scholarly journals Analysis of the influence of actual changes in the European legislation transposition on conformity assessment methodologies for wooden non-structural products

Author(s):  
Josef Polášek ◽  
Marek Polášek ◽  
Petr Mitáček

Conformity Assessment of construction products is in accordance with EU concepts enabling free movement of goods within member states. The construction products (i.e. also construction product based on wood) which are liable to conformity assessment are listed in the Governmental Decree No. 312/2005 Coll. and Governmental Decree No. 190/2002 Coll. (technical requirements for construction products with CE marking). The European harmonised standards (both issued and prepared) have immediate influence on methodologies of Conformity Assessment. Methodologies and requirements on products during this process implicate also requirements on Notified Bodies and producers. The aim of the first stage of the research was to analyse the present state in this field and relations taking place during preparation and implementations of harmonised standards.

Author(s):  
Marcus Klamert ◽  
Maria Moustakali ◽  
Jonathan Tomkin

Chapter 3 of the Title on the free movement of goods is devoted to the prohibition of quantitative restrictions and measures having equivalent effect. The provisions prohibiting quantitative restrictions initially appeared under Articles 30 to 37 EEC. They were renumbered as Articles 28 to 31 EC by the ToA and now appear under Articles 34 to 37 of the TFEU. The substance of the provisions has remained unchanged since their first appearance in the EEC Treaty.


Author(s):  
Timothy Lyons QC

Until the ratification of the Treaty of Amsterdam in 1997, the EC Treaty, as it then was, had dealt with the customs union in Articles 9 to 29 which constituted Chapter 1 of Title 1 and was devoted to free movement of goods. Many of the provisions dealt with the staged reduction of duties on imports between Member States and with the procedure by which a common customs tariff was to be established. As the customs union was created on 1 July 1968, by 1997 rationalization of the customs duty provisions in the EC Treaty was clearly long overdue. It was achieved by the Treaty of Amsterdam which ensured that the EC Treaty dealt with the main elements of the customs union in just five articles, Articles 23 to 27. These now appear in the Treaty on the Functioning of the European Union (TFEU) in Articles 28 to 32. Articles 30 to 32 constitute Chapter 1 of Title II on the free movement of goods. Article 30 provides that customs duties on imports and exports, and charges having equivalent effect, are prohibited between Member States together with customs duties of a fiscal nature. Article 31 states that the common customs


2021 ◽  
Vol 25 (1) ◽  
pp. 63-83
Author(s):  
Adam A. Ambroziak ◽  

The COVID-19 pandemic has been an extraordinary event for the EU Member States and a period wherein EU legislation and the efficiency of EU institutions have been put to the test. The crisis triggered by the decisions made by governments in Europe (which were motivated by their wishes to protect the health and lives of their peoples and to satisfy the rapid demand for drugs, personal protective equipment, and medical devices) disrupted market forces. Although most of these measures were based on both domestic and EU legislation, they seriously hindered the smooth functioning of the EU Single Market, including the free movement of goods. This paper aims to find out whether EU legislation succeeded in coping with the challenges triggered by COVID-19 in the field of international trade and whether measures taken by the European Commission with a view to complying with the rules of the EU Single Market adequately took care of the needs stemming from the COVID-19 outbreak and whether it properly tackled protectionist instruments adopted by the Member States. We have focused on international trade and the free movement of goods within the EU as they both constitute the cornerstone of EU economic integration. We found that although EU legislation was not tailored specifically for the times of a COVID-19 pandemic, in the area of international trade (including intra-EU trade), as well as in the field of placing goods on the market, it provided extraordinary solutions. Apparently, the explanations and guidelines provided by the Commission have limited the scope of individual protectionist and interventionist actions of the Member States.


Author(s):  
Winfried Tilmann

CONSIDERING that cooperation amongst the Member States of the European Union in the field of patents contributes significantly to the integration process in Europe, in particular to the establishment of an internal market within the European Union characterised by the free movement of goods and services and the creation of a system ensuring that competition in the internal market is not distorted;


2000 ◽  
Vol 49 (1) ◽  
pp. 234-241
Author(s):  
Michael Michael ◽  
David McIntyre

One of the major activities of the European Community for achieving its objectives is to establish an internal market characterised by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital.1


2017 ◽  
Vol 45 (1) ◽  
pp. 21
Author(s):  
Jasna Stojanović ◽  
Vidosav D Majstorović

Conformity assessment activities facilitate market acceptance for manufacturers, importers, exporters and traders by providing confidence that applicable requirements are being met. There is no trade without conformity assessment. There is no competitive market without standards. There is no free movement of goods without harmonisation of requirements and mutual recognition. This article presents state of the art of conformity assessment and tries to look for the future challenges of development of conformity assessment and accreditation. It is still the crucial point that market players develop a common understanding of the requirements that have to be fulfilled. On markets where free movement of goods and services is possible, another challenge is how to obtain the maximum benefits from harmonisation of standards and accredited conformity assessment activities.


Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa

This chapter examines the creation of the customs union to ensure free movement of goods within the European Union, discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), and considers the prohibition on customs duties and on discriminatory taxation. It explains that the prohibition on discriminatory taxation serves to prevent Member States from circumventing the prohibition on customs duties by discriminating against imports via their internal taxation system. The chapter also highlights criticisms of the Court of Justice’s (CJ) approach to customs duties and measures having an equivalent effect.


2020 ◽  
pp. 90-120
Author(s):  
Matthew J. Homewood

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.


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