Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-02-19-Speech-2-029"
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"en.20080219.5.2-029"2
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"Ladies and gentlemen, unlike many other economic disciplines, marketing is a true science and as such it has its own definite laws and rules, which remain the same regardless of those involved in them. Among these rules is the definite technical specification of the product, the emphasis on finding specific distinctions between similar products and the effort to protect in clearly specified circumstances the geographical indication. The latter, however, usually does not have anything in common with the technical parameters of the product. One of the aspects of the single market is the effort to avoid limiting the sale of products in another state’s territory by imposing non-tariff barriers, such as quantitative restrictions, the obligation to repeat certification in each country, non-recognition of patents, specific packaging and labelling requirements of products outside common market customs, etc.
A first step, which could help to eliminate confusion or perhaps even artificial barriers to the free movement of goods, is raising awareness. I therefore welcome the effort to establish in individual states one or more Product Contact Points. Their main task will be to provide information on the technical rules in use in other Member States.
The proposal further focuses on the burden of proof. In this context it deals, too, with a technical procedure, which can result in denying a product access to the market in another Member State, in spite of the fact that it is legally marketed in another country or in the Member State of origin. The procedure as a whole relies on improving dialogue between the competent authorities of individual Member States. More effective communication is the main element involved in preventing risks connected to a ban on the sale of a product in the market of destination.
The difficulty with the otherwise commendable initiative is the attempt to cover an entire range of products in the Directive. It would be naive to assume that a similar or even identical approach can be applied to industrial products, for example cars, and to clothes, shoes and food products. While fully in favour of a unified approach, I am convinced that for individual products specific approaches will have to be maintained. I do not foresee any difficulties arising in the harmonised field, but rather in the case of products where the requirements have not been harmonised, in other words outside the harmonised field of products.
The regulation sets a 20-day deadline for economic operators to reply to decisions of the competent national authorities, based on the so-called public interest, which requires a product to be withdrawn from the market or to be banned or in some cases for changes to be made before the product is allowed onto the market. A positive aspect of the proposal is the emphasis on the possibility of a review of decisions by the national judicial authorities. In my opinion, the only unclear aspect of the proposal, which I support in its entirety, is the reference to the Treaty. For example, Article 5.2 of the financial statement is entitled ‘Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy’. If the proposal refers to the Lisbon Treaty, I would consider this to be inappropriate since ratification of the Lisbon Treaty has only begun.
In conclusion, I would like to state that, in my opinion, the regulation will help to tackle the issue of constant duplication of tests and certificates, which arises because one country considers the certificates issued by another authority to be insufficient. In the past, as a representative of an export company, I experienced these difficulties on the ground and I believe that the proposal in question will help to remedy them."@en1
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