Internal Market – Mutual Recognition.What
the Europeans have done is to create a common set of rules for
business. The Single Market of more than 500 million consumers and an
untold number of commercial and industrial operators is thereby opened
up. This requires the free movement of goods, services, persons and
capital between the Member States. All this has made Europe an open
society with new opportunities and competitive business with a strong
respect for the individual company, its customers and competitors.
The one-stop principle.
The obstacles to, and restrictions on, the free movements of goods and services are abolished and a legal system is established to prevent distortions of competition. However, there remains in the internal market a great potential that has still not been exploited.
To improve the functioning of the internal market and the free movement of products and services, the EU has established the principle of mutual recognition. The cornerstone for this is found in the Cassis de Dijon case and an extensive so-called Goods Package has been adopted based on this principle.
The Goods PackageGoods within the Community must fulfil requirements providing a high level of protection for the public interest in terms of Health and Safety, Consumer Protection, Environmental Protection and Security. These form a common framework for the marketing of products and for market surveillance. It is however difficult to adopt Community legislation for every product which exists or which may be developed. What we have is a broad-based, legislative framework of a horizontal nature to deal with product information in marketing and a pending revision of existing specific legislation.
The Goods Package comprises two Regulations, 764/2008 and 765/2008, to ensure that the principle of mutual recognition works in practice. The EU here is following the line taken in the judgment of the Court in the Cassis de Dijon case referred to above:
1) The Member States agree to recognise each other's national product rules and other legal requirements as being equally valid, even in the absence of common EU rules.
2) Common rules are introduced on the assessment of product conformity and CE marking.
3) New common rules on market surveillance are introduced. Market surveillance by the Member states has become increasingly important to ensure confidence in the goods moving freely in the growing internal market.
Which are the specific legislative measures that have been adopted in your area of business?