Opinion of Advocate General Jacobs delivered on 8 June 1994

1 Original language: English.

2 OJ 1992 L 228, p. 24.

3 OJ 1987 L 197, p. 33.

4 Sec paragraph above.

5 See Pipkorn, in Groeben/Thiesing/Ehlermann Kommentar zum EWG-Vertrag (4th edition, Baden-Baden 1991), pp. 2867-2868; Ehlermann, The Internal Market following the Single European Act, Commnon Market Law Review 24 (1987) pp. 361-409, at pp. 398-399.

6 Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs (OJ 1974 L 38. p. 31), adopted under Articles 43 and 100 of the Treaty.

7 Case 5/77 [1977] ECR 1555.

8 See paragraphs 35 to 38 of the judgment.

9 See Article 100a(3), cited above in paragraph.

10 See, e. g., Article 5 of Council Directive 88/344/EEC of 13 June 1988 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (OJ 1988 L 157, p. 28); Article 7 of Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys (OJ 1988 L 187, p. 1); Article 21 of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (OJ 1989 L 40, p. 12); Article 12 of Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (OJ 1989 L 186, p. 27); Article 16 of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ 1990 L 117, p. 15).

11 See Ehlermann, cited above in note, at p. 398. An example is provided by Article 5 of Directive 88/344, cited above in note. Thus provisional measures can be taken under Article 5(1) and examined by the Commission under Article 5(2); the measures can then be incorporated into amendments of the directive under Article 5(3).

12 See Article 21 of Directive 89/106, and Article 7 of Directive 88/378, both cited in note.

13 Compare Articles 4 and 5(1) of Directive 88/378 and Articles 4(2) and 6(1) of Directive 89/106, cited above in note.

14 See Case 16/88 Commission v Council [1989] ECR 3457, paragraph 11 of the judgment.

15 See Council Directive 88/38S/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production (OJ 1988 L 184, p. 61), Article 4.

16 See Articles 2 and 3 of Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption (OJ 1989 L 40, p. 27); Article 2 of Directive 88/344, cited above in note.

17 See Article 4 of Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (OJ 1976 L 262, p. 169), adopted under Article 100 of the Treaty.

18 Sec for example Articles 8(2) and 12(3) of Directive 76/768, cited in note 16, and see the Twelfth Commission Directive 90/121/EEC of 20 February 1990 adapting to technical progress Annexes II, III, IV, V and VI to Council Directive 76/76S/EEC (OJ 1990 L 71, p. 40), which was considered by the Court in Case C-212/91 Angelopharm, judgment given on 25 January 1994.

19 As in the case of Directive S8/344, cited above in note (see Article 5). In the case of Directive 76/768, cited in note, there is both a general power to adapt the directive to technical progress (Article 8(2)) and a power to do so in the light of safeguard measures taken bv a Member State (Article 12(3)).

20 See Case 16/S8 Commission v Coimai, cited above in note.