Proposal for a Regulation of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision 3052/95/EC {SEC(2007) 112} {SEC(2007) 113}
Date: 2007-02-14
Institutions: European Commission
Subjects: EU law - national law, free movement of goods, market approval, single market, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.2.2007 
COM(2007) 36 final 

2007/0028 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

laying down procedures relating to the application of certain national technical rules to 
products lawfully marketed in another Member State and repealing Decision 
3052/95/EC 

(presented by the Commission) 

{SEC(2007) 112} 
{SEC(2007) 113} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The  Internal  Market  for  Goods  is  a  fundamental  element  of  European  Integration.  An 
integrated borderless market is the best way to enhance the competitiveness of the European 
economy.  A  better  functioning  Internal  Market  is  thus  a  critical  element  of  the  re-launched 
strategy  for  Jobs  and  Growth  to  enable  the  EU  to  compete  and  succeed  in  a  globalised 
economy, in which our main trading partners have large and unified markets.  

Articles 28 and 30 of the EC Treaty entail inter alia that Member States of destination cannot 
forbid the sale on their territories of products lawfully marketed in another Member State and 
which are not subject to Community harmonisation, unless the technical restrictions laid down 
by the Member State of destination are justified on the grounds described in Article 30 of the 
EC Treaty, or on the basis of overriding requirements of general public importance recognised 
by  the  Court  of  Justice's  case  law,  and  that  they  are  proportionate.  This  is  the  so-called 
"principle of mutual recognition" that results from an analysis of the case law of the Court of 
Justice  (see  the  famous  "Cassis  de  Dijon"-judgment  of  20  February  1979  and  the 
Communication from the Commission on this given by the Court of Justice on 20 February 
1979 in Case 120/78 (Cassis de Dijon), OJ C 256 of 3 October 1980. 

The implementation of the "principle of mutual recognition" under Articles 28 and 30 of the 
EC Treaty is hampered by several problems:  

(1) 

(2) 

(3) 

(4) 

The lack of awareness of enterprises and national authorities about the existence of the 
mutual recognition principle.  

The legal uncertainty about the scope of the principle and the burden of proof. Firstly, 
it is often unclear to which categories of product mutual recognition applies.  

The  risk  for  enterprises  that  their  products  will  not  get  access  to  the  market  of  the 
Member State of destination.  

The absence of regular dialogues between competent authorities in different Member 
States. 

In its Communication to the Council, the European Parliament, the European Economic and 
Social  Committee  and  the  Committee  of  the  Regions  on  the  Internal  Market  Strategy  for 
2003-2006  [COM(2003)238],  the  Commission  outlined  some  of  the  problems  related  to  the 
implementation  of  the  "mutual  recognition  principle"  in  the  non-harmonised  area  of  goods 
and indicated that the possibility of a new legislative instrument would be examined in order 
to ensure the free circulation of goods within the European Community. 

This  proposal  is  one  of  the  deliverables  of  the  Internal  Market  Strategy  for  2003-2006.  Its 
objective is to define the rights and obligations of, on the one hand, national authorities and, 
on  the  other,  enterprises  wishing  to  sell  in  a  Member  State  products  lawfully  marketed  in 
another  Member  State,  when  the  competent  authorities  intend  to  take  restrictive  measures 
about  the  product  in  accordance  with  national  technical  rules.  In  particular,  the  proposal 

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concentrates  on  the  burden  of  proof  by  setting  out  the  procedural  requirements  for  denying 
mutual recognition. Moreover, the proposal aims at reducing the risk for enterprises that their 
products will not get access to the market of the Member State of destination and at enhancing 
regular  dialogues  between  competent  authorities  by  establishing  one  or  several  "Product 
Contact Points" in each Member State. Their main task will consist of providing information 
on  technical  rules  on  products  to  enterprises  and  to  competent  authorities  in  other  Member 
States, as well as providing the contact details of the latter. That will allow public authorities 
to identify their colleagues in other Member States so that they can easily obtain information 
from, and start a dialogue with, the competent authorities in other Member States.  

•  General context 

The  combination  of  various  information  sources  (complaints  and  infringement  cases  under 
Article  226  EC  Treaty,  notifications  pursuant  to  Directive  98/34/EC,  surveys,  case  studies, 
literature  review  and  the  stakeholder  consultations)  indicates  that  many  problems  still 
surround the implementation of the "mutual recognition principle", specifically for technically 
complex products or products which can pose safety or health problems. The Commission has 
already  published  interpretative  communications  setting  out  how  mutual  recognition  should 
actually  work.  It  has  also  organized  conferences,  seminars  and  round  tables  to  raise  the 
awareness  of  businesses  and  national  authorities.  It  is,  however,  very  difficult  to  reach 
businesses  through  these  gatherings,  especially  when  these  events  are  organised  across 
different industrial sectors.  

Although current policy has succeeded in eliminating an overwhelming amount of technical 
barriers  without  harmonisation  measures  at  EC  level,  stakeholders  indicated  that  current 
policy has reached its limits or that it has come to a standstill. Furthermore, the functioning of 
the  mutual  recognition  principle  has  been  on  the  political  agenda  since  long.  The  Internal 
Market Council of March 1998 stressed the need for political attention to be directed towards 
the effective application of mutual recognition. It also underscored the direct responsibility of 
the  Member  States  in  this  matter.  The  Council  supported  the  Commission  by  adopting  a 
Council Resolution on mutual recognition on 28 October 1999.  

According  to  the  "Kok  report",  the  free  movement  of  goods  within  the  EU  continues  to  be 
hindered by a range of local rules, often applied arbitrarily and in clear contradiction to the 
mutual  recognition  principle.  The  report  suggests  that  such  obstacles  must  no  longer  be 
tolerated and that the Commission should treat the removal of these obstacles as a top political 
priority.  

The  results  of  the  public  consultation  on  the  future  of  the  Internal  Market  launched  by  the 
Commission  in  April  2006  [SEC(2006)1215  of  20.09.2006]  confirm  that  national  technical 
rules  still  constitute  important  barriers  to  free  trade  within  the  EU.  Respondents  argue  that 
national technical rules still lead to substantial obstacles to the free movement of goods within 
the EU, and that this causes extra administrative controls and tests.  

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

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2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The objective of the stakeholder consultation via the Commission's "Your Voice in Europe" 
Internet  site  was  to  canvass  the  opinion  of  Member  States,  businesses  and  consumer 
organisations on possible options for improving the functioning of mutual recognition in the 
field of products. 135 replies were received which seems to be the average number of replies 
for a consultation on a technical issue.  

The profile of respondents: representative organisations (22.7%), enterprises (19.7%), public 
bodies (13.6%) and consumers (31.1%). 

Summary of responses and how they have been taken into account 

According to the replies to the consultation with the stakeholders via the Commission's "Your 
Voice  in  Europe"  Internet  site,  the  Commission  should  do  more,  inter  alia,  to  improve  the 
functioning of mutual recognition in the non-harmonised area. About 60% of the respondents 
think that a legislative instrument is necessary whilst about 33% are of the opinion that it is 
not.  

The responses were used for selecting the policy options in the impact assessment. 

An  open  consultation  was  conducted  over  the  internet  from  17/02/2004  to  30/04/2004.  The 
Commission 
on 
received 
http://europa.eu.int/yourvoice/consultations. 

response(s). 

available 

results 

The 

135 

are 

•  Collection and use of expertise 

2There was no need for external expertise. 

•  Impact assessment 

– 

– 

Option 1: Status quo, i.e. to continue current policy ; 

Option  2:  a  non-regulatory  approach,  i.e.  to  complement  current  policy  with 
additional actions: the creation of a specific website with a list of products to which 
mutual recognition applies, a general screening by the Commission and the Member 
States  of  all  national  technical  rules  on  a  specific  category  of  products  and  the 
identification  of  national  authorities  responsible  for  these  rules,  the  systematic 
inclusion  of  the  final  text  of  all  technical  rules  notified  pursuant  to  Directive 
98/34/EC in the TRIS database, conferences and seminars organised in the Member 
States  and  targeted  at  enterprises  and  competent  authorities,  specific  publications 
explaining  mutual  recognition  for  specific  categories  of  products,  more  detailed 
"mutual  recognition  clauses"  and  administrative  cooperation  through  the  existing 
committees established by secondary EC legislation. 

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– 

– 

Option  3:  the  regulatory  approach,  i.e.  the  adoption  of  a  regulation  that  organises 
mutual  recognition  in  the  non-harmonised  field  of  products  and  which  establishes 
"Product  Contact  Points".  The  scope  of  the  regulation  would  consist  of  a  list  of 
products or aspects of products to which mutual recognition applies. It would define 
the rights and obligations of, on the one hand, national authorities and, on the other, 
enterprises wishing to sell in a Member State products lawfully marketed in another 
Member  State,  when  the  competent  authorities  intend  to  take  restrictive  measures 
about  the  product  in  accordance  with  national  technical  rules.  The  task  of  the 
"Product  Contact  Point(s)"  in  each  Member  State  would  consist  of  providing 
information on technical rules on products to enterprises and to competent authorities 
in other Member States, as well as providing the contact details of the latter.  

Option 4: a regulation accompanied by non-legislative actions: Option 4 is based on 
the regulation set out under option 3, with one major difference: instead of including 
a list of products or aspects of products to which mutual recognition applies into the 
scope  of  the  regulation,  option  4  creates  a website  with  a  list  of  products  to  which 
mutual recognition applies, as set out under option 2. 

The  Commission  carried  out  an  impact  assessment  listed  in  the  Work  Programme,  whose 
report is accessible on http://ec.europa.eu/enterprise/regulation/goods/mutrec_en.htm. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposal  tackles  two  aspects  of  ensuring  the  free  movement  of  goods  in  the  non-
harmonised  area:  it  lays  down  the  procedure  that  national  authorities  have  to  follow  when 
they intend to impose a national technical rule (i.e. in cases when mutual recognition is not 
being  applied  for  any  reason).  The  proposal  also  provides  for  the  establishment  of  one  or 
more  Product  Contact  Points  in  each  Member  State,  whose  main  task  is  to  provide 
information  on  the  technical  rules  applicable,  or  to  refer  the  persons  interested  to  the 
competent authorities/organisations.  

With the adoption of the proposal, the Council Decision 3052/95/EC establishing a procedure 
for the exchange of information on national measures derogating from the principle of the free 
movement of goods within the Community (OJ L 321, 30.12.1995, p. 1.) has to be repealed. 

•  Legal basis 

Articles 37 and 95 EC.  

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason(s). 

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The elimination of technical obstacles to the free movement of goods between Member States 
cannot be sufficiently achieved by the Member States and can, by reason of the scale of the 
action,  be  better  achieved  at  Community  level.  It  is  necessary  to  establish  procedures  to 
minimise  the  possibility  that  national  technical  rules  create  unlawful  obstacles  to  the  free 
movement  of  goods  between  Member  States.  The  absence  of  such  procedures  in  Member 
States  causes  additional  obstacles  to  the  free  movement  of  goods,  since  it  discourages 
enterprises to sell their products, lawfully marketed in another Member State, on the territory 
of the Member State laying down technical rules. Surveys have shown that many enterprises, 
and  in  particular  small  and  medium-sized  enterprises  (SMEs),  either  adapt  their  products  in 
order to comply with the technical rules of the Member State of destination, or refrain from 
marketing them there. National authorities also lack appropriate procedures for applying their 
technical rules to specific products lawfully marketed in another Member State. The lack of 
such procedures compromises their ability to assess the conformity of products in accordance 
with the Treaty.  

Few Member States provide for procedures to minimise the possibility that national technical 
rules  creates  unlawful  obstacles  to  the  free  movement  of  goods  between  Member  States. 
Given  the  fact  that  these  obstacles  concern  in  the  first  place  products  lawfully  marketed  in 
another Member State, Member States do not necessarily have an interest in laying down such 
procedures.  

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reason(s). 

The comments from stakeholders and the review of the situation in Member States reveal that 
the objective of the elimination of technical obstacles to the free movement of goods cannot 
be  sufficiently  achieved  by  Member  States  and  only  Community  action  can  lead  to  the 
improvement of the free movement of goods. This proposal respects the subsidiarity principle 
to  the  greatest  extent,  because  -  if  applied  correctly  -  the  free  movement  of  goods  can  be 
achieved without further harmonisation of national technical rules.  

There  is  legal  uncertainty  in  the  Member  States  concerning  the  application  of  the  mutual 
recognition  principle,  which  causes  an  unpredictable  application  of  the  principle  and  of 
imposing national technical rules. It results in costs both to enterprises and to society and can 
lead to reduced trade within the EU by preventing enterprises to enter the market of another 
Member State. A general framework for the application of national technical rules, where the 
economic operators concerned can foresee and understand the reasons for the application of a 
national  technical  rule  to  their  product  is  a  qualitative  indicator  that  the  objectives  can  be 
better achieved by the Union.  

The proposal defines for the entire EU the rights and the obligations of national authorities on 
the one hand, and of enterprises who wish to sell their already lawfully marketed product in 
another  Member  State  on  the  other  hand.  The  proposal  concentrates  in  particular  on  the 
burden  of  proof  by  setting  out  the  procedural  requirements  for  denying  mutual  recognition. 
The impact assessment shows that there is a gap in the functioning of the free movement of 
goods  in  the  area  covered  by  the  proposal  which  cannot  be  solved  without  a  Community 
legislative action.  

The proposal therefore complies with the subsidiarity principle. 

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•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The  scope  of  the  proposal  is  limited  to  cases  where  technical  obstacles  could  arise  and  do 
arise  and  it  does  not  involve  the  areas  where  the  free  movement  functions  well  and  where 
there is no barrier caused by a national technical rule. 

The proposal is limited to the most essential provisions to achieve its goal.  

Considering that the free movement of goods between Member States is the general principle 
and its exceptions should be interpreted narrowly, the financial and administrative burden was 
minimised by limiting the scope of the proposal to cases where technical obstacles could arise 
and do arise. The proposal will not apply when the free movement functions well and where 
there is no barrier caused by a national technical rule.  

•   

Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The form of a Regulation was chosen as the legislative instrument for the envisaged measures 
because other means would not be adequate. A Regulation seems to be the most appropriate 
instrument for achieving the objective.The procedural requirements laid down in this proposal 
are so precise that they can be immediately implemented in national law.  

4. 

BUDGETARY IMPLICATION 

Although  the  proposal  as  such  has  no  budgetary  implications,  the  implementation  of  the 
regulation will require the establishment of a list of products or aspects of products to which 
mutual  recognition  applies  and  the  creation  of  a  website  with  a  list  of  products  to  which 
mutual recognition applies. The establishment of this and the creation of the website will have 
budgetary implications, which are set out in the legislative financial statement.  

5. 

ADDITIONAL INFORMATION 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of  national 
provisions transposing the Regulation as well as a correlation table between those provisions 
and this Regulation. 

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•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

•  Detailed explanation of the proposal 

Articles  2  and  3  define  the  scope  of  the  proposal,  which  essentially  applies  to  restrictive 
decisions  taken  in  respect  of  any  industrially  manufactured  product  or  agricultural  product, 
including  fish  products,  lawfully  marketed  in  another  Member  State,  on  the  basis  of  a 
technical rule which is not the subject of harmonisation at Community level, where the direct 
or indirect effect of that decision is that the product cannot be put on the market in its current 
form. 

Articles  4,  5  and  6  are  the  core  of  the  proposal,  and  outline  the  minimal  necessary 
requirements  to  be  followed  by  the  national  authorities  before  intending  to  implement  a 
national  technical  rule  (i.e.  when  mutual  recognition  is  not  applied  for  any  reason)  in  a 
specific case. The burden of proof is placed on the national authority that is intending to apply 
a technical rule that restricts the access of the product to the national market. 

Articles  7  and  8  define  the  tasks  of  the  Product  Contact  Points.  Their  main  task  involves 
providing  information  on  technical  rules  to  enterprises  and  to  the  competent  authorities  of 
other member States. 

Article  9  provides  for  the  possibility  to  establish  a  telematics  network,  in  accordance  with 
Decision 2004/387/EC on the interoperable delivery of pan-European eGovernment services 
to public administrations, businesses and citizens (IDABC). 

A reporting scheme is laid down in Article 10.  

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2007/0028 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

laying down procedures relating to the application of certain national technical rules to 
products lawfully marketed in another Member State and repealing Decision 
3052/95/EC 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
37 and 95 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

The  internal  market  comprises  an  area  without  internal  frontiers  in  which  the  free 
movement  of  goods  is  ensured  under  the  Treaty,  which  prohibits  measures  having 
equivalent  effect  to  quantitative  restrictions  on  imports.  That  prohibition  covers  any 
national  measure  which  is  capable  of  hindering,  directly  or  indirectly,  actually  or 
potentially, intra-Community trade in goods. 

Obstacles to the free movement of goods between Member States may be unlawfully 
created by the national authorities, in the absence of harmonisation of legislation, as a 
consequence of applying, to goods coming from other Member States where they are 
lawfully marketed, technical rules laying down requirements to be met by such goods, 
such  as  those  relating  to  designation,  form,  size,  weight,  composition,  presentation, 
labelling and packaging. The application of such technical rules to products lawfully 
marketed in another Member States can be contrary to Articles 28 and 30 of the EC 
Treaty, even if those national rules apply without distinction to all products. 

1 
2 
3 
4 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

It  is  necessary  to  establish  procedures  to  minimise  the  possibility  that  such  national 
technical  rules  create  unlawful  obstacles  to  the  free  movement  of  goods  between 
Member  States.  The  absence  of  such  procedures  in  Member  States  causes  additional 
obstacles to the free movement of goods, since it discourages enterprises from selling 
their  products,  lawfully  marketed  in  another  Member  State,  on  the  territory  of  the 
Member State laying down technical rules. Surveys have shown that many enterprises, 
and  in  particular  small  and  medium-sized  enterprises  (SMEs),  either  adapt  their 
products  in  order  to  comply  with  the  technical  rules  of  the  Member  State  of 
destination, or refrain from marketing them there. 

National authorities also lack appropriate procedures for applying their technical rules 
to  specific  products  lawfully  marketed  in  another  Member  State.  The  lack  of  such 
procedures  compromises  their  ability  to  assess  the  conformity  of  products  in 
accordance with the Treaty.  

The  Council  Resolution  of  28  October  1999  on  mutual  recognition5  noted  that 
economic operators and citizens do not always make full and proper use of the mutual 
recognition  principle  because  they  are  not  sufficiently  aware  of  the  principle  and  its 
operational  consequences.  It  called  upon  the  Member  States  to  develop  appropriate 
measures  in  order  to  provide  economic  operators  and  citizens  with  an  effective 
framework for mutual recognition, inter alia by dealing effectively with requests from 
economic operators and citizens and by replying rapidly to those requests. 

The European Council of 15 and 16 June 2006 emphasised the importance of a simple, 
transparent and easy-to-apply regulatory environment and of strengthening consumer 
and business confidence in the internal market. 

The  smooth  functioning  of  the  internal  market  for  goods  requires  adequate  and 
transparent means for solving the problems that result from applying national technical 
rules to specific products lawfully marketed in another Member State.  

It is not appropriate, in the light of the principles of proportionality and subsidiarity, to 
harmonise all national technical rules for most or all product categories.  

the  European  Parliament  and  of 

the  Council  of 
Directive  2001/95/EC  of 
3 December 2001 on general product safety6 specifies that only safe products may be 
placed  on  the  market.  It  entitles  the  authorities  to  ban  any  dangerous  product  with 
immediate  effect  or,  for  the  period  needed for  the  various  safety  evaluations,  checks 
and  controls,  to  ban  temporarily  a  product  that  could  be  dangerous.  It  is  necessary, 
therefore, to exclude from the scope of this Regulation measures taken by the national 
authorities pursuant to national laws implementing Directive 2001/95/EC. 

(10)  Regulation  (EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council  of 
28 January  2002  laying  down  the  general  principles  and  requirements  of  food  law, 
establishing  the  European  Food  Safety  Authority  and  laying  down  procedures  in 
matters of food safety7 establishes inter alia a rapid alert system for the notification of 

5 
6 
7 

OJ C 141 of 19.05.2000, p. 5. 
OJ L 11 of 15.01.2002, p. 4. 
OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 of 7 
April 2006 (OJ L 100, 8.4.2006, p. 3). 

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a  direct  or  indirect  risk  to  human  health  deriving  from  food  or  feed.  It  obliges  the 
Member States to immediately notify the Commission under the rapid alert system of 
any  measure  they  adopt  which  is  aimed  at  restricting  the  placing  on  the  market  or 
forcing the withdrawal from the market or the recall of food or feed in order to protect 
human  health  and  requiring  rapid  action.  Measures  taken  by  the  national  authorities 
pursuant  to  Article  50(3)(a)  of  Regulation  (EC)  No  178/2002  should  therefore  be 
excluded from the scope of this Regulation. 

(11)  Regulation  (EC)  No  882/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April 2004 on official controls performed to ensure the verification of compliance with 
feed and food law, animal health and animal welfare rules8 lays down general rules for 
the  performance  of  official  controls  to  verify  compliance  with  rules  aiming,  in 
particular, at preventing, eliminating or reducing to acceptable levels risks to humans 
and  animals,  either  directly  or  through  the  environment,  and  guaranteeing  fair 
practices in feed and food trade and protecting consumer interests, including feed and 
food  labelling  and  other  forms  of  consumer  information.  It  lays  down  a  specific 
procedure  to  ensure  that  the  economic  operator  remedies  a  situation  of  non-
compliance.  It  is  necessary,  therefore,  to  exclude  from  the  scope  of  this  Regulation 
measures taken by the national authorities pursuant to Article 54 of Regulation (EC) 
No 882/2004. 

(12)  Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 
on safety on the Community's railways and amending Council Directive 95/18/EC on 
the  licensing  of  railway  undertakings  and  Directive  2001/14/EC  on  the  allocation  of 
railway  infrastructure  capacity  and  the  levying  of  charges  for  the  use  of  railway 
infrastructure  and  safety  certification  (Railway  Safety  Directive)9  provides  for  an 
authorisation  procedure  for  the  placing  in  service  of  existing  rolling  stock,  leaving 
scope  for  the  application  of  certain  national  rules.  Measures  taken  by  the  national 
authorities pursuant to Article 14 of that Directive should therefore be excluded from 
the scope of this Regulation. 

(13)  Council  Directive  96/48/EC  of  23  July  1996  on  the  interoperability  of  the  trans-
European  high-speed  rail  system10  and  Directive  2001/16/EC  of  the  European 
Parliament and of the Council of 19 March 2001 on the interoperability of the trans-
European conventional rail system11 provide for gradual harmonisation of systems and 
operations 
the  progressive  adoption  of  Technical  Specifications  for 
Interoperability. Systems and equipment that are within the scope of those Directives 
should therefore be excluded from the scope of this Regulation.  

through 

(14) 

It  is  for  the  national  authority  to  show  in  each  case  that  the  application  of  national 
technical  rules  to  specific  products  lawfully  marketed  in  another  Member  State  falls 
within the permitted exceptions. 

8 

9 
10 

11 

OJ L 191, 28.5.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 776/2006 of 
23 May 2006 (OJ L 136, 24.5.2006, p. 3). 
OJ L 164, 30.4.2004, p. 44-; corrected version in OJ L 220, 21.6.2004, p. 16. 
OJ  L  235,  17.9.1996,  p.  6.  Directive  as  last  amended  by  Directive  2004/50/EC  of  the  European 
Parliament and of the Council (OJ L 164, 30.4.2004, p. 114). 
OJ L 110, 20.4.2001, p. 1. Directive as last amended by Directive 2004/50/EC. 

EN 

11 

   EN 

 
                                                 
(15)  Any national decision to which this Regulation applies should specify the methods of 
appeal  available  so  that  economic  operators  can  bring  a  case  before  the  competent 
national court or tribunal. 

(16)  Decisions  of  national  courts  or  tribunals  assessing  the  legality  of  cases  in  which 
products  lawfully  marketed  in  another  Member  State  are  not  granted  access  to  the 
national  market on  account  of  the application  of a  technical  rule should be excluded 
from the scope of this Regulation.  

(17) 

(18) 

(19) 

It is important for the internal market for goods to ensure the accessibility of national 
technical  rules,  so  that  enterprises,  and  in  particular  SMEs,  can  gather  reliable  and 
precise information about the law in force in the Member State of destination.  

It is therefore necessary to implement principles of administrative simplification, inter 
alia through the establishment of a system of Product Contact Points. This should be 
designed to ensure that enterprises can gain access to information in a transparent and 
correct  manner,  so  that  the  delays,  costs  and  dissuasive  effects  which  arise  from 
national technical rules can be avoided.  

In  order  to  facilitate  the  free  movement  of  goods,  it  should  be  possible  for  Product 
Contact Points to provide high-quality information about national technical rules and 
their implementation. Since the creation of Product Contact Points should not interfere 
with  the  allocation  of  functions  among  competent  authorities  within  each  national 
regulatory system, it should be possible for the number of Product Contact Points per 
Member State to vary according to regional or local competencies.  

(20)  Member States should be able to entrust the role of Product Contact Point, not only to 
existing services within the public administration, but also to chambers of commerce, 
professional organisations or private bodies, in order not to increase the administrative 
costs for enterprises and competent authorities alike.  

(21)  Member States should ensure that the Product Contact Points can obtain and provide, 
on request, detailed information about any decision to which this Regulation applies, 
unless  the  disclosure  of  such  information  would  undermine  the  protection  of 
commercial interests of an economic operator, including intellectual property. 

(22)  Member  States  and  the  Commission  should  work  closely  together  to  facilitate  the 
training of staff employed in Product Contact Points and to encourage Product Contact 
Points to make information on the application of national technical rules available in 
other Community languages.  

(23) 

In  view  of  the  development  and  establishment  of  a  pan-European  eGovernment 
service  and  the  underlying  interoperable  telematic  networks,  the  possibility  of 
establishing  an  electronic  system  for  the  exchange  of  information  between  Product 
Contact Points should be envisaged, in accordance with Decision 2004/387/EC of the 
European Parliament and of the Council of 21 April 2004 on the interoperable delivery 
of  pan-European  eGovernment  services  to  public  administrations,  businesses  and 
citizens (IDABC)12. 

12 

OJ L 144, 30.4.2004, p. 62; corrected version in OJ L 181, 18.5.2004, p. 25. 

EN 

12 

   EN 

 
                                                 
(24)  Reliable and efficient monitoring and evaluation mechanisms should be established in 

order to provide information on the implementation of this Regulation. 

(25)  The  monitoring  scheme  established  by  Decision  3052/95/EC  of  the  European 
Parliament and of the Council of 13 December 1995 establishing a procedure for the 
exchange  of  information  on  national  measures  derogating  from  the  principle  of  the 
free movement of goods within the Community13 has proved largely unsuccessful in 
that its implementation has not provided the Commission with sufficient information 
to identify sectors where harmonisation might be appropriate. Nor has it brought about 
a  rapid  resolution  of  certain  free  movement  problems.  Decision  3052/95/EC  should 
therefore be repealed. 

(26)  Since  the  objective  of  the  action  to  be  taken,  namely  the  elimination  of  technical 
obstacles  to  the  free  movement  of  goods  between  Member  States,  cannot  be 
sufficiently achieved by the Member States and can therefore, by reason of the scale of 
the  action,  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
this  Regulation  does  not  go  beyond  what  is  necessary  in  order  to  achieve  this 
objective.  

(27)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission14,  

HAVE ADOPTED THIS REGULATION: 

Chapter 1 

Subject-matter and scope 

Article 1 

This Regulation lays down the rules and procedures to be followed by the national authorities 
when taking or intending to take a decision, as referred to in Article 2(1), affecting the free 
movement of a product lawfully marketed in another Member State. 

It also provides for the establishment, in each Member State, of Product Contact Points for the 
provision of information inter alia on the national technical rules applicable. 

13 
14 

OJ L 321, 30.12.1995, p. 1. 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

EN 

13 

   EN 

 
                                                 
Article 2 

1. 

This  Regulation  applies 
industrially 
manufactured  product  or  agricultural  product,  including  fish  products,  lawfully 
marketed in another Member State, on the basis of a technical rule, where the direct 
or indirect effect of that decision is any of the following: 

in  respect  of  any 

to  decisions 

taken 

(a) 

to ban that product or type of product;  

(b) 

to refuse to allow the product or type of product to be placed on the market;  

(c) 

to require modification of the product or type of product before it can be placed 
or kept on the market;  

(d) 

to require the withdrawal of that product or type of product from the market. 

For the purposes of point (c) of the first subparagraph, modification of the product or 
type  of  product  means  any  modification  of  one  or  more  of  the  characteristics  of  a 
particular product or a particular type of product as listed in a technical specification 
within the meaning of Article 1(3) of Directive 98/34/EC of the European Parliament 
and of the Council15.  

2. 

For  the  purposes  of  this  Regulation,  a  technical  rule  means  a  law,  regulation  or 
administrative  provision  of  a  Member  State,  which  is  not  the  subject  of 
harmonisation  at  Community  level,  compliance  with  which  is  compulsory  for  the 
marketing or use of a product or type of product in the territory of a Member State, 
and which lays down either of the following: 

(a) 

(b) 

the characteristics required of that product or type of product, such as levels of 
quality,  performance,  safety  or  dimensions,  including  the  requirements 
applicable to the product or product type as regards the name under which it is 
sold,  terminology,  symbols,  testing  and  test  methods,  packaging,  marking  or 
labelling and conformity assessment procedures;  

any other requirement which is imposed on the product or type of product for 
the purposes of protecting consumers or the environment, and which affects the 
life  cycle  of  the  product  after  it  has  been  placed  on  the  market,  such  as 
conditions  of  use,  recycling,  reuse  or  disposal,  where  such  conditions  can 
significantly  influence  the  composition  or  nature  of  the  product  or  type  of 
product, or its marketing.  

Article 3 

1. 

2. 

This Regulation shall not apply to decisions of a judicial nature delivered by national 
courts or tribunals. 

This  Regulation  shall  not  apply  in  the  case  of  measures  taken  by  the  national 
authorities of the Member States pursuant to: 

15 

OJ L 204, 21.7.1998, p. 37. 

EN 

14 

   EN 

 
                                                 
(a)  Article 8(d), (e) or (f) of Directive 2001/95/EC; 

(b)  Article 50(3)(a) of Regulation (EC) No 178/2002;  

(c)  Article 54 of Regulation (EC) No 882/2004; 

(d)  Article 14 of Directive 2004/49/EC. 

3. 

This Regulation shall not apply to systems and equipment falling within the scope of 
Directive 96/48/EC and Directive 2001/16/EC.  

Chapter 2 

Application of a technical rule 

Article 4  

1. 

2. 

3. 

Where a national authority intends to adopt a decision as referred to in Article 2(1), it 
shall  send  the  economic  operator  identified  in  accordance  with  Article  5  written 
notice  of  its  intention,  specifying  the  technical  rule  on  which  the  decision  is  to  be 
based  and  setting  out  sufficient  technical  or  scientific  evidence  that  the  intended 
decision is justified on one of the grounds of public interest listed in Article 30 of the 
Treaty or by reference to another overriding requirement in the public  interest, and 
that it is appropriate for securing the attainment of the objective pursued and does not 
go beyond what is necessary in order to attain that objective. 

The economic operator concerned shall, following receipt of such notice, be allowed 
at least twenty working days in which to submit comments. 

Any decision as referred to in Article 2(1) shall be notified to the economic operator 
concerned and shall state the reasons on which it is based, including the reasons for 
rejecting any arguments put forward by the operator. 

It  shall  also  specify  the  remedies  available  under  the  provisions  in  force  in  the 
Member State concerned and the time limits applying to such remedies. 

Where,  after  giving  written  notification  in  accordance  with  paragraph  1  of  this 
Article, the national authority decides not to adopt a decision as referred to in Article 
2(1), it shall inform the economic operator concerned accordingly. 

Article 5 

The written notice referred to in Article 4(1) shall be sent to the producer within the meaning 
of Article 2(e) of Directive 2001/95/EC, when his identity and contact details appear on the 
packaging or labelling of the product, or in the accompanying documents.  

EN 

15 

   EN 

 
The  written  notice  shall  be  sent  to  the  distributor  within  the  meaning  of  Article  2(f)  of 
Directive  2001/95/EC,  when  his  identity  and  contact  details  appear  on  the  packaging  or 
labelling of the product, or in the accompanying documents. 

When  the  identity  and  contact  details  of  the  producer  and  distributor  appear  neither  on  the 
packaging or labelling of the product nor in the accompanying documents, the written notice 
shall be sent to any other producer or distributor within the meaning of the provisions referred 
to in the first and second paragraphs.  

Any decision as referred to in Article 2(1) may be challenged before the national courts. 

Article 6  

Chapter 3 

Product Contact Points 

Article 7 

1. 

2. 

Each  Member  State  shall  designate  one  or  more  Product  Contact  Points  in  its 
territory and shall communicate their contact details to the other Member States and 
to the Commission.  

The  Commission  shall  publish  and  regularly  update  the  list  of  Product  Contact 
Points. 

1. 

Product Contact Points shall provide, upon request, the following information:  

Article 8 

(a) 

(b) 

(c) 

(d) 

the  technical  rules  applicable  to  a  specific  type  of  product  in  the  national 
territory; 

the  contact  details  of  the  national  authorities  enabling  them  to  be  contacted 
directly, including the particulars of the authorities responsible for supervising 
the implementation of the particular technical rules in the national territory; 

the  remedies  generally  available  in  the  national  territory  in  the  event  of  a 
dispute between the competent authorities and a producer or a distributor;  

the contact details of any associations or organisations other than the national 
authorities,  from  which  producers  or  distributors  may  obtain  practical 
assistance in the national territory. 

2. 

Product Contact Points shall respond within  twenty  working days of  receipt of  any 
request to transmit the information referred to in paragraph 1. 

EN 

16 

   EN 

 
3. 

The Product Contact Point in the Member State in which the producer and distributor 
concerned  have  lawfully  marketed  the  product  in  question  shall  be  informed  of 
written  notices  and  decisions  under  Article  4,  unless  the  disclosure  of  such 
information  would  undermine  the  protection  of  commercial  interests  of  that 
economic operator, including intellectual property rights. That Product Contact Point 
shall have the right to submit its observations to the national authority concerned. 

Article 9 

The Commission may establish a telematic network for the implementation of the exchange of 
information  between  Product  Contact  Points  under  this  Regulation,  in  accordance  with  the 
procedure provided for in Article 11(2).  

Chapter 4 

Final Provisions 

Article 10 

1. 

2. 

1. 

2. 

Member States shall send to the Commission, upon its request, an in-depth report on 
the  implementation  of  this  Regulation,  including  detailed  information  about  any 
written notices or decisions sent pursuant to Article 4(1), (2) or (3).  

The Commission shall, within five years following the date specified in Article 13, 
submit a report on the implementation of this Regulation to the European Parliament 
and the Council.  

Article 11  

The  Commission  shall  be  assisted  by  a  committee,  composed  of  representatives  of 
the Member States and chaired by a representative of the Commission.  

Where  reference  is  made  to  this  paragraph,  the  advisory  procedure  laid  down  in 
Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) and 
Article 8 thereof.  

Decision 3052/95/EC is repealed. 

Article 12 

EN 

17 

   EN 

 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 13 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

18 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  laying 
down  procedures  relating  to  the  application  of  certain  national  technical  rules  to 
products lawfully marketed in another Member State 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: ABB2 – Internal Market 
for Goods and Sectoral Policies. 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

02.03.01 

3.2. 

Duration of the action and of the financial impact: 

Continuous 

3.3. 

Budgetary characteristics: 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

02.03.01 

Non-comp 

Diff 

NO 

YES 

Contributions 
from applicant 
countries 
NO 

Heading in 
financial 
perspective 
1a 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
no. 

2007 

2008 

2009 

2010 

2011 

Total 

2011 
and 
later 

EUR million (to 3 decimal places) 

Operational expenditure16 
Commitment Appropriations 
(CA) 
Payment 
(PA) 

Appropriations 

8.1. 

a 

b 

0.2 

0 

0.1 

0.1 

0 

0 

0 

0 

0 

0 

0 

0 

0.2 

0.2 

16 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
Administrative expenditure within reference amount17 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

0 

0.5 

0.05 

0.05 

0.05 

0.05 

0.7 

0.2 

0.5 

0.05 

0.05 

0.05 

0.05 

0.9 

0.1 

0.6 

0.05 

0.05 

0.05 

0.05 

0.9 

Administrative expenditure not included in reference amount18 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.5. 

d 

8.2.6. 

e 

0 

0 

0 

0 

0 

0 

0 

0.05 

0.05 

0.15 

0.25 

0.15 

0.15 

0.8 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d
+e 

b+c
+d
+e 

0.25 

0.55 

0.20 

0.30 

0.20 

0.20 

1.7 

0.15 

0.65 

0.20 

0.30 

0.20 

0.20 

1.7 

Co-financing details: No co-financing 

4.1.2.  Compatibility with Financial Programming 

The  proposal  is  compatible  with  existing  financial  programming.  Its  financial  consequences 
will  be  financed  by  credits  already  foreseen  for  the  budgetary  line  concerned  in  the  official 
financial programming of the Commission. 

4.1.3.  Financial impact on Revenue 

The proposal has no financial implications on revenue 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2007 

2008 

2009 

2010 

2011 

2012 
and 
later 

Total number of human resources 

1.4 

1.4 

1.4 

1.4 

1.4 

1.4 

17 
18 

Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The proposal requires, as an accompanying measure, the establishment of a detailed 
list  of  products  or  aspects  of  products  to  which  mutual  recognition  applies  and  the 
subsequent  creation  of  a  website  on  which  the  list  will  be  published.  It  may  be 
necessary  eventually  to  organise  seminars  about  the  implementation  of  the 
regulation. In addition, the proposal provides for the establishment of a consultative 
committee. 

The general objectives of the proposal are set out in the explanatory memorandum. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The creation of the internal market for goods is one of the objectives of the European 
Community.  Pursuant  to  Article  14(2)  of  the  EC  Treaty,  the  internal  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. The prohibition, as between Member States,  of measures  having  equivalent 
effect as quantitative restrictions on imports of goods is one of the main principles of 
the EC Treaty (Articles 3(1)(a) and 28 to 30).  

A comparison of the options points to a regulatory approach on the basis of Article 
95(1)  EC  Treaty.  It  specifies  that,  by  way  of  derogation  from  Article  94  and  save 
where  otherwise  provided  in  the  Treaty,  the objectives  set  out  in  Article  14  can  be 
reached by adopting the measures for the approximation of the provisions laid down 
by  law,  regulation  or  administrative  action  in  Member  States  which  have  as  their 
object the establishment and functioning of the internal market. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

In  the  context  of  the  enlarged  single  market,  action  at  EU  level  carries  an  evident 
added value, providing European businesses with a large, single market and allowing 
economies of scale. At the same time, the smooth functioning of this market requires 
for  its  very  supra-national  nature  an  EU-level  intervention,  while  limiting  the  EC 
intervention to the strict necessary.  

The main  objective  of the proposal is  to ensure the free movement of goods in the 
non-harmonised  area.  It  should  impose  the  minimum  economic  burden  consistent 
with  achieving  this  objective,  and  it  should  be  applied  effectively  and  easily.  The 
impact  assessment  comprises  a  more  detailed  and  technical  description  of  the 
objectives and the expected results. 

5.4.  Method of Implementation (indicative) 

Centralised Management - directly by the Commission 

EN 

21 

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Relevant  comments:  The  establishment  of  a  detailed  list  of  products  or  aspects  of 
products  to  which  mutual  recognition  applies  and  the  subsequent  creation  of  a 
website on which the list will be published requires the procurement of services.  

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  establishment  of  a  detailed  list  of  products  or  aspects  of  products  to  which 
mutual recognition applies and the subsequent creation of a website on which the list 
will  be  published  will  be  monitored  by  the  Commission,  in  cooperation  with  the 
representatives of the Member States in the committee established by the Regulation. 
In addition, Product Contact Points may be requested, if necessary, to participate in 
this monitoring. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

Surveys  and  existing  literature  show  that  a  detailed  list  of  products  or  aspects  of 
products to which mutual recognition applies does not yet exist. 

6.2.2.  Measures taken  following  an  intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

Not applicable. 

6.2.3.  Terms and frequency of future evaluation 

The  terms  and  the  frequency  of  future  evaluation  activities  will  be  determined  in 
accordance with the applicable rules. 

7. 

ANTI-FRAUD MEASURES  

Full application of internal control standards No 14, 15, 16, 17, 18, 19, 20, 21. 

The  Commission  shall  ensure  that,  when  actions  financed  under  the  present 
programme are implemented, the financial interests of the Community are protected 
by  the  application  of  preventive  measures  against  fraud,  corruption  and  any  other 
illegal activities, by effective checks and by the recovery of the amounts unduly paid 
and, if irregularities are detected, by effective, proportional and dissuasive penalties, 
in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 
1995  on  the  protection  of  the  European  Communities  financial  interests,  and  with 
Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 
May  1999  concerning  investigations  conducted  by  the  European  Anti-Fraud  Office 
(OLAF). 

EN 

22 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Type of output 

Av. 
cost 

of 

(Headings 
Objectives, 
and 
actions 
outputs should be 
provided) 

Establishment  of  a 
list  of  products  to 
which 
mutual 
recognition applies 

Report 
containing  such 
list  

Commitment appropriations in EUR million (to 3 decimal places) 

2007 

2008 

2009 

2010 

2011 

2012 and later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

1 

0.2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0.2 

TOTAL COST 

0.2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0.2 

EN 

23 

EN 

 
  
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing resources 
(number of posts/FTEs) 

A*/AD 

Officials or 
temporary 
staff19  
B*, 
(XX 01 01) 
C*/AST 
Staff  financed20  by  art. 
XX 01 02 
Other  staff21  financed by 
art. XX 01 04/05 

TOTAL 

2007 

2008 

2009 

2010 

2011 

2012 

1 

0.4 

0 

0 

1 

0.4 

0 

0 

1 

0.4 

0 

0 

1 

0.4 

0 

0 

1 

0.4 

0 

0 

1 

0.4 

0 

0 

1.4 

1.4 

1.4 

1.4 

1.4 

1.4 

8.2.2.  Description of tasks deriving from the action 

Besides the follow-up of the proposal and the assessment of the transposition of the 
directive into national law, the task will consist of managing: 

–  The  establishment  of  a  detailed  list  of  products  or  aspects  of  products  to  which 

mutual recognition applies; 

–  The subsequent creation of a website on which the list will be published.  

8.2.3. 

Sources of human resources (statutory) 

Posts to be redeployed using existing resources within the managing service (internal 
redeployment) 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 
(number and heading) 

EUR million (to 3 decimal places) 

2007 

2008 

2009 

2010 

2011 

2012 
and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0.5 

0.05 

0.05 

0.05 

0.05 

0.5 

0.05 

0.05 

0.05 

0.05 

0 

0 

0.7 

0.7 

19 
20 
21 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

2007 

2008 

2009 

2010 

2011 

2012 

Officials  and 
(XX 01 01) 

temporary  staff 

Staff  financed  by  Art  XX  01  02 
(auxiliary,  END,  contract  staff, 
etc.) 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

(specify budget line) 

Total cost of Human Resources 
and  associated  costs  (NOT  in 
reference amount) 

0 

0 

0 

0 

0 

0 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

2007 

2008 

2009 

2010 

2011 

2012
and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

0.05 

0.05 

0.05 

0.05 

0.05 

0.05 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees22  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

0 

0 

0 

0 

0 

0 

0 

0 

0.1 

0.1 

0 

0 

0 

0 

0 

0.1 

0.1 

0.1 

0 

0 

0 

0 

0 

0 

0.3 

0.2 

0.3 

0 

0 

2 

Total 
Expenditure (XX 01 02 11) 

Other  Management 

0.05 

0.05 

0.15 

0.25 

0.15 

0.15 

0.8 

3  Other 

expenditure 

administrative  nature 
including reference to budget line) 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0 

0 

0 

0 

0 

0 

0 

0.05 

0.05 

0.15 

0.25 

0.15 

0.15 

0.8 

22 

Advisory committee. 

EN 

25 

   EN