Free Movement of Goods in the Context of EU Membership Negotiations
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Free Movement of Goods in the Context of EU Membership Negotiations: Practical Issues, Opportunities and Challenges Regarding Serbia’s Efficient Integration into Single Market Free Movement of Goods in the Context EU Membership Negotiations This study has been produced with the financial assistance of Think Tank Fund (Open Society Foundations) within the Think Tank Young Professional Development Program. The views and opinions of expressed in this study do not represent the official views of the Open Society Foundation. Free Movement of Goods in the Context of EU Membership Negotiations: Practical Issues, Opportunities and Challenges Regarding Serbia’s Efficient Integration into Single Market Ksenija Simović EUROPEAN POLICY CENTRE | BELGRADE Table of Contents CHAPTER I. Introduction ......................................................................................................... 2 1. Introduction into topic 2 1.2. Aims, methodology and structure of the study 3 CHAPTER II. Overview of Serbia’s EU accession process ........................................................... 5 2.1. Timeline of the accession process including main events and documents 5 2.2. Harmonization efforts 6 CHAPTER III. Comparative analysis of EU and Serbia’s legislation pertaining to free movement of goods .................................................................................................................................... 6 3.1. EU Single Market and free movement of goods legislation 6 3.2. Free movement of goods- Case law and legislation 7 3.3. Serbia’s state of affairs: Free movement of goods legislation application 37 3.4. EC’s Opinion – 2013 Serbia Progress Report, Chapter 1- Free Movement of Goods 48 CHAPTER IV. Detailed sector analysis of Serbia’s state of affairs in selected policy areas related to Free Movement of Goods ................................................................................................. 49 4.1. Market surveillance 50 4.2. Quality infrastructure 53 4.3. Intellectual property issues 59 CHAPTER V. Final Remarks ................................................................................................... 65 VI. Bibliography ................................................................................................................... 71 1 The study aims to assess Serbia’ progress in developing institutional and legislative framework in line with the EU acquis and requirements in the area of free movement of goods, specifically focusing on harmonisation of the horizontal legal framework. To achieve this objective, both Serbian and EU documents in the area have been examined and outlined in this study, also interviews with the most relevant EU and Serbia’s expert have been conducted and their contributions have been processed and included in the final analysis and recommendations. CHAPTER I. Introduction 1. Introduction into topic The current point in time, which is of great significance for Serbia given the recent beginning of EU accession negotiations, provides also an excellent timing for a study tackling one of the most important issues of the accession process – the harmonization of Serbia’s legislation in policy areas referring directly to those covered by the EU legislation of the European Internal or Single1 Market. Since it was first conceived during the creation of EEC2 in 1951, the then Common Market (and its four essential freedoms3) have had an important if not essential role in keeping the European project alive and in creating and guaranteeing competitiveness and development of the European industry and economy. Although the project of the Single Market did not always have the full attention of the policy makers, since its re-launch in the 1985 with the Delors Commission’s White Book it never again ceased to be the hot topic of the EU integration process. The White Book which introduced more than 300 measures and directives, together with the ESA from 1986 and the Treaty of Maastricht from 1992 brought to the adoption of the European Single Act in 1993, which assured a further integration of the Single Market. The Delors Commission adopted a New Approach characterized by both negative and positive integration and it allowed for different levels of harmonization. The original main objective of the Common market was to ensure free movement of goods, service, people and capital among the Member States, and it was initially guaranteed by the customs union, while today the Single Market includes a solid and wide legislative structure and concrete decision making mechanisms. It is since the reform of Delors Commission that the Single Market became the heart of EU politics and economic development. It has permitted the development of trade both within Member States and with third countries and it has certainly brought to an improvement of European industry competitiveness. It is for all these reasons that potential future Members of the European Union, the pre-candidate and candidate countries, must dedicate a significant amount of attention to the harmonization of their legislation in this area, in order to insure the development of their economies. Serbia’s legislation in this area still needs to go through a series of changes and its development strategies need to envision a substantial investment in the development of its economic and industrial infrastructures and 1Although the correct term in European Internal or Single Market, the denomination Common Market is also sometimes used, as it was the first name given during the creation of the EEC. 2 European Economic Community 3 Free movement of goods, Free movement of persons, Free movement of capital and Free movement of services 2 mechanisms in order to be able to cope with the competition and fast pace of Single Market economy, once it becomes a full-fledged member of the EU. Free movement of goods and the protection of intellectual property are just some of the most important policy areas concerning the Single Markets legislation. The conformity to the laws of these and other policy areas and their implementation guarantees to the new acceding countries an easier functioning in the Single Market, weather they end up becoming a Member State or in case they remain a third country operating on the EU market. Conformity with the regulations governing the Single Market in certain manner also guarantees to the country a better recognition and protects its economy. It is in any case one of the conditions for successful membership negotiations and therefore the adoption of all EU legislation in this area is in the eminent future for Serbia. 1.2. Aims, methodology and structure of the study Although Serbia has made significant reforms in order to meet EU standards in technical regulations and legislation, especially in the sector specific legislation and development of quality infrastructure and in strengthening of the institutional framework required for the correct implementation of the aligned legislation, we have still identified certain gaps in the application of the horizontal legislation in the area of free movement of goods4. This research study therefore aims at assessing Serbia’s achievements in developing the legislative structure in line with the existing EU one, as well as assessing the requirements in the area of free movement of goods (Chapter 1 of the Negotiations framework5), focusing mainly on harmonisation of technical legislation in this policy area and studying the horizontal effects of that legislation. The study will provide an overview of both EU’s and Serbia’s legislation in the area of free movement of goods, more specifically the horizontal legislation and it will especially concentrate on positive and negative types of harmonization, quality infrastructure and market surveillance, as well as on the topic of intellectual property. The study is intended to give valuable insights into the functioning of the European Single Market and the legislation that governs it. These insights will also be the main starting point in assessing the current state of affairs in the Serbian legislation and providing some recommendations for a better harmonization and transposition of EU’s acquis in this policy area. 4 Free movement of goods and the policies which relate to it, will be the focal point of this study. 5 Chapter 1 – Free movement of goods 3 In order to meet the objectives of the study both EU and Serbia’s area relevant documents have been studied, analysed and outlined, Closing a Chapter -When the and interviews have with relevant experts have been conducted. Commission notes that closing The study has been structured in this way in order to provide a wide benchmarks have been fulfilled, approach to the examination of legislative harmonization in the the chapter can be formally area of free movement of goods, but also to provide a concrete closed at an Inter-Governmental input for future reforms needed for the successful closing of the Conference, provided the Chapter 1 in the negotiation process. Governments of all Member States are satisfied with the The study is based on a qualitative approach to the analysis of progress made by the candidate the collected data, which includes primary and secondary sources country in the sector covered by of EU law, as well as the relevant national regulations. It also the respective chapter. includes academic literature, especially when it comes to EU law, Furthermore, the chapters are considered temporarily closed since the local academic professional literature contains