EU moves to bolster free movement of goods through extended mutual recognition

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EU moves to bolster free movement of goods through extended mutual recognition

The Austrian presidency of the Council today reached a provisional agreement with the European Parliament on measures which will facilitate the circulation of goods across the EU. The new rules improve and expand the application of the mutual recognition principle.

More reliance on the principle of mutual recognition is good for manufacturers, good for traders and good for consumers. The new rules will lead to less bureaucracy, more business opportunities, a wider choice for consumers and more competitive prices.

Margarete Schramböck, Federal Minister for Digital and Economic Affairs of Austria

The draft regulation is expected to improve the application of the principle of mutual recognition in the following ways :

  • it clarifies the scope of mutual recognition. This will increase legal certainty for businesses and national authorities as to when the principle of mutual recognition can be applied;
  • it introduces a mutual recognition declaration to make it easier to demonstrate that the goods in question have already been lawfully marketed in an EU country. This is meant to enable economic operators to benefit from the use of such a declaration within the framework of assessment of goods in question;
  • it establishes a problem-solving mechanism based on the SOLVIT network. This is expected to provide practical solutions in case of disputes regarding the compatibility of an administrative decision denying or restricting market access with the principle of mutual recognition;
  • it improves administrative cooperation through Product Contact Points and enhanced recourse to IT technology. These are expected to enhance the exchange of information and trust among national authorities;
  • it provides for the possibility of EU financial support for setting up the above mechanisms established under the new rules.

After formal approval of the proposed regulation by the Parliament and the Council, the new rules will be applied twelve months after the entry into force of the regulation.

Next steps

The provisional agreement will have to be endorsed by the European Parliament and the Council before it is formally adopted.

Background

The existing legislative framework does not allow businesses to rely sufficiently on the principle of mutual recognition when they enter new markets in other EU countries. Goods which are lawfully commercialised in one EU country are still occasionally denied market access in another EU country for no good reason. As a consequence, businesses tend to adapt their goods to the various requirements of each national market when trying to enter new markets. This entails unwarranted costs and delays.

The principle of mutual recognition derives from the case-law of the Court of Justice of the European Union. It is one of the means of ensuring the free movement of goods within the internal market. According to this principle, a member state may not prohibit the sale on its territory of products which are lawfully marketed in another member state, even where those products were manufactured in accordance with technical rules different from those to which domestic products are subject. The only exceptions to the principle are restrictions which are justified on grounds of a legitimate public interest and which are proportionate to the pursued objectives.

The Commission tabled the proposal for the new regulation on 19 December 2017 as part of the “Goods package”, which also contains a proposal for a regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products.




EU moves to bolster free movement of goods through extended mutual recognition

Roaming charges ended in the European Union on 15 June 2017. Europeans travelling within EU countries will ‘Roam Like at Home’ and pay domestic prices for roaming calls, SMS and data.  …

On 23 June 2016 citizens of the United Kingdom (UK) voted to leave the European Union (EU). On 29 March 2017 the UK formally notified the European Council of its intention to leave the EU by…

Over the past 20 years, the European Union has put in place some of the highest common asylum standards in the world. And in the past two years, European migration policy has advanced in leaps and…

‘Europe will not be made all at once, or according to a single plan.It will be built through concrete achievementswhich first create a de facto solidarity.’Robert Schuman9 May 1950On 25 March 2017,…

In response to the illegal annexation of Crimea and deliberate destabilisation of a neighbouring sovereign country, the EU has imposed restrictive measures against the Russian Federation.  …

Enlargement is the process whereby countries join the EU. Since it was founded in 1957, the EU has grown from 6 member countries to 28.Any European country that respects the principles of liberty,…




EU moves to bolster free movement of goods through extended mutual recognition

The Austrian presidency of the Council today reached a provisional agreement with the European Parliament on measures which will facilitate the circulation of goods across the EU. The new rules improve and expand the application of the mutual recognition principle.

More reliance on the principle of mutual recognition is good for manufacturers, good for traders and good for consumers. The new rules will lead to less bureaucracy, more business opportunities, a wider choice for consumers and more competitive prices.

Margarete Schramböck, Federal Minister for Digital and Economic Affairs of Austria

The draft regulation is expected to improve the application of the principle of mutual recognition in the following ways :

  • it clarifies the scope of mutual recognition. This will increase legal certainty for businesses and national authorities as to when the principle of mutual recognition can be applied;
  • it introduces a mutual recognition declaration to make it easier to demonstrate that the goods in question have already been lawfully marketed in an EU country. This is meant to enable economic operators to benefit from the use of such a declaration within the framework of assessment of goods in question;
  • it establishes a problem-solving mechanism based on the SOLVIT network. This is expected to provide practical solutions in case of disputes regarding the compatibility of an administrative decision denying or restricting market access with the principle of mutual recognition;
  • it improves administrative cooperation through Product Contact Points and enhanced recourse to IT technology. These are expected to enhance the exchange of information and trust among national authorities;
  • it provides for the possibility of EU financial support for setting up the above mechanisms established under the new rules.

After formal approval of the proposed regulation by the Parliament and the Council, the new rules will be applied twelve months after the entry into force of the regulation.

Next steps

The provisional agreement will have to be endorsed by the European Parliament and the Council before it is formally adopted.

Background

The existing legislative framework does not allow businesses to rely sufficiently on the principle of mutual recognition when they enter new markets in other EU countries. Goods which are lawfully commercialised in one EU country are still occasionally denied market access in another EU country for no good reason. As a consequence, businesses tend to adapt their goods to the various requirements of each national market when trying to enter new markets. This entails unwarranted costs and delays.

The principle of mutual recognition derives from the case-law of the Court of Justice of the European Union. It is one of the means of ensuring the free movement of goods within the internal market. According to this principle, a member state may not prohibit the sale on its territory of products which are lawfully marketed in another member state, even where those products were manufactured in accordance with technical rules different from those to which domestic products are subject. The only exceptions to the principle are restrictions which are justified on grounds of a legitimate public interest and which are proportionate to the pursued objectives.

The Commission tabled the proposal for the new regulation on 19 December 2017 as part of the “Goods package”, which also contains a proposal for a regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products.




Commissioner Miguel Arias Cañete welcomes the political agreement on a proposal to improve the EU’s risk preparedness in the electricity sector

Today’s deal means that five out of the eight legislative proposals of the 2016 Clean Energy for All Europeans package have been politically agreed by the co-legislators, after the agreements in the first half of 2018 on the Governance proposal, the revised Energy Efficiency Directive, the revised Renewable Energy Directive and the Energy Performance in Buildings Directive. It is clear progress and momentum towards completing the Energy Union and combatting climate change are well under way. The Juncker Commission, working under its political priority “a resilient Energy Union and a forward-looking climate change policy“, is delivering.

Commissioner for Climate Action and Energy Miguel Arias Cañete said:Today’s deal is another major delivery in our transition to a clean and secure energy system Today’s electricity markets are increasingly interlinked.

With today’s deal, Europeans will be better protected against black-outs. It will ensure that all Member States put in place appropriate tools to prevent, prepare for and manage crisis situations in the supply of electricity. Even when markets and systems function well, the risk of an emergency due to unforeseen circumstances cannot be excluded. Such situations can be managed more effectively through cross border co-ordination in a spirit of solidarity among neighbours.”

The new Regulation will provide new common methods for the identification of possible electricity crisis scenarios at national and regional levels; ensure maximum preparedness against electricity crises and effective management thereof through the preparation and publication of risk-preparedness plans by Member States developed on the basis of the electricity crisis scenarios identified; help national authorities prevent and manage crisis situations in cooperation with each other in a spirit of solidarity; set up a new framework for a more systematic monitoring of security of supply issues via the Electricity Coordination Group; and ensure that markets can work as long as possible.

Following this political agreement, the text of the Regulation will have to be formally approved by the European Parliament and the Council. Once endorsed by both co-legislators in the coming months, the Regulation will be published in the Official Journal of the Union and will immediately enter into force.

 

Background

The regulation on Risk Preparedness of the electricity sector is part and parcel of the implementation of the Juncker Commission priorities to build “a resilient Energy Union and a forward-looking climate change policy”. The Commission wants the EU to lead the clean energy transition. For this reason the EU has committed to cut CO2 emissions while modernising the EU’s economy and delivering on jobs and growth for all European citizens. In doing so, the Commission is guided by three main goals: putting energy efficiency first, achieving global leadership in renewable energies and providing a fair deal for consumers. All this must be done whilst guaranteeing the security of energy supply of the EU and the resilience and stability of the system against potential threats and crises.

The proposed Regulation focuses on how to secure the resilience of the electricity system as a whole and how to manage electricity crises when they occur, by ensuring that all Member States put in place the appropriate tools to prevent, prepare for and manage these situations. This is necessary given that even where markets and systems function well, the risk of an electricity crisis as a result of a variety of circumstances (e.g. extreme weather circumstances, malicious attacks including cyber-attacks, a fuel shortage) cannot be excluded. In addition, given that electricity systems are integrated, where crisis situations do occur, they often have a cross-border effect. Some circumstances (e.g., a prolonged cold spell or heat wave) might affect several Member States simultaneously and incidents that start locally may rapidly spread. Currently, Member States behave very differently when it comes to preventing and managing crises. National rules and practices tend to focus on the national context only, disregarding cross-border effects. In addition, there is limited sharing of information amongst Member States.

The new rules will provide common methods for assessing risks, will bring more comparability and transparency to the preparation phase and during an electricity crisis, and will ensure that even in a crisis, electricity is delivered where it is needed most. A new framework for a more systematic monitoring of security of supply issues will be set up via the Electricity Coordination Group. The proposal contributes to the revised Third Package by ensuring that, even in crisis situations, priority is given to market-based measures and that markets can work as long as possible.

The Regulation complements and updates the existing network codes and guidelines thatset out harmonised principles for the operational planning and scheduling processes required to anticipate real time operational security difficulties. This will help national authorities prevent and manage crisis situations in cooperation with each other, while avoiding undue interference on the market and on the tasks of the Transmission System Operators (TSOs).

More information

Energy Union

Proposal on risk preparedness