WRITTEN QUESTION No. 3433/98 by Jaime VALDIVIELSO DE CUÉ to the Commission. Free movement of goods
Date: 1998-11-24
Institutions: European Parliament, VALDIVIELSO DE CUE
Subjects: EC conformity marking, Spain, approximation of laws, free movement of goods, infringement procedure (EU), intra-EU trade, jewellery and goldsmith's articles, marketing, product quality, production control

21.7.1999

EN

Official Journal of the European Communities

C 207/69

(1999/C 207/089)

WRITTEN QUESTION E-3431/98

by Jaime Valdivielso de Cué (PPE) to the Commission

(24 November 1998)

Subject: Free movement of goods

The jewellery trade is overwhelmingly dominated by family-run SMEs which in principle enjoy support and
incentives from the EU. In Spain, some 200 000 people are employed in the jewellery trade. As a result of the
variations in legal standards amongst the Member States, intra-Community trade in articles of jewellery such as
luxury watches and articles crafted from precious metals proves impossible. The inspections (i.e. hallmarking)
conducted in the country of destination causes considerable damage to the articles, thus making their
subsequent marketing impossible. What is more, in the case of Spain, inspections will already have been
carried out by state bodies in accordance with the corresponding Spanish legislation.

What specific measures is the Commission drawing up to put a stop to this situation, which contravenes one of
the European Union’s underlying principles?

(1999/C 207/090)

WRITTEN QUESTION E-3432/98

by Jaime Valdivielso de Cué (PPE) to the Commission

(24 November 1998)

Subject: Free movement of goods

No Community directive exists to harmonise the manufacture and marketing of articles containing precious
metals in the jewellery trade. Some Member States are drawing on their domestic regulations to obstruct the
marketing of Spanish goods by making them undergo inspection (i.e. hallmarking) on entry into their
countries. On the one hand, this practice presents Spanish manufacturers whose goods have already
undergone inspection in independent laboratories, as required by Spanish legislation, with additional costs.
On the other hand, they find it impossible to export a considerable amount of their products (articles crafted
from precious metals, luxury watches and so forth) as a result of the irreparable damage caused when such
inspections are carried out on finished products.

What specific measures is the Commission drawing up to harmonise legislation in the Member States and do
away with such practices?

(1999/C 207/091)

WRITTEN QUESTION E-3433/98

by Jaime Valdivielso de Cué (PPE) to the Commission

(24 November 1998)

Subject: Free movement of goods

In the absence of a specific Community directive relating to the jewellery trade in the EU, some countries are
taking advantage of the lack of applicable legislation and using their domestic regulations to obstruct the
marketing of products amongst EU Member States.

To what extent can the absence of a specific Community directive be used as grounds for flouting the
principles of the Treaties establishing the Communities, such as the free movement of goods?

Joint answer
to Written Questions E-3431/98, E-3432/98 and E-3433/98
given by Mr Monti on behalf of the Commission

(29 January 1999)

As the Commission mentioned in its answer to Written Question E-3158/98 by Mrs Ferrer (1), several actions
have already been launched in order to ensure compliance with the principle of free movement of goods in the
jewellery trade.