NOTE
Response from the Danish Government to the public consultation on
the review of the internal market legislation for industrial products
A well-functioning internal market for industrial products is a key to
achieving sustained growth in Europe. It is therefore important that
barriers arising from the legislation itself, the lack of implementation or
misapplication in EU member states are dealt with through evidence-
based legislation and a strong and integrated enforcement structure taking
into account both formal and informal enforcement mechanisms.
What, if any, are the regulatory barriers to the effective functioning of the
internal market for industrial products?
Legislation can constitute regulatory barriers to trade in the EU.
Therefore, new legislation should take into account the needs of business
as well as public interests such as the environment, consumer protection
and health. When considered relevant to the needs of business, member
states should furthermore take into consideration similar legislation in
other member states. This needs-based approach is congruent with the
cross-cutting agenda of smart regulation emphasizing the need to take
into consideration both the economic potential and the needs of end users.
What, if any, are the non-regulatory barriers to the effective functioning
of the internal market for industrial products?
The non-regulatory barriers are more important in relation to the effective
functioning of the internal market than regulatory barriers. The
inconsistent application of EU-legislation constitutes a significant barrier
to trade. Barriers could be mitigated by ensuring more consistent
application of EU-legislation based on a diffusion of best-practice across
different sectors. Better application could also be facilitated by
strengthening the synergies between for example SOLVIT and the EU
Product Contact Points. In line with the Danish position on the smart
regulation agenda, the focus on the rules themselves needs to be
supplemented with a focus on how the rules are communicated,
implemented, enforced and fit into the every-day administrative practices
of businesses.
Do you think that Regulation (EC) 764/2008 on mutual recognition is a
good instrument for ensuring the free movement of industrial products