The principle of free movement of goods within the European Union's internal market involves removing trade barriers among member states. This includes tariff restrictions, i.e. various customs duties and quantitative restrictions on import and export.
Goods that have already legally entered the internal market of the European Union can typically move freely on the internal market.
Mutual recognition of requirements
The principle of mutual recognition is a key aspect of the free movement of goods in the European Union.
Accordingly, the member states of the European Union must allow the free entry of a product legally marketed in another member state, even if the destination country has different requirements.
In the European Commission, the Directorate General for Internal Market, Industry, Entrepreneurship and SMEs deals with mutual recognition in non-harmonised fields.
European Commission mutual recognition principals
Mutual recognition covers products that are:
- in free circulation in another member state;
- produced in the European Economic Area (EU and Iceland, Liechtenstein, Norway).
It excludes products that are:
- fully harmonised with European Union law;
- imported from third countries and have not been in free circulation in another member state.
Exceptions are allowed if justified:
- from the point of view of propriety, public order, or security;
- due to the protection of human, animal or plant life and health;
- to protect national wealth or industrial and commercial property of artistic, historical or archaeological value.
Provision of information in the field of technical regulations
Market participants and member states must be informed of planned trade barriers
The European Commission, member states, and companies can thus react better to the planned regulations, the introduction of which may harm the interests of the member states in the free movement of goods.
Anyone can join with a list of posts from the European Commission, members of which are sent summaries of new drafts in the field of interest. Directive 2015/1535 regulates a procedure for the provision of information in the field of technical regulations of the European Union.
In Estonia, the informing authority is the Ministry of Economic Affairs and Communications, whose e-mail address [email protected] can be contacted for information. Estonian enterprises can also contact the contact points of other member states for information.
Notification obligation in the WTO
If the technical regulation contained in the draft legislation significantly affects international trade, the notification procedure of the World Trade Organisation, which is stipulated in the Technical Barriers to Trade (TBT) Agreement, must also be passed. In such a case, the member state itself sends a notification to the WTO, but further correspondence takes place through the European Commission.
Last updated: 28.08.2023