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.

ACT

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Decision No 3052/95/EC is repealed and replaced by Regulation No 764/2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in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.

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.

See also

For further information, please consult the website of the European Commission's Directorate-General (DG) for Enterprise and Industry.

Last updated: 27.11.2008