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This document is an excerpt from the EUR-Lex website, Consolidated version of the Treaty on the Functioning of the European Union#PART THREE - UNION POLICIES AND INTERNAL ACTIONS#TITLE II - FREE MOVEMENT OF GOODS#CHAPTER 3 - PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES#Article 36 (ex Article 30 TEC), Consolidated version of the Treaty on the Functioning of the European UnionPART THREE - UNION POLICIES AND INTERNAL ACTIONSTITLE II - FREE MOVEMENT OF GOODSCHAPTER 3 - PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATESArticle 36 (ex Article 30 TEC), OJ C 202, 7.6.2016, p. 61–61 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV), ELI: http://data.europa.eu/eli/treaty/tfeu_2016/art_36/oj. Harmonisation of national legislation. Originally, free movement of goods was seen as part of a customs union between the Member States, involving the abolition of customs duties, quantitative restrictions on trade and equivalent measures, and the establishment of a common external tariff for the Community. This deadline was not met in the case of the supplementary objectives — the prohibition of measures having an equivalent effect, and the harmonisation of relevant national laws. Originally, the free movement of goods was seen as part of a customs union between the Member States, involving the abolition of customs duties, quantitative restrictions on trade and equivalent measures, and the establishment of a common external tariff for the Union. (ex Article 38 TEC) TITLE IV FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL . (ex Article 36 TEC) Article 43. Finally, the measures must have a direct effect on the public interest to be protected, and must not go beyond the necessary level (principle of proportionality). Parliament has successfully completed work on the e-Call Regulation and the decision on interoperability solutions for European public administrations, businesses and citizens (ISA2)[2]. they apply to all relevant traders operating within the national territory, and affect in the same manner, in law and in fact, the marketing of domestic products and products from other Member States). On 16 April 2019, Parliament adopted the regulation on type-approval for motor vehicles as regards their general safety and the protection of vehicle occupants and vulnerable road users. From a legal standpoint, this is mainly due to the fact that Article 346(1)(b) of the Treaty on the Functioning of the European Union (TFEU) was read as excluding the whole defence sector from the remit of EU law. Article 36 of the TFEU allows Member States to take measures having an effect equivalent to quantitative restrictions when these are justified by general, non-economic considerations (e.g. Indirectly discriminatory or indistinctly applicable rules can be justified on the basis of both Article 36 TFEU and mandatory requirements. Prohibition of charges having an effect equivalent to that of customs duties: Article 28(1) and Article 30 of the TFEU. Article 114 (10) provides for the inclusion of a safeguard clause in harmonisation measures. A. Harmonised European standards help to ensure free movement of goods within the internal market and allow enterprises in the EU to become more competitive. Striking a balance on parallel imports. Article 110 TFEU. Tag: Article 36 TFEU. Louise Blandin / Mariusz Maciejewski / Christina Ratcliff, Direct access to language menu (press "Enter"), Direct access to search menu (press "Enter"), Freedom of establishment and freedom to provide services, Affordable communications for businesses and consumers, Intellectual, industrial and commercial property, Product Safety and Market Surveillance Package, regulation on market surveillance and compliance of products, EU Mapping: Overview of IMCO related legislation, Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector (OJ L 318, 4.12.2015, p. 1), Proposal for a regulation of the European Parliament and of the Council laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009, Workshop organised for IMCO Committee on type-approval requirements for motor vehicles, 29 November 2018, ‘Single Digital Gateway: how EU could meet expectations of citizens and businesses?’, Commission communication of 13 May 2020 on COVID-19: Towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls (C(2020)3250), Study on Contribution to Growth: Free Movement of Goods. Recent research indicates that the benefits arising from the principle of free movement of goods and related legislation amount to EUR 386 billion annually[7]. By adopting Regulation (EU) 2018/1724, Parliament strives to make all these platforms accessible for citizens and businesses through the Your Europe portal and the Single Digital Gateway[5]. 2855 words (11 pages) Act. Give the shortened title in parentheses before the pinpoint reference. Directives and regulations having Article 114 as their legal basis shall, in appropriate cases, include a clause authorising the Member States to take, for one or more of the non-economic reasons referred to in Article 36 TFEU, provisional measures. It is public knowledge that the legislation in question was introduced following sustained lobbying by the British motorcycle industry. Article 34 TFEU - QRs and MEQRS shall be prohibited between MS. Has direct effect (both horizontal and vertical as it is a Treaty Article) Article 35 TFEU - Similar prohibition as Art 34, on exports Article 36 TFEU - Justifications for Article 34 and 35 Article 37 TFEU - State monopolies must be compatible with free movement of goods The principles of mutual recognition, elimination of physical and technical barriers and promotion of standardisation were added in order to continue the completion of the internal market. CHAPTER 1 WORKERS. In an article published in the latest edition of CITMA Review, Joel Smith and Emily Bottle comment on the Court of Appeal’s recent judgment in Flynn Pharma Ltd v DrugsRus Ltd [2017] EWCA Civ 226. The seventh legislature concluded the legislative review of nine directives in the Alignment Package, in areas such as low-voltage equipment, electromagnetic compatibility, measuring instruments, and explosives for civil uses, as well as directives on pressure equipment and radio equipment. free movement of goods article 34,35 &36 tfeu introduction: free movement good is one of the fundamental freedoms of guaranteed by the eu treaties and is Parliament also concluded legislative work on: the regulation laying down harmonised conditions for the marketing of construction products; the labelling and marking of the fibre composition of textile products; the safety and environmental performance of two- and three-wheeled vehicles and quadricycles; and the directive on recreational craft and personal watercraft[1]. Justifying Restrictions on the Free Movement of Goods: The Relationship between the Justifications listed in Article 36 TFEU and the Mandatory Requirements Steinarsdottir, Auður Ýr LU JAEM03 20101 Department of Law. In its Dassonville judgment, the Court of Justice took the view that all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade were to be considered as measures having an effect equivalent to quantitative restrictions (see Case 8/74 of 11 July 1974 and paragraphs 63 to 67 of Case C-320/03 of 15 November 2015). Article 36, mandatory requirements), then the MS of import must allow the placing on its market of the product = principle of mutual recognition or the . Prohibition of measures having an effect equivalent to quantitative restrictions: Article 34 and Article 35 of the TFEU. ***article 36 tfeu (ex article 30 tec)*** the provisions of articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in Member States have to notify national exemption measures to the Commission. The adoption of the New Legislative Framework (NLF) in 2008 strengthened the free movement of goods, the EU’s market surveillance system and the CE mark. Most of these measures have now been adopted. BUT: if the product provides an . Justification under Article 36 TFEU - 113/80 Com v Ireland 46/76 Bauhuis Article [36] (...) must be interpreted strictly and the exceptions listed therein cannot be extended to cases other than those specifically laid down It has also made a strong legislative contribution to the harmonisation directives. Insert free text, CELEX number or descriptors. In 2013, at Parliament’s request, the Commission presented the Product Safety and Market Surveillance Package, consisting of new enforcement rules for the internal market for goods, which will enable national market surveillance authorities to enforce the law and to provide better and more extensive means of consumer protection. Article 36-- New weapons In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party. Applying this to the instant case, it can be seen that SYS soups have been sold and marketed successfully in the UK and as such, the presumption is that they should also be able to be sold and marketed in Latvia. reasons given in Article . The eighth legislature has continued these efforts through its work on regulations on cableway installations, appliances which burn gaseous fuels, medical devices and personal protective equipment. THE ARTICLE 36 TFEU DEROGATIONS Conclusion "The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of Later, the e… The right to free movement of goods originating in Member States, and of goods from third countries which are in free circulation in the Member States, is one of the fundamental principles of the Treaty (Article 28 TFEU). However, the single market still requires substantial reforms if it is to meet the challenges of technological progress. toys, building materials, machines, gas appliances and telecommunications terminal equipment). Completion of the internal market. Parliament was significantly involved in the NLF package adopted in 2008. Such exceptions to the general principle must be interpreted strictly and national measures cannot constitute a means of arbitrary discrimination or disguised restriction on trade between Member States. Parliament supported the completion of the internal market and has always given particular support to the ‘new approach’ in connection with the free movement of goods. "National rules adopted in order to achieve one of the objectives referred to in Article 36 [TFEU] are compatible with the Treaty only in so far as they do not exceed the limits of what is appropriate and necessary in order to achieve the desired objective.” Commission v … Since there is no definition of the aforementioned concept in the Treaty, the case law has had to provide one. under Article [36 TFEU] or by an imperative requirement.177 She did not attempt to define the term “marginal use” or to give examples of measures which only permitted such use. Under article 34 TFEU, quantitative restrictions on imports (and all measures having equivalent effect) are prohibited between Member States. The free movement of goods is secured through the elimination of customs duties and quantitative restrictions and the prohibition of measures having an equivalent effect. In its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences, Parliament underscored the fact that it is of the utmost importance to keep the internal EU borders open for goods, and recalled that the single market is the source of European collective prosperity and well-being and a key element of the immediate and continuous response to the COVID-19 outbreak. During the eighth legislature, Parliament adopted a new Notification Directive improving mutual information among the Member States about technical regulations, and a new Mutual Recognition Regulation with improved provisions for the national procedures that lead to the extension of mutual recognition. On 17 April 2019, Parliament voted to adopt a new regulation on market surveillance and compliance of products. - Restrictions on imports Principal entity it binds are MS 4 ... - Prohibited by article 34 TFEU mandatory requirements. E. Later on, the emphasis was placed on eliminating all remaining obstacles to the free movement of goods, with a view to creating the internal market. Article 36 of the EEC Treaty, however, provides important excep- tions to the principle of free movement of goods as embodied in Article 30.4 Article 36 states: The provisions of Articles 30 to 34 inclusive shall not be an obstacle to In the new approach based on the Council resolution of 7 May 1985 (confirmed in the Council resolution of 21 December 1989 and Council Decision 93/465/EEC), the guiding principle is the mutual recognition of national rules. Importantly, the field of application of Article 34 of the TFEU is limited by the Keck judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. 7th Jun 2019 Act Reference this In-house law team ... [36] Conclusion. This was further formalised in Regulation (EC) No 764/2008 on mutual recognition, which was adopted in 2008 as part of the New Legislative Framework (NLF). This regulation sets out to introduce numerous technical measures to save human lives and limit injuries in road accidents, which cause over 25 000 deaths and 100 000 serious injuries on European roads every year[4]. In the framework of the Circular Economy Package, Parliament prepared legislation on making CE-marked fertilising products available on the single market[3]. Furthermore, standardisation plays a central role in the proper functioning of the internal market. (ex Article 37 TEC) Article 44. The study will analyse Member State legislation that contradicts single market rules or creates new unjustified obstacles thereto and will seek to identify clear recommendations on how to remove these obstacles and prevent new ones from being created. Include both the formal and shortened names of the treaty (if the latter exist) in the first reference to a treaty. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. The Court of Justice rejected the German government's arguments that the measure proportionately protected public health under TFEU article 36, because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought. 36 TFEU. In its resolution of 19 June 2020, Parliament recalled that the Schengen area is a cherished achievement at the very heart of the EU project, and called on Member States to reduce restrictions on free movement and to step up their efforts to achieve the completion of Schengen integration. Whilst clearly expressed in Cassis, it must surely be the case that the presumption applies equally to Article 36 TFEU. Aiming to enhance the content of the standardisation reform, Parliament adopted a resolution on 21 October 2010 in which it called for the standardisation system’s many successful elements to be maintained and improved, and for the right balance to be struck between the national, European and international dimensions. Directives adopted under this new approach have the dual purpose of ensuring free movement of goods through the technical harmonisation of entire sectors, and guaranteeing a high level of protection of the public interest objectives referred to in Article 114(3) of the TFEU (e.g. public morality, public policy or public security). The creation of the single market necessitated the elimination of all remaining obstacles to the free movement of goods. Recent research indicates that the benefits arising from the principle of free movement of goods and related legislation amount to EUR 386 billion annually. In its resolution of 8 March 2011, Parliament called on the Commission to establish a single market surveillance system for all products (harmonised and non-harmonised), based on one legislative act covering the General Product Safety Directive and Regulation (EC) No 765/2008 on market surveillance, in order to attain a high level of product safety and market surveillance, and to clarify the legal basis. european union law 2017 – 2018 brief article 35 tfeu: quantitative restrictions on exports article 35 tfeu is drafted in the same terms as article (ex Article 42 TEC) CHAPTER 2 RIGHT OF ESTABLISHMENT. This is an open, non-exhaustive category - consumer protection (Mars, Cassis) - environmental protection (preussen elektra) - protection of financial balance of the social security system (decker) health and life of humans in article 36 TFEU (article 30 EC).14 However, it can be argued that some safety matters which the ECJ now seems to treat as separate case-law-based justifications, i.e., road safety,15 shipping safety,16 and product safety,17 could equally 8. Parliament’s Policy Department for Economic, Scientific and Quality of Life Policies plans to publish a study in October 2020 on the legal obstacles to single market rules. The key issues for Parliament, in its negotiations with the Council, were to secure agreement that all economic operators involved should increasingly be responsible for assuring the compliance and safety of the products they put on the market, and to strengthen the CE mark by making consumers more aware of it. Procedures for the exchange of information and a monitoring mechanism were introduced in order to facilitate supervision of such national exemption measures (as provided for in Article 114 and Article 117 of the TFEU, Decision 3052/95/EC of the European Parliament and of the Council and Council Regulation (EC) No 2679/98). These objectives became central in the ongoing effort to achieve free movement of goods. The Court’s reasoning was developed further in the Cassis de Dijon judgment, which laid down the principle that any product legally manufactured and marketed in a Member State in accordance with its fair and traditional rules, and with the manufacturing processes of that country, must be allowed onto the market of any other Member State. Furthermore, the Court of Justice recognised in its Cassis de Dijon judgment that Member States may make exceptions to the prohibition of measures having an equivalent effect on the basis of mandatory requirements (relating, among other things, to the effectiveness of fiscal supervision, the protection of public health, the fairness of commercial transactions and the defence of the consumer). Parliament insisted that this legislation be complemented by online platforms, such as SOLVIT and the Internal Market Information System (IMI) pursuant to Regulation (EU) No 1024/2012, for the exchange of information between national authorities and with the Commission in order to solve problems that citizens and enterprises experience in buying or selling goods in the EU. This will ensure a uniform framework for market surveillance at Union level and will help to increase the confidence of consumers. Article 110 has its roots in the pan-European project of economic prosperity and peaceful competition. Pursuant to Article 36 TFEU, Article 34 TFEU … Use, Other sites managed by the Publications Office, http://data.europa.eu/eli/treaty/tfeu_2016/art_36/oj, Portal of the Publications Office of the EU. 17 August, 2017 . This was the basic reasoning underlying the debate on defining the principle of mutual recognition, operating in the absence of harmonisation. equivalent level of protection of the legitimate interests involved (cf. The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. The adoption of harmonisation laws has made it possible to remove obstacles (such as by making national provisions inapplicable) and to establish common rules aimed at guaranteeing the free circulation of goods and products, and respect for other EU Treaty objectives, such as protection of the environment and of consumers, or competition. Article 30 states that customs duties on imports and exports, and charges having equivalent effect, are prohibited between Member States, which prohibition also applies to … (ex Article 40 TEC) Article 47. On 25 October 2012, Parliament and the Council adopted Regulation (EU) No 1025/2012 on European standardisation, modernising and improving the mechanism for setting European standards. C. Harmonisation has been further facilitated by the introduction of the qualified majority rule, required for most directives relating to the completion of the single market (Article 95 of the EC Treaty, as modified by the Maastricht Treaty), and by the adoption of a new approach, proposed in a Commission White Paper (1985), aimed at avoiding onerous and detailed harmonisation. The Commission White Paper (1985) set out the physical and technical obstacles to be removed and the measures to be taken by the Community to this end. These standards help to protect the health and safety of European consumers and also contribute to environmental protection. Parliament continues to work in this area, with the Alignment Package consisting of nine directives covering different products, including lifts, pyrotechnic articles and explosives. (ex Article 39 TEC) Article 46. The elimination of customs duties and quantitative restrictions (quotas) between Member States was accomplished by 1 July 1968. Articles 34, 35, 36 TFEU 2 Basic example of non fiscal barriers - Bans by MS on importation of particular goods from other MS Quotas 3 What does Article 34 TFEU focus on? Article 36 (ex Article 30 TEC) Consolidated version of the Treaty on the Functioning of the European Union PART THREE - UNION POLICIES AND INTERNAL ACTIONS TITLE II - FREE MOVEMENT OF GOODS CHAPTER 3 - PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES Article 36 (ex Article 30 TEC) The provisions on market surveillance in this regulation should cover products that are subject to Union harmonisation. recognised by the ECJ . Exceptions to the prohibition of measures having an effect equivalent to that of quantitative restrictions. The Court of Justice of the European Union considers that any charge, whatever it is called or however it is applied, ‘which, if imposed upon a product imported from a Member State to the exclusion of a similar domestic product has, by altering its price, the same effect upon the free movement of products as a customs duty’, may be regarded as a charge having equivalent effect, regardless of its nature or form (Joined cases 2/62 and 3/62, and Case 232/78). Parliament also calls on the other institutions to support co-regulation and voluntary agreements whenever possible, in accordance with the same principle of better law-making. Delivering Economic Benefits for Citizens and Businesses. Article 26 and Articles 28-37 of the Treaty on the Functioning of the European Union (TFEU). Parliament supports the need for stronger cooperation between EU and national authorities in order to improve the quality of EU legislation and to identify legislation in need of simplification or codification. Article 36 - Access to services of general economic interest The Union recognises and respects access to services of general economic interest as provided for in national laws and practices, in accordance with the Treaties, in order to promote the social and territorial cohesion of the Union. Harmonisation must be restricted to essential requirements, and is justified when national rules cannot be considered equivalent and create restrictions. (ex Article 36 TEC) The provisions of the Chapter relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the European Parliament and the Council within the framework of Article 43(2) and in accordance with the procedure laid down therein, account being taken of the objectives set out in Article 39. As a consequence, even in the absence of European harmonisation measures (secondary EU legislation), Member States are obliged to allow goods that are legally produced and marketed in other Member States to circulate and to be placed on their markets. Mark; Abstract The UK authorities claim these steps are justified as a matter of the protection of health and safety and consumer protection under Article 36 TFEU. Finally, Article 36 TFEU allows Member States to apply rules prohibited under article 34 provided they are justified on the grounds of public morality, public policy, public security, protection of health and life of humans, animals or plants, protection of national treasures possessing artistic historic or archaeological value, or protection of industrial and commercial property, and as long as the measures do not … (ex Article 41 TEC) Article 48. The right to the free movement of goods originating in Member States, and of goods from third countries which are in free circulation in the Member States, is one of the fundamental principles of the Treaty (Article 28 of the TFEU). Such coordination and common action helped tackle the pandemic by enabling the movement of essential goods and medical supplies and equipment across Europe, notwithstanding the border restrictions imposed by the Member States[6]. The prosecutor agreed, but contended that the restriction was justifiable under Article 36 TFEU and the imperative of the protection of industrial and commercial property. Two fundamentally important provisions related to the European Union’s commitment to establishing an internal market are found in Articles 30 and 110 of the Treaty on the Functioning of the European Union (TFEU). 2019 Act reference this In-house law team... [ 36 ] Conclusion RIGHT. 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