WRITTEN QUESTION E-3525/02 by Concepció Ferrer (PPE-DE) to the Commission. Obstacles to trade in the applicant countries.
Date: 2002-12-10
Institutions: European Parliament, Provisional data
Subjects: Central and Eastern Europe, EU Accession Treaty, accession to the European Union, application of EU law, free movement of goods, protective clause, single market, trade restriction

13.3.2004

EN

Official Journal of the European Union

C 65 E/15

(2004/C 65 E/015)

WRITTEN QUESTION E-3525/02

by Concepció Ferrer (PPE-DE) to the Commission

(10 December 2002)

Subject: Obstacles to trade in the applicant countries

In July 2002, the Spanish Secretary of State for Trade processed some 20 complaints from exporters
concerning trade obstacles caused by administrative and fiscal problems in the applicant countries. 48 % of
the complaints related to Poland and 28 % to the Czech Republic.

The sectors most affected were agri-foods, chemicals, pharmaceuticals,
furniture, footwear, building materials, capital equipment and automobile parts.

textiles, plastics, wood and

What action is the Commission taking or going to take with a view to preventing such obstacles to trade
from proliferating once enlargement has actually taken place?

Answer given by Mr Verheugen on behalf of the Commission

(30 January 2003)

The Commission considers the smooth functioning of the internal market from the first day of accession
of the new Member States as being of primary importance. In order to ensure that this will be the case,
intensive monitoring of commitments made under the relevant chapters of the acquis is already being
undertaken and will continue until the date of accession. In the event that major disruptions are deemed
likely, the Commission reserves the right to invoke the ‘safeguard clause’ announced by the Commission
on 9 October 2002 and now accepted by all parties. The safeguard clause in the accession treaty will allow
the Commission for a period of three years following accession, if it is considered necessary, to take
appropriate action to ensure the orderly implementation of Community law, particularly in areas such as
the Internal Market (including food safety) and Justice and Home Affairs. Decisions can be taken already
prior to accession.

Upon accession the administrative and informational architecture ensuring the free movement of goods in
the current Member States will become operational automatically. No transition periods have been
negotiated as regards the principles of mutual
the EC Treaty.
The obligations of new Member States to ensure the removal of all obstacles to the free movement of
goods will therefore be the same as those currently in place amongst the fifteen existing Members. These
obligations apply regardless of whether the goods concerned are covered by harmonised product
legislation or not. In the event of non-respect of these obligations, the Commission will examine the
possibility of infringement proceedings on the same basis as is currently the case in the Member States.

recognition and Articles 28-30 of

(2004/C 65 E/016)

WRITTEN QUESTION E-3539/02

by Chris Davies (ELDR) to the Commission

(11 December 2002)

Subject: Preferential-priced medicines illegally reimported into the EU

Is the Commission aware that significant quantities of not-for-profit medicines destined for African
countries are being illegally reimported back to the EU for sale at a higher price? If so, what measures are
in place to ensure that current customs controls at EU borders are being effectively implemented, and does
the Commission intend to introduce further additional measures to address this growing problem?