How to push your business during a single market where over 450 Million folks have different cultures, languages and domestic rules?
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The EU manages the single market thus that any legitimate considerations of the Member States about certain types of product are taken absolutely into
account. These issues relate to general public interests, for example public health and safety, the surroundings and consumer protection.
Whether within the context of preparing new European legislation or examining domestic procedures adopted by the Member States, in a very responsible single market such issues are treated with respect and accorded the thought they deserve. It is a matter of finding the right balance between the first objective – securing the free movement of goods in order to maximise the advantages already described – and these different, competing interests and objectives.
Opposing interests and objectives.
Social and cultural attitudes may motivate Member States to introduce domestic measures, or take positions when adopting EU legislation, that have an adverse impact on the free movement of goods. Several Member States have taken direct action at domestic level, or argued fiercely at Community level, to limit the free movement of weapons, medicine, alcoholic beverages, gambling machines and pornographic material. As industrial, developed countries, all Member States additionally look for to safeguard public health, safety at work and on the roads, the surroundings and so on.
In evaluating the explanations for restrictive behaviour by Member States the principle of the free movement of products cannot be allowed to over ride their explicit sensitivities and credos. Rather, a careful assessment is made according to the need of the action taken or proposed by the Member State and of the proportionality of that action to the problem it’s meant to address.
A measured and reasonable response by a Member State to a true downside will not run different to Community rules promoting the free movement of goods. But, procedures allegedly taken to protect public health, for instance, however that are in truth geared toward promoting the interests of a domestic monopoly will be struck down.
The preventive notion.
The free movement of products might conjointly be inhibited where previously unknown risks suddenly emerge associated with a given product. EU community law recognises the precautionary theory, in accordance with that action could be taken to shield against potential danger to humans, animals, plants or the atmosphere where early scientific analysis suggests there could be a risk.
The European union Commission might be guided by the protective principle in making ready proposals for legislation and Member States could invoke the principle in support of domestic procedures taken.
As often, the matter is how to strike the right balance between the needs to guard important public interests and to discourage unjustified recourse to the deterrent theory particularly where it might cover protectionist motives. But in cases involving the preventive principle, this balancing act is complicated by the actual fact that scientific evaluation does not result in the level of risk being accurately determined.
International trade
The same public interests and social considerations that influence how freely product may circulate within the EU also confirm the extent to that merchandise made in third countries might reach the outside borders of the EU and enter into such ‘free circulation’.
Additionally, there are procedures preventing the ‘dumping’ of goods and the importation of subsidised goods that would have a detrimental effect on European business and jeopardise jobs and growth.
The EU conjointly makes a big effort to ‘export’ its social values and standards in relation to the assembly of goods, both to assist produce a ‘level playing field’ for European business in the international marketplace and to make sure high standards of safety and quality of foreign merchandise possible to look in the one market.
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