) Court of Appeal, Civil Division, judgment of 20 December 1995 /. Fitzgerald and others v Willams and others - 2. O'Regan and others v Same. Case C-398/92 [1994] ECR 1-467. The Court of Justice held that Article 7 of the EEC Treaty, read with Article 220 and with the Brussels Convention, precluded national mles of civil procedure which, where a judgment is to be enforced within national territory, authorizes attachment orders only where it is probable that, in their absence, enforcement will be impossible or substantially more difficult, whereas, for a judgment to be enforced in another Member State, it is authorized simply because enforcement is to be ordered in a foreign jurisdiction. 429 (Verfassungsbeschwerde) arguing By Order made on 31 May 1995*60*, a Chamber of the German Bundesverfassungsgericht dismissed as inadmissible an action by an the allocation of individual European Parliament seats was contrary to the principle of German constitutional law that the votes of electors should carry approximately equal weight; the German electorate represented about 22% of the Union's population but German Members occupied only 16% of the seats in the European Parliament. that On the basis of its own judgment of 12 October 1993 on the Maastricht Treaty,*61* the Chamber highlighted the differences between the respective roles of the European Parliament and the national Parliaments. The democratic legitimacy of the exercise of powers conferred on the Communities lay primarily in the national Parliaments; the European Parliament had a secondary function. It was consequently at national level that voters' equality ought to be secured. The Court added that the weighted distribution of European Parliament seats was warranted by the fact that the Member States were still, as States, equal subjects of international law independently of their citizens. The system did, however, take account of the fact the Union was more than the mere sum of its Member States by allowing population levels to influence the number of Members of the European Parliament. In McClean & Tate}62) the Irish High Court acknowledged that the plaintiffs could recover compensation from the State for damage sustained by reason of failure to transpose a directive. Ireland was required to transpose Directive 79/7/EEC,*63* but the High Court considered that it had done so properly only in 1992, when provisions enacted in 1986 and preserving certain forms of discrimination against married women were repealed. The Court held that married women who had suffered discrimination regarding unemployment benefits could demand that the State make good their loss subject to the rules governing the time allowed for appeals. (60) (61) (62) (63) 2 BvR 635/95; Europâische Zeitschrift fur Wirtschaftsrecht 1995 p. 748 (summary). Entscheidungen des Bundesverfassungsgerichts Bd. 89 p. 155-213. Joined Cases McClean & Tate v Min. for Social Welfare, Ireland and the A. G. ; Robinson & Others v Min. for Social Welfare, Ireland and the AG. , High Court (Ireland), judgment given on 3 February 1995. Council Directive 79/7/EEC of 19 December 1978 of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security: OJ L 6, 10. 1. 1979, p. 24. 430 in the light of Steenhorst- The High Court, interpreting Emmott^ et Johnson,(66) held that national provisions concerning the time Neering^ allowed for appeals were compatible with Community law as they in no way prejudiced the exercise of rights conferred in the Community legal order but merely limited the period prior to the presentation of the appeal for which arrears were payable - to six years as it happened. (64) *65) (66) Case 208/90 [1991] ECR 1-4269. Case C-338/91 [1993] ECR 1-5475. Case C-410/92 [1994] ECR 1-5483. 431 ISSN 0254-1475 COM(96) 600 final DOCUMENTS EN 06 Catalogue number : CB-CO-96-260-EN-C ISBN 92-78-05147-0 Office for Official Publications of the European Cornmunities L-2985 Luxembourg