Navigation path

Left navigation

Additional tools

Other available languages: FR

   The  Governments of the Member States and the Commission of the  European
   Communities were represented as follows:

   Belgium:
   Mr Robert URBAIN            Minister     for    Foreign     Trade     and
                               European Affairs

   Denmark:
   Mr Jan TRØJBORG             Minister for Industry
   Mr Christopher Bo BRAMSEN   State Secretary for Industry

   Germany:
   Mr Johann EEKHOFF           State   Secretary,   Federal   Ministry    of
                               Economic Affairs

   Greece:
   Mr Georges THEOFANOUS       Secretary-General, Ministry of Trade

   Spain:
   Mr Carlos WESTENDORP        State   Secretary  for  Relations  with   the
                               European Communities

   France:
   Mr Pierre SELLAL            Deputy Permanent Representative

   Ireland:
   Mr Eamonn RYAN              Deputy Permanent Representative

   Italy:
   Mr Livio PALLADIN           Minister for Community Policies

   Luxembourg:
   Mr Georges WOHLFART         State  Secretary  for  Foreign  Affairs   and
                               Foreign Trade

   Netherlands:
   Mr Ate OOSTRA               Deputy Permanent Representative

   Portugal:
   Mr Vitor MARTINS            State Secretary for European Integration

   United Kingdom:
   Mr Richard NEEDHAM          Minister for Trade

                                       *

                                 *          *

   Commission:
   Mr Martin BANGEMANN             Member
   Mr Raniero VANNI d'ARCHIRAFI    Member

   OPERATION OF THE INTERNAL MARKET INCLUDING TRANS-EUROPEAN NETWORKS

   The  Council  held  a preliminary exchange of views  on  a  communication
   adopted  by  the  Commission  on 2 June 1993  on  the  formulation  of  a
   strategic plan for the management and development of the Internal Market,
   together  with  a  working  document  designed  to  elicit  comments  and
   contributions  from all circles concerned including economic  and  social
   interest groups to serve as a basis for formulating the strategic plan.

   The  communication  allowed  the Council to hold  a  policy  debate  with
   particular reference to trans-European networks.

   Following  this debate, the Council asked the  Permanent  Representatives
   Committee  to make the necessary arrangements for a  detailed  horizontal
   examination of the various elements contained in the documents  submitted
   by the Commission with the aim of further discussion at the next  meeting
   of the Internal Market Council.

   MUTUAL ASSISTANCE BETWEEN ADMINISTRATIONS IN THE CUSTOMS AND  AGRICULTURE
   SECTORS

   The  Council noted the stage reached in the discussions on  the  proposal
   for  a  Regulation  on  mutual  assistance  between  the   administrative
   authorities of the Member States and co-operation between the latter  and
   the  Commission to ensure the correct application of the law  on  customs
   and agricultural matters.

   The main aim of the proposal is to:
   -  determine  the conditions of co-operation between the  Member  States'
      administrative authorities and with the Commission;

   -  set  up,  at  Community level, a computerized database  known  as  CIS
      (customs  information  system)  which, as a result  of  a  more  rapid
      dissemination  of  information,  should make for  more  effective  co-
      operation   and   controls  in  the  prevention,   investigation   and
      prosecution of fraud.

   It  should  be  stressed  that  the  work  on  this  proposal  drew  very
   extensively on the parallel
   inter-governmental  discussions  on a Convention  between  the  Community
   Member States on the use of information technology for customs  purposes.
   The aim of this inter-governmental convention is to combat fraud in areas
   not currently coming within the Community competence.

   Pending the European Parliament's first-reading Opinion the Council asked
   delegations  to continue their efforts with a view to ensuring that  this
   legal instrument could be adopted at an early date.

   TERM OF PROTECTION OF COPYRIGHT AND CERTAIN RELATED RIGHTS

   The  Council reached political agreement by a qualified majority  with  a
   view  to the adoption at a future meeting of the common position  on  the
   amended  proposal for a Directive harmonizing the term of  protection  of
   copyright and certain related rights.  The Irish, Luxembourg, Netherlands
   and  Portuguese delegations were unable to go along with  this  political
   agreement.

   With particular reference to copyright, the agreement makes provision for
   the harmonization of the term of protection at the lifetime of the author
   and  seventy  years  after his death as proposed by  the  Commission  and
   approved by the European Parliament.

   It  contains  a  special  rule  regarding  the  term  of  protection   of
   audiovisual  or  cinematographic works; protection  will  expire  seventy
   years  after  the  death of the last of the  following  to  survive:  the
   principal  director,  the author of the screen play, the  author  of  the
   dialogue  and the composer of music specifically created for use  in  the
   work.  The calculation of this period with reference to the death of  the
   above four persons is without prejudice to the question of the  ownership
   of the copyright to the works concerned.

   As  regards  the main related rights (those of performers,  producers  of
   phonograms and film producers), their term of protection is harmonized at
   fifty years.  The content of these rights has already been harmonized  in
   Directive 92/100/EEC on rental right and lending right.

   COMMUNITY CO-ORDINATION IN DRAWING UP BUSINESS REGISTERS FOR  STATISTICAL
   PURPOSES

   The  Council recorded its agreement, with Germany voting against, on  the
   substance  of  the Regulation on Community co-ordination  in  drawing  up
   business  registers for statistical purposes.  The aim of the  Regulation
   is the introduction in the Member States of harmonized registers of basic
   statistical units and to give the Member States' statistical  authorities
   access to the relevant national information.

   In  the context of the internal market, harmonized registers are  a  pre-
   requisite  for  producing statistics that are comparable  throughout  the
   Community.

   The  Regulation  accordingly aims to promote the setting up  of  national
   registers  which  would  be  administered  by  the  National  Statistical
   Institutes and would at the same time

   -  be compiled in an identical manner;

   -  contain compatible information; and

   -  make it possible to obtain consistent Community statistics, especially
      on  the  structure  of enterprises and groups of  enterprises  and  on
      mergers, buy-outs and takeovers.

   FREEDOM  OF MANAGEMENT AND INVESTMENT OF FUNDS HELD BY  INSTITUTIONS  FOR
   RETIREMENT PROVISION

   The Council discussed three basic questions arising in the context of the
   proposal  for  a  Directive relating to the  freedom  of  management  and
   investment  of funds held by Institutions for retirement  provision.  The
   discussion resulted in considerable progress in this respect.

   The proposal's main concern is to apply the principle of free movement of
   capital  to  funds  held  by Institutions  for  retirement  provision  by
   allowing for, in particular, freedom of cross-border financial management
   and   freedom  of  cross-border  investment.  Freedom   of   cross-border
   membership of Institutions for retirement provision is not covered
   by the proposal.

   During today's debate:

   -  agreement  emerged  on the guidelines contained  in  the  Presidency's
      compromise  proposal  as regards the definition of the  scope  of  the
      Directive  from which social security bodies meeting certain  criteria
      will be excluded;

   -  a  majority  of delegations was inclined to  favour  the  Presidency's
      proposal for matching rules (assets against commitments).

   The  Council  also examined other fundamental aspects  of  the  Directive
   involving  the  liberalization  of the management of  assets,  the  safe-
   keeping,  administration  and  localization  of  these  same  assets  (in
   practice  the  management  and  safe-keeping  may  be  entrusted  to   an
   individual  providing services established in a Member State  other  than
   that  of the institution for retirement provision),  while  acknowledging
   that  a  number  of  conditions and  accompanying  measures  have  to  be
   clarified.  Although   most  delegations  thought  the  outcome  of   the
   proceedings  on these points constituted a step in the  right  direction,
   further detailed study of this question is still needed.

   INFORMATION PROCEDURE IN THE FIELD OF TECHNICAL STANDARDS AND REGULATIONS

   The Council held a policy discussion on the proposal for an amendment  to
   Directive 83/189/EEC  which  aims  to  define  certain  aspects  of   the
   Directive's scope and to clarify the obligations the Directive places  on
   the Member States.

   It  will  be remembered that Directive 83/189/EEC obliges  Member  States
   contemplating  the  adoption  of  national  technical  rules   concerning
   industrial, agricultural, pharmaceutical and cosmetic products to:

   -  communicate to the Commission and the other Member States the texts of
      such rules at the draft stage;

   -  refrain from adopting them for a given period, which varies  according
      to the cases specified in the Directive.

   In  particular  the  Commission proposes that the  concept  of  technical
   specification  should  be  clarified, that the concept  of  the  de facto
   technical  rule  be  made  clear and the  provisions  on  the  status quo
   obligation be made more consistent.

   The Council resolved a number of problems regarding the Directive's scope
   and  agreed  to re-examine this dossier at a future meeting  so  that  it
   could reach a common position.

   COMMUNITY TRADE MARK

   The  Council  agreed  to  postpone  discussion  of  the  proposal  for  a
   Regulation  on  the Community trade mark until a later meeting  since  it
   emerged  that,  at  the  moment,  although  the  Presidency's  compromise
   proposals  had  received  broad  support, the  problem  of  the  language
   arrangements for the Community Trade Mark Office could not be resolved to
   the satisfaction of all delegations.

   FOOTWEAR LABELLING

   Having held a further discussion during which most delegations  confirmed
   the  advisability of adopting a Directive on this question,  the  Council
   instructed   the  Permanent  Representatives  Committee  to  resume   its
   examination  of this dossier as soon as possible to allow the Council  to
   reach an early decision on the matter.

   DUAL-USE GOODS AND TECHNOLOGIES

   The  Council  took note of progress on the draft Regulation  on  dual-use
   goods  and  of the fact that a number of  questions  remained  unresolved
   including:

   -  the legal structure of the Regulation;
   -  the prevention of fraudulent practices;
   -  the length of the transitional period.

   It  also  noted that work was continuing within the  Council  on  General
   Affairs.

   The Council took note of the statement by the Commission and the comments
   made by delegations, account of which will be taken during the subsequent
   proceedings,  and  trusted that work would be expedited in  view  of  the
   urgency and importance of the dossier for the internal market.

   MACHINERY

   Further  to the adoption of the common position on  17 December 1992  and
   the   completion  of  the  co-operation  procedure  with   the   European
   Parliament, the Council adopted definitively, with the German  delegation
   abstaining, the Directive on the approximation of the laws of the  Member
   States  relating to machinery.  The text adopted corresponds to  that  of
   the common position.

   This  Directive aims on the one hand to amend a number of the  provisions
   in   Directive 89/392/EEC  (fixed  machinery)  and   91/368/EEC   (mobile
   machinery  and lifting devices) but is primarily aimed  at  supplementing
   those  two  Directives with additional requirements  concerning  devices,
   other than lifts, designed for lifting or moving persons.

   TWO  OR  THREE-WHEEL MOTOR VEHICLES - MAXIMUM SPEED,  TORQUE  AND  ENGINE
   POWER

   With  the  UK abstaining, the Council adopted a common  position  on  the
   substance  of the Directive on the maximum design speed,  maximum  torque
   and maximum net engine power of two and three-wheel vehicles.

   This  Directive  lays down the requirements concerning  the  methods  for
   measuring  these  characteristics.  The method of measuring  the  maximum
   design  speed  is particularly important for the classification  of  such
   vehicles  as  mopeds, motorcycles or tricycles, where  the  maximum-speed
   parameter is fundamental.

   Furthermore, for road-safety reasons, the net engine power of any two  or
   three-wheel vehicle has been limited to 74 kW.

   However,  a derogation has been provided for which allows a Member  State
   to exempt at national level, for a five-year period beginning on the date
   of implementation of the Directive (24 months after its final  adoption),
   vehicles  presented  for registration in its territory provided  the  net
   power of such vehicles does not exceed 94 kW.

   The Commission is to report on the application of this derogation, taking
   particular  account  of  the latest information  on  accidents  involving
   motorcycles,  and  to  present  any  proposals  for  amendments  to   the
   Directive,   on  which  the  Council  must  act  within  five  years   of
   implementation of the Directive.

   The  Council will formally adopt the common position once the  texts  are
   completely finalized.

   FUTURE SYSTEM FOR THE FREE MOVEMENT OF MEDICINAL PRODUCTS

   Following  completion  of the co-operation procedure  with  the  European
   Parliament, the Council finally adopted, by a qualified majority with the
   German  delegation  voting against, the three Directives  on  the  future
   system for the free movement of medicinal products.

   This involves in particular:

   -  amendments  to Directives 65/65/EEC, 75/318/EEC and 75/319/EEC on  the
      approximation  of  the  provisions laid down by  law,  regulation  and
      administrative action relating to medicinal products for human use;

   -  amendments   to   Directives 81/851/EEC   and   81/852/EEC   on    the
      approximation  of  the  laws  of  the  Member  States  in  respect  of
      veterinary medicinal products;

   -  the  repeal  of Directive 87/22/EEC on the approximation  of  national
      measures  relating  to the placing on the market  of  high  technology
      medicinal products, particularly those derived from biotechnology;

   The Council adopted the common positions on these three Directives at its
   meeting on 17 December 1992.

   Definitive  adoption of the Regulation laying down  Community  procedures
   for the authorization and supervision of medicinal products for human and
   veterinary  use and establishing a European Agency for the Evaluation  of
   Medicinal  Products  will take place at a  future  Council  meeting.  The
   Council  also recorded its political agreement on that Regulation at  the
   same meeting on 17 December 1992.

   The  new  system, which supplements the technical  harmonization  in  the
   pharmaceuticals  sector begun in 1965 and completed at the  beginning  of
   1992 with the adoption of the Directives on the rational use of medicinal
   products for human use, is designed to ensure a genuine single market  in
   medicinal products.

   The  Directives adopted reinforce the decentralized procedure  introduced
   in this sector in 1983.  That procedure, which is based on the  principle
   of  mutual  recognition  of  national  authorizations,  allows  marketing
   authorizations issued by one Member State to be extended to other  Member
   States.

   The new procedure, which is based on experience acquired using the multi-
   State  Community  procedure,  will enable a firm which  has  obtained  an
   authorization in one Member State to apply for one or more Member  States
   to accept that authorization, with binding arbitration at Community level
   in the event of non-acceptance by one of the Member States concerned.

   After a three-year period during which the decentralized procedure  would
   continue to be optional, this procedure would become compulsory  whenever
   a request for authorization concerns more than one Member State, in order
   to ensure that decisions are uniform throughout the internal market.

   Co-operation  and, where appropriate, co-ordination procedures  regarding
   pharmacovigilance (monitoring of the side effects of medicinal  products)
   will also be introduced by means of new Directives.

   CONVENTION ON THE ELABORATION OF A EUROPEAN PHARMACOPOEIA

   The  Council noted there was substantive agreement on the draft  Decision
   accepting,  on behalf of the European Economic Community, the  Convention
   on the elaboration of a European Pharmacopoeia.

   The  Council  agreed  to forward this draft to  the  European  Parliament
   within  the  framework  of  the co-operation procedure  with  a  view  to
   resuming  examination thereof in the light of the  European  Parliament's
   Opinion.

   The  Convention on the elaboration of a European Pharmacopoeia, drawn  up
   within  the  Council  of Europe, aims  to  harmonize  specifications  for
   medicinal  substances and pharmaceutical preparations to enable  them  to
   circulate in Europe; the monographs of the European Pharmacopoeia  become
   official  technical  rules  applicable  within  the  territories  of  the
   countries which are Contracting Parties to the Convention.

                                       *

                                 *          *

   OTHER BUSINESS

   The Council noted that a Commission communication on a proposal regarding
   precious metals would be submitted before the end of June.

   The  Council  also took note of information provided  by  the  Commission
   regarding the advisability of Community legislation on the fire behaviour
   of  upholstered furniture, as well as a note on the subject submitted  by
   the Italian delegation.

                    MISCELLANEOUS INTERNAL MARKET DECISIONS

                                  Foodstuffs

   Hygiene

   Further  to  the  common position adopted on  17 December  1992  and  the
   completion  of the co-operation procedure with the  European  Parliament,
   the Council finally adopted the Directive on the hygiene of foodstuffs.

   This  is a horizontal Directive applying to foodstuffs  and  undertakings
   that  deal with foodstuffs.  It supplements Directive 89/397/EEC  on  the
   control  of  foodstuffs by laying down general rules  for  improving  the
   level  of food hygiene in the Community at all stages of  production  and
   sale to the ultimate consumer and ensuring that the rules are observed by
   operators.

   Control

   The Council adopted a common position on the Directive on the subject  of
   additional measures concerning the official control of  foodstuffs.  This
   supplements Directive 89/397/EEC - which lays down general principles for
   the  official  control of foodstuffs - with  specific  provisions  mainly
   concerning co-operation between the Commission and the Member States  and
   the  assessment  and approval of laboratories.  The aim  of  these  extra
   provisions is to improve the control procedures already in force.

   In particular, the Directive provides that:

   -  Member  States must take the necessary steps to ensure that  staff  of
      the relevant authorities possess adequate technical and administrative
      qualifications;

   -  a system of quality standards will be introduced for the  laboratories
      entrusted  by Member States with the control in question; this  system
      must  comply  with  generally accepted  and  standardized  norms;  the
      laboratories must use validated methods of analysis wherever possible;

   -  there  will be closer co-operation between the Member States'  control
      authorities;

   -  national   authorities   and  the  Commission  will   provide   mutual
      administrative   assistance  to  ensure  proper  application  of   the
      legislation on foodstuffs, in particular through preventive action and
      the  detection of infringements or behaviour suspected  of  infringing
      the rules.

                       Two or three-wheel motor vehicles

   Following    the    adoption   on   18 June 1992   of    the    Framework
   Directive 92/61/EEC  laying down the administrative arrangements for  the
   type-approval of two or three-wheel motor vehicles and for  type-approval
   of  their  components, the Council adopted  the  legislative  instruments
   which are summarized below.

   The provisions involved form part of the procedure for the  type-approval
   of  the  two  or  three-wheel motor vehicles  covered  by  the  Framework
   Directive 92/61/EEC.  They   lay  down  technical   requirements   which,
   together  with those relating to the other elements  and  characteristics
   provided for in Annex I to the Framework Directive, must be complied with
   before  such  vehicles  can receive type-approval and be  placed  on  the
   Community market.

   These requirements are necessary partly in order to harmonize the  widely
   differing  legislative  provisions that exist in the  Member  States  and
   partly for reasons of road safety.

   Statutory markings
   Unauthorized use

   Following  the  European Parliament's approval,  under  the  co-operation
   procedure,  of the common positions of 5 April 1993, the Council  finally
   adopted the Directives on statutory markings for two or three-wheel motor
   vehicles  and  on  protective devices (anti-theft  devices)  intended  to
   prevent the unauthorized use of the vehicles in question.

   The  statutory markings must be placed indelibly in  the  "manufacturer's
   data plate" to make it possible, during police road-checks, to  ascertain
   whether a vehicle belongs to the series of the vehicle type that has been
   approved and thus complies with the construction requirements laid down.

   With  regard  to  unauthorized use, the  requirements  contained  in  the
   Directive adopted concern the construction requirements for such  devices
   and the requirements relating to their operation after installation on  a
   vehicle.  From the point of view of road safety, the requirements of  the
   Directive are concerned among other things with avoiding the risks - when
   the  vehicle  is  in  motion or the engine is  turning  -  of  accidental
   blocking  of the device or of deterioration of the steering mechanism  or
   the transmission on which the device acts, which could impair safety.

   Identification of controls, telltales and indicators
   Audible warning devices
   Stands
   Passenger hand-holds

   Following  the  European Parliament's approval,  under  the  co-operation
   procedure,  of  the  common positions adopted  on  25 February 1993,  the
   Council finally adopted the Directives on:

   -  the  identification of controls, telltales and indicators for  two  or
      three-wheel vehicles;
   -  audible warning devices for such vehicles;
   -  stands;
   -  passenger hand-holds.

   The identification of controls, telltales and indicators is necessary  to
   assist  the  driving of the vehicle and thus help  increase  safety.  The
   colours   laid  down  for  optical  telltales,  for   example,   indicate
   respectively danger (red), caution (amber) and safety (green).

   The  Directive  for  audible  warning  devices  lays  down   construction
   requirements and requirements relating to their installation in vehicles.
   The purpose of these devices is to warn of the presence or of a manoeuvre
   of  the vehicle in a dangerous road-traffic situation but  without  going
   above excessive noise thresholds.

   The  Directive on stands lays down requirements relating to their  design
   and installation on a vehicle.  A stand is a device fixed to the  vehicle
   to  enable it to remain in a parking position when at a  standstill.  The
   proposed  requirements are designed to ensure that the  device  functions
   properly and that vehicles cannot tip over and cause injury or damage  to
   riders or other persons or objects in the vicinity.

   Passenger  hand-holds are required to take the form of a strap or  grips,
   the  aim  being  that,  where provision is made for  the  carriage  of  a
   passenger,  the  position  of  the passenger  on  board  the  vehicle  is
   maintained.

   Installation  of lighting and light-signalling devices on two  or  three-
   wheel motor vehicles

   The Council adopted a common position on the proposal for a Regulation on
   the  installation  of  lighting and light-signalling devices  on  two  or
   three-wheel motor vehicles.

   The  text  of  the  common  position,  which  generally  adheres  to  the
   Commission proposal, contains some innovations intended to contribute  to
   improving  road  safety.  Thus provisions were introduced  requiring  the
   installation of a stop lamp on two-wheel mopeds, optional installation of
   direction  indicator  lamps and rear registration plate  lamps  on  those
   vehicles and the obligation to install a hazard warning signal on  three-
   wheel mopeds and quadricycles.

   Space for the mounting of the rear registration plate

   The Council adopted the common position on the Directive on the space for
   the  mounting  of  the  rear registration plate  of  two  or  three-wheel
   vehicles.

   This  involves  technical requirements applicable to the  space  for  the
   plate in question with particular reference to the dimensions, angle  and
   height of the space for the plate and also the optimum conditions for the
   visibility of the plate to be mounted in it.

   With regard to road safety, the purpose of the registration plate is  not
   only to be able to identify the vehicle's owner but also its driver  when
   he infringes the highway code.

   To  enable  large  rear registration plates to continue  to  be  used  in
   certain Member States, it has been decided to determine the dimensions of
   the space (100 mm x 175 mm) rather than the plate itself.

   Masses and dimensions

   The  Council adopted the common position on the Directive on  the  masses
   and dimensions of two or three-wheel vehicles.

   As  regards road safety, the requirements of this Directive are  designed
   to ensure that vehicles with excessive dimensions or weights relative  to
   their power unit cannot be marketed and hamper the flow of  traffic.  The
   maximum permissible width is one metre for mopeds and two metres for  the
   other vehicles covered by the Directive, including quadricycles.

                               Public contracts

   The  Council  finally adopted the remaining three  Directives  concerning
   public contracts contained in the White Paper on completing the  internal
   market.

   Supply contracts - consolidation

   Following  the  European  Parliament's approval of  the  common  position
   adopted  on  5 April 1993,  the Council  finally  adopted  the  Directive
   concerning the co-ordination of procedures for the award of public supply
   contracts.

   The purpose of the Directive is to carry out a legislative  consolidation
   of the legislation in force, in that the new Regulation will replace  the
   various Regulations which are the subject of the consolidation operation.

   It  aims  more  particularly to  recast  (legislative  consolidation  and
   amendment)  Directive 72/62/EEC  in  order  to bring  it  into  line,  in
   particular  in  respect  of procedural rules but  also  of  other  rules,
   including  provisions  on technical specifications, with  the  Directives
   concerning public works and service contracts.

   Public works - consolidation

   Following  the common position adopted at the Internal Market Council  on
   18 June 1992  and  completion  of the  co-operation  procedure  with  the
   European  Parliament,  the Council finally adopted the Directive  on  the
   legislative  consolidation of the rules in force on the co-ordination  of
   procedures for the award of public works contracts.

   This  Directive will replace the previous acts by bringing them  together
   under   one  head  and  making  the  formal  amendments  to  them   which
   consolidation  requires.  The  purpose of legislative  consolidation  is,
   therefore,  to make Community texts on public works contracts  accessible
   and comprehensible to European citizens.

   "Excluded" sectors - consolidation

   Following the common position adopted on 21 December 1992 and  completion
   of  the co-operation procedure with the European Parliament, the  Council
   proceeded  with final adoption of the Directive on the  co-ordination  of
   procedures for the award of contracts in the water, energy, transport and
   telecommunications sectors.

   This involves amendment of Directive 90/531/EEC on the procedures for the
   award   of  public  contracts  in  the  water,  energy,   transport   and
   telecommunications sectors (excluded sectors).

   The  Directive  is  designed to extend  the  procedural  arrangements  of
   Directive 90/531/EEC, which regulated purchases of supplies and works  by
   entities  in the excluded sectors, to purchases of services by  the  same
   entities.  It is the final stage of the legislation on public procurement
   provided for in the White Paper on the internal market.

   The    Directive    is    aimed   in    particular    at    supplementing
   Directive 90/531/EEC,  of  which  the new  Directive  is  a  consolidated
   version, to allow for the specific characteristics of service  contracts.
   The  adjustments  proposed for this purpose by and  large  replicate  the
   arrangements  adopted  in the Directive on the award  of  public  service
   contracts.

   The  Directive will in particular apply in full to services  regarded  as
   priorities  (for  example  maintenance  and  repair  services,   computer
   services,  advertising services, certain financial and broking  services,
   certain  R&D  services, architectural and engineering  services,  certain
   transport  and  telecommunications  services)  since  they  show  greater
   potential  for  cross-frontier  operations.  Non-priority  services  (for
   example   hotel  services,  legal  services,  education  and   vocational
   education  services,  social  services  etc.)  are  subject  to   minimum
   retrospective transparency requirements.

   The opening up of community service contracts in the excluded sectors  to
   third-country  providers  of  services and tenders is  accompanied  by  a
   provision  stipulating that the Commission may propose that the  Council,
   acting  by a qualified majority, take safeguard measures in  relation  to
   third  countries  which  do not grant  Community  undertakings  effective
   access to their markets.

                              CE conformity mark

   Following  the political agreement of 5 April 1993 the  Council  formally
   adopted  the  common  positions  on the Directive  and  the  Decision  on
   harmonization of rules on CE conformity markings for industrial  products
   covered by the New Approach directives.

   The instruments concerned are:

   -  a proposal for a Directive amending eleven Directives already  adopted
      on  the basis of the "New Approach" and introducing the CE  mark  into
      Directive 73/23/EEC concerning low voltage, as follows:

      - 87/404/EEC (simple pressure vessels);
      - 88/378/EEC (safety of toys);
      - 89/106/EEC (construction products);
      - 89/336/EEC (electromagnetic compatibility);
      - 89/392/EEC (machinery);
      - 89/686/EEC (individual protective equipment);
      - 90/384/EEC (non-automatic weighing instruments);
      - 90/385/EEC (active implantable medical devices);
      - 90/396/EEC (appliances burning gaseous fuels);
      - 91/263/EEC (telecommunications terminal equipment);
      - 92/42/EEC  (new  hot-water  boilers fired  with  liquid  or  gaseous
        fuels);
      - 73/23/EEC  (electrical  equipment designed for  use  within  certain
        voltage limits);

   -  a  Decision  supplementing  Decision 90/683/EEC  of   13 December 1990
      concerning  the  certification  modules  for  use  in  the   technical
      Directives  with  provisions  regarding the  harmonized  rules  on  CE
      conformity marking.

   The  CE marking rules adopted implement the principles laid down  in  the
   Council  Resolution  of  7 May 1985  on  the  New  Approach  and  in  the
   Resolution  of  21 December 1989  on  a  global  approach  to  conformity
   assessment of industrial products.  Under these rules, the CE mark on  an
   industrial  product  denotes  the latter's conformity  with  all  of  the
   provisions of the Directive concerning it.

                                Medical devices

   Following  the common position adopted on 8 February 1993 and  completion
   of  the co-operation procedure with the European Parliament, the  Council
   finally adopted the Directive on medical devices.

   This  Directive, the proposal for which was submitted in the  context  of
   the  White  Paper  on the completion of the  internal  market,  seeks  to
   harmonize,   in  accordance  with  the  "new  approach"  procedure,   the
   conditions for the marketing and placing into service of medical  devices
   with  a view to protecting the health and safety of patients  and  users.
   To  this end, the devices must meet the essential requirements  contained
   in  Annex I  to  the Directive and follow the  system  of  classification
   provided  for in Annex 9 with a view to certifying their conformity  with
   the provisions of the Directive.

   Under  the  Directive,  the term "medical device" is  used  to  mean  any
   instrument,  apparatus  or appliance intended by the manufacturer  to  be
   used  in  human beings for medical purposes, such as,  for  example,  the
   diagnosis, prevention, monitoring, treatment or alleviation of a disease.
   It   should  be  remembered  that  pacemakers  are  already  covered   by
   Directive 90/385/EEC on active implantable medical devices.

   It  should be emphasized that the Directive provides for medical  devices
   to be classified according to the risk which their use entails for  human
   beings.  Procedures  for assessing compliance with the provisions of  the
   Directive are laid down for each category of device, with a more rigorous
   assessment the greater the risk involved.

      Statistical classification of products by activity in the European
                              Economic Community

   The  Council  adopted  a  common  position  on  the  Regulation  on   the
   statistical classification of products by activity in the Community.

   The  purpose  of  the  Regulation is to  establish  a  classification  of
   products  by activity in the Community in order to  ensure  comparability
   between  national  and  Community  classifications  and,  hence,  between
   national and Community statistics.  It establishes a common basis for the
   classification of products by activities (CPA) in the Community.

                               Cosmetic products

   Following  the  common  position  adopted  on  17 December 1992  and  the
   completion  of the co-operation procedure with the  European  Parliament,
   the  Council  finally adopted the Directive amending for the  sixth  time
   Directive 76/768/EEC  on  the  approximation of the laws  of  the  Member
   States relating to cosmetic products.

   The  new Directive is designed to improve and harmonize  information  for
   consumers  and supervisory authorities on cosmetic products  marketed  in
   the  Community  and  thereby to eliminate the  last  remaining  risks  of
   barriers to the free movement of such products in the single  market.  Is
   also deals with the banning of animal experiments to test the  conformity
   of  ingredients  of  cosmetic  products  with  the  requirements  of  the
   Directive.

   In  the area of information, the Directive provides specifically for  the
   compiling of an inventory of ingredients used in cosmetic products with a
   view,  in  particular,  to establishing a common  nomenclature  for  such
   ingredients.  The  text also provides for an obligation on  producers  to
   indicate  the  ingredients  on the packaging  of  cosmetic  products.  In
   addition,  it  lays  down  criteria  for the  form  and  content  of  the
   information   which  the  manufacturer  must  keep  available   for   the
   supervisory authorities, in particular on the identity, quality, efficacy
   and safety of the product.

   With  regard  to  the  testing of cosmetics  on  animals,  the  Directive
   provides  that  the  Member States shall ban the  marketing  of  cosmetic
   products containing ingredients or combinations of ingredients tested  on
   animals as from January 1998.

   However,  in cases where, because of insufficient progress in  developing
   alternatives  to  animal testing, there are no  scientifically  validated
   alternative methods offering an equivalent level of consumer  protection,
   the  date of application of the ban will be deferred by decision  of  the
   Commission,  assisted by a committee composed of representatives  of  the
   Member States.

       Community measures for the benefit of enterprises, in particular
                      small and medium-sized enterprises

   The  Council adopted a Decision on a multiannual programme  of  Community
   measures to intensify the priority areas and to ensure the continuity and
   consolidation  of policy for enterprise, in particular small and  medium-
   sized enterprises, in the Community.

   The  objectives  of  the  programme,  adopted  as  from  1 July 1993  and
   extending until 31 December 1996, are as follows:

   I. INTENSIFYING  THE PRIORITY MEASURES FOR ENTERPRISE POLICY IN ORDER  TO
      STIMULATE GROWTH WITHIN THE COMMUNITY

   A. Improvement of the administrative and legal environment of enterprises
      inter alia in the area of indirect taxation in order to alleviate  the
      burdens on SMEs arising from Community legislation

   B. Better access to Community information for enterprises

   C. Improving the business-partner-search network

   D. Continued development of instruments permitting direct contact between
      entrepreneurs and aimed at promoting transnational subcontracting

   E. Ensuring  full consideration of the interests of SMEs in  the  various
      Community initiatives and policies

   II.  ENSURING  THE CONTINUITY AND CONSOLIDATION OF ENTERPRISE  POLICY  IN
        ORDER  TO ENCOURAGE THE EUROPEANIZATION AND INTERNATIONALIZATION  OF
        ENTERPRISES, ESPECIALLY SMEs,

   A. Encouraging  SMEs, including craft-industry enterprises, to  adapt  to
      structural  changes  and  to changes brought  about  by  the  internal
      market, in particular through information, exchange of experiences and
      transnational co-operation activities

   B. Promoting a better financial environment for enterprises

   C. Promoting   better   observation  of  the  economic   development   of
      enterprises as part of the dynamic of effective implementation of  the
      internal market

   D. Evaluation and development of enterprise policy.

   In order to achieve these objectives and insofar as they cannot be better
   achieved  by the Member States, the Commission, assisted by  a  Committee
   composed  of  representatives of the Member States, will  implement  such
   measures  as need be taken at Community level, allowing for the  findings
   of any evaluation reports.

   The total amount deemed necessary for implementation of this Decision  is
   ECU 112,2 million,  including the existing budgetary amount for  1993  of
   ECU 24,8 million provided for completion of the existing SME programmes.

   This  initiative  is  one of the measures to support  growth  within  the
   Community  which  were launched by the European Council in  Edinburgh  in
   December 1992,  which  recognized "the importance of  SMEs  for  creating
   employment and stimulating growth".

                            MISCELLANEOUS DECISIONS

   Customs union

   The  Council  adopted Regulations temporarily suspending  the  autonomous
   Common Customs Tariff duties on certain industrial products
   -  in the microelectronics and related sectors, and
   -  in the chemical and related sectors.

   Anti-dumping

   The Council adopted a Regulation imposing a definitive anti-dumping  duty
   on  imports  of magnesium oxide originating in the People's  Republic  of
   China.

                                     * * *

Side Bar