Notification of national measures derogating from the principle of the free movement of goods

Notification of national measures derogating from the principle of the free movement of goods

Outline of the Community (European Union) legislation about Notification of national measures derogating from the principle of the free movement of goods

Topics

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

Internal market > Free movement of goods: general framework

Notification of national measures derogating from the principle of the free movement of goods

Document or Iniciative

Regulation (EC) 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision 3052/95/EC.

Summary

The aim of this Regulation is to strengthen the functioning of the internal market by improving the free movement of goods.

Scope

The Regulation lays down rules and procedures that the competent authorities of a Member State should follow if they decide, for a product or type of product:

  • to prohibit it from the market;
  • to request its modification or additional testing;
  • to withdraw it from the market.

It does not apply to judicial decisions:

  • made by courts or tribunals;
  • made by law enforcement authorities.

Technical rule

For the purposes of this Regulation, a technical rule is any provision of a law, regulation or other administrative provision of a Member State which:

  • is not the subject of harmonisation at Community level;
  • prohibits the placing on the market of a product or type of product;
  • statesthe characteristics required of that product (levels of quality, performance, safety or dimensions);
  • states any other requirement for the purpose of protecting consumers or the environment.

Procedure for the application of a technical rule

With a view to making a product or type of product subject to an assessment, the competent authority can ask the economic operator to supply information concerning the characteristics or the placing on the market of the product.

Following the assessment, the competent authority can take a decision to prohibit, modify or withdraw a product from the market. It informs the economic operator of this, who shall then be allowed at least 20 working days in which to submit comments.

During this period, the product may still be sold, unless it represents a serious risk to the health and safety of consumers or a breach of public morality or public security.

Product Contact Points

Member States shall designate Product Contact Points in their territories and shall communicate their contact details to the other Member States and to the Commission. A list of Product Contact Points shall be regularly updated by the European Commission on the Official Journal of the European Union website.

These Product Contact Points must provide information on:

  • the technical rules applicable to a product or type of product;
  • the contact details of the competent authorities in a given Member State;
  • the remedies generally available in the event of a dispute between the competent authorities and an economic operator.

The Commission may set up a telematic network concerning the exchange of information between Product Contact Points.

Context

The internal market offers many advantages such as the free movement of persons, services, goods and capital. In particular it allows a larger number of European enterprises to enter into competition. However, some technical obstacles to the movement of goods may be created illegally.

It is therefore necessary to strengthen the internal market by consolidating the principle of mutual recognition.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 764/2008 2.9.2008 13.5.2009 L 218/29 of 13.8.2008


Another Normative about Notification of national measures derogating from the principle of the free movement of goods

Topics

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

Internal market > Free movement of goods: general framework

Notification of national measures derogating from the principle of the free movement of goods

The transparency of national measures which act as a barrier to the free movement of products makes it easier to deal with problems which undermine the principle of the free movement of goods. This decision introduces a procedure whereby Member States are required to notify the Commission of any national measures which derogate from this principle. This type of procedure helps solve problems arising in connection with the operation of the internal market to the satisfaction of both business and consumers.

Document or Iniciative

Decision 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community.

Summary

Decision 3052/95/EC introduces a system for the exchange of information between the Member States and the Commission. This notification system relates to national measures derogating from the principle of the free movement of goods in non-harmonised sectors.

Scope

The information system entails the notification of national measures which act as a barrier to the free movement or placing on the market of a particular model or type of goods lawfully produced or marketed in another Member State, where the direct or indirect effect of the measure is a general ban on the goods, a refusal to allow the goods to be placed on the market, the modification of the model or type of product concerned before it can be placed or kept on the market, or withdrawal of the goods from the market.

Exemptions and derogations

The information system does not apply to:

  • measures taken solely in pursuance of Community harmonisation measures;
  • measures notified to the Commission under specific provisions;
  • draft measures notified to the Commission under specific Community provisions;
  • measures, such as preventive measures or investigations, which simply prepare or lead up to the main measure acting as a barrier to the free movement or placing on the market of a particular model or type of goods lawfully produced or marketed in another Member State;
  • measures relating solely to the protection of public morality or public order;
  • measures relating to second-hand goods which, with time or use, have become unsuitable for being placed or kept on the market.

Context

Decision No 3052/95/EC is repealed and replaced by Regulation No 764/2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State, from 13 May 2009.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Decision No 3052/95/EC [adoption: codecision COD/1993/0489]

30.12.1995

1.1.1997

OJ L 321 of 30.12.1995

Related Acts

Report of 7 April 2000 from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the implementation of Decision 3052/95/EC in 1997 and 1998 [COM(2000) 194 final – Not published in the Official Journal].

The report assesses how the decision operated in 1997 and 1998. It then gives a breakdown of how it was implemented by the Member States and the Commission during the first two years, in order to draw a number of conclusions.

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