French import restrictions on plant protection products unacceptable, Commission says - Main contents

In 2004, French authorities seized plant protection products imported from the Slovak Republic and withdrew their marketing authorisations, claiming that they did not comply with the requirements of French regulation. As the products in question had in fact been subject to adequate tests and controls, the Commission has now responded with a reasoned opinion, the second stage of infringement proceedings, which details the violation of the principle of free movement of goods and the non-respect of notification procedures constituted by the actions of the French authorities in this case.

Commission Vice-President Günter Verheugen i responsible for enterprise and industry policy said: "Internal market rules will only work for the benefit consumers and businesses throughout the European Union if all Member States uphold them. This kind of infringements undermine growth and competitiveness in the EU. This is why the Commission has to act."

In this case the French authorities claimed that the products in question did not correspond to their denomination, or that they did not ensure a level of quality and of safety equivalent to that required by French regulation.

The French authorities further refused to recognise the results of:

• tests and checks carried out on the products in the Slovak Republic
• conformity with their denomination even though such controls had been carried out in the Slovak Republic or in other Member States; and
• analysis documentation delivered for each batch of imported product, carried out by a recognised and certified Slovak laboratory.

They also did not notify the seizure of the products and the withdrawal of their marketing authorisations to the European Commission within the time prescribed.

In a reasoned opinion, the Commission has set out that this is a violation of the principle of free movement of goods (Art 28 - 30) and of the Decision 3052/95/EC of 1995 under which Member States have to notify the Commission of all measures constituting obstacles to the free circulation of a product legally produced in another Member State when this measure has the effect of a direct or indirect general prohibition, a refusal of marketing authorisation, the alteration of the model or type of product in question (in view of its marketing or continuation on the market) or a withdrawal from the market.