Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-09-03-Speech-2-216"
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"en.20020903.8.2-216"2
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". – The Commission would like to stress that solar thermal collectors and systems are not regulated at Community level. The EN standards applying to these products are voluntary standards. Any national regulations that require compliance with national standards and testing procedures if subsidies are to be granted must be assessed in the light of Articles 28-30 of the Treaty.
It follows from these articles, as interpreted by the Court of Justice, that the principle of mutual recognition applies not only to technical manufacturing specifications, but also to any testing procedures to which products may have been subjected in another Member State of the European Union or in a state that is a signatory to the agreement on the European Economic Area. This principle also applies to any certificates issued for products following these testing procedures. Here I refer to the judgment of 17 December 1981, concerning biological products. There is another judgment dated 28 January 1986 concerning type approval for woodworking machines. Then there is the judgment of 11 May 1989 known as the Bouchara judgment. The jurisprudence is consistent and clear.
This means that Member States may not needlessly require technical or chemical analyses or tests if the same analyses or tests have already been carried out in another Member State and the results are available or may be obtained on demand.
On the basis of the information which the honourable Member has provided, the Commission will launch an enquiry into this matter and, if necessary, will initiate proceedings against the states in question under Article 226 of the Treaty.
Should an infringement be established, the Commission would also examine what conclusions should be drawn in the light of Articles 87 and 88 of the Treaty."@en1
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