Free movement of goods

Week 7 independent 1

Free movement of goods: Commission takes Germany to Court

over barriers to trade in construction products

The Commission has received numerous complaints from manufacturers and

importers of construction products, who have had difficulties to sell their products on

the German market. The reason has consistently been German requirements that

construction products must have additional national marks or approvals, despite the

fact that they already have a CE–mark and are legally marketed in other Member

States.

Under the provisions of the Construction Products Directive (89/106/EEC),

Member States retained competence to establish performance requirements for

construction products, but on condition that Member States did not impede the free

movement of CE-marked products. The same rule exists, even more clearly, in the

newly adopted Construction Products Regulation (305/2011/EU).

To enable the Single Market for construction products to function properly,

harmonised European standards introduced a “common technical language” for

expressing and defining the performance of construction products. If Member States

require products covered by a harmonised standard to undergo additional testing, in

spite of having been CE–marked, it creates barriers of trade within the Single

Market.

Before the Commission decided to refer Germany to the Court there were

extensive exchanges of information between the Commission and Germany. In this

exchange, the German authorities acknowledged the use of and reliance on the

national system of Bauregellisten, necessitating Ü marks for certain construction

products. This national system requires construction products that are already CE–marked to undergo additional testing and acquire national approval, before they can

be marketed in Germany.

The Commission's case against Germany will focus on construction products

covered by certain harmonised European standards (notably doors, gates and thermal

insulation products). However, as the Commission has been receiving a large number

of similar complaints regarding the German treatment of products covered by several

other harmonised standards, the judgement of the Court should impact the whole

German system of Bauregellisten.

With around 15% of EU manufacturing added value, but only 5% of intra-EU

trade, the construction products sector is less open than other sectors of manufactured

goods. “Construction products” include more than 40 families of products such as

doors, thermal insulating products, cement, roofing products or bricks.

Week 7 independent 1

一.Word

ements n. 要求（requirement的复数）；调整需要量，必需品

ions n. 规定（provision的复数）；食品；预备v. 供应补给品；供应粮食

ive n. 指示；指令adj. 指导的；管理的

ence n. 能力，胜任；权限；作证能力

vt. 阻碍；妨碍；阻止

ised standard 调和标准 协调标准

itate vt. 使成为必需，需要；迫使

l insulation 电] 隔热；绝热；[热] 热绝缘

二.Summary

German requirements that construction products only with additional

national marks or approvals are permitted to enter local market has caused

a good many complaint form importers and manufacturers in this

with such situation, the commission had to take Germany to court over

barriers to trade in construction product, so as to help those importers

already with a CE-mark in other Member States out of the dilemma.