Introduction
In order to make sure that the flow of goods in the European community has been able to formulate a policy or provision that has to do with the free movement of goods. However, because of unnecessary incidents, this community law has been challenged. One of the contemporary issues that must be given attention by policy makers is in terms of the bird flu outbreak.
As mentioned in the given case, because of bird flu outbreak many European Union member has imposed policies to safeguard their nation against this problem. In the United Kingdom, UK Department of Environment, Food and Rural Affairs (DEFRA) has required all live poultry to be examined for the virus before it will be exported or before being moved to another region within UK. On the other hand, the government of Hungary has banned importation of turkey products from United Kingdom and has announced public information campaign with a slogan of ‘Buy Hungarian poultry – you know its safe!’ Because of this many Hungarian supermarkets have stopped selling products from the UK altogether.
Other members of European Union have also made several provisions to protect their country from bird flu. In France, meat is being sold through mobile vans. In order to protect their nation from bird flu, the government has create regulations in which owners of mobile shops should have permanent business in the country in order to make sure that their vehicles can be obligated to e regularly inspected by the public health. This provision has affected many establishments, specifically the establishment which are headquartered in other country (Manwell in Germany). The policy restricts these companies to sell products from their mobile shows in France.
Aside from France, Italy has also been able to formulate policies in the nation. Because Italy is concerned regarding the reputation of their famous ‘Sicilian Duck Pate’, a specialty regional product which is made by a small number of Sicilian companies which keep both the recipe and production method a close secret, the nation has made a policy which restrict others to label their product as ‘Sicilian Duck Pate’. In this regard, the country has passed a law which prohibits the use of this name from manufacturers and packager on the island of Sicily. Since there are individuals that import the pate in bulk to Greece and Rome and packing it there, these individuals are concerned that such practice may not be allowed anymore.
In addition, the government of Italy also announced that all pate sold in Italy must be labelled in Italian and must not consist more than must not contain more than 0.5 milligrams of salt per kilo. In the EC Directive on Salt Content of Processed Meat Products, the law states that a meet product must contain maximum of 0.7 milligrams per kilo.
The policies made by these countries, has been able to affect various people, institutions and law. In this regard, the goal of this paper is to identify whether the actions made by these countries adheres to the policies and provision within the Community Law in terms of free movement of goods.
European Community Law: Free Movement of Goods
European community law has been established in order to promote and streamline the relationship of European state members at all costs. Part of the European Community law is the formulation of the European Economic Area. The main objective of this is to promulgate continuous and sustainable relationships in terms of trade and economic relations among contracting parties with equivalent situations of competition and the respect of equal rules, with a view of making a homogenous EEA. Part of this provision is the context of free movement of goods. Such context applies to goods and products that came from Member states and other products which came from third countries that have given opportunities to circulate freely in the Member states. It will be apparent that the free movement of goods entails a great deal more than simply creating a free trade area. Unlike a free trade area, the European Community comprises a common market which entails the inclusion of a common customs tariff together with the abolition of customs duties for goods moving from one Member State to another.
The important consequence of this is that the EC Treaty provisions abolishing customs duties and restrictions on the free movement of goods apply not only to goods originating in Member States, but also to goods coming from non-member countries, so long as they have been duly imported into one Member State and any customs duties payable under the Common Customs Tariff have been accounted for another Member State’ has been satisfied.. The provisions on free movement of goods thus apply to all goods in free circulation in the Community.
This provision was observed as an element of a customs union among the members of EU, which includes the elimination of customs duties, quantitative limitations on trade and other equivalent measures, as well as the formation of a customary external tariff for the entire Community. The provision also highlights the elimination of all remaining impediments to free movement of goods with a view of forming the internal market. The view of internal market in this provision is a place without internal border, in which products or goods will have the chance to move freely as on a domestic market.
This provision must be followed by the Member states at all costs. However, because of different changes and factors, some member states tends to establish some provisions which may not adhere to the policy written in the community law.
In the given cases above, countries like United Kingdom, Hungary, France and Italy has created provisions and these are subjects for determining whether this is compatible with the community law in free movement of goods. Having been able to recognise the major cause of formulating such provisions among these countries is because of the outbreak of bird flu. According to the European community law, regarding free movement of goods, there are certain conditions in which a country is exempted to follow the provisions. It has been said that the ECT permits member states to undertake measures which have an influence equal quantitative limitation if these provisions are justified by general, non-economic factors which include public policy/security, protection of health and life of animals, plants and humans, public morality, safeguarding both industrial and commercial properties and the protection of national treasures.
Since, these countries concerned is to protect the nation against the outbreak of bird flu, it can be considered that the provisions they made is compatible with the EC free movement of goods policy. For example, part of the provision is to allow member state to inspect any goods or products in order to secure its quality as it will be imported or exported. With this, the provision of the UK Department of Environment, Food and Rural Affairs (DEFRA) to oblige all live poultry to be inspected before it will be exported in or out of the country is compatible with the ECT provision.
However, with the provision made by Hungary regarding its restriction of importation of turkey products from UK may not be considered as compatible with the rules and regulations set by the European Community. In the provision, it is said that the submission of imports to technical inspections (whether they be veterinary, phytosanitary or otherwise) will clearly be a measure of equivalent effect to a quantitative restriction under Article 30. This is readily accepted and applied by the national courts. In fact, the acknowledgement that an inspection will breach Article 30 is almost automatic as, in most cases; the national court will proceed immediately to the question of justification (which in practice is usually the justification on the grounds of the protection of public health in Article 36 EC). In such cases, the breach of Article 30 will be considered since; Hungarian government has made such restrictions to totally ban importation from United Kingdom.
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