EP-comissie akkoord met regels inzake vrij verkeer van goederen in de Europese Unie (en)

The free movement of goods within the EU is expected to speed up following the adoption of a legislative package by the Internal Market Committee on Tuesday 27 November. The reports adopted relate to three directives on mutual recognition and market surveillance. MEPs want to make the sale of goods within the EU easier while boosting consumer confidence in products bearing the "CE" label.

The free movement of goods is one of the basic principles of the single market, a cornerstone of economic cohesion in the EU and a driving force behind economic growth and competitiveness in Europe. However, in practice protectionism, red tape or quite simply a lack of information on rights and obligations create barriers to free trade within the EU.

Mutual recognition: clearer and stricter

Under the treaty, no EU Member State may prevent the sale on its territory of a product which is lawfully marketed in another Member State. There are exceptions (for example, well-justified technical restrictions or those introduced for reasons of "overriding" necessity) but these do not explain all the problems faced by products imported from one state to another. EU case law has confirmed the validity of the principle of "mutual recognition", which applies to 25% of "non-harmonised" products", i.e. those not covered by EU-wide standardisation rules.

A report drafted by Alexander Stubb (EPP-ED, FI) deals with the application of certain national technical rules to products lawfully marketed in another Member State. Greater legal certainty is needed: the conditions in which a Member State could impose a national technical rule excluding from its market a product from another Member State will be clearer and stricter. The exchange of information between states will be improved. Access for manufacturers to information on technical rules applicable in the Member States will be made easier.

This legislative package is designed to facilitate the free movement of all industrial goods within the EU, and not only non-harmonised ones.

Accreditation and market surveillance

Member States are responsible for the surveillance of goods sold on their territory. National authorities are also responsible for the accreditation of goods, which is the ultimate level at which their compliance with the rules is checked. However, this system is not perfect.

The arrival of new products, the growth of imports from non-EU countries, the different rules and approaches in the Member States and a whole range of other factors prompted the European Commission to present to Parliament and the Council in February 2007 two draft directives on the placing of goods on the market. The aim of the first it to establish a common framework for accreditation bodies (report by Christel Schaldemose, EPP-ED, DK), while the second deals with the principles of accreditation and market surveillance (rapporteur: André Brie, GUE/NGL, DE).

Mr Brie's report highlights the requirement for Member States and the Commission to inform the public about products found on the market which do not meet existing safety standards. The main aim is to clarify the accreditation rules at national and European levels and to strengthen market surveillance.

Labelling: no to CE+

Mrs Schaldemose' report looks at the markings on goods indicating their compliance with the rules and the designation of compliance assessment bodies by national authorities. The different practices in the Member States as regards market surveillance increase the risks of distortion of competition and unfair treatment of goods from another Member State. This particularly applies to procedures for products that are hazardous to health or the environment which are withdrawn from the market.

The text amended by the committee proposes clarifying certain definitions (for example, of "placing on the market" and "manufacturer") as well as the obligations of economic operators and the inspection of products from non-EU countries.

The draft legislation also deals with the uncertainties faced by consumers who buy a product labelled with a national marking or the "CE" mark. MEPs finally rejected a proposal to create a "CE+" mark (which would indicate that a compliance verification body had checked the product). However, they did agree on a single definition of the CE mark and on rules governing the responsibility of manufacturers who decide to use this mark on their goods.