Free movement in non-harmonised sectors

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Companies in the European Union benefit from easy access to the European Single Market and its nearly 500 million consumers thanks to common procedures, standards and rules between the countries. Some aspects however are still governed by non-harmonised national provisions. The free movement of goods principle helps to prevent that they lead to trade barriers in the internal market.

Free movement of goods: objective and limits

The free movement of goods has been a key element in creating and developing the internal market. This principle is laid down by Articles 28, 29 and 30 of the EC Treaty, preventing Member States from adopting and maintaining unjustified restrictions on intra-Community trade.

However, the scope of Article 28 EC is not unlimited. Selling arrangements and other marketing rules (e.g. opening hours for shops), which are indistinctly applicable to domestic and imported goods in principle, fall outside of its scope.

Moreover, the EC Treaty provisions do not preclude prohibitions justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants, or the protection of industrial and commercial property, as well as other mandatory requirements recognised by the Court of Justice (e.g. protection of the environment). Such prohibitions must, however, remain proportionate and must not amount to arbitrary discrimination or a disguised restriction on trade between Member States.

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Last update: 30/10/2009 | Top