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The EU manages the single market so that any legitimate concerns of the Member States about bound varieties of product are taken fully into
account. These concerns relate to general public interests, for instance public health and safety, the atmosphere and shopper protection.
Whether in the context of getting ready new European laws or examining domestic procedures adopted by the Member States, in a very responsible single market such concerns are treated with respect and accorded the consideration they deserve. It’s a matter of finding the proper 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.
Challenging interests and purposes.
Social and cultural attitudes may encourage Member States to set up domestic measures, or take positions when adopting EU laws, that have an adverse result on the free movement of goods. Several Member States have taken direct action at national level, or argued fiercely at Community level, to restrict the free movement of weapons, drugs, alcoholic beverages, gambling machines and pornographic material. As industrial, developed countries, all Member States additionally request to safeguard public health, safety at work and on the roads, the atmosphere and therefore on.
In evaluating the explanations for preventive behaviour by Member States the principle of the free movement of goods can not be allowed to over ride their explicit sensitivities and credos. Somewhat, a careful assessment is made according to the necessity of the action taken or proposed by the Member State and of the proportionality of that action to the problem it’s supposed to deal with.
A measured and reasonable response by a Member State to a real problem can not run contrary to Community regulations promoting the free movement of goods. However, procedures supposedly taken to shield public health, for example, however that are in reality aimed at promoting the interests of a domestic monopoly will be struck down.
The precautionary attitude.
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 deterrent theory, in accordance with that action may 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 defensive tenet in making ready proposals for laws and Member States could invoke the principle in support of national measures taken.
As always, the problem is how to strike the correct balance between the needs to safeguard important public interests and to discourage unjustified recourse to the preventive theory especially where it could cover protectionist motives. But in cases involving the deterrent principle, this harmonizing act is difficult by the very fact that scientific analysis will not cause the amount of risk being correctly determined.
International trade
The same public interests and social issues that influence how freely goods might flow into within the EU also determine the extent to which merchandise made in third countries may traverse the external boundaries of the EU and enter into such ‘free circulation’.
Additionally, there are procedures preventing the ‘dumping’ of products and therefore the importation of subsidised merchandise that would have a detrimental impact on European business and jeopardise jobs and growth.
The EU also makes a massive effort to ‘export’ its social values and standards in relation to the assembly of products, each to help produce a ‘level enjoying field’ for European business within the international marketplace and to confirm high standards of safety and quality of foreign goods seemingly to look in the single market.
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