Harmonisation Flashcards
Negative harmonisation case
Cassis de Dijon
Negative harmonisation (3)
Prohibit national rules that hinder cross border trade
Reinforced by mutual recognition
MS must accept foods that have been made in accordance with regulatory rules of another MS
Advantages of negative harmonisation (2)
Market access improved
National regulatory diversity
Disadvantages of negative harmonisation (3)
Focus on removal of obstacles
Race to the bottom (Delaware effect)
Mandatory public interest requirements justifying restrictions
Positive harmonisation
When?
2 acts and one approach
1986 onwards
Commission White Paper on Completing the Internal Market COM
Single European Act 1986
New approach
Commission White Paper on Completing the Internal Market COM
Identified new strategy focusing on positive harmonisation
Single European Act 1986 (2) plus article
New procedures designed to facilitate legislation to complete internal market
Art 26 and 114 TFEU facilitate passage of harmonisation measures
The new approach (2) plus Council Resolution
EU aimed to adopt very detailed technical requirements - slow
Only harmonise essential requirements - Council Resolution 85/C 136/01
Types of harmonisation (2)
Exhaustive
Minimum
Exhaustive/ total harmonisation (2) plus case
EU sets out requirements a product must meet to be lawfully sold
Dim - Dip Lights (1988)
Where EU has exhaustively regulated an area, MS can’t legislate to a stricter standard
Minimum harmonisation
Most popular
Set minimum standards but allow MS discretion to impose stricter rules provided they comply with Treaty
Advantages of minimum (2)
Market integration
Basic levels of protection
Disadvantages of minimum harmonisation (2)
Significant national variation
Race to the bottom (Delaware effect)
