Third Country Goods Inside the Internal Market

Amsterdam Law School Research Paper No. 2022-28

Amsterdam Centre for European Law and Governance Research Paper No. 2022-04

28 Pages Posted: 22 Sep 2022

See all articles by Laurens Ankersmit

Laurens Ankersmit

University of Amsterdam - Amsterdam Centre for European Law and Governance

Date Written: September 21, 2022

Abstract

This contribution covers the law of the internal market in relation to third country goods. It argues that even though there was no legal necessity on the basis of the GATT or the OEEC’s Code of Liberalisation for EU Member States to liberalise intra-EU trade in such goods, third country goods in free circulation benefit from a number of free movement provisions under the TFEU for practical purposes. It argues further that the Court has been generous in extending the application of the free movement of goods provisions in equal measure to third country goods in free circulation. Already early on in its case law it made clear that Article 34 TFEU has ‘the same scope’ and ‘applies without distinction’ to goods of third country origin in free circulation. What is more, it has even found Article 110 TFEU to apply to such goods, despite clear textual limitations in the Treaty. It has, nonetheless, also ensured that the principle of mutual recognition – the hallmark of free movement law – does not apply unreservedly to such goods. While traders in third country goods may challenge indistinctly applicable product requirements of Member States when importing those goods from another Member State under Article 34 TFEU, Member State authorities are still entitled to apply their own technical rules to such goods if these goods do not meet functionally equivalent product requirements of the Member State of export. This means that Member State authorities do not have to take into account technical rules met by such goods in third states, nor do they have to accept rules that are not functionally equivalent to their own.

Keywords: free movement of goods, third country goods, internal market, mutual recognition, assimilation

JEL Classification: K23, K29, K39

Suggested Citation

Ankersmit, Laurens, Third Country Goods Inside the Internal Market (September 21, 2022). Amsterdam Law School Research Paper No. 2022-28, Amsterdam Centre for European Law and Governance Research Paper No. 2022-04, Available at SSRN: https://ssrn.com/abstract=4225991 or http://dx.doi.org/10.2139/ssrn.4225991

Laurens Ankersmit (Contact Author)

University of Amsterdam - Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

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