Response from the Danish Government to the public consultation on

the review of the internal market legislation for industrial products

A well-functioning internal market for industrial products is a key toachieving sustained growth in Europe. It is therefore important thatbarriers arising from the legislation itself, the lack of implementation ormisapplication in EU member states are dealt with through evidence-based legislation and a strong and integrated enforcement structure takinginto account both formal and informal enforcement mechanisms.What, if any, are the regulatory barriers to the effective functioning of theinternal market for industrial products?Legislation can constitute regulatory barriers to trade in the EU.Therefore, new legislation should take into account the needs of businessas well as public interests such as the environment, consumer protectionand health. When considered relevant to the needs of business, memberstates should furthermore take into consideration similar legislation inother member states. This needs-based approach is congruent with thecross-cutting agenda of smart regulation emphasizing the need to takeinto consideration both the economic potential and the needs of end users.What, if any, are the non-regulatory barriers to the effective functioningof the internal market for industrial products?The non-regulatory barriers are more important in relation to the effectivefunctioning of the internal market than regulatory barriers. Theinconsistent application of EU-legislation constitutes a significant barrierto trade. Barriers could be mitigated by ensuring more consistentapplication of EU-legislation based on a diffusion of best-practice acrossdifferent sectors. Better application could also be facilitated bystrengthening the synergies between for example SOLVIT and the EUProduct Contact Points. In line with the Danish position on the smartregulation agenda, the focus on the rules themselves needs to besupplemented with a focus on how the rules are communicated,implemented, enforced and fit into the every-day administrative practicesof businesses.Do you think that Regulation (EC) 764/2008 on mutual recognition is agood instrument for ensuring the free movement of industrial products

not covered by harmonisation legislation? If not, what is its mainweakness?In general regulation 764/2008 on mutual recognition is a goodinstrument for ensuring the free movement in the non-harmonised area.However, efforts should be made to improve the efficiency of the ProductContact Points in the member states in order to provide companies withswift information on national legislation.Would you prefer that the Single Declaration of Conformity be a simplecompilation of individual Declarations of conformity?Yes, in accordance with the compromise reached on the alignmentpackage, a compilation of individual declarations should also beconsidered a single declaration.Would you prefer that each piece of product legislation provide for acustomised Declaration of Conformity?It is important that the declaration of conformity allows for the necessaryadaption to sector specific circumstances.