COUNCIL RESOLUTION of 7 December 1992 on making the Single Market work (92/C 334/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, as amended by the Single European Act,

Having regard to the reports of the Commission to the European Parliament and the Council concerning the implementation of the White Paper on completion of the Single Market,

Having regard to the Declaration on the Implementation of Community Law adopted by the Intergovernmental Conference on 7 February 1992 and attached to the Treaty on European Union,

Having regard to the conclusions on the suppression of border controls, adopted by the Council on 14 May 1992,

Whereas the Single Market is to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty;

Whereas this Resolution is intended to promote further consideration of the practical steps to be taken in making the Single Market work;

Whereas the Community is to develop and pursue actions leading to the strengthening of its economic and social cohesion;

Whereas the conclusions of the Lisbon European Council in June 1992 recognized that increased attention needed to be paid to ensuring that the Single Market would work fairly and effectively in the post-1992 era;

Whereas the same European Council invited relevant institutions to take the necessary steps, before 1 January 1993, to ensure this objective, building on the work already undertaken by the Commission and the Council in this area;

Whereas the provisions of the Treaty should be implemented in a timely manner;

Whereas the mechanisms for enforcement of individual Community measures and redress mechanisms should take into account the specific needs of each sector;

Whereas it is desirable that enforcement officials and agencies in Member States communicate directly with each other on matters of mutual interest and concern, and recognizing that the exchange programme for enforcement officials will assist in this process;

Whereas there is an urgent need to strengthen the transnational telematic and other communication and information networks consequent upon the abolition of border controls and to analyse the need for the creation of additional transnational telematic networks to ensure the effective enforcement of Single Market legislation;

Whereas consumers and economic operators need to be assured that they can benefit fully and fairly from the Single Market, that problems are speedily resolved and that an effective and coherent response, on the basis of agreed criteria, can be obtained by those entitled to it;

Whereas problems which arise which prevent the smooth operation of Single Market measures need to be dealt with swiftly and effectively;

Whereas, in applying Single Market legislation, account should be taken of the need to avoid undue burdens on enforcement authorities and agencies in Member States;

1. underlines its determination that the Single Market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty;

2. underlines its determination that the Single Market shall work effectively to the benefit of all Community citizens, ensuring that the four freedoms are fulfilled, thereby benefiting consumers through a greater choice of high quality goods and services and improving the competitiveness of Community enterprises, including small and medium-sized enterprises;

3. welcomes the initiative of the Commission in setting up a high level group, under the Chairmanship of Mr Peter Sutherland, to report on the operation of the Single Market, and the Commission's intention to inform the European Parliament and the Council of its response to the recommendations of this Group in time for the Edinburgh European Council, and undertakes to examine speedily the Commission's communication on this Report;

4. stresses that for the benefits of the Single Market to be realized, it is essential that Member States fully transpose and enforce Single Market measures in a clear, accurate and timely manner;

5. underlines the importance of enhancing the close partnership between Member States, and between Member States and the Commission, and the need to work together in a spirit of mutual respect and cooperation to fulfil all Single Market obligations.

INVITES THE COMMISSION

6. to exercise the powers of implementation conferred on it and to submit any further proposals necessary to ensure the completion of the Single Market;

7. to propose by the end of January 1993 any practical arrangements to help ensure the smooth running of the Single Market, and to take, if appropriate, by the end of March 1993, any initiatives to this end;

8. to produce an annual report on the operation of the Single Market for the European Parliament and the Council, commenting on both progress made and difficulties encountered, with a view to evaluating the functioning of the Single Market;

9. to continue to provide regular reports to the Council on Member States' implementation, until all measures have been fully implemented in all Member States in which they apply, and to ensure that, where supplementary rules and definitions are required at Community level in order to transpose Community measures, they are produced in good time;

10. during 1996, to provide an overall analysis of the effectiveness of measures taken in creating the Single Market, taking particular account of their impact on the aims of promoting throughout the Community a harmonious and balanced development of economic activities, sustainable and non-inflationary growth respecting the environment, a high degree of convergence of economic performance, a high level of employment and of social protection, the raising of the standard of living and quality of life, and economic and social cohesion, and solidarity among Member States. This analysis could, in addition, consider the impact on improving the competitiveness of European business in world markets;

11. in accordance with its offer made at the Birmingham European Council, to consult, wherever possible, more widely before proposing new legislation for the Single Market, which could include consultation with all the Member States and more systematic use of consultation documents (Green Papers);

12. to keep under close examination the enforcement of all Single Market legislation, in order to ensure balanced progress in all the sectors concerned. In this context, attention should be paid to those fields in which there are particular difficulties.

INVITES MEMBER STATES AND THE COMMISSION

13. to continue to support regular contact and cooperation between national officials, and between national officials and those in the Commission who are responsible for policy on specific aspects of Single Market legislation, to help ensure understanding and enforcement of legislation;

14. to consider, in the light of the removal of frontier controls as foreseen by Article 8a of the Treaty, the need for strengthened cooperation to solve any practical problems which may arise;

15. to encourage and facilitate effective communication and good cooperation between Member States and also with the Commission with a view to clarifying issues and resolving practical problems in the practical operation of the Single Market, thereby benefiting both administrations and economic operators, without prejudice to the responsibilities of the Commission notably in pursuing breaches of Community law and their resolution;

16. to help accelerate the formulation of European standards and, where necessary, to encourage mutual recognition agreements between private testing laboratories and certification and accreditation bodies in the Community, within the framework provided by the European Organization for Testing and Certification, to help remove barriers to the free movement of goods;

17. to increase the clarity, comprehensibility and consistency of existing and new Community legislation by more consolidation and codification, in order to make information more accessible to consumers and to economic operators;

18. to ensure the provision to consumers and economic operators of information on existing and proposed Single Market measures, including making widely available information about national transposition of such measures, their enforcement and redress;

19. to encourage business groupings and consumer bodies to improve cross-border cooperation and to help in identifying areas of difficulty in the working of the Single Market.

UNDERTAKES

20. to consider as a matter of priority the appropriate initiatives which the Commission may decide to take with the aim of ensuring the smooth running of the Single Market, including, inter alia, the Commission's expected communication on the Sutherland report, and to take stock in the first half of 1993 of progress made in following up this Resolution;

21. to discuss annually the working of the internal market, considering closely and constructively any problem areas which prevent the effective operation of the Single Market;

22. to consider carefully, where barriers are identified which effectively prevent the operation of the Single Market, the best means of removing them, and to ensure that any action at Community level is proper and necessary;

23. when considering Commission proposals, including those arising from agreed reviews of existing legislation, to consider carefully how to ensure the clarity, comprehensibility and consistency of Community legislation;

24. to work in partnership with all Community institutions and Member States to ensure the Single Market works effectively, and to act speedily if new barriers are found which could jeopardize its operation.