scholarly journals STATE OF THE ART OF CONFORMITY ASSESSMENT – INTERNATIONAL REGULATIONS

2017 ◽  
Vol 45 (1) ◽  
pp. 21
Author(s):  
Jasna Stojanović ◽  
Vidosav D Majstorović
Keyword(s):  
State Of The Art ◽  
Mutual Recognition ◽  
Conformity Assessment ◽  
Free Movement ◽  
Goods And Services ◽  
International Regulations ◽  
Future Challenges ◽  
Free Movement Of Goods ◽  
Common Understanding ◽  
Assessment Activities

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.

10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect

2021 ◽  
pp. 322-362
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Technical Standards ◽  
Equivalent Effect ◽  
Standards And Regulations ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the non-pecuniary obstacles to the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; Case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and ‘mandatory requirements’; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

Article 197 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Mutual Recognition ◽  
Legal Framework ◽  
Direct Application ◽  
Free Movement ◽  
Eu Law ◽  
Specific Mechanism ◽  
Public Authorities ◽  
Free Movement Of Goods ◽  
The Many ◽  
The Eu

The effectiveness of the many rights and obligations under EU law rests on a legal framework consisting of direct application of Treaty rules, harmonized European rules, national rules, and mutual recognition, and the task of implementing and ensuring compliance with these rules lies, in practice, with a large number of public authorities in the twenty-eight MS. In order to carry out this task, MS’ authorities need to cooperate closely, meaning that administrative cooperation is not only desirable but is required by the very nature of the EU. In the context of the free movement of goods, many circulation regimes are accompanied by their own specific mechanism of administrative cooperation.

One and Triune – Mutual Recognition and the Circulation of Goods in the EU

2020 ◽  
Vol 13 (3) ◽  
pp. 7-35
Author(s):  
Luca De Lucia
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Free Movement Of Goods ◽  
The Eu

This article deals with mutual recognition in relation to the free movement of goods and aims to demonstrate that, as a result of harmonisation policies, this principle is not unitary in its design. Focusing in particular on the role of national authorities (or that of other bodies that carry out this same function), it examines three models through which mutual recognition operates. These models are: a) mutual recognition under the Treaty (the European legislator has laid down three different regulations over the years to facilitate the functioning of this mechanism); b) transnational administrative authorisations; c) conformity assessments and certifications of conformity issued by notified bodies. This article first highlights how these models protect the free circulation of goods to varying extents and how they are aimed at coordinating different forms of pluralism: regulatory, administrative and that of the market. Two legislative developments regarding this subject are then briefly discussed. Finally, after having mentioned some consequences of the harmonisation legislation on the principle of mutual recognition, some observations are made about possible research developments in this matter.

Pan-African Aspirations Drive a New Free Trade Pact

2019 ◽  
Vol 118 (808) ◽  
pp. 188-193
Author(s):  
Christopher Changwe Nshimbi
Keyword(s):  
Free Trade ◽  
Free Movement ◽  
Goods And Services ◽  
Pan African ◽  
Free Movement Of Goods

Ideally, the free movement of goods and services should coexist with the free movement of people.

scholarly journals Pirkuma līguma objekta izpratne jauno patērētāju pirkuma direktīvu gaismā

2021 ◽  
pp. 11-27
Author(s):  
Jānis Kārkliņš ◽  
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Goods And Services ◽  
Rights Protection ◽  
The Subject ◽  
Free Movement Of Goods ◽  
Special Rules ◽  
High Level ◽  
New Consumer

One of the objectives of the European Union is to create an internal market in which the free movement of goods and services is ensured. At the same time, by ensuring the free movement of goods and services, the European Union has a duty to promote a high level of consumer protection. In order to achieve both of these goals at the same time, the European Union has adopted, among other things, a significant number of directives, which the Latvian legislator has mostly transposed into the Consumer Rights Protection Law. Nevertheless, the development of digital technologies has made it necessary to lay down special rules in the event that the subject of the contract contains digital elements. Taking into account the above, this article provides analysis of the content of the new consumer sales directives (2019/770, 2019/771), their implementa­tion as much as possible in connection with the existing Latvian legal system, as well as views some legal issues related to the implementation of directives in Latvia.

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

2006 ◽  
Vol 54 (2) ◽  
pp. 161-170
Author(s):  
Josef Polášek ◽  
Marek Polášek ◽  
Petr Mitáček
Keyword(s):  
Present State ◽  
Conformity Assessment ◽  
Free Movement ◽  
Member States ◽  
European Legislation ◽  
Technical Requirements ◽  
Construction Products ◽  
Free Movement Of Goods ◽  
Construction Product

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.

10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Technical Standards ◽  
Equivalent Effect ◽  
Standards And Regulations ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter reviews the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 of the TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and “mandatory requirements”; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

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