What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States.

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                         The Single European Market – Outcome 2, Suzanne K Menzies.                                  

Suzanne K. Menzies.

Outcome 2.

Tutor: Michelle Semple.

Contents.

Introduction………………………………………………………………………………..  3

Part 1 - ……………………………………………………………………………………… 4 - 8

What barriers must be removed in the European Union

to ensure the free movement of goods? Explain how

this will help trade between member States.

Part 2 - ……………………………………………………………………………………..  9 - 12

How has the standardisation of fiscal policy

helped establish the single market?

Part 3 - ……………………………………………………………………..……………..  13 - 17

Explain how the European Social Policy has

attempted to ensure citizens can work and provide

services in a Member State within the European Union.

Part 4 - ……………………………………………………………………………………… 18 - 20

What restrictions do exist within the European Union,

with regards to the free movement concept

of the Single European Market?

Conclusion………………………………………………………………………………….. 21

Appendix         1…………………………………………………………………………….  22

                     2…………………………………………………………………………….  23

                 3…………………………………………………………………………….  24

        4…………………………………………………………………………….  25

        5…………………………………………………………………………….  26

        6…………………………………………………………………………….  27

Bibliography………………………………………………………………………………… 28

Introduction.

The framework for European integration, in respect of a single market, originated as the Four Freedoms, (: Goods, Services, People and Capital), enshrined in the Treaty of Rome. The initial six Member States, (: Belgium, the Netherlands, Luxembourg, France, Germany and Italy), began what has become a continuous challenge in the development of the single market. The venture: to completely harmonise the laws of Member States and adopting detailed legislation, has proved to be a process of great complexity due to the scope of certain policy areas. Through the abolition of any restricting laws, whether they may be barriers or tariffs, in order of achieving a large market base that is efficient.

In this report I am going to look at the barriers that must be removed to ensure the free movement of goods and how the standardisation off fiscal policy has aided the establishment of Europe's single market. Also I am going to give some degree of understanding as to how the European Social Policy has given citizens the right to both work and provide services in another Member State. Finally, I will state the restrictions that exist in relation to the free movement concept of the European Union.

Part 1.

What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States.

The free movement of goods was arguably one of the primary purpose for the creation if the European Union.

Without restricting measures in place: whether in the form of barriers or tariffs, the abolition of restricting laws, enables and assists trade between Member States. This can only be beneficial to each Member State’s economy. So as not to encourage illegal practises, a single market needs to have adequate legislation in place that will not impede the free movement of goods. The core momentum therefore, of the single market programme was to dismantle and eradicate all barriers to trade.

Initially, the free movement of goods was concerned with the abolition of customs duties, quantative restrictions on trade and all equivalent measures, with the establishment of a common external tariff for Europe's internal market. As a direct result of Member State's changing needs and requirements to further harmonise national legislation, the emphasis for the free movement of goods laid on eradicating all remaining obstacles to the free movement of goods. Moving into an improved market where goods could move just as freely as within a national market, i.e. without the presence of internal frontiers.

The first legislative form of economic cohesion came in the form of Articles 28 and 29. These legal measures aimed to eliminate any national barriers to the free movement of goods. The extent of this legislation covers physical trade barriers, (for example: imposed formalities at the frontiers of Member States) to less obvious restrictions such as a Government-sponsored campaign in the favour of home produced goods. Articles 28 and 29 therefore can challenge national laws of Member States. If reservations about laws of any Member State come into question, then where uncertainties lie, Community Law will always prevail.

Article 28 prohibits quantative restrictions and all measures having equivalent effect with regards to IMPORTS.

Article 29 has similar prohibition to that of Article 28, regarding EXPORTS.

By means of justification under Articles 28 and 29, Member states have this option under Article 30 or to argue that there impediment is indeed a Mandatory Requirement. (See Later - Part 4, pg 18).


Quantative Restrictions.

These are the obvious restrictions that amount to a total or partial ban of imports, exports or goods in transit: i.e. all national laws that block the free movement of goods. For example: where a Member State bans all imports of a good where a quota system, either obvious or hidden, is used to block free movement.

* See Appendix 1 – Walter Rau v. De Smedt.

There are three main barriers that exist to free movement of goods.

These are:

Physical – i.e. the movement of goods, (and individuals), across Member     State borders.

Technical - i.e. restrictions on the free movement of labour and restrictive public procurement practices.

Fiscal – i.e. Value added and excise taxes.

Physical Barriers.

These are customs formalities at national frontiers. They often entail the completion of forms and checks to ensure that products/ services are adherent to national indirect taxation systems. These measures act as barriers to trade and can often discourage companies from exporting goods due to the quantity of paperwork. However, removal of physical barriers is dependent on the removal of both technical and fiscal barriers.

Physical barriers often amount to a Measure Having Equivalent Effect to Quantative Restrictions, (MEQRs). These are the devious, subtle ways of restricting trade. They are measures that are harder to pin down and make a distinction between a domestically produced good and an imported good; thus treating imported goods less favourably.

A prominent case in this field of EU legislation is Dassonville, where Belgium national laws required importers of Scotch whiskey to hold a certificate of authenticity; issued from British Customs. However, the importation came from France where no such certificate had to be held. Therefore, the European Court of Justice held that this Belgium law was a measure amounting to an MEQR.

   * See Appendix 2 – Procureur Du Roi v. Dassonville.

Technical barriers.

According to Healey (1995), this is the post prevalent impediment to the free circulation of goods in the European Union. It relates to differences in health and safety rules and laws, which govern technical product specifications.


Therefore, this acts as a barrier as producers are often deterred into entering another market, as they have to consider either adapting or retesting products. Companies, as a result, often forsake opportunities of export as it involves high production costs to enter into a market, where there is increased competition.

Technical barriers to trade include: public procurement, customs & fiscal formalities at frontiers, industrial property rights, capital market liberalisation and currency management costs.

A case brought to the European Court of Justice (ECJ) in relation to technical barriers, was concerning public procurement. The case was the Commission v. Ireland and initiated from a local authority in Dundalk who claimed that they were merely observing diligence that was really a devious practice of favouring home produced products over those imported. The contract for the town’s water supply, stipulated that the pipes used must be asbestos cement pipes and should conform to Irish Standard 188: 1975. An interested firm was strictly told that a tender based on the use of Spanish pipes would not be acceptable to the awarding authority, despite the Spanish pipes being completely compatible with Irish Standard requirements.  The ECJ held that this was indeed a breach of Article 28 as they were reliant on national traditions, not the quality of the goods.

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Fiscal Barriers.

Within the single market, differences in national taxation systems of Member States can often cause price distortions. The single market has seen the abolition of customs and fiscal frontiers, as checks on goods at internal borders have ended, customs officers, tax inspectors and vetinary inspectors have also disappeared from internal border posts, (although random checks are still carried out at some border crossings so not to encourage illegal practices).

Intra-tariffs at internal borders has been abolished and a common-external tariff, (on goods entering the EU from non-Member States), was established.

The destination principle, in ...

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