The problem of quality in EU legislation: What on earth is really wrong?

Common Market Law Review

Volumn 38, Issue 3, 2001, Pages 651-676

  Xanthaki, Helen ^a  

^a UNIVERSITY OF LONDON   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 26444527568     PISSN: 01650750     EISSN: 18758320     Source Type: Journal    
DOI: 10.1023/A:1010673728428     Document Type: Article

References (97)

1. 1. See House of Lords, Session 1993–1994, Select Committee on the European Communities, Enforcement of European Competition Rules.
2. 2. See Timmermans, “How to improve the quality of Community legislation: the viewpoint of the European Commission” in Kellermann, Ciavarini-Azzi, Jacobs and Deighton-Smith, Improving the Quality of Legislation in Europe (1998, Kluwer, The Hague), pp. 39–59, at 41.
3. 3. See Piris, “The quality of Community legislation: the viewpoint of the Council Legal Service” in Kellermann et al., op. cit. supra note 2, pp. 25–38.
4. 4. See e.g. Cases 137/85, Maizena, [1987] ECR 4603, and C-172/89, Vandemoortele, [1990] ECR I-4690.
5. 5. See Cases 212–217/1980, Amministrazione delle Finanze dello Stato v. Salumi, [1981] ECR 2735.
6. 6. See Pagano, Le direttive di tecnica legislativa in Europa (1997, Camera dei deputati, Roma), pp. xxix and xxx.
7. 7. See “The internal market after 1992: meeting the challenge”, Report to the EEC Commission by the High Level Group on the operation of the internal market, SEC(92)2044; also see Supplement to European Report No. 1808 of 31 Oct. 1992; Commission Communication to the Council and the EP, “Follow-up of the Sutherland report”, COM(93)361 final and SEC(92)2227 fin; Opinion of the Economic and Social Committee of 5 May 1993 “On the Commission Communication on the operation of the Community’s internal market after 1992: follow-up to the Sutherland Report”, O.J. 1993, C 201/59; Communication from the Commission, “Follow-up to the Sutherland Report: legislative consolidation to enhance the transparency of Community law in the area of the internal market”, 16 Dec. 1993, COM(93)361 fin.; Communication from the Commission to the Council, the EP and the ESC “On the handling of urgent situations in the context of implementation of Community rules: follow-up to the Sutherland Report”, COM(93)430 fin.
8. 8. See Edinburgh European Council, “Conclusions of the Presidency”, Bulletin EC 12/92, pp. 7–40.
9. 9. See Council Resolution of 8 June 1993 on the quality of drafting Community legislation, O.J. 1993, C 166/1.
10. 10. These rules are also included in the Council Decision 93/662/EC of 6 Dec. 1993 adopting the Council’s Rules of Procedure, O.J. 1993, L 304/1.
11. 11. See Interinstitutional Agreement of 20 Dec. 1994, “Accelerated working method for official codification of legislative texts”, O.J. 1995, C 293/2, O.J. 1996, C 102/2.
12. 12. See Report of the Group of Independent Experts on legislative and administrative simplification: Summary and Proposals, COM(95) 288 final of 21 June 1995; also see Commission’s comments on the report SEC(95) 2121 final of 29 Nov. 1995; and the European Parliament Resolution of 4 July 1996, O.J. 1996, C 211/23.
13. 13. See Better Lawmaking 1995: report of the Commission to the European Council [of Madrid] on the application of the principles of subsidiarity and proportionality, on simplification and codification, CSE(95)580, Bulletin, 11-1995, point 1.9.2; also see Better Lawmaking 1996: report of the Commission to the European Council [of Dublin] on the application of the principles of subsidiarity and proportionality, on simplification and consolidation, CSE(96)7.
14. 14. See Communication from the Commission to the Council and the European Parliament, “Simpler legislation for the internal market (SLIM): a pilot project”, COM(96)204 fin.; also see Resolution of the EP of 10 April 1997 on the communication from the Commission to the Council and the EP “Simpler legislation for the internal market (SLIM): a pilot project”, COM(96)204 fin. (A4-0108/97, O.J. 1997, C 132/213).
15. 15. See COM(97)618 final, p. 2.
16. 16. See Bulletin EU 11-1997, point 1.1.1.
17. 17. See http://europa.eu.int/comm/dg15/en/update/general/camb.htm#1, p.1.
18. 18. Of 25 May 1998, SEC(1998) 903, pp. 3–5.
19. 19. Also see Communication from the Commission to the European Parliament and the Council, “Making Simple Market Rules More Effective”, COM(1998)296 final.
20. 20. See Bull. EU 5-1998, point Institutional Affairs, 1.8.3.
21. 21. See COM(1998)495.
22. 22. See COM(1998)715 final.
23. 23. See Bulletin EU 5-1998, point 1.8.3.
24. 24. See O.J. 1999, C 73/1–4.
25. 25. See Piris, op. cit. supra note 3, p. 28.
26. 26. See General guidelines for legislative policy: Communication of 9 Jan. 1996 by the President of the Commission, SEC(95)2255.
27. 27. Proportionality is defined as appropriateness to meet the needs; see Case C-84/94, UK v. Council, [1996] ECR I-5755, at paras. 47, 55, 57 and 58.
28. 28. See Communication from the Commission on Subsidiarity, SEC(92)1990; also see Interinstiututional Agreement of 25 Oct. 1993 on the procedures for implementing the principle of subsidiarity, Bull. EC, No. 12, 1993, p. 129.
29. 29. See Communication of the Council, the Parliament and the Economic and Social Committee, “Openness in the Community”, COM(93)258 fin., O.J. 1993, C 166/4.
30. 30. See Interinstitutional declaration on democracy, transparency and subsidiarity, Bulletin EC, 10/93, pp. 119–123; also see Resolution of the European Parliament of 6 May 1994 on the transparency of Community legislation and the need for it to be consolidated, A3-0266/94, O.J. 1994, C 205/514.
31. 31. See Code of Conduct 93/730/EC concerning public access to Council and Commission documents, O.J. 1993, L 340/41; also see Commission Decision 94/90/ECSC, EC and Euroatom of February 1994 on public access to Commission documents, O.J. 1994, L 46/58.
32. 32. See Opinion of the Economic and Social Committee of 5 July 1995 on plain language, O.J. 1995, C 256/8.
33. 33. See Resolution of the EP of 4 July 1996 on the report of independent experts on simplification of Community legislation and administrative provisions, COM(95)288 fin.; also see A-4 0201/96, O.J. 1996, C 211/23.
34. 34. See European Commission (Ed.), Manual for legislative drafting (1997, European Commission, Brussels); similar manuals have been introduced by the Council.
35. 35. See Legistische Rechtlinien, 1990.
36. 36. See Traité de légistique formelle, Circular of the Prime-Minister of 23 April 1982.
37. 37. See Circulaire relative à la codification des textes législatives et réglementaires, Circular of Prime Minister of 30 May 1996; also see Circulaire relative aux régles d’ élaboration, de signature et de publication des textes au Journal Officiel, Circular of the Prime Minister of 2 Jan. 1993.
38. 38. See Handbuch der Rechtsförmlichkeit, 1991.
39. 39. See Formulazione tecnica dei testi legislativi, 1986; also see Regole e suggerimenti per la redazione dei testi normativi, 1992; also Istruttoria legislativa nelle commissioni, 1997.
40. 40. See Borman (Ed.), Aanwijzingen vor de Regelgeving (1993, Zwolle).
41. 41. See Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects for normative acts.
42. 42. See Directives on the form and structure for the schemes of projects of laws, 1991; also see Norms on the consultation regime of the Congreso de los Diputados e del Senato, 1989.
43. 43. See Consolidation of Enactment (Procedure) Act 1949, 41 Statutes741; also see Statutory Instruments Act 1946, 41 Statutes717; Interpretation Act 1978, 41 Statutes899.
44. 44. See Thornton, Legislative Drafting (1996, Butterworths, London/Dublin/Edinburgh), pp. 52–54; also see Pagano, Introduzione alla legistica: l’arte di preparare le leggi (1999, Giuffré Editore, Milano), pp. 26–30.
45. 45. See Ainis, La legge oscura (1997, Laterza, Bari), p. 103.
46. 46. See Fronsini, Lezioni di teoria dell’ interpretazione (1993, Bulsoni, Roma), p. 1993; also see Leitch, “The Interpretation Act: ten years later”, 16 Northern Ireland Legal Quarterly (1958) 215, at 236–237.
47. 47. See Pagano, 1999, op. cit. supra note 44, pp. 37–39.
48. 48. See the French Circular of 2 Jan. 1993 on the rules for the elaboration, signature and publication of texts in the Official Journal and the coming into force of the particular procedures of the Prime Minster, art. 2.1.1.1.; German Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, art. 40; German Manual of judicial formalities, 1991, paras. 26–28; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, art. 1a.
49. 49. See the German Manual of judicial formalities, 1991, paras. 31–32; Portuguese Deliberation of the Council of Ministers of 8 February 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 4.
50. 50. See Austrian Legistische Rechtlinien, 1990, art.9; also see the German Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, art.35; German Manual of judicial formalities, 1991, para 34.
51. 51. See the German Manual of judicial formalities, 1991, para 59.
52. 52. See Belgian Circulaire de Premier Ministre, 23 April 1982, Art. 28; French Circular of 2 Jan. 1993 on the rules for the elaboration, signature and publication of texts in the Official Journal and the coming into force of the particular procedures of the Prime Minster, art.1.7; German Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, art.40; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 269; Spanish Normas sobre regimen de asesoramiento a las Comisiones del Congreso de los diputados y del Senato of 26 June 1989; for the common law approach to consultation, see Jergensen, “The legal requirement of consultation”, (1978) PL 290; also see Agricultural, Horticultural and Forestry Industry Training Board v. Aylesbury Mushrooms Ltd [1972] 1 All ER 280, [1972] 1 WLR 190; R v. Secretary of State for Social Services, ex parte Association of Metropolitan Authorities [1986] 1 All ER 164.
53. 53. For an analysis of the relevant Finnish tradition, see Arkio, “Assessment of draft legislation in Finland”, in Kellermann et al. op. cit. supra note 2, pp. 227–244.
54. 54. See the French Circular of 21 Nov. 1995 relating to the conduct of an impact study for projects of laws and decrees at the Council of the State; also see the Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 331.
55. 55. See Department of Trade and Industry (Ed.), Checking the Cost to Businesses: A Guide to Compliance Cost Assessment (1999, DtI, London).
56. 56. See Austrian Legistische Rechtlinien, 1990, Art. 7; Belgian Circulaire de Premier Min-istre, 23 April 1982, Art. 1; German Gemeinsame Geschäftsordnung der Bundesministerien, 15 October 1976 as modified, Art. 35; German Manual of judicial formalities, 1991, para. 33–39; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 2; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 218; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 7c; Spanish Guidelines on the form and structure of projects of laws, 1991, approved by the Decision of the Council of Ministers of 18 Oct. 1991, O.J. of 18 Nov. 1991, No. 276, disposition 27774, pp. 37235–37, at 37235; also see Neville-Rolfe, “Good regulation: weighing-up the risks”, in Kellermann et al., op. cit. supra note 2, pp. 245–249; Thornton, op. cit. supra note 44, pp. 53–54.
57. 57. See Belgian Circulaire de Premier Ministre, 23 April 1982, Art. 1; Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, Art. 35; German Manual of judicial formalities, 1991, para 37; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 2; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 7c; Spanish Guidelines on the form and structure of projects of laws, 1991, approved by the Decision of the Council of Ministers of 18 Oct. 1991, OJ of 18 Nov. 1991, no 276, disposition 27774, pp. 37235–37; for an analysis of ambiguity under British law see Black, The Labyrinth of Language (1972, Pelican Press, London), p. 107.
58. 58. See Austrian Legistische Rechtlinien, 1990, Art. 1; Belgian Circulaire de Premier Min-istre, 23 April 1982, Art. 1; German Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, Art. 35; German Manual of judicial formalities, 1991, para. 33; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 7c; Spanish Guidelines on the form and structure of projects of laws, 1991, approved by the Decision of the Council of Ministers of 18 Oct. 1991, OJ of 18 Nov. 1991, No. 276, disposition 27774, pp. 37235–37.
59. 59. See The Preparation of Legislation – Report of a Committee appointed by the Lord President of the Council (Renton Report) of May 1975, ch.XI, Art. 14.
60. 60. See the Dutch Aanwijzingen Voor de Regelgeving, 1992, Arts. 54 and 218; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 7a; for the UK see Faulk and Mehler, The Elements of Legal Writing (1994, Macmillan Press, London).
61. 61. See Austrian Legistische Rechtlinien, 1990, Art. 2; Belgian Circulaire de Premier Min-istre, 23 April 1982, Art. 105; French Circular of 2 Jan. 1993 on the rules for the elaboration, signature and publication of texts in the Official Journal and the coming into force of the particular procedures of the Prime Minster, Art. 2.1.1.1.; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 11; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 24.
62. 62. See Italian Formulazione tecnica dei testi legislativi, 1986, G.U., no. 123 of 29 March 1986, Ordinary Supplement, no. 40, Art. 13 and 14; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 6c; The Preparation of Legislation – Report of a Committee appointed by the Lord President of the council (Renton Report) of May 1975, Art. 23; see Thornton, op. cit., p. 65.
63. 63. See Austrian Legistische Rechtlinien, 1990, Art. 31; Belgian Circulaire de Premier Ministre, 23 April 1982, Art. 3a; Italian Formulazione tecnica dei testi legislativi, 1986, G.U., no. 123 of 29 March 1986, Ordinary Supplement, no. 40, Art. 16a; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 16; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 58; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 7a.
64. 64. See Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, Art. 34; Italian Formulazione tecnica dei testi legislativi, 1986, G.U., no. 123 of 29 March 1986, Ordinary Supplement, no. 40, Art. 9.
65. 65. See Austrian Legistische Rechtlinien, 1990, Art. 3; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 19; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 78.
66. 66. See Austrian Legistische Rechtlinien, 1990, Art. 18; German Manual of judicial formalities, 1991, para. 51; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 1.
67. 67. See Renton Report of May 1975, Art. 16.
68. 68. See Renton Report of May 1975, Art. 8.
69. 69. See Austrian Legistische Rechtlinien, 1990, Art. 56; German Manual of judicial formalities, 1991, para. 97–109; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 55; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 78; Portuguese Deliberation of the Council of Ministers of 8 Feb. 1989 on the approval of the general principles for the elaboration of projects of normative acts, Art. 6c.
70. 70. See Austrian Legistische Rechtlinien, 1990, Art. 100; Belgian Circulaire de Premier Ministre, 23 April 1982, Art. 20flect true subject; French Circular of 2 Jan. 1993 on the rules for the elaboration, signature and publication of texts in the Official Journal and the coming into force of the particular procedures of the Prime Minster, Art. 1.3; Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, Art. 29; Italian Formulazione tecnica dei testi legislativi, 1986, G.U., no. 123 of 29 March 1986, Ordinary Supplement, no. 40, Art. 10; Italian Regole e suggerimenti per la redazione dei testi nomativi, 1991, Art. 37; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 98 and 105–107; Spanish Guidelines on the form and structure of projects of laws, 1991, approved by the Decision of the Council of Ministers of 18 Oct. 1991, OJ of 18 Nov. 1991, No. 276, disposition 27774, pp. 37235–37, Art. 1.
71. 71. See Renton Report of May 1975, Art. 15; 44 Halisbury’s Laws of England (4th ed.), pp. 493–494.
72. 72. See Belgian Circulaire de Premier Ministre, 23 April 1982, Art. 26.
73. 73. See Aanwijzingen Voor de Regelgeving, 1992, Arts. 109–110.
74. 74. See Renton Report of May 1975, Art. 11.6.
75. 75. See Austrian Legistische Rechtlinien, 1990, Art. 77; Belgian Circulaire de Premier Ministre, 23 April 1982, Art. 121; Gemeinsame Geschäftsordnung der Bundesministerien, 15 Oct. 1976 as modified, Art. 31; German Manual of judicial formalities, 1991, para. 307; Italian Formulazione tecnica dei testi legislativi, 1986, G.U., no. 123 of 29 March 1986, Ordinary Supplement, no. 40, Art. 18; Dutch Aanwijzingen Voor de Regelgeving, 1992, Art. 178–180.
76. 76. See Kellermann, “Proposals for improving the quality of European and national legislation”, 1–2 European Journal of Law Reform, 3–30, at 8.
77. 77. See Lanchester, Elements of Drafting and Comparative Legislative Process 1988–1989 (1989, Cedam, Paris); also see House of Lords, Debates vol. 412, 7 Aug. 1980.
78. 78. Second Council Directive 77/91/EEC of 13 Dec. 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent, O.J. 1977, L 026/1–13, as amended by Directive 92/101/EC, O.J. 1992, L 347/64.
79. 79. See Commission Decision of 5 March 2001 prolonging for the fifth time the validity of Decision 1999/815/ EC concerning measures prohibiting the placing on the market of toys and children articles intended to be placed in the mouth by children under three years of made of soft PVC containing certain phthalates, O.J. 2001, L 69/37.
80. 80. See Council Directive 89336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility, O.J. 1989, L 139/19–26.
81. 81. Directive 95/47/EC of the European Parliament and of the Council of 24 Oct. 1995 on the use of standards for the transmission of television signals, O.J. 1995, L 281/51–54.
82. 82. See Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive), O.J. 2000, L 181/65–74.
83. 83. See point 15 of the preamble and juxtapose to Art. 4: “…(15) In order to fill the gaps in question, it should be provided that the Member State where the insurance undertaking is authorized should require the undertaking to appoint claims representatives resident or established in the other Member States to collect all necessary information in relation to claims resulting from such accidents and to take appropriate action to settle the claims on behalf and for the account of the insurance undertaking, including the payment of compensation therefor; claims representatives should have sufficient powers to represent the insurance undertaking in relation to persons suffering damage from such accidents, and also to represent the insurance undertaking before national authorities including, where necessary, before the courts, in so far as this is compatible with the rules of private international law on the conferral of jurisdiction.” “… Article 4: Claims representatives…1. Each Member State shall take all measures necessary to ensure that all insurance undertakings covering the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, appoint a claims representative in each Member State other than that in which they have received their official authorization. The claims representative shall be responsible for handling and settling claims arising from an accident in the cases referred to in Article 1. The claims representative shall be resident or established in the Member State where he is appointed… …5. Claims representatives shall possess sufficient powers to represent the insurance undertaking in relation to injured parties in the cases referred to in Article 1 and to meet their claims in full. They must be capable of examining cases in the official language(s) of the Member State of residence of the injured party”
84. 84. See Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons, O.J. 1994, L 164/3–8, “…Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, services, persons and capital is ensured; whereas the necessary measures must be adopted for its operation;…”
85. 85. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, O.J. 2000, L 180/22.
86. 86. “4) It is important to respect such fundamental rights and freedoms, including the right to freedom of association. It is also important, in the context of the access to and provision of goods and services, to respect the protection of private and family life and transactions carried out in this context.”
87. 87. Directive 98/84/EC of the European Parliament and of the Council of 20 Nov. 1998 on the legal protection of services based on, or consisting of, conditional access O.J. 1998, L 320/54–57.
88. 88. “Art. 5: Information centres 1. For the purposes of allowing the injured party to seek compensation, each Member State shall establish or approve an information centre responsible: (a) for keeping a register containing the following information: 1. the registration numbers of motor vehicles normally based in the territory of the State in question; 2. (i) the numbers of the insurance policies covering the use of those vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, and where the period of validity of the policy has expired, also the date of termination of the insurance cover; (ii) the number of the green card or frontier insurance policy if the vehicle is covered by one of those documents in case the vehicle benefits from the derogation provided for in Article 4(b) of Directive 72/166/EEC; 3. insurance undertakings covering the use of vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, and claims representatives appointed by such insurance undertakings in accordance with Article 4 whose names shall be notified to the information centre in accordance with paragraph 2 of this Article; 4. the list of vehicles which, in each Member State, benefit from the derogation from the requirement for civil liability insurance cover in accordance with Article 4(a) and (b) of Directive 72/166/EEC; 5. regarding the vehicles provided for in point (4):(i) the name of the authority or the body designated in accordance with the second subparagraph of Article 4(a) of Directive 72/166/EEC as responsible for compensating injured parties in the cases where the procedure provided for in the first indent of Article 2(2) of Directive 72/166/EEC is not applicable, if the vehicle benefits from the derogation provided for in Article 4(a) of Directive 72/166/EEC; (ii) the name of the body covering the vehicle in the Member State where it is normally based if the vehicle benefits from the derogation provided for in Article 4(b) of Directive 72/166/EEC; (b) or for coordinating the compilation and dissemination of that information; (c) and for assisting entitled persons to be apprised of the information mentioned in points (a)(1), (2), (3), (4) and (5). The information under points (a)(1), (2) and (3) must be preserved for a period of seven years after the termination of the registration of the vehicle or the termination of the insurance contract.”
89. 89. See 94/79/EC: Commission Recommendation of 21 Dec. 1993 on the taxation of certain items of income received by non-residents in a Member State other than that in which they are resident, O.J. 1994, L 039/22–28.
90. 90. Art. 7: Defence of rights 1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
91. 91. Art. 1: “For the purposes of this Directive: 1. ‘competent authorities’ means the public authorities, as defined in Article 1 (1) of Directive 90/531/EEC, which are responsible for granting authorization and/or monitoring use thereof;…”
92. 92. See Council Decision 99/24/EC of 14 Dec. 1998 adopting a multiannual programme of technological actions promoting the clean and efficient use of solid fuels (1998 to 2002), O.J. 1999, L 007/28–30. “Article 1 1. Within the multiannual framework programme for actions in the energy sector, a specific programme for the promotion of clean solid fuel technologies, hereinafter referred to as the ‘Carnot’ programme, shall be implemented by the Community for the period 1998 to 2002. 2. In addition to the priority objectives listed in Article 1(2) of Decision 1999/21/EC, Euratom, the objectives of the Carnot programme shall be to: – promote the use of clean and efficient technologies to plants using solid fuels in order to limit emissions, including carbon dioxide emissions, from such use, – encourage the development of advanced clean solid fuel technologies in order to achieve improved BAT at affordable cost.”
93. 93. “Art. 43 1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within two years of its notification. They shall forthwith inform the Commission thereof. 2. Member States may decide not to apply Article 3 (g), (i), (j) and (k) to companies already in existence at the date of entry into force of the provisions referred to in paragraph 1. They may provide that the other provisions of this Directive shall not apply to such companies until 18 months after that date. However, this time limit may be three years in the case of Articles 6 and 9 and five years in the case of unregistered companies in the United Kingdom and Ireland. 3. Member States shall ensure that they communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
94. 94. Art. 10: Implementation 1. Member States shall adopt and publish before 20 July 2002 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions before 20 January 2003. 2. When these measures are adopted by the Member States, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 3. Without prejudice to paragraph 1, the Member States shall establish or approve the compensation body in accordance with Article 6(1) before 20 January 2002. If the compensation bodies have not concluded an agreement in accordance with Article 6(3) before 20 July 2002, the Commission shall propose measures designed to ensure that the provisions of Articles 6 and 7 take effect before 20 January 2003. 4. Member States may, in accordance with the Treaty, maintain or bring into force provisions which are more favourable to the injured party than the provisions necessary to comply with this Directive. 5. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive. Art. 11 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.”
95. 95. Commission Regulation (EC) No 2121/98 of 2 Oct. 1998 laying down detailed rules for the application of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards documents for the carriage of passengers by coach and bus (Text with EEA relevance), O.J. 1998, L 268/10–26.
96. 96. However, see e.g. Directive 77/99/EEC which has been criticized for introducing too onerous a burden on companies and has been subject of the SLIM treatment; see Report from the Commission to the European Parliament and Council, “Results of the 4th phase of SLIM”, COM(2000)56 final, pp. 2–3.
97. 97. See Communication of 12 Feb. 2001, CB/SG D (2001) 575.025.