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Principles of Technical Harmonisation in Europe in a Nutshell who is when Responsible for What?
EAEC-07/LE02-1

Authors

Dr. Thomas Wilrich - German Attorney at Law, Certified Attorney for administrative and government issues

Abstract

Keywords: Internal market, technical harmonization, New Approach, conformity and risk assessment, EC Declaration of conformity, CE marking Introduction

To establish an internal market and to assure free movement of goods is one of the most important tasks of the European Community. Art. 28 EC-Treaty - which is directly applicable in the Member States - prohibits restrictions on imports and exports and other (technical) barriers to trade and leads to mutual recognition of the provisions of the country of origin. But the Members States frequently restrict free trade in their national laws which can be justified according to Art. 30 ECTreaty.

The second - and more effective - way to reach the internal market is the approximation of the national laws according to Art. 95 EC-Treaty. This leads to technical harmonisation on a European level by Directives which have to be transposed into national law. More than 20 years ago the "New Approach" - a legislative technique for harmonisation which was first used in the Directive on electrical equipment 1973 - was institutionalised.

This article and speech introduces to the basics of Technical Harmonization and of the New Approach Directives and also mentions the General Product Safety Directive for all consumer products (GPSD). It emphasizes the responsibilities of all the stakeholders (economic operators) - the manufacturer/producer, his authorized responsibility, the importer, the trader and the user/operator.

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