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Commission acts to ensure that European legislation is properly implemented Publié le: 25/06/2012, Dernière mise à jour: 29/06/2012

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The internal market for goods is one of the EU's most important and continuing priorities aiming to create a user-friendly environment for businesses and consumers.

The European Commission makes the internal market work better by removing existing barriers to trade and avoiding the creation of new ones. Therefore, the Commission is empowered to take legal action against a Member State that is not respecting its obligations under EU law. The Commission pays attention to any obstacles for entrepreneurs and publishes a monthly report on new infringement procedures, as Member States continue to impose barriers to the free movement of goods. In the field of industry policy, the following cases were published on 16 of June 2012:

Commission takes Germany to Court over barriers to trade in construction products

The European Commission has decided to refer Germany to the European Court of Justice for failing to respect EU rules governing the harmonisation of the marketing of construction products. The Commission has received numerous complaints from manufacturers and importers, who have had difficulties to sell their products on the German market. The reason has consistently been German requirements, that construction products must have additional national marks or approvals, despite the fact that they already have a CE–mark and are legally marketed in other Member States.

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Commission requests Belgium, Denmark, Finland, Luxemburg, Poland and United Kingdom to implement EU defence product rules 

The European Commission has also decided to request Belgium, Denmark, Finland, Luxemburg, Poland, and the United Kingdom to implement EU rules on defence products (Directive 2009/43/EC) into national law. The implementation deadline was 30th of June 2011. If the Directive is not implemented, defence entrepreneurs will be unable to benefit from the simplified procedures foreseen by the EU law. Companies will continue to face burdensome licensing procedures and excessive paper work when transferring defence products to other EU Member States.

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Commission requests Finland to withdraw legislation on calibration of ships' tanks

The European Commission has requested Finland to comply with its obligations under EU law to repeal national legislation on the calibration of ships' tanks that implemented a Directive dating from 1971 (71/349/EEC). The deadline for Member States to repeal this legislation was 1 st of July 2011. The EU Treaty requires Member States to mutually recognise equivalent products legally marketed in one Member State. The eight metrology Directives are therefore no longer necessary to ensure the free movement of goods within the Single Market and simply impose an administrative burden on companies.

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Commission refers Spain to Court over heavy goods vehicle restrictions

Spain is being referred to the European Court of Justice by the European Commission as well, because imposes barriers to imports of heavy goods vehicles in breach of EU rules on the free movement of goods. In particular, Spanish authorities refuse to authorise for commercial use the first vehicle in road haulage operators' fleets, if it is more than five months old. The Commission considers that this Spanish requirement disregards the fact that these vehicles comply with European and/or national technical requirements, which make them technically fit for driving in the Member State of origin.

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