Legal provisions of COM(1997)619 - Mechanism whereby the Commission can intervene in order to remove certain obstacles to trade - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(1997)619 - Mechanism whereby the Commission can intervene in order to remove certain obstacles to trade. |
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document | COM(1997)619 |
date | December 7, 1998 |
Article 1
1. | the term ‘obstacle’ shall mean an obstacle to the free movement of goods among Member States which is attributable to a Member State, whether it involves action or inaction on its part, which may constitute a breach of Articles 30 to 36 of the Treaty and which:
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2. | the term ‘inaction’ shall cover the case when the competent authorities of a Member State, in the presence of an obstacle caused by actions taken by private individuals, fail to take all necessary and proportionate measures within their powers with a view to removing the obstacle and ensuring the free movement of goods in their territory. |
Article 2
Article 3
(a) | any Member State (whether or not it is the Member State concerned) which has relevant information shall immediately transmit it to the Commission, and |
(b) | the Commission shall immediately transmit to the Member States that information and any information from any other source which it may consider relevant. |
2. The Member State concerned shall respond as soon as possible to requests for information from the Commission and from other Member States concerning the nature of the obstacle or threat and the action which it has taken or proposes to take. Information exchange between Member States shall also be transmitted to the Commission.
Article 4
(a) | take all necessary and proportionate measures so that the free movement of goods is assured in the territory of the Member State in accordance with the Treaty, and |
(b) | inform the Commission of the actions which its authorities have taken or intend to take. |
2. The Commission shall immediately transmit the information received under paragraph l(b) to the other Member States.
Article 5
2. In reaching its conclusion, the Commission shall have regard to Article 2.
3. The Commission may publish in the Official Journal of the European Communities the text of the notification which it has sent to the Member State concerned and shall immediately transmit the text to any party which requests it.
4. The Member State shall, within five working days of receipt of the text, either:
— | inform the Commission of the steps which it has taken or intends to take to implement paragraph 1, or |
— | communicate a reasoned submission as to why there is no obstacle constituting a breach of Articles 30 to 36 of the Treaty. |
5. In exceptional cases, the Commission may allow an extension of the deadline mentioned in paragraph 4 if the Member State submits a duly substantiated request and the grounds cited are deemed acceptable.
This Regulation shall be binding in its entirety and directly applicable in all Member States.