Decision No 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 Community

DECISION No  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 Community
THE EUROPEAN PARLIAMENT AND THE COUNCIL  OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),
Whereas the Commission has, in accordance with Article 100b of the Treaty, drawn up the inventory  of national laws, regulations and administrative provisions which fall under Article 100a of the  Treaty and which have not been harmonized pursuant to that Article;
Whereas that inventory has revealed that most of the obstacles to trade in products reported by  Member States are dealt with either by measures taken under Article 100a or through proceedings  initiated under Article 169 of the Treaty for failure to fulfil obligations under Article 30;
Whereas the transparency of national measures banning products may make it easier to deal quickly  and at the appropriate level with problems which may jeopardize the free movement of goods, inter  alia by approximating such measures in good time or adjusting them pursuant to Article 30 of the  Treaty;
Whereas, in order to facilitate such transparency, a simple and pragmatic procedure should be  established for the exchange of information between Member States and with the Commission so that  any problems that may arise in connection with the operation of the internal market can be settled  satisfactorily for both businesses and consumers;
Whereas the main purpose of this procedure is to enhance knowledge concerning the implementation of  the free movement of goods in non-harmonized sectors and to identify the problems encountered with  a view to finding appropriate solutions to them;
Whereas such a procedure should cover only those cases in which a Member State takes steps to  prevent, on grounds of non-conformity with its own national rules, the free movement or placing on  the market of goods lawfully produced or marketed in another Member State;
Whereas only measures which act as a barrier to a particular model or type of goods should be  covered and measures relating to second-hand goods which, with time or use, have become unsuitable  for being placed or kept on the market should therefore be excluded from the scope of this  Decision;
Whereas measures relating exclusively to the protection of public morality or public order should  also be excluded;
Whereas other Member States and the Commission should have the opportunity to react to the measures  notified within the framework of this Decision;
Whereas, moreover, the procedure should not duplicate notification or information procedures  provided for by other Community measures; whereas these different procedures should be properly  coordinated;
Whereas businesses, consumers and other interested parties should know whom to contact within the  Commission and the administrations of the individual Member States when a problem arises with  regard to the free movement of goods;
Whereas the procedures established to implement this Decision should not involve the creation of  unnecessary new bureaucracy while ensuring that an effective balance is struck between safeguarding  the legitimate interests of the Member States and maintaining the free movement of goods within the  Community;
Whereas, in the interests of transparency, there should be full and up-to-date information  available to all interested parties on the implementation of this Decision;
Whereas the removal of obstacles to the free movement of goods is of fundamental importance to the  Community and whereas it is necessary for the Community to establish measures in this area to  achieve that objective; whereas this measure clearly complies with the principle of  proportionality, as a complement to the principle of subsidiarity, since it is confined to ensuring  awareness of cases where the application of non-harmonized national rules is liable to affect the  satisfactory operation of the internal market,