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Approximation of legislation Work undertaken between 1 January 1958 and 31 March 1965

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Page 1: Work undertaken between 1 January 1958 and 31 March 1965aei.pitt.edu › 6884 › 1 › 6884.pdf · Work undertaken between 1 January 1958 and 31 March 1965 Legal nature of the approximation

Approximation of legislation

Work undertaken between 1 January 1958 and 31 March 1965

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·;

Approximation of legislation

Work undertaken between 1 January 1958 and 31 March 1965

·-.

ABBREVIATIONS

ad. =adopted on ESC = Economic and Social amdt. =amendment Committee

Art(s). = Article(s) of the Treaty of ex. = examination Rome form und. = work in hand since ... but

Bull. S. = Supplement to Bulletin of legal form still undecided the EEC, No. -year/page. OGEC = official gazette of the

CJE = Court of Justice of the European Communities,

European Communities page/year

Com. = EEC Commission op. =opinion p.d. = preliminary draft

conv. = convention prep. = in preparation since

cptd. = completed in pub. =published

dec. =decision rec. = recommendation

dir. =directive sub. = submitted by the

Commission to the Council EP = European Parliament on

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N

Legal basis

Arts. 28, 111, 113, 114

Art. 111

Arts. 27, 155

Arts. 27, 155

Arts. 27, 155

Arts. 27, 155

Arts. 27, 155

Arts. 27, 155

Arts. 27, 155

Approximation of legislation Work undertaken between 1 January 1958 and 31 March 1965

Legal nature of the approximation measure and state of progress

Object of the measures approximating legislation or creating European law

I. CUSTOMS LEGISLATION EXTERNAL TRADE

Progressive establishment of a common procedure for admin­istering quantitative EEC import quotas

Establishment of a common list for the liberalization of imports from non-member countries

Definition of taxable weight

Charges on packages imported filled

Tariff treatment of merchandise reimported after processing

A standard customs tariff for small consignments

Reference date for determining the rate of customs duty char­geable on merchandise when taken out of bond

Customs arrangements for tools imported temporarily from one Member State into another

Definition of"ordinarily resident" for temporary import of private road vehicles from one Member State into another

Conventions between

the Member States

Council Regulation

p.d. cptd. 1965

p.d. cptd. 1965

Council Directive

Other legal acts (decisions,

recommendations, opinions),

and remarks

rec. 13.3.61 OGEC 880/61

tee. 13.3.61 OGEC 880/61

rec.29.11.61 OGEC79/62

rec. 23.2.62 OGEC 724/62

rec. 25.5.62 OGEC 1545/62

rec. 8.11.62 OGEC 2767/62

rec. 6.2.63 OG EC 370/63

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w

Arts. 27, 155

Arts. 27, 155

Arts. 27, 155

Art. 111

Art. 111

Art. 111

Art. 100

Arts. 10, 100, 155

Art. 111

Art. 100

Art. 48

Art. 56(2)

Refunding or remission of duties and charges on merchanedise rejected by the importer as defective

Customs arrangements for teach­ing aids imported temporarily from one Member State into another

Small consignments exempted from customs duty

EEC commercial protection against abnormal practices by non-member countries :principles and procedure

Protection against dumping and the payment of bounties or subsidies by non-member coun­tries

Common definition of the origin of goods

Customs clearence

Progressive abolition of frontier controls (Community transit trade)

Inwards processing traffic

Arrangements for bonded ware­houses and free ports

II. FREE MOVEMENT OF WORKERS

Free movement of workers

III. FREEDOM OF ESTAB­LISHMENT AND SER­VICES

1. General Entry and residence

sub. 26.11.63 BulLS. 1-64/2

p.d. cptd. 1965

sub. 29.12.64 BulLS. 3-65/2

No. 38/64 ad. 25.3.64 OGEC 965/64

No. 64/240 ad. 25.3.64 OGEC 981/64

No. 64/221 ad. 25.2.64 OGEC 850/64

.·. rec.1 0.12.63 OG EC2959 /63

rec. 29.6.64 OGEC 1814/64

rec. 18.12.64 OGEC 71/65

form und. 1965

form und. 1962

form und. 1963

form und. 1965

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J

... Legal basis

Atts. 57(2), 66

Atts. 57(2), 66

Arts. 57(2), 66

Arts. 57(2), 66

Arts. 57(2), 66

Arts. 57(2), 66

Arts. 57(2), 66

Arts. 54, 63

Art. 57(2)

Art. 57(2)

Art. 57(2)

Art. 57(2)

Object of the measures approximating legislation

or creating European law

2. Access to and pursuit of economic activities

Crafts and small industry

Industry proper (e.g. manufacture of pharmaceutical products)

Commerce (wholesale, e.g. pharm­aceutical products, retail)

Activities serving commerce

Real estate

Services to enterprises (advertis­ing)

Transport auxiliaries, etc.

3. Public works contracts (see also COMPETITION, No.2)

Participation of firms in public works contracts

4. Banking and insurance pro­fessions

Access and pursuit :

Banks and other credit establish­ments

Life insurance

Direct insurance

Insurance contracts

Legal nature of the approximation measure and state of progress

Conventions between

the Member States

Council Regulation

Council Directive

prep. 1963

p.d. cptd. 1965

p.d. cptd. 1965

prep. 1962

prep. 1964

prep. 1964

prep. 1962

sub. 16.3.64 Bull. S. 5-64/20

prep. 1963

prep. 1964

prep. 1962

prep. 1965

Other legal acts (decisions,

recommendations, opinions)

and remarks

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(11

Arts. 57(2), 66 Arts. 57(2), 66 Arts. 57(2), 66 Arts. 57(2), 66 Arts. 57(2), 66

Arts. 57(2), 66 Arts. 57(2), 66

Arts. 57(2), 66 Arts. 57(2), 66 Arts. 57(2), 66 Arts. 57(2), 66 Arts. 57(2), 66 Arts. 57(2), 66

Arts. 57(2), 66

Arts. 57(2), 66 Arts. 57(2), 66

Art. 63(2)

Art. 63(2)

Art. 54(3,g)

5. Other professions: access and pursuit

Technical professions : Architecture Engineering Accountancy Surveying Agriculture

Cultural professions : Journalism Entertainment

Medical professions : Doctors Pharmacists Veterinarians Dentists Optician& Paramedical professions

Legal professions : Lawyers (barristers, solicitors, etc.) Tax consultants Patent agents

6. Cinema

Freedom to supply services in the film industry

Nationality certificates for films

7. Guarantees required of com­panies (See also COMPETITION, No. 12)

Sociites anonymes, societis a res­ponsabilite !imitee and socii/is en commandite par actions : Publication of particulars, validity of commit­ments, nullity of association

"

p.d. cptd. 1965 p.d. cptd. 1965 p.d. cptd. 1965 p.d. cptd. 1965 p.d. cptd. 1965

prep. 1965 prep. 1965

prep. 1962 prep. 1963 prep. 1965 prep. 1965 prep. 1965 prep. 1965

prep. 1964

prep. 1964 prep. 1964

No. 63/607 ad. 15.10.63 OGEC 2661j63

sub. 21.2.64 Bull. S. 3-64/10

~:! j

rcc. 8.4.64 OGEC 1025/64

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I o-

Legal basis

Art. 54(3,g)

Art. 54(3,g)

Art. 54(3,g)

Art. 54(3,g)

Art. 54(3,g)

Arts. 67, 69

Arts. 67, 69

Arts. 67, 69

Art. 100

Object of the measures approximating legislation or creating European law

S ociites anonymes, socii tis a respon­sabiliti !imitee and sociitis en commandite par actions : l\Iatters not covered by the first directive

Co-operatives

Other companies under civil and commercial law

Other legal persons under private law

Legal persons under public law

IV. MOVEMENT OF CAPITAL

Direct investment, movements of capital, short- and medium-term loans, transactions in securities

Amendment of above directive

Abolition of discrimination in connection with the issuing and placing of foreign securities

V. COMPETITION 1. Technical obstacles to trade

Traffic indicators of motor vehi­cles and trailers

Legal nature of the approximation measure and state of progress

Conventions between

the Member States

Council Regulation

Council Directive

prep. 1964

prep. 1965

prep. 1965

prep. 1965

prep. 1965

ad. 11.5.60 OGEC 921/60

No. 63/21 ad. 18.12.62 OGEC 62/63

sub. 14.4.64

prep. 1961

Other legal acts (decisions,

recommendations, opinions)

and remarks

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.....,

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Rear registration plates for motor vehicles and trailers

Licensing of motor vehicles and trailers

Brakes on motor vehicles and trailers

Suppression of radio interference caused by internal combustion engines

Lighting equipment and illuminat­ed signals on motor vehicles

Permissible noise level for motor vehicles

Brakes on certain categories of motor vehicles and trailers

Safety windows on motor vehicles

Maximum speeds (by type) of farm tractors and their equipment with additional seats and with loading surfaces

Licensing of farm tractors

Brakes on farm tractors

Lighting equipment and illuminat­ed signals on farm tractors

Protection of drive take-off on farm tractors

Maximum dimensions, brakes, lighting equipment and illuminat­ed signals for self-propelled com­bine harvesters

Measuring instruments

Weights, commercially accurate

Weighing appliances, commercial­ly accurate

Medical thermometers

prep. 1962

prep. 1963

prep. 1962

prep. 1962

prep. 1963

prep. 1964

prep. 1964

prep. 1962

prep. 1961

prep. 1965

prep. 1962

prep. 1962

prep. 1964

prep. 1965

prep. 1963

prep. 1963

prep. 1963

prep. 1964

.,

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,,/ 01)

Legal basis

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Arts. 7, 54, 63, 100, 223

Art. 100

Art. 100

Object of the measures approximating legislation

or creating European law

Gas meters

Liquid meters

Measurement of natural weight of cereals by hectolitre

Measurement of tanker tonnage

Pressure appliances subject to control

Low-tension electrical equipment

Household electrical appliances

Fertilizers

Rules for the construction and exploitation of oil pipelines

Precious metals

2. Public contracts (see also FREEDOM OF ESTABLISHMENT AND SERVICES, No. 3)

Procedures for the award of public works contracts

Procedures for the award of public supply contracts

3. Pharmaceutical products Marketing of branded pharma­ceuticals

Legal nature of the approximation measure and state of progress

Conventions between

the Member States

Council Regulation

Council Directive

prep. 1964

prep. 1964

prep. 1964

prep. 1964

ptep. 1964

prep. 1964

prep. 1965

prep. 1964

prep. 1965

sub. 28.7.64 Bull. S. 9/10-64/12

prep. 1964

No. 65/65 ad. 26.1.65 OGEC 369/65

Other legal acts (decisions,

recommendations, opinions)

and remarks

form und. 1964

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-o

Art. 100

·Art. 100

Art. 100

Art. 100

Art. 100

Arts. 100, 101

Arts. 100, 101

Arts. 100, 101

Art. 103

Art. 100

Art. 102

Arts. 101, 102

Art. 101

Arts. 101, 102

Control of branded pharmaceu­ticals

Advertising of branded pharma­ceuticals

Patentability of pharmaceutical products

Colouring matter in pharmaceu­tical products

Mutual recognition of licences for sale

4. Price legislation

5. Air and water pollution

6. Fuel and power

Stocking of oil products

7. PTT

Postal rates

8. Elimination or prevention of distortions of competition in specific cases

Italian Law No. 3906 (formerly Bill) relating to the nationalization of the electricity industry

12th Federal German turnover­tax amendment law relating to the increase of turnover equal­ization tax, and 15th turnover-tax amendment law relating to refunds

Italian Law No. 639 on standard­rate refunds on exports of certain mechanical engineering products

Dutch law amending turnover tax and export refunds

sub. 24.2.64 Bull. S. 4-64/2

prep. 1962

prep. 1963

prep. 1963

prep. 1965

sub. 5.11.64 Bull. S. 2-65/2

p.d. cptd. 1965

form und. 1964

form und. 1964

prior ex. pursuant to Art. 102 begun in 1962, see dec. CJE 6/64 (Costa-ENEL)

ex. pursuant to Arts. 101, 102 begun in 1963

procedure pursuant to Art. 101 begun in 1964

prior ex. pursuant to Arts. 101, 102 begun in 1964

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I

/ 0

Legal basis

Art. 101

Art. 101

Art. 102

Art. 102

Art. 102

Art. 102

Art. 102

Art. 220(4)

Art, 220(4)

~.

Legal nature of the approximation measure and state of progress

Object of the measures approximating legislation or creating European law

Italian Law No. 190 relating to taxes on motor vehicles

Luxembourg law amending turn­over tax and introducing refunds

Italian Bill No. 518 relating to the modification of the structure of holdings and the promotion of peasant ownership

Italian Bill No. 519 relating to authorization of the expenditure of development organizations

Italian Bill No. 1427 on rules relating to agricultural contracts

Italian Bill No. 251 on the relations between general agents for foreign products and their sub-agents

Belgian Bill amending coun­tervailing charges and introducing export refunds for certain products

9. Penal provisions in commercial law

Conventions between

the Member States

Detection and punishment of I prep. 1962 infringements of EEC regulations, etc.

Status in criminal law of officials I p.d. cptd. 1965 of the European Communities

Council Regulation

Council Directive

Other legal acts (decisions,

recommendations, opinions)

and remarks

prior ex. pursuant to Art. 101 cptd. 1964 Italian law no longer in force

prior ex. pursuant to Art. 101 cptd. 1964. No dang­er of distortion

ex. pursuant to Art. 102 cptd. 1964/65. No dang­er of distortion

ex. pursuant to Art. 102 cptd. 1964/65. No danger of distortion

ex. pursuant to Art. 102 cptd. 1964(65. No danger of distottion

ex. pursuant to Art. 102 begun in 1964

ex. pursuant to Art. 102 begun in 1965

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Arts. 100, 101, conv.

Art. 220(3)

Art. 220(3)

Art. 220(3)

Arts. 100, 220 (3), conv

Art. 220(4)

Art. 220(4)

10. Industrial property

European patent law p.d. pub. 1962 prep. 1959

European system of industrial prep. 1959 property rights

European trade-mark law I prep. 1959

European law on models and prep. 1962 designs

11. Unfair competition

12. Company law

(see also FREEDOM OF ESTABLISHMENT AND SERVICES, No. 4)

Recognition of companies and I prep. 1965 of legal persons

Mergers of companies from I prep. 1960 different countries

Maintenance of legal personality on the transfer of a company's headquarters from one country to another

European form of company

13. Law of enforcement

Legal jurisdiction, recogmtton I p.d. cptd. 1965 and enforcement of judgments in civil and commercial cases, service of writs

Bankruptcy law: legal jurisdiction I prep. 1961 recognition and enforcement of judgments

form und. 1965

form und. 1964

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t-.)

Legal basis

Arts. 99, 100, 155

Arts. 99, 100, 155

Arts. 99, 100

Arts. 99, 100

Art. 220(2)

Arts. 99, 100

Art. 100

Art. 119

Arts. 118, 155

Object of the measures approximating legislation

or creating European law

14. Taxation law

(for other measutes connect­ed with taxation law, see TRANSPORT)

Tutnover taxes (introduction of TVA)

TV A structure and implement­ing procedures

Indirect taxes on capital con­tributions

Indirect taxes on insurance con­tracts

Elimination of double taxation

Consumer taxes

Direct taxes on company profits

VI. SOCIAL LAW

(for other measures con­nected with social law, see TRANSPORT)

1. Conditions of work and pay Equal pay for men and women

Protection of young people at work

Legal nature of the approximation measure and state of progress

Conventions between

the Member States

prep. 1964

Council Regulation

Council Directive

sub. 5.11.62 Bull. S. 12-62/3 amdt.sub.12.6.64 Bull. S. 7-64/15

p.d. cptd. 1965

sub. 16.12.64 Bull. S. 2-65/8

prep. 1962

Other legal acts (decisions,

recommendations, opinions)

and remarks

op. 3.6.64 OGEC 1800/64

form und. 1963

form und. 1961

rec. 20.7.60 EEC Bull 6/7-60/46

rec p.d. cptd. 1965

'

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w

Arts. 118, 155

Arts. 118, 101

Art. 51

Arts. 118, 155

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Arts. 117, 118 155

Arts. 117, 118, 155

Arts. 118, 155

Arts. 118, 155

Arts. 118, 155

Protection of working mothers

2. Social security

Harmonization of social security systems

Social security for migrant and frontier workers

Activities of social services for migrant workers

3. Industrial safety (Protection against accidents)

Cartridge-operated stud-drivers

Metal scaffolding

Cranes

Hoists

Belt conveyors

Portable electric tools

Dangerous products

4. Indu,·trial medicine Medical services at place of work

European list of occupational diseases

Health surveillance of workers exposed to special hazards

Work with compressed air

5. Employment policy Development of vocational guid­ance

Nos. 3 and 4 ad. 25.9.58 OGEC 561/58, 597/58 amdt. 31.7.62 OGEC 2117/62

sub. 3.8.64

p.d. cptd. 1965

prep. 1963

prep. 1964

prep. 1964

prep. 1964

p.d. cptd. 1965

rec. p.d. cptd. 1965

form und. 1962

rcc. 23.7.62 OGEC 2118/62

rec. 20.7.62 OGEC 2181/62

rec. 23.7.62 OGEC2188j62

rec. 9.2.65 sub. to EP and ESC Bull. S. 4-65/5

rcc. or op. prep. 1964

tee. prep. 1964

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.---

""' Legal basis

Arts. 100, 227(2)

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Art. 100

Arts. 43, 100

Arts. 43, 100

Arts. 43, 100

Arts. 43, 100

Art. 43

Art. 43

Object of the measures approximating legislation or creating European law

VII. AGRICULTURE

1. Food legislation

I Colouring matt<ers

I Preserving agents

I I

I Purity standards for preserving I agents

Anti-oxidants

Purity standatds for anti-oxidants

Emulsifiers and stabilizers

Cocoa and chocolate

I Jams, marmalades, fruit jellies I and chestnut paste

Labelling and packaging

Preserved foods

Food extracts, broths and soups

Macaroni, spaghetti and similar products

I Flour, groats and meal

Milk products I

Legal nature of the approximation measure and state of progress

Conventions between

the Member States

I I

I

I

I

Council Regulation

Council Directive

I ad. 23.10.62 OGEC 2645/62 amdt. sub. 3.8.64

I No. 64/54 ad. 5.11.63 OGEC 161/64

I No. 65/66 ad. 26.1.65 OGEC 373/65

Sub. 3.8.64

prep. 1964

prep. 1965

sub. 28.7.63 Bull. S. 8.-63/8

I prep 1962

prep. 1964

prep. 1964

prep. 1964

prep. 1964

I prep. 1965

prep. 1965

Other legal acts (decisions,

recommendations, opinions)

and remarks

~ I

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U1

Art. 43

Art. 43

Arts. 43, 100

Arts. 43, 100

Arts. 43, 100

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Fruit juices

Definitions, methods of analysis and assessment of wines, wine­making practices

Residues of pesticides in food and agricultural products

2. Veterinary legislation

Health requirements in intra­Community trade in cattle and pigs

Health requirements for trade in fresh meat

Expert op1n10ns in connection with intra-Community trade in fresh meat and in cattle and pigs

Expert opinions in connection with the approval of slaughter­houses and cutting premises for intra-Community trade in fre~h meat

Health requirements for trade in fresh poultry meat

Health requirements for trade in meat products

Health requirements for imports from non-member countries of fresh meat and of cattle and pigs

Employment of assistants for the inspection of poultry and poultry meat

Filleted and prepackaged meat

Animal health inspection meas­res, prevention of tuberculosis and brucellosis, methods of dia­gnosis

No. 64/432 ad. 26.6.64 OGEC 1977/64

No. 64/433 ad. 26.6.64 OGEC 2012/64

prep. 1964

prep. 1961

prep. 1964

sub. 19.12.63 Bull. S. 2-64/2

sub. 19.12.63 Bull. S. 2-64/15

p.d. cptd. 1965

prep. 1964

prep. 1965

prep. 1965

Com. dir. (p.d. cptd. 1965). Legal basis : the two dir­ectives cited above)

Com. dir. (p.d. cptd. 1965), Legal basis : directive on health problems in trade in fresh meat)

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o-

Legal basis

Art. 100

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Object of the measures approximating legislation

or creating European law

3. Forestry legislation

Measuring and classifying wood in the rough

4. Legislation relating to seeds and seedlings

Marketing of beet seed

Marketing of herbage seed

Marketing of cereal seed

Marketing of seed potatoes

Marketing of forestry repro­ductive material

Institution of a Standing Com­mittee on Agricultural, Horti­cultural and Forestry Seeds and Seedlings

J\farketing of vegetable seeds

Marketing of vine stocks and seedlings

EEC catalogue of varities of agricultural plants

5. Plant protection legislation Measures against the introduction of organisms harmful to plants

Legal nature of the approximation measure and state of progress

Conventions between

the Member States

Council Regulation

Council Directive

prep. 1962

sub. 3.3.64 Bull. S. 4-64/19

sub. 3.3.64 Bull. S. 4-64/26

sub. 3.3.64 Bull. S. 4-64/36

sub. 3.3.64 Bull. S. 4-64/46

sub. 3.3.64 Bull. S. 4-64/52

sub. 3.3.64 Bull. S. 4-64/58

prep. 1963

prep. 1964

prep. 1963

sub. 31.3.65 Bull. S. 5-65/35

Other legal acts (decisions,

recommendations, opinions)

and remarks

'

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......

Art. 43

Art. 43

Art. 43

Art. 43

Art. 43

Arts. 75, 99

Art. 75

Art. 75

Art. 75

Art. 75

Art. 75

Art. 75

Control of wart disease of potatoes

Marketing of pesticides

6. Legislation concerning animal Jeedingstuffs

Additives in animal feedingstuffs

Methods of analysis and sampling for the control of animal feed­ingstuffs

Definition of plain and compound animal feedingstuffs

VIII. TRANSPORT

Certain provisions affecting com­petition in the field of transport by rail, road and inland waterway

Weights, dimensions and technical requirements for commercial road vehicles licensed to ply between Member States

Rate-bracket system for goods transport by rail, road and inland waterway

Issuing of licences for goods transport by road between the Member States

Community quota for goods transport by road within the Community

International transport of passengers by road

Elimination of double taxation on motor vehicles in international transport

sub. 20.5.63 Bull. S. 6-63/8

sub. 20.5.63 Bull. S. 6-63/13

sub. 13.4.64 Bull. S. 6-64/2

sub. 20.3.64 Bull. S. 5-64/29

prep. 1965

prep. 1963

prep. 1961

sub. 12.10.64 Bull. S. 11-64/9

prep. 1964

sub. 7.9.62 amdt. sub. 9.4.63 and 23.5.64 Bull. S. 7-64/2

ad. 9.3.65 OGEC 146')/65

Council dec. 9.3.65

I

(

l

A ·" '

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/

00

Legal basis

Art. 75

Arts. 75, 99

Art. 75

Art. 75

Art. 75

Art. 75

Object of the measures approximating legislation

or creating European law

Duty-free entry of fuel in tanks of commercial vehicles and inland waterway vessels

Standardization of the basis of tax assessment of motor vehicles and inland-waterway vessels

Methods of compensating certain charges incumbent on passenger transport operators

Financial relations between rail­way companies and governments and standardization of railway accounts

Conditions of work in the three modes of transport

Personal log-book for the purpose of checking on hours worked by road hauliers and crews of inland waterway vessels

Legal nature of the approximation measure and state of progress

Conventions between

the Member States

Council Regulation

Council Directive

Other legal acts (decisions,

recommendations, opinions)

and remarks

form und. 1963

form und. 1963

form und. 1963

form und. 1963

form und. 1963

form und. 1963