Category Archives: Single Market for Goods: External Dimension

To function optimally, the internal market must be in synchronisation with the international context. A number of operators (financial institutions, entrepreneurs, etc.) operate beyond our frontiers. European goods are distributed all over the world. At the same time, an endless flow of foreign goods passes in transit through Europe. Contradictions may occur, however, between the principles and standards of the European market and the rules of third countries. Furthermore, the protection of copyright, patents and data must be guaranteed, whatever the destination of the product. Most of the internal market policies are international in character and the European Union ensures that they are consistent. The European Union’s tasks also include facilitating trade in goods and services by means of a clear, adapted framework, boosting trade (introduction of free trade areas with partners) and promoting common international standards. Finally, the external dimension of the single market is inextricably linked to the European enlargement policy, since all accessions are in fact subject to the adoption of the European legislation.

Internal Market

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Internal Market

Internal Market Contents

  • Internal market: general framework
  • Living and working in the internal market: Free movement of people, asylum and immigration, free movement of workers
  • Single Market for Goods: Free movement of goods, technical harmonisation, product labelling and packaging, consumer safety, pharmaceutical and cosmetic products, chemical products, motor vehicles, construction, external dimension
  • Single market for services: Free movement of services, professional occupations, services of general interest, transport, Information Society, postal services, financial services, banks, insurance, securities markets
  • Single market for capital: Free movement of capital, economic and monetary union, economic and private stakeholders, fiscal aspects, combating fraud, external relations
  • Businesses in the internal market: Company law, public procurement, intellectual property

See also

Living and working in the internal market.
Overviews of European Union: Internal market.
Further information: the Internal Market and Services Directorate-General of the European Commission.

Export of cultural goods

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Export of cultural goods

Outline of the Community (European Union) legislation about Export of cultural goods

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

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Export of cultural goods

In order to ensure that exports of cultural goods are subject to uniform checks, this Regulation makes the presentation of an export licence compulsory for their export outside the customs territory of the Community.

Document or Iniciative

Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods [See amending acts].

Summary

The Regulation ensures uniform checks on exports of certain categories of cultural goods, listed in the Annex.

Export licence

An export licence must be presented for the export of cultural goods covered by the Regulation. Licences are valid throughout the Community.

The licence is issued by the competent authorities of the Member States at the request of the exporter.

The licence must be presented together with the export declaration during the completion of customs formalities at the competent customs office.

Member States may refuse to accept an export licence when the cultural goods in question are covered by legislation protecting national treasures of artistic, historical or archaeological value in the Member State concerned.

Administrative cooperation

The administrative authorities of the Member States provide mutual assistance and cooperate with the Commission in implementing the Regulation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 3911/92 1.4.1993 – OJ L 395 of 31.12.1992
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2469/96 27.12.1996 – OJ L 335 of 24.12.1996
Regulation (EC) No 974/2001 8.6.2001 – OJ L 137 of 19.5.2001
Regulation (EC) No 806/2003 5.6.2003 – OJ L 122 of 16.5.2003

Related Acts

Implementing measures

Commission Regulation (EEC) No 752/93 of 30 March 1993 laying down implementing provisions for Council Regulation (EEC) No 3911/92 on the export of cultural goods [Official Journal L 77 of 31.3.1993].
The Regulation lays down the principle of prior export licensing of certain categories of cultural goods defined in the Annex to the Regulation. It defines the form provided for the purpose, how it is used and the period of validity of the export licence. This Regulation has been amended by the following Regulations:

Commission Regulation (EC) No 1526/98 of 16 July 1998 amending Commission Regulation (EEC) No 752/93 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods [Official Journal L 201 of 17.7.1998].
To eliminate unnecessary administrative work, this Regulation introduces the concept of open licences for the temporary export of cultural goods for use and/or for exhibition in non-member countries.

Commission Regulation (EC) No 656/2004 of 7 April 2004 amending Regulation (EEC) No 752/93 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods [Official Journal L 104 of 8.4.2004; Corrigendum Official Journal L 203 of 8.6.2004].
This Regulation establishes a new model form for standard export licences. The former document was not in line with the United Nations Layout for Trade Documents.
The Regulation also provides for the possibility of issuing licences electronically in those Member States that so wish.
In addition, to facilitate checks on exports of cultural goods, the Regulation lays down that customs offices of exit from the Community customs territory must return sheet 3 of the standard export licence form directly to the authority responsible for issuing export licences for cultural goods.

Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods and Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [COM(2000) 325 final – Not published in the Official Journal].
The Report states that the measures listed have made Member States and international traders aware of the need to improve protection for cultural goods at European level. However, it recognises that the measures have had a limited influence on the fight against the illegal trade in cultural goods.

Competent authorities

List of authorities competent to issue export licences for cultural goods, published in accordance with Article 3(2) of Council Regulation (EEC) No 3911/92 [Official Journal C 145 of 17.5.2001].
This list of customs offices competent to complete export formalities for cultural goods is published in accordance with Article 5(2) of this Regulation.

Administrative cooperation

Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters [Official Journal L 82 of 22.3.1997].

Another Normative about Export of cultural goods

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Internal market > Single Market for Goods > Single market for goods: external dimension

Export of cultural goods

Document or Iniciative

Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods.

Summary

The regulation provides rules for the export of cultural goods with a view to their protection. It ensures that uniform controls are carried out on these exports at the external borders of the European Union (EU). The categories of cultural objects to which the regulation applies are listed in Annex I.

Export licence

An export licence must be presented when a cultural good is exported outside the customs territory of the EU. The exporter must request such a licence, which is issued by the competent EU country authority. It is valid throughout the Union. An EU country may refuse an export licence if the goods are protected by legislation on national treasures of artistic, historical or archaeological value. Under certain circumstances, an EU country may permit exports of certain cultural goods without a licence.

The export licence must be presented together with the export declaration at the competent customs office when the customs export formalities are being completed. EU countries may limit the number of customs offices competent for the formalities relating to cultural goods.

Implementation

With a view to implementing this regulation, national administrative authorities are to provide each other with mutual assistance as well as cooperate with the Commission. Furthermore, cooperation must be established between EU countries’ customs and competent authorities.

EU countries must establish effective, proportionate and dissuasive penalties for infringements of the regulation.

Background

Since its adoption, Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods has been amended on several occasions. For reasons of rationality and clarity, it is repealed in order to be replaced by the current regulation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 116/2009

2.3.2009

–

OJ L 39 of 10.2.2009

Related Acts


List of authorities empowered to issue export licences for cultural goods, published in accordance with Article 3(2) of Council Regulation (EC) No 116/2009 [Official Journal C 164 of 16.7.2009].


List of customs offices empowered to handle formalities for the exportation of cultural goods, published in accordance with Article 5(2) of Council Regulation (EC) No 116/2009 [Official Journal C 134 of 13.6.2009].

Return of cultural objects unlawfully removed from the territory of an EU country

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Return of cultural objects unlawfully removed from the territory of an EU country

Outline of the Community (European Union) legislation about Return of cultural objects unlawfully removed from the territory of an EU country

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Single market for goods: external dimension

Return of cultural objects unlawfully removed from the territory of an EU country

Document or Iniciative

Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State [See amending acts].

Summary

The purpose of the directive is to ensure the return of cultural objects classed as “national treasures possessing artistic, historic or archaeological value” under national legislation or administrative procedures, provided that they:

  • fall within one of the categories listed in the annex to the directive;
  • form an integral part of public collections recorded in the inventories of museums, archives or libraries or those of ecclesiastical institutions.

To apply the directive, European Union (EU) countries may class an object as a national treasure even after it has left their territory. They may also extend the scope of application to cultural objects that do not belong to any of the categories listed in the annex.

The directive applies where such objects have been removed from the territory of an EU country unlawfully, i.e. in breach of the legislation in force there or of the conditions under which temporary authorisation was granted. Consequently, the objects must be returned, irrespective of whether they have been moved within the Union or first exported to a non-EU country and then re-imported to another EU country.

The directive applies only to cultural objects unlawfully removed from the territory of an EU country on or after 1 January 1993. However, EU countries may broaden the scope to include objects that have been unlawfully removed from their territory before 1 January 1993.

Each EU country appoints one or more authorities to carry out the tasks provided for in the directive. The Commission publishes updated lists of these authorities in the Official Journal of the EU.

Administrative cooperation for the amicable return of objects

The central authorities of each EU country are to cooperate and promote consultation with the competent national authorities of other EU countries to ensure the return of cultural objects. The central authorities must:

  • seek a specified cultural object that has been unlawfully removed from an EU country’s territory, identifying the possessor and/or holder *;
  • notify the EU country concerned, where a cultural object is found in their own territory and there are grounds for believing that it has been unlawfully removed from the territory of another EU country;
  • enable the EU country concerned to check within two months of the notification that the object in question is a cultural object covered by the directive;
  • take any necessary measures for the physical preservation of the cultural object;
  • prevent any action to evade the return procedure;
  • act as intermediary between the possessor or holder of the object and the requesting EU country *.

Initiation of proceedings before a court for return of objects

Only the courts of the requested EU country * have the power to order the object’s return to the requesting EU country if the possessor or holder should refuse to release it. The burden of proof is governed by the legislation of the requested EU country.

Only an EU country may initiate proceedings with the aim of securing the return of a cultural object. Private owners of cultural objects may only bring proceedings provided for under ordinary law.

Return proceedings may not be brought more than one year after the requesting EU country becomes aware of the location of the cultural object and the identity of its possessor or holder. To be admissible, the application must be accompanied by a:

  • document describing the object covered by the request and stating that it is a cultural object within the meaning of the directive;
  • declaration by the competent authorities of the requesting EU country that the cultural object has been unlawfully removed from its territory.

Such proceedings may in any case not be brought more than 30 years after the object is unlawfully removed from the territory of the requesting EU country, except in the case of objects forming part of public collections or ecclesiastical goods in respect of which the time-limit is governed by national legislation or bilateral agreements between EU countries.

This directive is without prejudice to any civil or criminal proceedings that may be brought, under the national law of EU countries, by the requesting EU country or the owner of the object.

Financial aspects

When the return of a cultural object is ordered, the possessor is entitled to fair compensation if s/he proves that due care was exercised when acquiring the object. This compensation is to be paid by the requesting EU country, which may, however, claim reimbursement from the persons responsible for the unlawful removal of the object. Following the object’s return, the question of its ownership is governed by the legislation of the requesting EU country.

Implementation

The Committee on the Export and Return of Cultural Goods (previously known as Advisory Committee on Cultural Goods) assists the Commission in examining any matter relating to the application of the annex to the directive.

EU countries must send the Commission a report every three years on the application of the directive, based on which the Commission reports to the European Parliament, the Council and the European Economic and Social Committee.

Key terms used in the act
  • Requesting EU country: the EU country from whose territory the cultural object has been unlawfully removed;
  • Requested EU country: the EU country in whose territory a cultural object unlawfully removed from the territory of another EU country is located;
  • Possessor/Holder: the person physically holding the cultural object on his own account/for third parties.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 93/7/EEC

27.3.1993

15.12.1993 (15.3.1994 for Belgium, Germany and the Netherlands)

OJ L 74 of 27.3.1993
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 96/100/EC

21.3.1997

1.9.1997

OJ L 60 of 1.3.1997
Directive 2001/38/EC

30.7.2001

31.12.2001

OJ L 187 of 10.7.2001

Successive amendments and corrections to Directive 93/7/EEC have been incorporated in the basic text. This consolidated version is for reference purposes only.

AMENDMENT OF ANNEXES

Categories to which objects classified as national treasures must belong to qualify for return:

Directive 96/100/EC [Official Journal L 60 of 1.3.1997];
Directive 2001/38/EC [Official Journal L 187 of 10.7.2001].

Related Acts

Council Resolution of 21 January 2002 on the Commission report on the implementation of Regulation (EEC) No 3911/92 on the export of cultural goods and Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [Official Journal C 32 of 5.2.2002].
The Council takes note of the Commission’s initiatives, calls on EU countries to cooperate more closely among themselves and with the Commission, and asks the Commission to pursue the initiatives launched and pay particular attention to Regulation (EEC) No 3911/92 and Directive 93/7/EEC when the candidate countries join the EU.

Reports

Report from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 30 July 2009 – Third report on the application of Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [COM(2009) 408 final – Not published in the Official Journal].
This report reviews EU countries’ application of the directive during the period 2004-07. In general, the directive is perceived as a useful tool for the return of unlawfully removed cultural objects and the protection of cultural heritage. EU countries recognise its discouraging effect on the unlawful removal of cultural objects; however, they find that the directive alone does not suffice for combating illegal trade in cultural goods.
During the reference period, the directive was applied only rarely for administrative cooperation or for return proceedings. This is mainly due to the administrative complexity and cost of applying the directive, its limited scope, and the short time period allowed for initiating return proceedings and the interpretation of the related concepts.
EU countries used administrative cooperation to search for cultural objects and to notify of their discovery on the territory of another EU country. As a result, 148 amicable returns of cultural objects were carried out. Eight legal actions were initiated for the return of objects.
Even though administrative cooperation within and between EU countries has improved, there is the need to further enhance cooperation between authorities at national and European level. To this end, the Commission will update the existing guidelines and publish lists of the responsible national authorities. In addition, EU countries propose modifications to the directive to improve its effectiveness. These include extending the time limit for initiating return proceedings from one to three years, reviewing the scope of the directive as well as amending its annex to include new categories of goods or to modify the financial threshold or the reporting rate.
The Commission will propose the setting up of an ad hoc working group within the Committee on the Export and Return of Cultural Goods to identify problems associated with the application of the directive and to suggest solutions acceptable to all EU countries, with a view to possibly amending the directive.

Report from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 21 December 2005 – Second report on the application of Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [COM(2005) 675 final – Not published in the Official Journal].
This report covers the application of the directive during the period 1999-2003. It reveals that the directive has been applied in only a few cases. EU countries have reported five amicable returns and three legal proceedings for returns. These rather low figures highlight serious shortcomings in administrative cooperation and consultation between the national central authorities. To remedy these shortcomings, the Commission will examine to what extent the recommendations set out in the guidelines adopted by the Advisory Committee on Cultural Goods for improving administrative cooperation have been acted upon.
EU countries consider insufficient the time limit of one year for initiating proceedings for the return of cultural objects. Subject to the outcome of consultations with the Advisory Committee on Cultural Goods, the Commission proposes extending this time-limit to three years.
Concerning the financial thresholds applicable to cultural objects covered by Directive 93/7/EEC, the report reveals contradictory opinions between EU countries as to whether these should be raised or lowered. The Commission does not therefore intend to propose amending the thresholds.
In view of the limited number of cases of application of Directive 93/7/EEC, the Commission suggests that the obligation to produce a report every three years be scrapped. The Advisory Committee on Cultural Goods must give its opinion on this.

Report from the Commission to the Council, the European Parliament and the Economic and Social Committee of 25 May 2000 on the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods and Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [COM (2000) 325 final – Not published in the Official Journal].
This report states that the measures listed have made EU countries and international traders aware of the need to improve protection for cultural goods at European level. However, it recognises that the measures have had a limited influence on the fight against illegal trade in cultural goods. It points out that laying down a structure for administrative cooperation and for information to be exchanged between the relevant authorities could improve the application of the directive and the regulation.
The report contains lists of the customs offices empowered to handle formalities for the export of cultural goods, the authorities empowered to issue export licences for cultural goods and the central authorities responsible for implementing the provisions of Council Directive 93/7/EEC.

Czech Republic

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Czech Republic

Outline of the Community (European Union) legislation about Czech Republic

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Single market for goods: external dimension

Czech Republic

1) References

Commission Opinion [COM(97) 2009 final – Not published in the Official Journal]
Commission Report [COM(98) 708 final – Not published in the Official Journal]
Commission Report [COM(1999) 503 final – Not published in the Official Journal]
Commission Report [COM(2000) 703 final – Not published in the Official Journal]
Commission Report [COM(2001) 700 final – SEC(2001) 1746 – Not published in the Official Journal]
Commission Report [COM(2002) 700 final – SEC(2002) 1402 – Not published in the Official Journal]
Commission Report [COM(2003) 675 final – SEC(2003) 1200 – Not published in the Official Journal]
Treaty of Accession to the European Union [Official Journal L 236 of 23.09.2003]

2) Summary

In its Opinion of July 1997, the Commission considered that the Czech Republic had made significant progress in taking on the acquis related to the free movement of goods and noted that it had already taken on the most important directives. Implementation of the provisions of the Europe Agreement and the White Paper was generally good. However, the Commission called on the Czech Republic to monitor developments with regard to legislation and inspection structures for industrial product safety.

The November 1998 Report noted that substantial progress had been made in this field, including in standardisation and certification.

The October 1999 Report notes that progress is continuing to be made in this field.

The November 2000 Report noted steady progress in the field of the free movement of goods and the customs union.

The November 2001 Report observed steady progress in the field of the free movement of goods but no progress on the customs union.

In its October 2002 Report, the Commission notes that significant progress has been made.

In its November 2003 Report, the Commission notes that the Czech Republic is essentially meeting the requirements for membership.
The Treaty of Accession was signed on 16 April 2003 and accession took place on 1 May 2004.

COMMUNITY ACQUIS

Free movement of goods can only be achieved by removing measures which restrict trade – not only customs duties and quantitative restrictions but all measures with equivalent, i.e. protectionist, effect.

Where technical standards are not harmonised, the principle of mutual recognition of national rules applies (in line with the Cassis de Dijon judgment).

For the purpose of harmonisation, the European Community has developed the ” New Approach “. Instead of imposing technical solutions, European Community legislation is limited to establishing the essential requirements which products must meet.

EVALUATION

The alignment of legislation is well advanced, in particular the “New Approach” directives on machinery, simple pressure apparatus, pressure equipment, construction materials, medical equipment and lifts. In the sectors covered by product-specific legislation, progress has been made in areas such as foodstuffs, pharmaceuticals, chemicals and textiles.

However, full transposition of all New Approach directives depends on the entry into force of the Framework Act which in some cases will be amended by the new Act on Public Health Protection. The planned amendment to the 1997 Framework Act on technical requirements for products and conformity assessment has still to be adopted by parliament. In April 2000, an amendment to the law on technical requirements for products entered into force. It relates to essential requirements and conformity assessment procedures and will permit the full implementation of the principles of the New Approach.

As regards public procurement, the new law amending the 1994 Act by including in its scope the public utilities sector (water, energy, transport and communications) came into force on 1 June 2000. In the 2002 report, the Commission notes that the transposition of the acquis on public procurement has been delayed and must be addressed before accession. The 2003 report notes that the alignment needs to be finalised to ensure equal access for Community companies through abolition of the national preference clause.

The framework legislation on horizontal and procedural measures is more or less in place. In May 2002, an amendment was made to the law on technical requirements for products, some elements of which enter into force on accession.

Efforts are also needed in product liability and safety (see Consumers).

In January 1999, approximately 90% of European standards had been adopted. The transposition of legislation on medical equipment was carried out with the adoption of government orders laying down technical requirements for such apparatus and devices destined for implantation in the human body. A new decree on foodstuffs transposing EC directives on processing aids and additives has been adopted. Considerable progress has been achieved in the chemicals field with the new Framework Act on chemical substances and preparations, supplemented by the adoption of thirteen implementing decrees covering a significant part of Community legislation in this area. The three new decrees on textiles adopted to implement the 1992 Act on Consumer Protection cover all EC directives in this field. The law on product safety, which entered into force in July 2001, has further aligned Czech legislation with the acquis. The 2002 report states that 99% of all harmonised Community standards are already implemented.

The Czech Republic has also strengthened the administrative structures in this area. In January 1999, the Czech Office for Standards, Metrology and Testing set up a centre for the translation of EC regulations. A registration centre for chemical substances placed on the Czech market has been in operation at the Ministry of Health since June 1999. A national authority for monitoring compliance with good laboratory practice with regard to chemical substances has been in operation since January 1999. The 2001 report considered that the bodies charged with standardisation and certification continued to function well. A June 2002 resolution makes provision for administrative structures overseeing the free movement of goods between Member States and the introduction of mutual recognition clauses in new and amended technical legislation.

The 2003 report observes that framework legislation for the horizontal and procedural measures necessary for the administration of the acquis in the new approach sector is in place, as are the implementing structures in the fields of standardisation, metrology, accreditation, conformity assessment and market surveillance.

Negotiations on this chapter have been closed. No transitional arrangements have been requested in this area.

The Czech Republic has reached a very high level of legislative alignment with the acquis relating to the customs union. In 2001, it took several initiatives to strengthen administrative and operational capacity to implement the acquis. As regards alignment with the customs acquis, an amendment to the Customs Code was adopted in November 2001 and, together with its implementing provisions, entered into force in July 2002.
The 2003 report points out that the Czech Republic should strengthen the customs services’ capacity to combat fraud, piracy, counterfeiting and economic crime. In conclusion, the country is essentially meeting the commitments and requirements arising from the accession negotiations in the area of customs union and is expected to be in a position to implement the acquis from accession with the necessary administrative and operational capacities

Negotiations on this chapter have been closed. The Czech Republic has not requested any transitional arrangements.

This summary is for information only and is not designed to interpret or replace the reference document.

Single market for goods: external dimension

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Single market for goods: external dimension

Outline of the Community (European Union) legislation about Single market for goods: external dimension

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Single market for goods: external dimension

Single market for goods: external dimension

To function optimally, the internal market must be in synchronisation with the international context. A number of operators (financial institutions, entrepreneurs, etc.) operate beyond our frontiers. European goods are distributed all over the world. At the same time, an endless flow of foreign goods passes in transit through Europe. Contradictions may occur, however, between the principles and standards of the European market and the rules of third countries. Furthermore, the protection of copyright, patents and data must be guaranteed, whatever the destination of the product. Most of the internal market policies are international in character and the European Union ensures that they are consistent. The European Union’s tasks also include facilitating trade in goods and services by means of a clear, adapted framework, boosting trade (introduction of free trade areas with partners) and promoting common international standards. Finally, the external dimension of the single market is inextricably linked to the European enlargement policy, since all accessions are in fact subject to the adoption of the European legislation.

SPECIFIC ARRANGEMENTS

  • Dual-use items
  • Drug precursors: external aspects
  • Parallel imports of proprietary medicinal products
  • Export of cultural goods
  • Return of cultural objects unlawfully removed from the territory of an EU country
  • Goods infringing intellectual property rights
  • Approval of explosives intended for civilian use
  • Firearms
  • Endangered species of wild fauna and flora (CITES)
  • Ban on trade in cat and dog fur
  • Trade in seal products
  • Agreement on the European Economic Area

ENLARGEMENT

Ongoing enlargement

  • Croatia – Internal market
  • Turkey – Internal market
  • The former Yugoslav Republic of Macedonia – Internal market
  • Iceland – Internal market

January 2007 enlargement

  • Bulgari
  • Romania

May 2004 enlargement

  • Cyprus
  • Estonia
  • Hungary
  • Latvia
  • Lithuania
  • Malta
  • Poland
  • Czech Republic
  • Slovakia
  • Slovenia

Turkey – Internal market

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Turkey – Internal market

Outline of the Community (European Union) legislation about Turkey – Internal market

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Single market for goods: external dimension

Turkey – Internal market

acquis) and, more specifically, the priorities identified jointly by the Commission and the candidate countries in the analytical assessment (or ‘screening’) of the EU’s political and legislative acquis. Each year, the Commission reviews the progress made by candidates and evaluates the efforts required before their accession. This monitoring is the subject of annual reports presented to the Council and the European Parliament.

Document or Iniciative

Commission Report [COM(2011) 666 final – SEC(2011) 1201 – Not published in the Official Journal].

Summary

The 2011 Report notes limited progress concerning the free movement of goods, although alignment of the legislation with the acquis has progressed well. With regard to the freedom of movement for workers, no progress is noted, although the area of public procurement shows limited progress. In the area of company law, satisfactory advancements can be identified, specifically the adoption of a new Commercial Code. The application of legislation on intellectual property remains weak.

EUROPEAN UNION ACQUIS (according to the Commission’s words)

The principle of the free movement of goods implies that products must be traded freely from one part of the Union to another. In a number of sectors, this general principle is complemented by a harmonised regulatory framework, following the “old approach” (imposing precise product specifications) or the “new approach” (imposing general product requirements). The harmonised European product legislation, which has to be transposed, represents the largest part of the acquis under this chapter. In addition, sufficient administrative capacity to notify the restrictions to trade and to apply horizontal and procedural measures in areas such as standardisation, certification, accreditation, metrology and market surveillance is essential.

The acquis in respect of the free movement of workers states that citizens of an EU Member State have the right to work in another Member State. EU migrant workers must be treated in the same manner as national workers with regard to working conditions, social benefits and tax allowances. The acquis also provides a mechanism for coordinating national social security provisions for those tax contributors and their families who move to another Member State.

Member States are required to remove all restrictions with regard to the free movement of services. Member States must ensure that the right of establishment and the freedom to provide services anywhere in the EU is not hampered by national legislation. In some sectors, the acquis prescribes harmonised rules which must be respected if the internal market is to function; this concerns mainly the financial sector (banking, insurance, investment services and securities markets). Financial institutions may carry out their activities throughout the European Union according to the principle of ‘home country control’ by opening branches or by providing cross-border services. The acquis also provides harmonised rules for some specific professions (craftsmen, traders, farmers, commercial agents), for certain information society services, and matters relating to personal data protection.

Member States must remove all restrictions on the free movement of capital between themselves, within the European Union, but also with third countries (with some exceptions) and adopt EU rules applicable to cross-border payments and to credit transfers concerning transferable securities. The money laundering and financing of terrorism directives require banks and other economic operators to identify their clients and be aware of certain operations, particularly in the case of cash transactions for high-value items. In order to tackle financial crime, it is essential that administrative and enforcement capacities are put in place, particularly by establishing cooperation between those authorities responsible for surveillance, implementing law and carrying out criminal proceedings.

The acquis on public procurement covers the general principles of transparency, equal treatment, free competition and non-discrimination. In addition, specific Community rules apply to the coordination and granting of public works, supplies and services contracts for traditional contracting entities and specific sectors. The acquis also defines the rules relating to the court procedures and means of action available. Its implementation requires specialised bodies.

The acquis relating to intellectual property rights defines the harmonised rules for the legal protection of copyright and related rights. Specific provisions are applicable to the protection of databases, data processing programmes, topographies of semi-conductors, satellite broadcasting and cable retransmission. In the field of intellectual property rights, the acquis details harmonised rules for the legal protection of trademarks and designs. Other specific provisions apply to biotechnological inventions and to pharmaceutical and phytopharmaceutical products. The acquis also establishes a Community trademark system and a Community design system.

The acquis on company law includes rules applicable to the constitution, registration, merger and division of companies. In the field of financial information, the acquis specifies the rules to be complied with regarding the presentation of consolidated annual accounts and provides simplified rules for small and medium-sized enterprises, in particular. The application of international accounting standards is obligatory for certain entities of public interest. Furthermore, the acquis also includes provisions relating to the approval, professional integrity and independence of persons responsible for legal controls.

The Customs union
acquis consists almost exclusively of legislation which is directly binding on the Member States. It includes the Community’s Customs Code and its implementing provisions; the Combined Nomenclature, Common Customs Tariff and provisions on tariff classification, customs duty relief, duty suspensions and certain tariff quotas; and other provisions such as those on customs control of counterfeit and pirated goods, drugs precursors and the export of cultural goods and on mutual administrative assistance in customs matters and transit. Member States must also have the required implementing capacities, particularly connectivity with the EU’s computerised customs systems. Customs authorities must also have sufficient capacity for implementation and compliance with the specific provisions established in related fields of the acquis, such as foreign trade.

EVALUATION (according to the Commission’s words)

As regards free movement of goods, legislative alignment is advanced, but limited progress was made in the reporting period. Technical barriers to trade continue to prevent free movement of goods in breach of Turkey’s obligations under the Customs Union.

Hardly any progress can be reported in the area of freedom of movement for workers
where preparations for applying the acquis remain in the early stages.

Alignment in the areas of right of establishment and freedom to provide services
also remains at an early stage. No progress hasbeen recorded in the field of right of establishment, freedom to provide cross border services,postal services and the mutual recognition of professional qualifications.

As regards the free movement of capital, Turkey made some progress, in particular on capital movements andpayments. There has been no progress in the gradual liberalisation of real estate acquisition byforeigners, where various obstacles remain. Restrictions on capital movements remain inplace in a number of sectors, including on direct investments originating from the EU. Thelegal framework against financing of terrorism remains incomplete and the Financial ActionTask Force has blacklisted Turkey for its strategic deficiencies in this area.

Limited progress can be reported in the area of public procurement
. The institutional set-up is in place, but administrative capacity needs improvement. The draft alignment strategy with a time-bound action plan is ready but has yet to be adopted. Turkey still maintains derogations contradicting the acquis. It needs to further align its legislation, particularly on utilities, concessions and public-private partnerships.

As regards company law, significant progress can be noted following adoption of the new Turkish Commercial Code, which is expected to promote openness, transparency and adherence to international accounting and auditing standards. The legal and institutional framework for auditing is not yet in place, nor is the necessary enhanced capacity of the commercial judiciary.

Alignment on intellectual property law
is relatively advanced but enforcement remains poor. The recently launched IPR WorkingGroup with the Commission addresses a key element for the accession negotiations. Theadoption of updated draft laws regulating intellectual and industrial property rights, includingdeterrent criminal sanctions, is still pending. Coordination and cooperation between thedifferent IPR stakeholders and public bodies is essential, as are general awareness campaignson the risks of IPR infringements.

Turkey has achieved a high level of alignment in the field of customs
legislation thanks to its Customs Union with the EU. Duty free status of the shops established at entry points and requirements for importers of products in free circulation in the EU to submit information of origin in any format prior to customs clearance is not in line with the Customs Union. Legislation on free zones, surveillance and tariff quotas are yet to be aligned. Improved risk-based controls and simplified procedures would facilitate egitimate trade by reducing the number of physical controls. There is still no effective enforcement of intellectual property rights at customs and measures to tackle counterfeit goods are still acking.

Related Acts

Commission Report [COM(2010) 660 final – SEC(2010) 1327 – Not published in the Official Journal].
The 2010 Report noted improvements to the free circulation of capital between Turkey and the European Union (EU). However, little progress has been made in ensuring the free movement of goods, the free movement of workers, the right of establishment and the freedom to provide cross-border services. There were still obstacles to certain direct foreign investment, particularly in the area of property.

Commission Report [COM(2009) 533 final – SEC(2009) 1334 – Not published in the Official Journal].

Commission Report [COM(2008) 674 final – SEC (2008) 1436 – Not published in the Official Journal].

The 2008 Report noted progress in the free movement of goods, particularly with regard to legislation on products and horizontal measures. Alignment was at an early stage concerning the free movement of workers and freedom to provide services, whilst there was uneven progress on the free circulation of capital.

Commission Report [COM(2007) 663 final – SEC (2007) 1436 – Not published in the Official Journal].

In its 2007 Report, the Commission highlighted progress in the area of free circulation of goods and capital. Progress remained more limited in the areas of the freedom of movement for workers, the right of establishment and the freedom to provide services. Turkey had reached a high level of alignment in terms of the customs union. The chapters on company law and intellectual property noted steps in the right direction, but pointed out that further effort must be made.

Commission Report [COM(2006) 649 final – SEC (2004) 1390 – Not published in the Official Journal].

The 2006 Report highlighted progress in terms of the general principles applying to the free movement of goods, with improvements in accreditation, standardisation and conformity assessment, and a reduction in the number of mandatory standards in areas covered by the “new approach” Directives.

Commission Report [COM(2005) 561 final – SEC(2004) 1426 – Not published in the Official Journal].
The 2005 Report stated that, in spite of the progress made, the free movement of goods was not yet completely effective in Turkey. Alignment with the chapter on freedom of movement for workers had not resulted in any improvement and there had been very little progress as regards the movement of services and capital.

Commission Report [COM(2004) 656 final – SEC(2004) 1201 – Not published in the Official Journal].
The 2004 Report noted that Turkey had made further progress in the area of free movement of goods, particularly in the transposition of sector-specific legislation, but that it needed to step up its efforts to remove technical barriers to trade and to ensure correct implementation of the acquis and compliance with the obligations arising from the customs union.

Commission Report [COM(2003) 676 final – SEC(2003) 1212 – Not published in the Official Journal].
The 2003 Report noted little progress in the alignment of Turkey’s legislation with the Community acquis in the field of the customs union. Turkey had made progress in transposing the acquis with regard to the free movement of goods, particularly as regards sector-specific legislation.

Commission Report [COM(2002) 700 final – SEC(2002) 1412 final – Not published in the Official Journal].
In its 2002 Report the Commission stated that Turkey had made further progress in aligning its legislation with the acquis, particularly through the adoption of horizontal legislation in the field of conformity assessment and market surveillance. Some progress had been made in the field of customs.

Commission Report [COM(2001) 700 final – SEC(2001) 1756 final – Not published in the Official Journal].

The 2001 Report noted that Turkey had made some progress in aligning its legislation with the acquis. It had made limited progress in the field of customs.

Commission Report [COM(2000) 713 final – Not published in the Official Journal].
Since the entry into force of the customs union, there has generally been free movement of industrial products between Turkey and the Community. However, there had been little alignment of Turkish legislation with the Community acquis to eliminate technical trade barriers.

Commission Report [COM(1999) 513 final – Not published in the Official Journal].

Commission Report [COM(1998) 711 final – Not published in the Official Journal].
In its 1998 Report the Commission considered that Turkey had put considerable effort into establishing the necessary conditions for the customs union to function properly.

Iceland – Internal market

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Iceland – Internal market

Outline of the Community (European Union) legislation about Iceland – Internal market

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Single market for goods: external dimension

Iceland – Internal market

acquis) and, more specifically, the priorities identified jointly by the Commission and the candidate countries in the analytical assessment (or ‘screening’) of the EU’s political and legislative acquis. Each year, the Commission reviews the progress made by candidates and evaluates the efforts required before their accession. This monitoring is the subject of annual reports presented to the Council and the European Parliament.

Document or Iniciative

Commission Report [COM(2011) 666 final – SEC(2011) 1202 final – Not published in the Official Journal].

Summary

The 2011 Report reported that the country has a high level of alignment with the European Union (EU) acquis due to their participation in the European Economic Area. However, further progress must be made in order to complete alignment, particularly concerning the free movement of goods, workers, services and capital.

EUROPEAN UNION ACQUIS (according to the Commission’s words)

The principle of the free movement of goods implies that products must be traded freely from one part of the Union to another. In a number of sectors, this general principle is complemented by a harmonised regulatory framework, following the “old approach” (imposing precise product specifications) or the “new approach” (imposing general product requirements). The harmonised European product legislation, which has to be transposed, represents the largest part of the acquis under this chapter. In addition, sufficient administrative capacity to notify the restrictions to trade and to apply horizontal and procedural measures in areas such as standardisation, certification, accreditation, metrology and market surveillance is essential.

The acquis in respect of the free movement of workers states that citizens of an EU Member State have the right to work in another Member State. EU migrant workers must be treated in the same manner as national workers with regard to working conditions, social benefits and tax allowances. The acquis also provides a mechanism for coordinating national social security provisions for those tax contributors and their families who move to another Member State.

Member States are required to remove all restrictions with regard to the free movement of services. Member States must ensure that the right of establishment and the freedom to provide services anywhere in the EU is not hampered by national legislation. In some sectors, the acquis prescribes harmonised rules which must be respected if the internal market is to function; this concerns mainly the financial sector (banking, insurance, investment services and securities markets). Financial institutions may carry out their activities throughout the European Union according to the principle of ‘home country control’ by opening branches or by providing cross-border services. The acquis also provides harmonised rules for some specific professions (craftsmen, traders, farmers, commercial agents), for certain information society services, and matters relating to personal data protection.

Member States must remove all restrictions on the free movement of capital between themselves, within the European Union, but also with third countries (with some exceptions) and adopt EU rules applicable to cross-border payments and to credit transfers concerning transferable securities. The money laundering and financing of terrorism directives require banks and other economic operators to identify their clients and be aware of certain operations, particularly in the case of cash transactions for high-value items. In order to tackle financial crime, it is essential that administrative and enforcement capacities are put in place, particularly by establishing cooperation between those authorities responsible for surveillance, implementing law and carrying out criminal proceedings.

The acquis on public procurement covers the general principles of transparency, equal treatment, free competition and non-discrimination. In addition, specific Community rules apply to the coordination and granting of public works, supplies and services contracts for traditional contracting entities and specific sectors. The acquis also defines the rules relating to the court procedures and means of action available. Its implementation requires specialised bodies.

The acquis relating to intellectual property rights defines the harmonised rules for the legal protection of copyright and related rights. Specific provisions are applicable to the protection of databases, data processing programmes, topographies of semi-conductors, satellite broadcasting and cable retransmission. In the field of intellectual property rights, the acquis details harmonised rules for the legal protection of trademarks and designs. Other specific provisions apply to biotechnological inventions and to pharmaceutical and phytopharmaceutical products. The acquis also establishes a Community trademark system and a Community design system.

The acquis on company law includes rules applicable to the constitution, registration, merger and division of companies. In the field of financial information, the acquis specifies the rules to be complied with regarding the presentation of consolidated annual accounts and provides simplified rules for small and medium-sized enterprises, in particular. The application of international accounting standards is obligatory for certain entities of public interest. Furthermore, the acquis also includes provisions relating to the approval, professional integrity and independence of persons responsible for legal controls.

The Customs union
acquis consists almost exclusively of legislation which is directly binding on the Member States. It includes the Community’s Customs Code and its implementing provisions; the Combined Nomenclature, Common Customs Tariff and provisions on tariff classification, customs duty relief, duty suspensions and certain tariff quotas; and other provisions such as those on customs control of counterfeit and pirated goods, drugs precursors and the export of cultural goods and on mutual administrative assistance in customs matters and transit. Member States must also have the required implementing capacities, particularly connectivity with the EU’s computerised customs systems. Customs authorities must also have sufficient capacity for implementation and compliance with the specific provisions established in related fields of the acquis, such as foreign trade.

EVALUATION (according to the Commission’s words)

Iceland maintains a high level of alignment with the acquis on the free movement of goods. Further improvement is required concerning horizontal measures and product legislation under the ‘Old Approach’ (which imposes precise product specifications in opposition to the ‘New Approach’ which imposes general specifications which products must meet), particularly in the automobile sector.

Similarly, the country has already achieved a high level of alignment on the free movement of workers. Preparations are continuing to implement the new regulations on the coordination of social security.

Alignment concerning the right of establishment and the freedom to provide services is satisfactory. However, alignment with the Services Directive and transposition of the third postal services directive is not complete. The administrative capacity must be strengthened in order to implement the EU rules and policies effectively. Finally, the country achieved a good level of alignment on financial services, although the reforms remain partially introduced. Implementation of European provisions is incomplete in certain key sectors, such as the insurance and securities sectors, and the monitoring capacity must be improved. The Icesave dispute remains unresolved.

Iceland largely applies the acquis on the free movement of capital, although it is still incomplete due to the large restrictions still applicable to capital. The legal framework has been strengthened, and the administrative capacity of the financial information unit must be improved.

The country achieved a high level of alignment on intellectual property rights and its administrative capacity is appropriate. Measures have been taken to improve the application of provisions.

Implementation of the EU acquis is satisfactory in the field of company law. However, alignment is not yet complete concerning accounting standards and international audit standards.

Customs legislation is largely aligned, although legislative discrepancies still need to be addressed, particularly concerning customs rules, procedures with economic impact, duty free and security aspects. The administrative capacity of the country is insufficient in this field. Lastly, preparations to implement the acquis effectively must be made, particularly concerning the interconnectivity of the European and Icelandic IT customs systems.

Croatia – Internal market

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Croatia – Internal market

Outline of the Community (European Union) legislation about Croatia – Internal market

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Single market for goods: external dimension

Croatia – Internal market

acquis) and, more specifically, the priorities identified jointly by the Commission and the candidate countries in the analytical assessment (or ‘screening’) of the EU’s political and legislative acquis. Each year, the Commission reviews the progress made by candidates and evaluates the efforts required before their accession. This monitoring is the subject of annual reports presented to the Council and the European Parliament.

Document or Iniciative

Commission Report [COM(2010) 660 final – SEC(2010) 1326 – Not published in the Official Journal].

Summary

The 2010 Report presents the improvements made in terms of the free movement of goods, workers, services and capital. These improvements have particularly taken place in coordinating social security systems, the recognition of vocational qualifications, postal services and the protection of intellectual property. Effort is required with regard to product safety, security of payment systems and combating money laundering. Progress has also been made in the development of the Customs Union.

EUROPEAN UNION ACQUIS (according to the Commission’s words)

The principle of the free movement of goods implies that products must be traded freely from one part of the Union to another. In a number of sectors, this general principle is complemented by a harmonised regulatory framework, following the “old approach” (imposing precise product specifications) or the “new approach” (imposing general product requirements). The harmonised European product legislation, which has to be transposed, represents the largest part of the acquis under this chapter. In addition, sufficient administrative capacity to notify the restrictions to trade and to apply horizontal and procedural measures in areas such as standardisation, certification, accreditation, metrology and market surveillance is essential.

The acquis in respect of the free movement of workers states that citizens of an EU Member State have the right to work in another Member State. EU migrant workers must be treated in the same manner as national workers with regard to working conditions, social benefits and tax allowances. The acquis also provides a mechanism for coordinating national social security provisions for those tax contributors and their families who move to another Member State.

Member States are required to remove all restrictions with regard to the free movement of services. Member States must ensure that the right of establishment and the freedom to provide services anywhere in the EU is not hampered by national legislation. In some sectors, the acquis prescribes harmonised rules which must be respected if the internal market is to function; this concerns mainly the financial sector (banking, insurance, investment services and securities markets). Financial institutions may carry out their activities throughout the European Union according to the principle of ‘home country control’ by opening branches or by providing cross-border services. The acquis also provides harmonised rules for some specific professions (craftsmen, traders, farmers, commercial agents), for certain information society services, and matters relating to personal data protection.

Member States must remove all restrictions on the free movement of capital between themselves, within the European Union, but also with third countries (with some exceptions) and adopt EU rules applicable to cross-border payments and to credit transfers concerning transferable securities. The money laundering and financing of terrorism directives require banks and other economic operators to identify their clients and be aware of certain operations, particularly in the case of cash transactions for high-value items. In order to tackle financial crime, it is essential that administrative and enforcement capacities are put in place, particularly by establishing cooperation between those authorities responsible for surveillance, implementing law and carrying out criminal proceedings.

The acquis on public procurement covers the general principles of transparency, equal treatment, free competition and non-discrimination. In addition, specific Community rules apply to the coordination and granting of public works, supplies and services contracts for traditional contracting entities and specific sectors. The acquis also defines the rules relating to the court procedures and means of action available. Its implementation requires specialised bodies.

The acquis relating to intellectual property rights defines the harmonised rules for the legal protection of copyright and related rights. Specific provisions are applicable to the protection of databases, data processing programmes, topographies of semi-conductors, satellite broadcasting and cable retransmission. In the field of intellectual property rights, the acquis details harmonised rules for the legal protection of trademarks and designs. Other specific provisions apply to biotechnological inventions and to pharmaceutical and phytopharmaceutical products. The acquis also establishes a Community trademark system and a Community design system.

The acquis on company law includes rules applicable to the constitution, registration, merger and division of companies. In the field of financial information, the acquis specifies the rules to be complied with regarding the presentation of consolidated annual accounts and provides simplified rules for small and medium-sized enterprises, in particular. The application of international accounting standards is obligatory for certain entities of public interest. Furthermore, the acquis also includes provisions relating to the approval, professional integrity and independence of persons responsible for legal controls.

The Customs union
acquis consists almost exclusively of legislation which is directly binding on the Member States. It includes the Community’s Customs Code and its implementing provisions; the Combined Nomenclature, Common Customs Tariff and provisions on tariff classification, customs duty relief, duty suspensions and certain tariff quotas; and other provisions such as those on customs control of counterfeit and pirated goods, drugs precursors and the export of cultural goods and on mutual administrative assistance in customs matters and transit. Member States must also have the required implementing capacities, particularly connectivity with the EU’s computerised customs systems. Customs authorities must also have sufficient capacity for implementation and compliance with the specific provisions established in related fields of the acquis, such as foreign trade.

 EVALUATION (according to the Commission’s words)

Good progress has been made in the field of free movement of goods and alignment with the acquis in this chapter is well advanced. However, further efforts are necessary, particularly on conformity assessment, metrology and market surveillance. Croatia needs to complete alignment with the acquis and to strengthen implementation capacity.

Good progress can be reported in the area of free movement of workers, and a satisfactory level of legal alignment has been achieved. Additional efforts are needed to strengthen, in particular, the coordination of social security systems.

Progress has been made in the field of right of establishment and freedom to provide services, in particular on mutual recognition of professional qualifications and on postal services. Overall alignment with the acquis is satisfactory. Increased efforts are required to complete alignment, in particular in the area of mutual recognition of professional qualifications and to transpose the Services Directive. Work on improving administrative capacity needs to be continued.

Further progress has been made in aligning with the acquis in the field of free movement of capital. Continued efforts are needed to complete liberalisation of capital movements and to consolidate the enforcement of anti-money laundering legislation.

Good progress has been made with regard to customs union. Croatia’s customs legislation is aligned with the acquis to a very large extent. Croatia has continued to make progress in the area of IT, notably in interconnectivity. Further progress towards removing the last discrepancies in Croatia’s legislation, implementing the Anti-Corruption Strategy and preparing for IT interconnectivity is required.

Related Acts

Commission Report [COM(2009) 533 final – SEC(2009) 1333 final – Not published in the Official Journal].

Commission Report [COM(2008) 674 final – SEC(2008) 2694 final – Not published in the Official Journal].

The 2008 report highlighted the progress made in the free movement of goods and capital. Freedom of movement for workers was however not yet in line with the Union rules on access to the labour market, whilst obstacles still hampered the right of establishment and freedom to provide services.

Commission Report [COM(2007) 663 final – SEC(2007) 1431 – Not published in the Official Journal].
In its 2007 report, the Commission noted some progress with regard to the free movement of goods, workers, capital and services, and the right of establishment. It advised that efforts to align legislation with the acquis should be continued.

Commission Report [COM(2006) 649 final – Not published in the Official Journal].
The 2006 report stated that limited progress had been made with regard to customs union, public procurement, right of establishment, financial services, intellectual property and the free movement of capital. Croatia would need to invest a lot more effort into aligning its legislation with the Community acquis on the free movement of goods, workers, services and capital.

Commission Report [COM(2005) 561 final – SEC(2005) 1424 – Not published in the Official Journal].
The 2005 report pointed out that, in spite of the efforts made in 2004, there were still several barriers to the free movement of goods in Croatia. There had been very limited progress as regards the free movement of workers, services and capital.

Commission Opinion [COM(2004) 257 final – Not published in the Official Journal].
In its 2004 report, the Commission pointed out that the key elements of the Community acquis covering the free movement of goods were not yet in place. Considerable delays had been noted with respect to the free movement of workers. The Commission considered additional efforts to be urgently required in the area of the free movement of services and capital.

Drug precursors: external aspects

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Drug precursors: external aspects

Outline of the Community (European Union) legislation about Drug precursors: external aspects

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Single market for goods: external dimension

Drug precursors: external aspects

Document or Iniciative

Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors.

Summary

This regulation lays down rules for the monitoring of trade in precursor drugs between the European Union (EU) and non-EU countries. Drug precursors refer to substances used for the illicit manufacture of narcotic drugs and psychotropic substances. The regulation applies to imports, exports and transit of drug precursors with a view to preventing their diversion.

The aim of current legislation in this area is to apply Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988, which concerns trade in such substances.

Historically, the EU has been a significant exporter of precursors and an importer of illicitly manufactured drugs. Recently, the EU has also become one of the leading exporters of illicitly manufactured synthetic drugs and an importer of the precursors needed to manufacture them. Consequently, the provisions relating to the application for a licence to import or export drug precursors, the granting or refusal of such a licence and its suspension or revocation must be harmonised at EU level.

Given the magnitude of the trade in precursor drugs, current legislation in this area must be modernised. The new procedures are aimed at the most sensitive drug precursors so as not to place an excessive administrative burden on legitimate importers.

Trade monitoring

The purpose of this regulation is to:

  • introduce import and export authorisation requirements for the drug precursors concerned;
  • require all operators to label and properly document drug precursors;
  • require that all operators be licensed;
  • make sure that all drug precursor consignments are inspected in the EU;
  • strengthen import and export controls;
  • conduct special controls at EU level in areas where the risk of diversion is high, such as free zones and transhipment zones.

The import, export and transit of a substance listed in the annex to this regulation must be documented in such a way as to disclose the name of the substance, its quantity and weight, and the name and address of the exporter, importer, distributor and the ultimate consignee. The operators concerned must keep records of all transactions for a period of three years.

These operators must be licensed and registered as such by the competent authorities of the country in which they are established.

EU countries are responsible for establishing cooperation between operators and the competent authorities to enable the latter to prevent diversions from occurring. To this end, operators must transmit to the competent authorities all relevant information and notify them of all transactions involving scheduled substances.

In addition, operators must lodge an application for an import or export authorisation in respect of each transaction with the competent authorities of the EU country in which the importer or exporter is established. Applications for authorisations must contain full information on the transport arrangements, the name and address of all operators involved, and the nature, quantity and weight of the substance. The competent authorities must reach a decision within 15 working days from the completion of the application file.

If there are grounds for suspecting that diversion might occur, the competent authorities may refuse the import or export of the substance.

A similar procedure applies to non-EU countries having requested the Commission to inform them of any export of substances that concerns them or that have concluded an agreement with the EU on the issuing of import authorisations. A specific procedure applies to countries identified as sensitive as regards the possible diversion of certain scheduled substances.

EU countries are responsible for providing their competent authorities with the means to obtain information and conduct enquiries in order to prevent diversion from occurring.

Mutual assistance and confidentiality between the administrations of EU countries is essential. EU countries determine appropriate penalties for infringements. Each year they communicate to the Commission the results of their monitoring measures, on the basis of which the Commission draws up an annual report to be submitted to the International Narcotics Control Board.

The Commission prepares guidelines for the chemical industry. These will include information on how to recognise and report suspicious transactions and an updated list of non-scheduled substances used to illicitly manufacture narcotic drugs and psychotropic substances.

Background

Following the adoption of the 2000-04 EU action plan on drugs, the Commission organised an assessment of the control system of trade in drug precursors. It considered it necessary to extend monitoring requirements to operators trading with non-EU countries, to introduce a common approach to procedures for granting licences and to strengthen customs monitoring requirements. Consequently, this regulation replaces Regulation (EEC) No 3677/90, which originally laid down measures to discourage the diversion of drug precursors.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 111/2005

15.2.2005

–

OJ L 22 of 26.1.2005

Related Acts

Report from the Commission to the Council and the European Parliament of 7 January 2010 pursuant to Article 16 of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 and to Article 32 of Council Regulation (EC) No 111/2005 on the implementation and functioning of the Community legislation on monitoring and control of trade in drug precursors [COM(2009) 709 final – Not published in the Official Journal].
This report evaluates the implementation as well as the functioning of Regulations (EC) Nos 111/2005 (above) and 273/2004.
Based on data received form EU countries, the Commission’s evaluation concludes that the legal framework for controlling trade generally provides measures that are proportionate for preventing the diversion of drug precursors without obstructing their legitimate trade. The well-functioning cooperation between operators and competent authorities has greatly contributed to this. Furthermore, the EU guidelines for the chemical industry, together with a new eLearning course for economic operators, complements well this legal framework.
EU countries have applied the common licensing system for category 1 precursors satisfactorily and it functions effectively for the competent authorities as well as for the industry. However, the registration requirement for category 2 precursors might have certain weak points for properly controlling, and preventing diversion in the trade of these substances. In addition, certain provisions (e.g. relating to customer declarations or criteria for determining mixtures) are interpreted differently by EU countries. Other difficulties concern the insufficient rate of reporting by operators to competent authorities and certain aspects of the legislation on external trade, such as inflexible time limits for pre-export notifications and lack of simplified authorisation procedures.
Consequently, the report makes the following recommendations:

  • enhance the harmonised application of the legislative framework by EU countries, especially by sharing best practice;
  • improve reporting, for example by increasing the frequency with which operators must report to competent authorities;
  • possibly modify existing legislation to strengthen controls on category 2 precursors;
  • strengthen controls on pharmaceutical preparations/medicinal products containing ephedrine or pseudo-ephedrine that transit through the EU;
  • modify the procedural requirements to achieve a level of controls that is proportionate to the risk of diversion.

Commission Regulation (EC) No 1277/2005 of 27 July 2005 laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade in drug precursors between the Community and third countries [Official Journal L 202 of 03.08.2005].
The regulation lays down implementing rules concerning the responsible officer, the licensing and registration of operators, the provision of information, pre-export notifications and export and import authorisations in the area of drug precursors.