Progress in laying down law

Date: 10/10/1996

By Chris Johnstone

MEMBER states have improved their track record in implementing single market measures, but are still dragging their feet in some key sectors on putting legislation they have signed up to in Brussels into national law.

New figures from the European Commission show that EU governments had, on average, put 92.9&percent; of outstanding single market rules on to national statute books by mid-September - up from 89.3&percent; in mid-July.

The figures, which will be discussed by internal market ministers at a meeting in Luxembourg later this month, suggest that a Commission clamp-down on recalcitrant countries launched in the summer could be paying off.

They come after the Commission announced 90 'reasoned opinions' and referrals to the European Court of Justice in June and July in a string of cases where countries had allegedly failed to take up or enforce single market legislation.

The move reflected a new determination within the Commission to ensure that member states live up to the agreements they make in the Council of Ministers' meetings.

Its tougher approach was endorsed by the June summit in Florence, where EU leaders highlighted the contribution a successful single market could make to creating jobs and boosting growth, and admonished countries for their slowness in putting EU laws on public procurement, investment services and insurance into effect.

The latest figures show that in some sectors - such as transport, excise duties, foodstuffs and controls on individuals - member states have achieved a 100&percent; success rate on implementation.

However, EU laws on public procurement and special technical rules for arms and cultural works remain in the implementation slow lane, with transposition rates of just 72&percent; and 73&percent; respectively.

Overall, Denmark and the Netherlands continue to be top of the class for implementing single market measures, with a 99.1&percent; success rate each. New members Finland and Austria are the worst per-formers, with 87.7&percent; and 83.1&percent; respectively. Austria is bottom of the transposition league table following a sluggish advance from its mid-July success rate of 82.3&percent;. Germany also scores relatively badly once again, coming 12th out of 15 with an implementation rate of just 90.4&percent;.

Implementation rates within sectors can go up or down as new measures become law or deadlines for directives to be turned into national legislation pass without action.

The relatively high figures for overall implementation often mask an uneven situation, where individual measures may have been implemented in most countries but a few laggards are still holding out for extra time and advantages for their firms.

Internal Market Commissioner Mario Monti this week lambasted national governments for their poor record in implementing the EU's 11 public procurement directives and promised a consultative Green Paper to improve the situation.

He said 17 measures had not been transposed into national law, even though the deadlines for doing so passed years ago.

Public procurement is one of the toughest dossiers for Monti to tackle, with the principle of opening national contracts to clear, competitive tenders clashing head on with conflicting traditions in many member states.