Exceptions to the Free Movement of Goods

before; with (3); of; in (12); up; to; for (4); into; upon (2);

Mention must be made of the possibility 1 Member States to take such measures as they consider necessary 2 the protection of the essential interests of their security which are connected 3 the production or trade 4 arms, munitions and war material. Similarly, the Member States may be called 5 to take certain measures, 6 the event of serious internal disturbances affecting the maintenance of law and order, 7 the event of war, serious international tension constituting a threat of war, or in order to carry out obligations they have accepted 8 the purpose of maintaining peace and international security. 9 both cases, the measures taken by the Member States may limit the free movement of goods.

10 the latter case the Treaty simply provides that the Member States shall consult each other 11 a view to taking steps together to prevent the functioning of the common market being affected. If, 12 both cases, the measures affect competition 13 the common market, the Commission shall, together 14 the Member State concerned, examine how those measures can be adjusted. 15 case the Commission or a Member State considers that another Member State is making improper use of the powers provided 16 the above-mentioned circumstances, they may bring the matter directly 17 the Court, which shall give its rule 18 camera.

Must also be mentioned 19 this context the obligation imposed 20 the Commission, when drawing 21 proposals 22 establishing or ensuring the functioning of the internal market, to take 23 account the extent of the effort that certain economies showing differences 24 development will have to sustain and the Commission may propose appropriate provisions. The Treaty adds that, if those provisions take the form of derogations, they must be 25 a temporary nature and must cause the least disturbance 26 the functioning of the internal market.

1. The Member States must never take such measures as they consider necessary.

2. If the measures affect competition in the common market, the Council shall examine how those measures can be adjusted.

3. If a Member State considers that another Member State is making improper use of the powers provided in the above-mentioned circumstances, it may bring the matter directly before the Court.

4. The Commission must take into account the extent of the effort that certain economies will have to sustain.

Exercise 6. Read the text. Use the words in the box on the right to form one word that fits in the gap.

Technical Standards

Another important element with regard to the free movement of goods is technical standards; it is up to the Commission to make sure that the Member States recognise the technical _______, standards and rules applicable in other Member States and the validity of tests carried out by approved laboratories in other Member States offering adequate guarantees of _______ and efficacy. The Commission continues to monitor the _______ by Member States with the principle of the free movement of goods, mainly through the procedure under which the Member States have to inform the Commission of technical standards and regulations which they intend to introduce. In case a Member State fails to notify the Commission, the national rule may not be invoked against an individual. The other _______ of the Union are also involved in the fight against old and new obstacles to intra-Union trade. When the Commission is of the opinion that _______ standards or regulations will infringe the principle of free trade, it issues a ‘detailed opinion’, which is _______ upon the Member States _______. From the above it follows that standards and technical regulations play a very important role in the _______ of the internal market. _______, the Council laid down provisions on the introduction and _______ of technical regulations and standard, and adopted resolutions on a new approach to technical _______ and standards and on the role of European _______ in the European economy.

specify rely comply institute propose bind, concern function consequence implement harmony, standard

Exercise 7. Read the text and fill in the gaps with the appropriate words from the box. Then answer the questions below the text.

commercial property prohibition rule quantitative restrictions exceptions public policy measures transit of goods discrimination derogation economic situation Treaty provision free movement exclusive jurisdiction restriction national treasures interpretation harmonization