In August 2009 it was discovered that the Act was unenforceable as the European Commission was not notified about it, as required by Directive 83/189 (see now Directive 98/34). Directive 83/189 had to be implemented by 31 March 1984 (12 months after its notification to the Member States). Until this situation was rectified, it was legal to sell and supply unclassified videos and computer games, although many retailers had agreed to observe the regulations voluntarily. Then pending prosecutions under the Act were abandoned, but the government has claimed that past convictions cannot be challenged.