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On Monitoring the Application of Community Law

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On Monitoring the Application of Community Law 29 . 9 . 95 | EN J Official Journal of the European Communities No C 254/ 1 I (Information) COMMISSION TWELFTH ANNUAL REPORT on monitoring the application of Community law — 1994 — (95/C 254/01 ) COM(95) 500 final 29 . 9 . 95 I EN J Official Journal of the European Communities No C 254/ 3 CONTENTS Page INTRODUCTION AN AREA WITHOUT INTERNAL FRONTIERS t . Introduction 10 2 . Situation sector by sector 11 2.1 . Removal of physical barriers 11 2.1.1 . Customs union 11 2.1.1.1 . Notification of national implementing measures in respect of directives applicable to the customs union 11 2.1.2 . Free movement of agricultural products 11 2.1.2.1 . Import controls 11 2.1.2.2 . Import bans 12 2.2 . Removal of technical barriers 12 2.2.1 . Free movement of goods 12 2.2.1.1 . Articles 30 et seq. of the EC Treaty 12 2.2.1.2 . The preventive rules of Directive 83/ 189/EEC 15 2.2.2 . Progress in implementing directives on the free movement of goods 16 2.2.2.1 . Foodstuffs 16 2.2.2.2 . Progress in implementing directives applicable to foodstuffs 16 2.2.2.3 . Pharmaceutical products 16 2.2.2.4 . Progress in implementing directives applicable to pharmaceutical products ... 17 2.2.2.5 . Chemicals 17 2.2.2.6 . Progress in implementing directives applicable to chemicals 17 2.2.2.7 . Motor vehicles, tractors and motorcycles 17 2.2.2.8 . Progress in implementing directives applicable to motor vehicles, tractors and motorcycles 18 2.2.2.9 . Construction products 18 2.2.2.10 . Mechanical engineering, personal protective equipment, prepackaging, measuring equipment, electronics and medical equipment 18 No C 254/4 1 EN [ Official Journal of the European Communities 29 . 9 . 95 2.2.2.11 . Progress in implementing directives applicable to mechanical engineering, personal protective equipment, prepackaging, measuring equipment, elec­ tronics and medical equipment 19 2.2.3 . Services 19 2.2.3.1 . Audiovisual media 19 2.2.3.2 . Intellectual and industrial property 19 2.2.3.3 . Progress in implementing directives applicable to intellectual and industrial property 20 2.2.3.4 . Telecommunications 20 2.2.3.5 . Progress in implementing directives applicable to telecommunications 21 2.2.3.6 . Free movement of financial services 22 2.2.3.7 . Progress in implementing directives applicable to financial services 22 2.2.3.8 . Direct taxation 22 2.2.3.9 . Progress in implementing directives applicable to direct taxation 23 2.2.3.10 . Company law 23 2.2.3.11 . Progress in implementing directives applicable to company law 23 2.2.4 . Free movement of capital 23 2.2.5 . Public procurement 24 2.2.5.1 . Progress in implementing directives applicable to public procurement 27 2.3 . Removal of tax barriers 27 2.3.1 . Progress in implementing directives applicable to indirect taxation 28 2.4 . Free movement of persons and right of establishment 28 2.4.1 . Ending discrimination 28 2.4.2 . Entry and residence 29 2.4.2.1 . Progress in implementing directives applicable to right of residence 29 2.4.3 . Trade union rights 29 2.4.4 . Access to employment in the public service 29 2.4.5 . Social security of migrant workers 30 2.4.6 . Recognition of qualifications 30 2.4.6.1 . Progress in implementing directives applicable to recognition of qualifi­ cations 32 2.4.7 . Independent commercial agents 32 2.5 . Consumer policy and product safety 33 2.5.1 . Progress in implementing directives applicable to consumer policy and product safety 33 29 . 9 . 95 | EN 1 Official Journal of the European Communities No C 254/5 COMPETITION 1 . Introduction 34 2 . Situation sector by sector 34 2.1 . Public enterprises 34 2.2 . Monopolies 35 2.3 . Progress in implementing directives applicable to competition 35 EMPLOYMENT AND SOCIAL POLICY 1 . Introduction 35 2 . Situation sector by sector 36 2.1 . Equal treatment of men and women 36 2.2 . Working conditions 36 2.3 . Health and safety at work 37 2.4 . Public health 37 2.5 . Progress in implementing directives applicable to employment and social policy 37 AGRICULTURE 1 . Introduction 37 2 . Situation sector by sector 38 2.1 . Markets 38 2.2 . Harmonization 39 2.3 . Notification of national measures implementing agricultural directives 41 FISHERIES 1 . Introduction 42 2 . Situation sector by sector 42 2.1 . Markets 42 2.2 . Resources 42 2.3 . Compatibility with Community law of national legislation on the granting of flag rights 42 ENVIRONMENT 1 . Introduction 43 1.1 . General situation 43 1.2 . Notification of national implementing measures 43 1.3 . Conformity of national implementing measures 43 1.4 . Incorrect application of directives 44 1.5 . Structural Funds and other sources of Community finance 44 1.6 . Freedom of access to information 45 1.7 . Environmental impact assessment 45 1.8 . Action needed 46 No C 254/6 1 EN | Official Journal of the European Communities 29 . 9 . 95 2 . Situation sector by sector 47 2.1 . Air 47 2.2 . Chemicals 47 2.3 . Water 48 2.4 . Noise 49 2.5 . Waste 49 2.6 . Nature 49 2.7 . Radiation protection 50 2.8 . Progress in implementing directives applicable to the environment 51 TRANSPORT 1 . Introduction 51 2 . Situation sector by sector 52 2.1 . Road transport 52 2.2 . Combined transport 52 2.3 . Inland waterways 52 2.4 . Rail transport 52 2.5 . Sea transport 53 2.6 . Air transport 53 2.7 . Progress in implementing directives applicable to transport 53 ENERGY 1 . Introduction 53 2 . Situation sector by sector 53 2.1 . Transparency of prices 53 2.2 . Internal market for electricity and natural gas 54 2.3 . Energy efficiency 54 2.4 . Coal 54 2.5 . Progress in implementing directives applicable to energy 54 BUDGETARY MATTERS 54 COMMUNITY STAFF 55 STATISTICAL MATTERS 55 ANNEXES Annex I : Suspected infringements 1990 to 1994 56 Annex II : Established infringements 1990 to 1994 63 Annex III : Infringements of Treaties, regulations and decisions 70 Annex IV : Report on the application of directives 84 Annex V : judgments of the Court of Justice not yet implemented at 31 December 1994 160 Annex VI : Application of Community law by the national courts 164 29 . 9 . 95 1 EN [ Official Journal of the European Communities No C 254/7 INTRODUCTION Each year the European Commission draws up a report Why did the number of proceedings commenced in 1994 on the monitoring of the application of Community law drop ? in response to requests from Parliament (Resolution of 9 February 1983 ) and the Member States (point 2 of declaration No 19 annexed to the Treaty signed at The answer can be found in Table 2.2 (Annex II), which Maastricht on 7 February 1992 ). The report also meets shows that the fall relates almost entirely to the requests from the European Council and the Council for commencement of infringement proceedings for failure information on specific fields . to notify national measures implementing directives . And since the Commission did not drop its guard, and the number of new directives which fell due for transposal in This report, the twelfth in the series, covers 1994 . 1994 was comparable to the number for 1993 , the expla­ nation lies in improvements in the conduct of Member States as regards adopting transposal measures, as the The Commission has done its best to go beyond the breakdown of progress in transposing directives given inevitably routine aspects of the exercise to bring out below shows . new points , ranging from the operation of the checking procedures to the assessment of results . And why was there a very considerable increase in the number of reasoned opinions ? Checking procedures That, too, has to do with the failure to notify national implementing measures, leading almost to a doubling in The complaints the Commission receives are still the the number of reasoned opinions issued . The main source on which it depends for material in moni­ Commission is quite clearly anxious to wind up a large toring the application of Community law . The number of number of proceedings commenced in the past and never cases of suspected infringements detected following brought to a satisfactory outcome, even though they complaints remained stable in 1994 , within the same concern directives the failure to transpose which is very brackets as over the last five years (see Table 1.1 in damaging to the Community's interests . Annex I). The slight, 10 % increase on the previous year is of very little significance, as there was a dip in the numbers in 1993 . The same reasoning applies, with even greater force, to the substantial rise in the number of cases referred to the Court of Justice . This is certainly a break with the The same table in Annex I shows that there was a fall in downward trend recorded for at least five years , but it the number of suspected infringement cases examined must be seen in context : referring a case to the Court is following petitions to or questions in Parliament. That the Commission's last resort, and the figure still should not, however, be taken as a sign that these represents less than 20 % of the reasoned opinions . sources of information for detecting infringements should be regarded as less important than before . The figures cited are actually a reflection of the real situation, It should be pointed out here that the Commission is since parliamentary petitions and questions often confirm seriously concerned at the persistent delays in giving cases of suspected infringements which have already effect to Court judgments .
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