Europaudvalget 2018-19 (1. samling)
EUU Alm.del Bilag 660
Offentligt
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Single Market Barriers
Overview
Updated 19 December 2018
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 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Single Market Barriers Overview
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Single Market Barriers
The Single Market is still far from complete. In many aspects, the European Union is still a mosaic
of 28 different national markets. This overview provides some examples of barriers that retailers
and wholesalers face in the Single Market. We ask the Member States, the Commission and the
European Parliament to address the barriers identified here. The best way for the retail and
wholesale sector to provide jobs and growth is to create a business-friendly environment where
there is full competition and consumers can enjoy a wide range of high quality and safe products.
The main problems that the retail and wholesale sector still faces are:
Flawed implementation and application of the
Services Directive
that hinders the freedom of
establishment, the free movement of services and the freedom to provide a service;
National trade laws
that hinder business in the way they do business. Often these laws hamper
competitiveness of the sector, are protectionist and undermine business models that are
genuine and legal business models in other Member States. Particularly concerning are
developments in
Central and Eastern Europe;
National requirements that hinder the
free movement of goods.
Me e States do t otif
new national technical requirements according to the procedure laid down in
Directive (EU)
2015/1535,
do t appl the p i iple of utual e og itio i o
-harmonised areas, gold-
plate directives, etc.
We also recognise some of the initiatives taken by the Commission to solve some of the examples
mentioned in this paper. However, infringement procedures take a long time, are expensive and
the outcome is uncertain. For businesses, this takes too long and they might decide to leave or not
enter a market. In the end this deprives consumers of more choice, higher service and lower prices.
EuroCommerce welcomes an open dialogue with the Commission, the European Parliament and
the Member States to improve the Single Market for Retail. This document is regularly updated.
Significant updates are in red.
The previous update was done 30 October 2017.
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Table of contents
Single Market Barriers ...................................................... 3
Bulgaria.......................................................................... 7
Proposed New Food Law ....................................................................................... 7
Value Added Tax Law ............................................................................................ 8
Croatia ........................................................................... 8
Act on Prohibition of Unfair Trading Practices in the Food Supply Chain .............. 8
Czech Republic................................................................ 9
Significant Market Power Act ................................................................................. 9
Ban of door-to-door sales at local level ............................................................... 10
7-day
payment ban for “organised events” –
Act nr 378 on Consumer Protection
............................................................................................................................. 12
Government Decree No 172/2015 Coll on laying down notification obligations to
recipients of certain types of food at the point of destination ............................... 13
France .......................................................................... 13
General obligation of conformity ......................................................................... 13
Label on construction and wall/floor decoration products of VOC emission class
(A+, A, B, C, D)..................................................................................................... 14
Label on Furniture and furnishings of VOC emission class (A+, A, B, C, D) ......... 16
Label to inform the consumer that the product falls within waste-sorting instructions
on all recyclable products subject to Extended Producer Responsibility
(packaging, paper, textile, furniture…)
............................................................... 17
Germany ...................................................................... 20
State planning laws for state plans/state planning programs and regional plans 20
Act on the Protection of Cultural Property (Kulturgutschutzgesetz) ..................... 21
Greece ......................................................................... 21
National and local planning laws ......................................................................... 21
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Hungary........................................................................ 22
Amendment on labelling of alleged dual quality foods of Act XLVI of 2008 on the
food chain and the official supervision thereof .................................................... 22
Number of new announced restrictive measures to ‘restructure’ the retail sector
............................................................................................................................. 23
Restriction establishment - Act CXII of 2014 on Modification of Act CLXIV of 2005
on Trade in connection with operation of undertakings in the interest of fair market
practice ................................................................................................................ 23
Ban on loss-making - Act CXII of 2014 on Modification of Act CLXIV of 2005 on
Trade in connection with operation of undertakings in the interest of fair market
practice [solved] .................................................................................................. 24
New “Plaza Stop” Act / Build Environment
Act ..................................................... 24
Act XCV of 12 October 2009 on the Prohibition of the Unfair Distribution Practices
conducted against suppliers of agricultural and food industry products ............. 25
Act CLXVIII of 20 December 2010 on change of certain laws affecting the food retail
sector ................................................................................................................... 25
Significant Market Power - Act CXII of 2014 on Modification of Act CLXIV of 2005
on Trade in connection with operation of undertakings in the interest of fair market
practice ................................................................................................................ 26
Hungarian Community Marketing Fund operated by the Milk Board- FM Decree
No. 2/2015 (II.66) ................................................................................................. 27
Italy ............................................................................. 28
Ministerial Decree for labelling October 14, 1981 ............................................... 28
Health Ministry decree of 21 March 1973 on "Hygiene rules for packaging,
containers and utensils intended to come into contact with foodstuffs or personal-
use products", relating exclusively to stainless steel. .......................................... 28
DECRETO LEGISLATIVO 25 novembre 2016, n. 222 ............................................ 29
Luxembourg .................................................................. 30
Territorial Supply Constraints .............................................................................. 30
Poland .......................................................................... 31
Act on Retail Sales Tax
–
planned for 2018 ........................................................... 31
Shopping mall tax - Polish Corporate Income Tax Act ......................................... 31
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Law on combating abuse of market power in contracts on purchasing farm and
food products ....................................................................................................... 32
Act on Combating Unfair Competition ................................................................. 32
Portugal ........................................................................ 33
Food Safety Tax .................................................................................................... 33
Romania ....................................................................... 34
Act 150/2016 of 18 July 2015 on Food Trade ........................................................ 34
Amendment Fiscal Code (proposal retail tax) ..................................................... 35
Amendment Mandatory checks ‘imported’ food products
................................... 35
Slovakia ........................................................................ 35
Food Act (152/1995 Coll) ..................................................................................... 35
New: Retail Tax & Marketing Fund ....................................................................... 36
New: amendment to the Law on Prices ................................................................ 37
New: Review of the law on “Inappropriate Conditions in Business Relations
between Purchasers
and the Suppliers of Food”
................................................. 38
Ban of door-to-door sales at local level ............................................................... 39
Spain ............................................................................ 39
National and local laws on establishment ............................................................ 39
Regional Catalonian Act 5/2017 taxation of sweet beverages ............................. 41
Spanish Royal Decree 928/1987 on the labelling of the composition of textile
products. .............................................................................................................. 42
United Kingdom ............................................................. 43
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 .......................... 43
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Bulgaria
Proposed New Food Law
In a new draft submitted to TRIS the
Status
contested provision has been removed.
The draft law was notified to TRIS as
2016/318/BG. The standstill period was
prolonged from 30 September 2016 to 30
New Food Law infringing the free movement
of goods by discriminating foreign products
December 2016. Germany issued detailed
vis-à-vis local products.
opinion and Austria and Italy issued
comments
A ti le
sa s
Pla i g fu the
The government has submitted a new
information on a labelled product or doing
draft law to SMIT: 2018/529/BG. The
so in a manner other than the original
standstill period end 21 January 2019. No
labelling or concealing any part of the
translation is available yet, but it seems
i itial la elli g shall ot e allo ed .
that the prohibition is removed.
This text was superficially changed after
the Commission Detailed Opinion
Asks
following the TRIS notification in 2016. The
The Bulgarian government should change
revised text provides that labelling should
the text of the provision to ensure the
not conceal the mandatory information of
provision is proportionate and justified.
the initial label. This basically prohibits
The Commission should assess if the
retailers and wholesalers to relabel a small
Bulgarian Food Law is in line with EU law
food product by using a sticker. This could
after its adoption.
lead to expensive and time-consuming
repackaging
which
is
also
not
environmental friendly.
The amendment is infringing the free
movement of goods and the Food
Information Regulation and potentially will
raise costs for retailers and suppliers and
may lead to higher prices for consumers
and less choice.
It discriminates foreign products vis-à-vis
Bulgarian products and will lead to higher
costs and less choice for Bulgarian
consumers.
Relabelling of products via a sticker is a
commonly used method which does not in
any way endanger consumers or obscures
essential data for competent authorities.
It is sufficient to state that it is not allowed
to cover mandatory product information,
others by means of providing the same
information in an understandable
language.
The measure is disproportionate and is not
the least restrictive measure to guarantee
a high level of consumer safety.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Value Added Tax Law
Following EU law, any built-in assets are
taxable according to their value on the day
of selling/cessation. In Bulgaria, the base-
line is now the original value of the assets.
This new law burdens retailers with high
costs that could not be anticipated
beforehand.
Status
Amendment SG No. 94/2012 in force since
1 January 2013.
Asks
The Bulgarian government should bring
the law in line with Directive 2006/112/EC.
The Commission should ask the Bulgarian
government to do so, or take the
necessary steps to make Bulgaria
compliant with Directive 2006/112/EC.
Croatia
Act on Prohibition of Unfair Trading Practices in the Food
Supply Chain
Class: 011-01/17-01/25, Reg. No.: 71-06-01/1-17-2
Disproportionate and unnecessary restictions Status
of freedom of contract and B2B relationships
The act entered into force 7 December
2017
The implementation deadline was 31
The scope of the draft law is unclear, and
March 2018
will create legal uncertainty about its
interpretation after adoption. Retailers in
Asks
Croatia are in favour of protection of small
The Croatian government should consider
farmers (OPGs) as seems to be the
the value of voluntary initiatives and
intention of the draft law. The scope
dialogue as a means to support a well-
should be clarified and only cover OPGs
functioning and efficient food supply
and primary producers.
chain. EuroCommerce and its members
The prohibition of marketing and logistic
support the Supply Chain Initiative and
fees is disproportionate. In the supply
have agreed with farmers and
chain the different operators provide each
manufacturers a set of principles of good
with many different services to ensure a
practice in their commercial relations.
smooth and efficient operating supply
They have also agreed effective dispute
hai a d to i ease ea h othe s usi ess
resolution options which are less
potential. Much of the negotiation of these
adversarial and facilitate continuation of
fees is with large multinational processors,
commercial relations. In a number of
and not farmers whether small or large.
countries, such arrangements have been
But where retailers do deal direct with
able to create a highly effective dialogue
farmers, they benefit from the services
at national level between sector
retailers offer, because they lack the scale
associations.
to carry out these activities themselves.
The European Commission should make
Any service agreed between the two
sure the new law complies with EU law
parties under the conditions set out in the
draft Law should be allowed i.e. the retailer
has provided the actual service, there is
proof that the service is provided, the
retailers and supplier have agreed on the
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conditions under which the service will be
provided (e.g. price, duration, type).
To ensure a smooth transitional period for
implementing the new legal requirements
it is essential that businesses have the time
to renegotiate their contracts. A period of
12 month is the minimum required to be
able to do that. Retailers may have
thousands of contracts to be negotiated.
Competent authorities should be allowed
more discretion when dealing with
violations of the law. For example, the
competent authority should be able to
issue a warning before imposing a fine.
And as concluded by the Commission, a
fi e should e p opo tio ate to the
gravity of the conduct and its potential
ha to the i ti s .
Certain provisions are not properly defined
and need further clarification e.g. the
te s sig ifi a tl , o easo a le .
Czech Republic
Significant Market Power Act
Collection of acts No. 50/2016 of 13 January 2016 - amending Act No. 395/2009 on Significant
Market Power in the Sale of Agricultural and Food Products and Abuse thereof
The law especially discriminates large foreign
Status
retailers and wholesalers vis-à-vis local players.
Act No. 50/2016 entered into force on 6
March 2016.
The e la does t fo esee i
an objective
definition of market power that takes all
Deloitte is preparing a comprehensive
factors into consideration (beside a random
audit, preliminary findings are:
turnover threshold)
Interpretation of the law is
ambiguous, and leads to uncertainty
Amendment current law
The cap on listing fees limits food
Who has significant market power:
manufacturers to promote products
a buyer (retailer or wholesaler) has
in stores
significant market power if his turnover for
The act does not protect farmers
the sale of food and services related
against
food
thereto in the Czech Republic exceeds CZK
processors/manufacturer, and has
5 billion for the most recently finished
not changed the market structure
accounting period lasting 12 months, or
The act had no impact on prices or the
a buyer who is a controlled person has
quality of food products
significant market power if his turnover for
the sale of food and services related
Asks
thereto in the Czech Republic does not
The Czech government should make sure
exceed CZK 5 billion for the most recently
the current law is in line with EU law.
finished accounting period lasting 12
The Czech government should take into
months, in case his turnover for the sale of
account the impact assessment of CRS
food and services related thereto in the
economics.
Czech Republic together with the turnover
The Czech government should ensure
of the controlling person for the sale of
legal certainty for investments and
food and services related thereto in the
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Single Market Barriers Overview
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Czech Republic exceeds CZK 5 billion for
the most recently finished accounting
period lasting 12 months, or
a purchasing alliance has significant
market power when the joint turnover of
its members for the sale of food and
services related thereto in the Czech
Republic exceeds CZK 5 billion for the most
recently finished accounting period lasting
12 months.
etaile s a d
holesale s
usi ess
models.
The Commission should assess if the
current law is in line with EU
Other provisions
No distinction between economical
dependencies.
Breaches do no longer have to be
considered permanent and having the goal
to, or effecting significantly the
competition in the relevant market - all and
any breaches can be fined up to 10% of
turnover of company or group.
Restriction
of supplie s fi a ial pa e ts
of food deliveries to a retailer or
holesale . It s defi ed that the total su
of a supplie s fi a ial pa e ts a ot
e eed % of the supplie s a ual
turnover for the last finished accounting
period of 12 months for food delivered to
individual retailers or wholesalers.
The purchase price for food products
cannot be valid longer than 3 months from
the date of the first food delivery, for
which the purchase price has been agreed.
There is also a list of concrete activities,
which are considered as abuse of
significant market power. Also other
activities can be considered as abuse
according to the Czech Antimonopoly
Offi e s e aluatio .
Implementation of supplier audits by
retailers.
Payment targets are set for all supplier
contracts at 30 days after delivery.
Companies whose annual financial
statement must be, according to law,
annually reviewed by an auditor must
publish information on payment terms for
their suppliers.
There is a list of prohibited activities which
is only illustrative and thereby which
creates legal uncertainty.
Ban of door-to-door sales at local level
According to Article 18 (3) of Act 455/1991
Status
on trade licensing, a municipality may
The Trade Act is in force since 2 October
prohibit the selling of goods and services
1991.
carried away from business premises.
An increasing number of municipalities
continue to adopt local bans.
On this basis, many Czech municipalities
have already adopted local decrees
Asks
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Single Market Barriers Overview
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prohibiting or restricting off-premises
sales.
The wording of the local bans varies
depending on the municipalities, resulting
in uncertainty for traders. Sellers are
prevented from operating in large parts of
the country, due to lack of legal clarity.
According to a recent research, off-
premises selling is banned in areas
o e i g o e tha
% of the ou t s
population. Cities like Brno, Ostrava,
Karlovy Vary, Plzen, and the capital,
Prague, are under such ban.
The percentage is most likely to be higher
since a pattern emerges when taking into
account the population of the city; the
smaller the community, the more likely it is
to have bans or restrictions against off-
premises contracts.
By assessing the scope of the different
local bans it becomes clear that all
different kind of off-premises sales are
prohibited or restricted except for the
main problematic one: sales excursions.
Many of these sales excursions events are
unfair and aggressive, thus forbidden by
Directive
2005/29/EC
on
Unfair
Commercial
Practices.
Directive
2011/83/EU on Consumer Rights also
protects consumers in respect to contracts
negotiated away from business premises
by bringing a single set of common core
rules for off-premises sales.
Another constraint in the Czech Republic
elates to a a dato t o eeks p e-
registration notice for direct sellers. The
Czech Trade Inspectorate obliges sales
agents to provide local authorities
information related to sales events such as
the agenda of the venue, the number of
participants, and other elements.
This
compulsory
pre-registration,
particular to direct selling is discriminatory,
creates an unnecessary burden for the
trader, restricts face-to-face contact and
li its the selle s e o o i pe fo a e.
The bans are discriminatory, go against EU
law, diminish consumer choice and drive
down
economic
growth
and
competitiveness.
The Commission should ask the Czech
Government to bring the Trade Act in line
with Directive 2005/29/EC and Directive
2011/83/EU.
The Czech government should ensure
effective means for authorities to enforce
compliance with the law and penalize
rogue traders with deterring sanctions.
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7-day
payment ban for “organised events” –
Act nr 378 on
Consumer Protection
According to paragraph §20b (1) of Law nr.
378 on Consumer Protection, amended on
9 December 2015, a trader selling products
o se i es th ough a o ga ised e e t
cannot accept any payment within 7 days
after the conclusion of the contract. This
obligation also applies to pre-payments or
any other charges.
Such ban is burdensome because it
a) goes against the business model of
direct selling companies;
b) disrupts the collection of payments
done by self-employed entrepreneurs,
a majority of them working under a
commission-based system; and
c) potentially increases the risk of
unnecessary cancellation and refund
of products purchased, resulting in a
negative impact on job creation and
economic growth.
According to paragraph §20b (2), non-
compliance with the above-mentioned
provision is considered to be a serious
breach of the Consumer Code and is to be
punished accordingly.
Directive 2011/83/EU on Consumer Rights,
under Article 9 (3), states that Member
States may maintain existing national
legislation prohibiting the trader from
collecting the payment from the consumer
during the given period after the
conclusion of the contract. However, since
the 7-day payment ban in the Czech
Republic dates from end 2015, such
national provision falls outside of the
scope of the Directive and is clearly not in
line with the EU consumer acquis.
Furthermore, this national provision goes
against the level of harmonisation brought
by Article 4 of Directive 2011/83/EU, which
forbids Member States to introduce
diverging provisions to ensure a different
level of consumer protection, unless
otherwise provided for in this Directive.
Any penalties laid under this national
provision are also an infringement of the
Consumer Rights Directive.
Status
Paragraph § 20b of Law nr. 378 on
Consumer Protection is in force since 9
December 2015.
Asks
The Commission should ensure the Czech
Consumer Law nr. 378 is in line with
Directive 2011/83/EU and abrogate
paragraph § 20b.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Government Decree No 172/2015 Coll on laying down
notification obligations to recipients of certain types of food
at the point of destination
Pre notification procedure fruits, vegetables
and products of animal origin
Retailers and wholesalers have to notify 24
hours upon import of certain fresh fruit,
vegetables and products of animal origin
the origin of the product
–
even from
within the EU
Some problems that may occur:
Especially for FMCG orders could be
placed within hours due to supply and
demand. A 24h pre notification is an
unnecessary delay
Especially in border regions this causes
problems
If fresh products are not pre notified in
time the supplier needs to wait at the
border until the 24h deadline has
passed (truck would need to keep
engine running for functioning of the
cooling system)
The decree should have been notified
according to the procedure laid down in
directive 98/34/EC
The notification procedure hinders the
free movement of goods in a
disproportionate way
The procedure is an infringement of the
Official Controls Regulation ((EC) No
882/2004) which only provides the
possibility to check products after arrival
The procedure is creating unnecessary
administrative burdens and high costs,
without clear benefits for consumers
Status
Entered into force 1 August 2015
Asks
The Commission should asses if the decree
is in line with EU law.
The Czech Republic should suspend the
obligation and notify it according to the
procedure laid down in Directive (EU)
2015/1535
France
General obligation of conformity
Article L212-1 Consumer Code
Currently importers must ensure that all
Status
products placed on the European market are
Law in force.
compliant and safe.
Ask
For harmonised products, they must ensure
Greater enforcement of the Regulation
that the appropriate procedures have been
765/2008: Member States must take
applied by the manufacturer.
account of the reports issued, provided
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Report
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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For non-harmonised products, compliance
with national regulations and the obligations
listed in order of importance in the General
Product Safety Directive applies.
The French GIFI ruling says:
Imported goods must be inspected after
their arrival in the country, consequently,
the French authorities do not recognise
test reports prepared by accredited
organisations outside the EU or even
outside France.
Failure by the importers to carry out their
own inspection goes against French law. As
a result, importers are obliged to carry out
their own inspections in France.
To overcome the difficulties of applying
the principle of mutual recognition, the
European Commission undertook its
codification.
Therefore,
Regulation
765/2008 stipulates that Member States
must take account of the reports issued,
provided that the laboratories were
audited by an accredited organisation.
These laboratories could therefore be in
China - examples are LCIE and UTAC labs
whose Chinese subsidiaries received
accreditation from the COFRAC (the French
accreditation body) where their reports
must be taken into account by the market
surveillance authorities.
Yet, in France, the GIFI arguments for the
need to test products in France are further
confirmed by recent audits -excerpt from a
letter from the DGCCRF
(audits of the
regional directorates of the DGCCRF - 2015
- 2014 - 2013.)
Consequently, most businesses act in
compliance
with
these
national
requirements and very few of them use the
right of recourse available at national or
European level.
that the laboratories were audited
organisations outside the EU or even
outside France.
Better recognition of the presumption of
conformity applied on the European
market. It also implies a better recognition
of tests of compliance by certified
laboratories prior to importation.
Find an effective way to step up the
application of the principle of mutual
recognition, specifically to recognise test
reports issued by market surveillance
authorities
Create a European base of definitions and
responsibilities that is not open to
interpretation.
Based on the compromises obtained
during the legislative process for the draft
Safety Package, we propose to level the
playing field around on key issues sur as
the defi itio of pla i g o the a ket .
Label on construction and wall/floor decoration products of
VOC emission class (A+, A, B, C, D)
Environmental Code Art.L221-8: Art.180 of Law 2010-788 of 2010 July 12th 'providing National
Commitment to the Environment (Law "GRENELLE II")
Decree no 2011-321 of 23 March 2011 and Order of 13 May 2011 - relating to the labelling of
construction products, wall or floor coverings and paints and lacquers with their volatile
pollutant emissions
Products need to be relabelled specifically
for the French market, increasing costs
without clear benefits to consumers.
The decree implements a mandatory
emission classification label of all
construction products and other products
used, exclusively or otherwise, indoors,
Status
Law in force.
Ask
The French government should abolish this
unnecessary mandatory national labelling
requirement that fragments the internal
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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based on emission testing, starting in
2012.
The decree introduces an obligation to
indicate on a label, placed onto the
product or its packaging, the volatile
emission pollutants when the product has
been incorporated into the building or
applied on a surface.
The label on the products includes a large
letter indicating the highest (worst)
emissions class of the listed individual
substances and the TVOC.
The label must be 15 mm x 30 mm
minimum, coloured or black & white. It
includes a mandatory wording, in French:
"Indoor air emissions" ("émissions dans
l'air intérieur").
market and hinders the free movement of
goods. Besides, the different classes may
not be understood by customers in various
countries. The classes may be in
contradiction with other existing rules in
other countries.
The Commission should examen which
mandatory information requirements are
really necessary and allow businesses to
p o ide i e to k o
i fo atio
ia
modern digital technologies without
overloading consumers with information
they cannot absorb.
Example
The label must be accompanied with a legible
sentence, in French:
English: "*Information about the indoor air
emissions of volatile substances posing an
inhalation toxicity risk, on a scale from A+
(very low emissions) to C (high emissions)".
F e h"* I fo atio su le i eau d é issio
de su sta es olatiles da s l air
intérieur,
présentant un risque de toxicité par
inhalation, sur une échelle de classe allant de
A+ (très faibles émissions) à C (fortes
émissions).
Emission classes are based on their emissions
after 28 days tested in line with ISO 16000
standards and calculated for the European
Reference Room.
Possible heavy penal sanctions if the label
is issi g: € ,
pe p odu t ithout
la el € ,
/ p odu t if the o pa is
prosecuted).
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Report
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0016.png
Label on Furniture and furnishings of VOC emission class
(A+, A, B, C, D)
Environmental Code Art.L221-8: Art.180 of Law 2010-788 of 2010 July 12th 'providing National
Commitment to the Environment (Law "GRENELLE II")
Draft Decree (still under discussion) relating to the labelling of furniture and furnishings with
their volatile pollutant emissions
Products need to be relabelled specifically
Status
for the French market, increasing costs
The draft law has been notified to TRIS
without clear benefits to consumers.
(2017/22/F), and the standstill period has
The planned legislation will implement a
been extended to 20 July 2017.
mandatory emission classification label of
Italy, Latvia, Poland, Spain, United
all furniture, exclusively or otherwise,
Kingdom issued a detailed opinion,
Austria, European Commission, Germany
indoors, based on emission testing,
starting 01/01/2018.
issued comments, and a number of other
It will introduce an obligation that
stakeholders made comments too.
o e ed p odu ts ill o l e
able to
be made available on the market only if
Ask
The French government should avoid to
accompanied with a label (on product or
implement unnecessary mandatory
packaging), indicating their emission
national labelling requirement that
characteristics of volatile pollutants in the
product. In the frame of distance selling,
fragment the internal market and hinders
the free movement of goods. Besides, the
this label shall be added to the product
description. For other types of sales, the
different classes may not be understood
by customers in various countries. The
label shall be placed on the product or its
classes may be in contradiction with
packaging or in the vicinity of it so that it
other existing rules in other countries.
does not exist any uncertainty about the
p odu t to hi h it is appli a le.
The Commission should examine which
The label on the products includes a large
mandatory information requirements are
letter indicating the highest (worst)
really necessary and allow businesses to
emissions class of the listed individual
p o ide i e to k o i fo atio ia
substances and the TVOC.
modern digital technologies without
The label must be 15 mm x 30 mm
overloading consumers with information
minimum, coloured or black & white. It
they cannot absorb.
includes a mandatory wording, in French:
"Indoor air emissions" ("émissions dans
l'air intérieur").
Example
The label must be accompanied with a legible
sentence, in French:
English: "*Information about the indoor air
emissions of volatile substances posing an
inhalation toxicity risk, on a scale from A+
(very low emissions) to C (high emissions)".
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Report
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0017.png
F e h"* I fo atio su le i eau d é issio
de su sta es olatiles da s l ai i té ieu ,
présentant un risque de toxicité par
inhalation, sur une échelle de classe allant de
A+ (très faibles émissions) à C (fortes
émissions).
Emission classes are based on their emissions
after 28 days tested in line with ISO 16000
standards and calculated for the European
Reference Room.
Possible heavy penal sanctions if the label
is issi g: € ,
pe p odu t ithout
la el € ,
/ p odu t if the
company is
prosecuted).
Label to inform the consumer that the product falls within
waste-sorting instructions on all recyclable products subject
to Extended Producer Responsibility (packaging, paper,
textile, furniture…)
Decree 2014-1577 of 23 December 2014 relating to the common symbol of recyclable products
which are subject to waste-sorting instructions.
+ TRIMAN u ified re y li g sig age a d
arki g syste , User’s Ha d ook (V2.
December 2015)
Status
Law in force
Ask
The French government should abolish
this unnecessary national labelling
requirement that fragments the
internal market and hinders the free
movement of goods. Besides, the
different classes may not be
understood by customers in various
countries. The classes may be in
contradiction with other existing rules
in other countries.
Products need to be relabelled specifically for
the French market, increasing costs,
fragmenting the internal market and without
clear benefits to consumers.
The Decree is providing an obligation, as from
1st January 2015, to label with following label
all e la le p odu ts, o e ed
a
Extended Producer Responsibility scheme in
France and subjected to specific waste-
sorting instructions:
Re la le p odu ts = P odu ts that a e
effectively recycled considering the actual
te h i al a d e o o i o ditio s . The la el
has to be 1cm2 minimum, visible, legible,
indelible, not hidden.
The EEE, batteries and household chemical
waste are excluded as they must already bear
a crossed-bin label:
Alternatively, if not applied directly on the
product, the symbol may appear on the
packaging, the instruction manual or any
other media, including dematerialized.
Even though the decree itself does not
contain any sanction in case the label is not
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Report
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0018.png
applied (sanction planned in draft text was
removed after TRIS Notification and
comments from Commission and other
countries), as the Decree was transposed into
the Environmental Code, not applying the
symbol.
NOTE: Even though the decree itself does not
contain any sanction in case the label is not
applied, (sanction planned in draft text was
removed after TRIS Notification and
comments from Commission and other
countries), the legal risk is real and possibly
high if symbol is not properly used.
In the final French Decree published in 2014
in the French Official Journal, the sanctions
initially included in the draft notified to the
EU Commission were removed due to issue of
comments by Belgium, Italy, Netherlands,
Slovakia and issue of detailed opinion by
Commission, Luxembourg, Portugal, Spain,
United Kingdom.
But it appears that France has found a way to
go around the problem by referring to a
general
provision
present
in
the
Environmental Code. That provision provides
hea pe alties fi e up to €
.
a d
-
year imprisonment) in case of non-
compliance to certain requirements of the
same Code, including the one referring to
Ti a s
ol.
This is lea l spe ified i the TRIMAN Use s
Handbook (Dec.2015) edited by the Ministry
of Environment:
Europe.
The Commission should examen which
mandatory information requirements
are really necessary and allow
businesses
to p o ide i e to k o
information via modern digital
technologies without overloading
consumers with information they
cannot absorb.
That is creating a very high legal risk for EU
companies selling concerned products on the
French market.
If we consider that the FR decree states that there
must not be labels confusing with the French
symbol, the difficulties will come if one product is
submitted to various labels due to various
legislations or standards within.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Report
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0020.png
Germany
State planning laws for state plans/state planning programs
and regional plans
Establishment
restrictions
–
urban/commercial planning:
The establishment of any business (incl.
industry, services) has to be in line with the
German system of spatial planning and
zoning legislation consisting of different
federal, state and regional laws and
regulations.
This legislative framework - including the
planning rules - aims to ensure the vitality
of city centres and an optimal supply for
the population of all regions in Germany.
All retail formats can be established in city
centres, including large scale retail. Large
scale retail must be subject to defined
rules based on the usually considerable
external effects or attracting force: The
large scale retail may not impair
neighbouring municipalities (Prohibition
of
Impairment),
must be situated at
integrated urban locations (Integration
Principle) and its catchment area may not
materially exceed the city and surrounding
area (Congruency Principle).
Large scale retailers who wish to build
outside central supply areas have to limit
their centre-relevant range.
Regional plans often restrict the
municipality's right of planning/permitting
retailers of more than 1200 m
2
floor space
and 800 m
2
sale space with the reason that
they can have a negative impact on the
supply structure for consumers in the
region.
Exceptions are possible subject to a case-
by-case
assessment
following
a
standardised procedure.
The European Commission and two
companies claim that in some regions the
urban planning rules conflict with the
principle of freedom of establishment and
infringe the Services Directive by applying
economic criteria to allow retail permits.
The Commission should:
Carry out regular checks that regional
urban planning rules are in compliance
with EU legislation and the principles of
the Single Market ;
Ensure that restrictions to the freedom of
establishment are proportionate, non-
discriminatory and necessary;
Collect best practices of (regional) urban
planning rules in each Member State to
ensure optimal supply of the population,
contribute to the preservation of vibrant
city centres and promote a high diversity
of retail formats, while respecting EU
legislation on freedom of establishment;
compare these best practices at EU level
and use them as guidance to assess
compliance with EU legislation.
Status
EU-infringement proceeding against Germany
started in 2009. A second letter of formal
notice was sent to Germany in June 2015. No
follow-up since then.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0021.png
Act
on
the
Protection
(Kulturgutschutzgesetz)
Free movement of (cultural) goods:
The new law disproportionately hinders
the free movement of goods, and hinders
retailers when trading cultural heritage
goods.
The new law appears to be a legal
instrument protecting national cultural
property and cultural heritage, in similar
terms to those already existing in other
Member States, covered by the same
Treaty rules and exemptions to the
principle of free movement of goods in the
internal market.
However, there are a number of issues:
-
The new law does not respect the
balance between the protection of
cultural property and the principle of
free movement of goods accepted by
the EU Treaties,
-
imposes
unjustified
and
unmanageable legal and economic
burdens on all persons legitimately
trading art or other cultural properties
like antiques, paintings or coins,
-
results in new restrictions to the right
to free movement and residence of
Union citizens within the European
Union,
-
turns Germany and its private traders
and
collectors
into
unilateral
ustodia s of the o ld s ultu al
heritage, including the cultural
heritage of all other EU Member
States.
of
Cultural
Property
Status
Law in force since 6 August 2016
Ask:
German government should change the
text of the provision to ensure the
provision is proportionate, justified and in
line with the free movement of goods and
services.
Commission should ask the German
government bring the law in line with EU
law.
Greece
National and local planning laws
Establishment restrictions
–
The Commission should:
Ensure that restrictions to the freedom of
urban/commercial planning:
establishment
are
proportionate,
Necessary to obtain an approval of
appropriate and necessary, and that city
environmental terms in order to obtain a
centre relevant range limitations,
building permit for projects over 20,000
arbitrary size limits, planning permits that
m
2.
2
limit and new products, are avoided
Retail shops above 1,500 m need an
approval from the region and/or the
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0022.png
municipality in order to operate outside
the greater Athens and Thessaloniki areas.
Set up an expert group (with retail
expertise) to develop guidelines aimed at
harmonising interpretation and practices
Act more rapidly on infringement cases by
strengthening enforcement control and
speeding up infringement procedures
Carry out regular checks that national
legislation is in compliance with EU
legislation and the principles of the Single
Market.
Hungary
Amendment on labelling of alleged dual quality foods of Act
XLVI of 2008 on the food chain and the official supervision
thereof
Burdensome labelling requirement without
clear benefits for consumers
the manufacturer and the distributor shall
label the food or feed placed on the market
in Hungary with different ingredients or
with a different ratio of ingredients than in
countries outside Hungary but with the
same brand name and appearance with a
relevant distinctive warning.
It is a violation of Free Movement of Goods
and the Food Information Regulation (EU)
No 1169/2011. Member States may
impose restrictions based on overriding
reasons of public interest which are not at
stake here.
[The food chain authority shall] control the
quality, ingredients and packaging of food
chain products for consumers, paying
particular attention to cases where the
ingredients or the ratio of ingredients in
the given product of a manufacturer differ
from the same product placed on the
market in any other country outside
Hungary.
It is unclear how the Hungarian competent
authorities would be able to enforce the
decree without a significant increase of
resources checking all the products in and
outside of Hungary
Status
The Hungarian government notified the
draft measure to TRIS (2017/199/HU)
The European Commission extended the
TRIS standstill period with 3 months to 20
November 2017
Asks
The Hungarian government should
withdraw the proposed amendment
The Hungarian government should await
the outcome of the Commission
investigation
via
the
Consumer
Protections Corporation Network and the
discussions in the High Level Forum for a
Better Functioning Food Supply Chain
The European Commission should
carefully assess the amendment and
ensure compatibility with EU law
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0023.png
Number of new announced
‘restructure’ the retail sector
New possible infringements announced of
freedom of establishment, free movement of
goods and competition law
The package would cover very different of
measures, but would all together be very
restrictive and burdensome for foreign
retailers active in the Hungarian market.
1. Introduction of consumer protection
supervisory fee
2. New definitions of discount stores and
small supermarket
3. Prohibition for stores bigger than 400m2
to sell bulk packaged products, excluding
fruits, vegetables and drinks
4. Retailers cannot spend more than 0.5% of
their
p e ious ea s o solidated
annual
turnover on advertising, including free bus
transport for customers
5. Obligation to employ for every HUF 36m
€
,
tu o e o e e plo ee
6. Parking space tax (pollution prevention
fee) for stores probably bigger than
2,
. Ai ed e e ue HUF
€
7. At least 2 times a month employees should
have a Saturday and the next Sunday off
8. Sunday wage supplement of 100%
9. Appointment Government Commissioner
supervising legal measures
10. Appointment of Vice President to the
Hungarian Competition Authority in
charge of unfair commercial practices
restrictive
measures
to
Status
The ideas were circulating in the media in
Spring 2017. Publication of a draft laws
addressing certain measures that were
circulated are expected soon.
Asks
The Hungarian government should ensure
legal certainty for all businesses and
compliance with EU law
The Commission should proactively ensure
any new measure is in line with EU law
Restriction establishment - Act CXII of 2014 on Modification
of Act CLXIV of 2005 on Trade in connection with operation
of undertakings in the interest of fair market practice
Restrictions freedom of establishment World
Heritage areas
Definition
of
hypermarkets
and
supermarkets was extended with
wholesale activity.
World Heritage: it is prohibited to establish
and operate discount stores (400 m2 and
above), supermarkets (2,500-5,000 m²) or
hypermarkets (5,000 m² and above) on
places belonging to the World Heritage
defined by a separate law. Current stores
may be operating until January 1st, 2018.
Status
In force since 1 January 2015.
Asks
The Commission should analyse if the
restrictions to establishment are lawful,
justified and proportionate and if the
policy objectives of this law cannot be met
by other less burdensome means.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0024.png
Ban on loss-making - Act CXII of 2014 on Modification of Act
CLXIV of 2005 on Trade in connection with operation of
undertakings in the interest of fair market practice
[solved]
The Hungarian government is repealing the
Status
Amendment on the Act adopted entered
law by 31 December 2018.
into force on 1 January 2015.
Commission
opened
infringement
Discriminatory rules against foreign retailers
proceeding 25 February 2016.
Profit rule:
Repealed by 31 December 2018
Commercial businesses that:
a. generate more than half of its
Ask
revenues from the sale of fast-moving
The Hungarian government should
withdraw the law in question, since it is
consumer goods.
disproportionate and compels companies
b. have net sales revenues in two
to close that do not generate profit within
consecutive business years of at least
two years.
HUF 15 billion (EUR 50 million) per
The Hungarian government should instead
year.
create legal certainty for all businesses and
ensure fair competition within the retail
c. have zero or negative balance sheet
market
profit in both years
may not conduct
any retail activity after the approval
The Commission should assess if the law is
in line with EU law.
of the profit report of the second
business year
as defined in section b).
Exception: The above rule is not applicable
in the first four business years after the
establishment of the company
No exemption in the bill for Hungarian
retailers. Yet, Hungarian chains operate as
separate franchises, which could allow the
parent chain to bypass the rule. However,
all multinational retail chains operating in
Hungary have annual revenues above HUF
15 billion a year.
The new legislation distorts business
competition in the Single Market and can
become a trade barrier and hinder
investments.
New “Plaza Stop” Act / Build
Environment Act
Restrictions retail establishment
Based on the amendment to Act LXXVIII of
1997 on the Build Environment the
Government issued a decree setting out
the technical, environmental, etc.
conditions to constructing retail units with
a surface greater than 400m².
In practice, this could
a. hinder retailers to construct new
supermarkets or hypermarkets on
lands already purchased;
b. for the same reason, lower the
market value of land already
purchased;
Status
The Decree is in force since 1 February
2015.
Asks
The Hungarian government should make
sure that the application of the law is
justified and proportionate.
The Commission should asses if the law is
in line with EU law.
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c. generally hinder retailers to construct
further
supermarkets
or
hypermarkets; and
d. hinder
retailers
to
extend/develop/refurbish
already
existing
supermarkets
or
hypermarkets.
Act XCV of 12 October 2009 on the Prohibition of the Unfair
Distribution Practices conducted against suppliers of
agricultural and food industry products
Restrictions to contractual freedom:
The agreement of terms of contract which
transfer the one-sided risk from the
retailer to the supplier.
Listing fees.
Shifting the costs for logistics to the
suppliers.
Fee for the positioning of the products at
a certain place within the markets.
Payment targets of over 30 days after
delivery for all food products.
In case of late payment the trader has to
pay twice the interest rate of the Central
Bank; the supplier may unilaterally
withdraw the interest from the bank
account of the trader.
Contractual exclusion of default interests
or contractual fines or contractual
secondary conditions of the retailer (the
retailer is obliged to agree to such clauses
if the supplier so wishes).
Apply the same profit margins to
Hungarian agricultural products
–
considered to be the same based on their
composition and organoleptic properties -
as they apply to non-Hungarian
agricultural products of the same type.
Sale below purchase price.
Status
The law is in force since 1 January 2010.
Amended 1 August 2012 by Act LXXXIX of
2012.
Asks
The Hungarian government should abolish
the amendment mentioned above that
discriminates against foreign products.
The Hungarian government should create
and ensure legal certainty for all
businesses. The restriction of contractual
freedom can hinder existing genuine
business models in the Single Market and
therefore become a trade barrier and
hinder investments.
The Commission should assess if the law
complies with EU law
Act CLXVIII of 20 December 2010 on change of certain laws
affecting the food retail sector
Obligations in contrast to general principles
of confidentiality:
The retailer has to publish the general
contractual conditions of the supplier
contracts on the internet or in a space
accessible to consumers and has to send
this to the agricultural administration
body (National Food Chain Safety Office).
The retailer of a certain size is obligated to
publish in his business report the content
of the services of the retailer to the
Status
The law is in force since 1 February 2011.
Asks
The Hungarian government should create
and ensure legal certainty for all
businesses. The restriction of contractual
freedom can hinder existing genuine
business models in the Single Market and
therefore become a trade barrier and
hinder investments.
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supplier, the conditions for the delivery of
these services, the maximum amount to
be paid for its services.
The obligation to create and publish a
business report does not refer to a retailer
whose net revenue in the previous year
did not exceed 20 million Hungarian
Forint.
In case of breaches, the agricultural
administration body can order a penalty
of between 100,000 and 500,000.000
Hungarian Forint, not exceeding 10% of
the t ade s et tu o e f o
the
financial year previous to the date of the
ruling establishing the infringement.
Recourse to legal action for retailers is
limited to one instance (with no recourse
to appeal).
The observation and enforcement
authority
is
the
agricultural
administration body, for which the
suppliers in the food industry can be
considered as being part of its clientele.
Due to the many undefined legal terms
the agricultural administration body has a
large scope of discretion.
The Commission should assess if the law
complies with EU law
Significant Market Power - Act CXII of 2014 on Modification
of Act CLXIV of 2005 on Trade in connection with operation
of undertakings in the interest of fair market practice
Presumption of dominant market position
Status
A conclusive legal presumption was introduced
Entered in force 2 January 2016 meaning
under which
all
retailers with net sales revenue
the provision will be applied on the basis
from retail activities in excess of HUF 100
of the 2015 results of the retailers.
billion (approx. EUR 333 million) have a
dominant market position.
Asks
For example, a company in a dominant market
The Hungarian government should
position is prohibited from
safeguard that the law is justified and
proportionate
a. restricting production, distribution or
The Commission should assess if the law is
in line with EU law and does not hamper
technical development to the detriment of
competitiveness in the Hungarian market.
final trading parties;
b. refusing to establish or maintain business
relations adequate for the nature of the
transaction without any justification;
c. influencing the other party's business
decisions for the purpose of gaining
unjustified advantages;
d. rendering the supply and acceptance of
goods contingent upon the supply or
acceptance of other goods, or to render
the conclusion of a contract conditional
upon undertaking any commitment which,
due to its nature or with regard to the
usual contractual practice, does not form
part of the subject of the contract;
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e. in connection with transactions of an
identical value or of the same nature,
discriminating against certain business
partners without due cause, including the
setting of prices, payment deadlines,
discriminatory
sales
or
purchase
conditions or the employment of methods
which cause disadvantage to certain
business partners in the competition;
f. forcing competitors off the relevant
market, or to use excessively low prices
which are based not upon better efficiency
in comparison to that of the competitors,
so as to prevent competitors from entering
the market; etc.
If any of the above conducts were established
in connection with a given retailer, it would
automatically be found to have infringed
competition
regulations
without
the
Hungarian Competition Authority having to
prove that the given retailer was at the same
time also in a dominant market position.
Hungarian Community Marketing Fund operated by the
Milk Board- FM Decree No. 2/2015 (II.66)
O
Fe ua
, Hu ga s Mi iste of
Agriculture issued a decree that obligates
wholesalers, retailers and milk processing
entities operating in Hungary to pay a
contribution to the Community Marketing
Fund operated by the Milk Board, the
association of the Hungarian milk industry, to
promote the consumption of milk. The levy to
be paid is based on the total turnover of milk
and milk products i.e. milk produced in and
outside Hungary. The Milk Board, however,
grants an exemption from the obligation to
pay the levy to those entities that they
su s i e as use s of the Milk Boa d s
trademark for milk products. The levy
discriminates foreign milk for the following
reasons:
Entities with high turnovers are
incentivised to opt for the use of the Milk
Boa d s t ade a k hi h a ot e eed
HUF 5m per year) instead of paying the
levy (which amounts to 0,05 percent of
turnover of milk and milk products).
Wholesalers and retailers may only
su s i e as use s of the Milk Boa d s
trademark if milk and milk products of
non-Hungarian origin amount to less than
half of their turnover of such products.
The Milk Boa d s t ade a ks a e o l
available for milk and milk products that
were produced in Hungary.
Status
In force from 15 February 2015 until 31
December 2017.
Asks
The Hungarian government should abolish
the discriminatory practices
The Commission should ensure that levy is
in line with EU law.
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This is an infringement of the free
movement of goods.
Italy
Ministerial Decree for labelling October 14, 1981
Labelling requirements
Need for labelling in Italian of all products
containing down and feathers that they
comply with the legislation.
L i ottitu a
è stata sottoposta al procedimento di
bonifica di cui al D.M. 10/11/76 e D.P.R. N.
del / /
The laws limits the free movement of
goods.
Status
In force
Asks
The Italian government should abolish this
unnecessary
national
labelling
requirement that hinders the free
movement of goods.
The Commission should ask the Italian
government to abolish the labelling
requirement.
Health Ministry decree of 21 March 1973 on "Hygiene rules
for packaging, containers and utensils intended to come
into contact with foodstuffs or personal-use products",
relating exclusively to stainless steel.
Italia autho ities do t appl the
principle of mutual recognition for foreign
stainless steel products, thereby
fragmenting the internal market and
creating additional costs without benefits
to consumers.
In the absence of harmonised EU
legislation, the guidance document
published by Council of Europe in the
Resolution CM/Res(2013)9 on metals and
alloys used in food contact materials
articles is a strong and valid tool to ensure
safety for consumers.
CM/Res (2013)9 offers a well-documented
and in-depth guidance in order to ensure
compliance with Article 3 of Frame
Regulation (EC) No 1935/2004.
The 1973 Decree stands in conflict with
the metal ions migration limit values given
in CM/Res (2013)9. The Decree has a
default of 0.01 ppm for three metals ions
(Cr, Ni, Mn), while CM/Res (2013)9 has
settled different release limits for 21
metals ions based on toxicological
evaluations. The conflict in limits creates
confusion and makes it difficult for
Status
In force.
TRIS notification 2015/213/I
Ask
Italian authorities should apply the
principle of Mutual Recognition when
assessing the presumption of conformity
applied on the European market. It also
implies recognition of tests methods and
test reports of compliance by certified
laboratories.
EuroCommerce believes that a strong
alignment and consistency of Italian
legislation with CM/Res (2013)9,
signed
also by the Italian authorities,
would
ensure an equal level of safety to
consumers and at the same time
efficiency for economic operators.
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business operators to relate to one or the
other.
A second complication arises when the
1973 Decree stands in conflict with
CM/Res (2013)9 in terms of selected food
simulant for acidic food and test principal.
In CM/Res(2013)9 the appointed acidic
food simulant (citric acid 5 g/L) is based
on new and thorough scientific
evaluations so that it represents real food
in a more realistic way.
The CM/Res (2013)9 also introduces a
new approach when it comes to the
measuring of the surface area based on
the determination of the rectangular box
enwrapping the food contact part of an
article.
As the Decree 1973 is not aligned with
CM/Res(2013)9 in its methodology and
we understand that a growing number of
Member States are aiming to implement
the guidance in their national legislation,
the business operators will be obliged to
perform two different kinds per product.
In our view this is very inefficient and
costly.
In addition, recently a new obligation was
introduced to notify (by July 31, 2017 for
each store) to the health authority the
trade of any food contact materials such
as steel, plastic, glass, rubber, adhesives,
cork, resins, inks; tissues, paper,
cardboard, wood, etc. (Article 6 of
Legislative Decree 29/2017 - named
"MOCA notification"). This obligation is
perceived as very burdensome and
hindering the free movement of goods
DECRETO LEGISLATIVO 25 novembre 2016, n. 222
Individuazione di procedimenti oggetto di autorizzazione, segnalazione certificata di inizio di
attivita' (SCIA), silenzio assenso e comunicazione e di definizione dei regimi amministrativi
applicabili a determinate attivita' e procedimenti, ai sensi dell'articolo 5 della legge 7 agosto
2015, n. 124.
Unclear powers for municipalities restricting
Status
In force since 28 August 2015
services activities
Article 1, paragraph 4, of the decree gives
municipalities the power to restrict
Asks
authorisation for services activities in
The Italian government should ensure
areas, if these activities are incompatible
that all authorisation procedures applying
with the preservation of cultural heritage,
to retail within the meaning of the
after agreement with the Region, Minister
Services Directive are properly justified,
of Cultural Heritage and Minister of
proportionate and non-discriminatory
Tourism, and possible consultation of
The European Commission should assess
stakeholders.
if the provision is in line with EU law
Protecting cultural heritage is a legitimate
public interest, but the decree is unclear
on how a municipality should guarantee
its decision not to grant an authorisation
is proportionate and non-discriminatory.
Therefore, the provision creates legal
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uncertainty for retailers and it is unclear
what conditions a retailer should meet to
obtain an authorisation.
For example:
In Florence stores must have an
assortment of almost 50% of Tuscan
products;
Rome has prohibited new retail
activities in UNESCO World Heritage
Areas, obliges retailers to sell specific
products or certified products
(Protected Designation of Origin,
Protected Geographical Indication),
including labelling requirements;
Genoa prohibits new retail activities
in the historical centre (also UNESCO
World Heritage) and an obligation to
display the list or raw materials used
Luxembourg
Territorial Supply Constraints
Restrictions of the cross-border supply of Asks
goods
The Commission should ensure the
Retailers are not always free to choose the
application of Single Market principles,
procurement platform. These constraints:
including parallel importing, by all
Mostly lead to higher procurement prices
operators, including suppliers, so that
on the wholesale market and therefore
consumers can truly benefit from it;
higher consumer prices.
The Commission should act on
Can result in an extension of the delivery
infringement cases.
times.
Can restrict the choice of products, which
makes it difficult to meet consumer
demand within the local market.
In practice this means that Luxembourger
retailers and wholesalers are obliged to
source an identical product available in
neighbouring markets from, for example,
the Belgian market for a higher price than
it is available for in the French and
German market.
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Poland
Act on Retail Sales Tax
–
planned for 2018
Discriminatory and disproportionate tax
The proposal entails:
-
The tax would only apply to retailers
-
Franchisees are exempt
-
Online sales are exempt
-
Monthly turnover of less than 17M
Zloty would be exempt from the tax
-
Monthly turnover of 17M to 170M
Zloty would be subject to a 0.8 % tax
-
Monthly turnover exceeding 170M
Zloty would be subject to a 1.4 % tax
-
At this stage, the applicability of the
measure does not seem to be subject
to any expiry.
The tax would not apply to online sales
The tax is discriminatory because it would
mainly affect large foreign retail chains and
would set market players with large stores
on a competitive disadvantage vis-à-vis
retailers with smaller stores, franchise and
online.
The tax might have a negative impact on
economic growth and jobs.
Status
The Commission has concluded the tax
constitutes unlawful state aid.
The Polish government may still appeal
Application tax postponed ot 2018
Asks
The Polish government should ensure that
any law is justified, proportionate and
non-discriminatory. This will foster
competition to the benefit of Polish
consumers.
The Commission should make sure the tax
is not applied in a discriminatory way
Shopping mall tax - Polish Corporate Income Tax Act
Discriminatory tax against mostly foreign-
based owners of big shopping malls
Among others, the tax introduces a
monthly levy of 0.042% on the owners of
shopping malls and large shops
(commercial properties) that have a value
of o e tha PLN
~€ ,
In practice most bigger shopping malls and
stores are owned by foreign investors,
including foreign retail chains, which will
pay most of the tax and making it
discriminatory vis-à-vis smaller local
players
Status
The law came into force on 1 Jan 2018.
Asks
The Polish government should ensure that
any law is justified, proportionate and
non-discriminatory. This will foster
competition to the benefit of Polish
consumers.
The Commission should assess if the tax is
proportionate, non-discriminatory and
does not constitute unlawful state aid
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Law on combating abuse of market power in contracts on
purchasing farm and food products
The law aims to eliminate unfair practices
in food and introduces preferential
treatment for food suppliers: protection
moved from common courts to an
administrative authority (UOKiK). Suppliers
of other products still need to seek redress
via common courts
Every entrepreneur who suspects abuse of
market power could report this to the
Antimonopoly Office who are obliged to
start an investigation.
The law affects buyer and supplier equally,
but the Antimonopoly Office said this law is
aimed at large retailers and not suppliers
The new law will apply if the total value of
trade in the year of investigation or 2 years
before will exceed 50,000 PLN (12,000
EUR) and the turnover of the supplier or
purchaser exceeded 100 m PLN (23 m EUR).
Competent authorities would have the
power to demand access to all necessary
documents, access to buildings and
transport means.
Non-cooperation could be find up till 50 m
EUR.
The maximum penalty for violation of the
law would be up till 3% of the turnover of
the year before the punishment if the party
unintentionally violated the law.
Status
The law is in force since 12 July 2017
Several investigations into dairy and
butter prices have been initiated
Asks
The Commissions should assess if the law
is in line with EU law and ensure the law is
justified, proportionate and non-
discriminatory
Act on Combating Unfair Competition
Unfair benefits for suppliers:
The interpretation of the civil courts: in order
to remove all entrance barriers to the market
place for suppliers, all agreements with terms
on anything but retail margins are not
permitted:
All suppliers who have demanded back
paid conditions have been awarded those
by the courts.
Modern, competition orientated retail is
not possible any longer as e.g. different
services and strengths of the different
retailers can no longer be taken into
account via conditions.
The current business model based on
conditions is not workable any longer,
transition to n/n prices in necessary. It can
be assumed that the market and the pricing
structures will become more transparent
and as a result competition will be
hindered.
Paradoxically it can be assumed that the
court decisions are in fact hindering some
Status
The Polish government is working on a
definition for discounters in relation to
limit retailer brands
Asks
The Polish government should ensure a
fair and neutral jurisdiction according to
EU law.
The Polish government should ensure
legal certainty to assure investments and
espe t fo etaile s usi ess odel.
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suppliers from entering into the market as
e.g. the risks of listing a new product
floppi g fo etaile s a
o lo ge e
balanced between retailers and suppliers
by conditions (e.g. through sales increasing
measures).
Law against unfair competition includes
rule which stipulates that the ratio of own-
brands in dis-count supermarkets cannot
make up more than 20% of the overall
product range. Due to lacking definition
and details this rule is not applicable in
practice.
Portugal
Food Safety Tax
Article 9 of Decree-Law 119/2012
Discriminatory tax, possibly constituting
unlawful state aid
A ual ta o food etaile s i etu fo
the gua a tee of food se u it a d ualit
ith a a ual e e ue of a out €
Exempt are food retailers with a sales area
smaller than 2000m2 and micro-
enterprises
The revenue of the tax go the Sanitary and
Food Safety Fund (FSSAM), which is a state
fund
The Fund´s activities - e.g. official food
safety controls, support prevention and
eradication of animal and plant diseases
and encouraging qualitative development
of agricultural products - mainly benefit
the economic activity of agricultural
producers (farmers) and which costs
should thus normally be borne by them
and not by retailers
Status
In force since 2012
26 July 2017, the ECJ issued a preliminary
ruling (Case C-519/16), but lacked
sufficient information from the referring
Portuguese Court to define if the tax is
discriminatory and distorts competition
Asks
The Portuguese government should make
sure the tax is in line with EU law
The Commission should ensure the tax is
in line with EU law
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Romania
Act 150/2016 of 18 July 2015 on Food Trade
Current amendments under discussion
A requirement to source 51% of
merchandise volumes in core product
categories via the short supply chain.
Obligation to display and promote
Romanian products.
The te
sho t suppl
hai
is ot
sufficiently defined and thus creates legal
uncertainty for the trading companies.
Payment term from 60 days to 30 days. For
fresh products the payment term is 7 days.
This is very short and the definition of fresh
products is very broad and includes e.g.
wine, sugar, water.
The prohibition of fees for any service
provided by the trading company to the
supplier is to be regarded as a critical
interference in the business model of
modern trade formats, which are often
based on these services, which are
explicitly allowed by EU legislation
Regulatio o
/
Blo k E e ptio
Regulatio a d the guideli es o e ti al
restraints (2010/C 130/01).
New amendment
Status
Law in force since 18 July 2016.
The Commission has opened an
infringement procedure on 15 February
2017
The Romanian Chamber of Deputies is
discussing to amend the current Food Law
but so far the attempts seem to be of an
artificial nature
Asks
The Romanian government should ensure
the amended law is fully in line with EU
law.
The Romanian government should make
sure all relevant amendments are properly
notified according to EU 2015/1535
notification procedure before adopted by
the Parliament.
The Romanian government should create
legal certainty to assure investments and
etaile s usi ess odel.
The Commission should ensure that the
amended law complies with EU law.
Status
Services, discounts and any other
obligation requested by traders to
Romanian producers or food products
cannot exceed 5% of the value of the
marketed product
Retailers have the obligation for products
like milk and dairy, meat and meat
products, fruit, vegetables and products
produced therefrom, bakery and used
confectionery products, produced by
Romanian producers, to ensure display
and sales space of at least 50% of the
existing surface used for food marketing.
Thus, a minimum of 20% of this space
should be allocated for all local producers.
The cap of 5% would further undermine
the business model of large retailers in
Romania
The obligation to display Romanian and
products
of
local
producers
is
discriminating foreign products vis-à-vis
Romanian products and is a quantitative
restriction of the free movement of goods.
Under discussion
Parliament
in
the
Romanian
Asks
The Romanian government should ensure
the amended law is fully in line with EU
law.
The Romanian government should make
sure all relevant amendments are properly
notified according to EU 2015/1535
notification procedure before adopted by
the Parliament.
The Romanian government should create
legal certainty to assure investments and
etaile s usi ess odel.
The Commission should ensure that the
amended law complies with EU law.
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 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Amendment Fiscal Code (proposal retail tax)
Ro - Modificarea Legii nr.227/2015 privind Codul fiscal
The Romanian Chamber of Deputies
Status
proposed a retail tax on turnover.
Under discussion in the Romanian
Parliament
The proposal would entail:
-
an exemption for retailers with an
Asks
annual turnover of less
tha €
The Romanian government should make
sure all laws respect EU law.
million;
-
a . % le o tu o e et ee €
The Commission should make sure the
retail tax is compliant with EU law.
illio a d €
illio ;
-
a . % le o tu o e a o e €
million.
The tax appears to be discriminatory and
large foreign food retailers would pay most
of the tax.
Amendment Mandatory
checks ‘imported’ food products
The amendment will impose mandatory
checks on imported food products at
specific inspections points at the
Romanian border
This obligation would discriminate foreign
products already lawfully marketed in
other Member States vis-à-vis Romanian
products
Status
Under discussion
Parliament
in
the
Romanian
Asks
The Romanian government should make
sure all laws respect EU law.
The Commission should make sure EU law
is respected
Slovakia
Food Act (152/1995 Coll)
Disproportionate obligations retailers and
shifting responsibilities from producers to
retailers & wholesalers:
Disproportionate penalties for retailers &
holesale s: Fi es et ee € ,
a d€
Mio if products with an exceeded best
before and use by date are found during
official controls (3
rd
fine imposed within 12
months
esults i €
-5 million). Fines in
other countries for same violation:
-
Ge a up to €
-
Pola d €
-
Bulga ia a . € ,
Status
Law and several amendments are in force.
Retaile s ha e al ead
ee fi ed €
million multiple times.
Asks
The Slovak government should ensure
legal certainty for businesses.
The Slovak government should abolish the
possibility to impose disproportionate
fees.
The Slovak government should abolish
measures that create unequal conditions
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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More responsibilities for retailers and
wholesalers concerning quality safety (QS),
less for producer.
Labelling of products whose sell-by date is
less than 24 hours.
Pre-
otificatio
procedure
i ported
products
24 hours upon import of certain fresh fruit,
vegetables and products of animal origin,
retailers and wholesalers have to pre-
notify the origin of the product (even from
within the EU).
The notification should have been notified
according to the procedure laid down in
the directive 2015/1535 .
The pre-notification procedure hinders the
free movement of goods in a
disproportionate way.
The procedure is an infringement of the
Official
Controls
Regulation
((EC)
No 882/2004) which only provides the
possibility to check products after arrival.
The procedure is creating unnecessary
administrative burdens and high costs,
without clear benefits for consumers.
of competition between domestic
products and imported products.
The Slovak government should respect the
free movement of goods.
The Slovak government should abolish the
reporting obligation for the origin of foods.
The Slovak government should notify all
technical requirement imposed on
products according to the 2015/1535
procedure.
The Commission should guard the proper
enforcement of Regulation (EC) No
178/2002 on General Principles and
Requirements of Food Law.
The Commission should ask the Slovakian
government to bring the law in line with
EU law and otherwise start an
infringement procedure.
NEW: Retail Tax & Marketing Fund
Disproportionate discriminatory tax violating Status
state aid rules and the freedom of
6 December law was adopted
establishment of foreign-owned retailers in
12 December the Slovak President vetoed
Slovakia.
the law
13 December the Slovak Parliament
Retailers will be forces to incur the costs, raise
overruled the President
s eto i a spe ial
consumer prices or renegotiate prices with
session
suppliers.
1 January 2019 the law will enter into force
Firs payment due in April 2019
Proposed Tax
The proposal introduces a turnover based
Asks
tax of 2.5%, levied over a quarterly period
The Slovak government should ensure that
Basically all local retailers are exempt,
any tax is non-discriminatory and does not
only foreign-owned retailers have to pay
constitute unlawful state aid
the tax levy
Retailers that do not reach a tax levy
The Slovak government should respect the
free movement of goods
amount of
€5,000 on a quarterly basis are
The Commission should assess if the tax
exempt of payment
constitutes unlawful state aid and is
discriminatory, and act accordingly.
Between 2011 and 2015, the average
operation margin of the five biggest retailers in
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Slovakia was 3.6%. A 2.5% tax could
o espo ds to etaile s total p ofit o d i e
them into a loss.
In the end, it will deprive consumers of more
choice and lead to higher prices as foreign
investors may leave or decide not to enter the
Slovak market.
Proposed Marketing Fund for Supporting the
Sales of Agricultural Products and Food
Products
Should be funded by the above retail tax
Among others, it aims at supporting the
sales and marketing of agricultural
products and food products produced in
the Slovak Republic, in Slovakia and
abroad
Retailers are increasingly collaborating with
local suppliers and sell more and more local
products, in line with consumer demand. The
fund is therefore unnecessary, and its
objectives can be achieved in a less intrusive
way via voluntary agreements with the sector.
In addition, a government funded promotion
campaign of local products may be a violation
of the free movement of goods.
New: amendment to the Law on Prices
Proposal to regulate retail prices, which may Status
lead to higher prices for consumers.
Discussed in the Slovak Parliament
Slovak MPs submitted the proposal, so no
The act is envisaged to enter into force on
1 March 2019.
inter-departmental review or public debate in
advance is necessary before submitting the
proposal.
Asks
The amendment proposes new definitions for:
The Slovak government should ensure the
final law proportionate and non-
1)
reasonable profit
discriminatory, and not breaches or
2)
reasonable mark-up (maximum double of
hinders the application of EU Law
mark-up of the same, interchangeable or
comparable product from another
supplier)
3)
economically more advantageous position
of seller and buyer at the sale and
purchase of food. Further it should state
what should be considered unreasonable
price by the sale and purchase of food.
Moreover, the fines for potential violation
of this Act should be increased and the
minimum fixed fine should be 50.000 EUR.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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New: Review
of the law on “Inappropriate Conditions in
Business Relations between Purchasers and the Suppliers of
Food”
Ministry of Agriculture proposed review to Status
curb the freedom of contract
further
Legislation in force since 1 January 2013
between retailers and suppliers, mostly to the
Review should be finalised before end of
2018, envisaged to enter into force by 1
benefit of suppliers. This may lead in the end
April 2019
to higher prices for consumers.
Asks
The aim is to increase the enquiry powers of
The Slovakian government should refrain
the Ministry in line with those of the Anti-
from disproportionate and unnecessary
Monopoly Authority e.g. entering premises of
restrictions to the freedom of contract
between retailers and their suppliers.
businesses without a court order.
The Slovakian government should ensure
legal certainty and ensure a business-
Businesses will have until 30 September 2019
friendly environment where all businesses
(if adopted) to adapt B2B contracts.
can compete fair an freely
The Commission should assess if all the
Regulation of the supply chain
prohibited practices are allowed under EU
law and act accordingly
General clause banning unfair trading
practices, without clear definition. May
lead to a wide interpretation.
Maximum payment term 30 days
after the
delivery,
15 days for selected food articles.
It will be difficult for retailers to comply if
there is no invoice
Bonuses max. 3%, logistics, other, such as
promotion activities, placement of the
products at a particular place in a store and
bulk discounts max 3% altogether as well,
i.e. together max 6%
Prohibition to buy below production costs.
While at the same time retailers are
prohibited to collect for data about
suppliers
Prohibition to negotiate new prices with
existing suppliers. This will prevent
retailers from negotiating new prices with
long-term suppliers, while prices change
all the time.
A list of more than 40 different restrictions
to the freedom of contract.
Maximum price agreement - 60 days.
Decrease of purchase price shall be
considered unfair practise, except for a
edu tio du i g the u e s p o otio
activities when the price is reduced; the
duration of promotions is inclusive of the
14-day time period prior to the beginning
of a promotion, and in cases defined by the
Slovak Commercial Code for decrease of
price.
Maximum fines up to EUR 500,000.
Wide powers of the Ministry of Agriculture
in the process of inspections (e.g. dawn
raids, or anonymous incentives to exercise
an inspection).
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Ban of door-to-door sales at local level
Similarly to the regulatory burdens in
Czech Republic targeting off-premises
sales (particularly door-to-door), Slovakia
has also put in place discriminatory
measures that go against EU law, diminish
consumer choice and hinder economic
growth.
Certain Slovak local authorities replicate
off-premises selling restrictions at local
level (e.g. Bánovce nad Ondavou, Hrhov,
Úľa
ad �½ita ou, Záho e,
among
others)
Status
A number of municipalities continue to
have in place local bans.
Asks
The Commission should ask the Slovak
Government to make sure ban of door-to-
door sales are in line with Directive
2005/29/EC and Directive 2011/83/EU.
The Slovak government should ensure
effective means for authorities to enforce
compliance with the law and penalize
rogue traders with deterring sanctions.
Spain
National and local laws on establishment
Retail Establishment
Central government
Retailers in Spain face market access barriers
at central Government and Autonomous
Law 7/1996 on retail trade management
Regions and also barriers at the exercise of
Law 10/2010, modification of the retail
trade management law in detail.
activity e.g. a large retail outlet tax
Law 18/2014 on urgent growth,
competitiveness and efficiency measures.
Law 17/2009 on the free access to the
services activities and their practice.
Autonomous regions
Andalusia:
Legislative Decree 1/2012,
which approved the Commerce Law text.
Aragon:
Law 4/2015 on Commerce.
Balearic Islands:
Law 11/2014 on
Commerce.
Canary Islands:
Legislative Decree 1/2012,
which approved the Commerce Law text.
Cantabria:
Law 1/2002 on Commerce.
Castile and Leon:
Legislative Decree
2/2014 on Commerce.
Catalonia:
Law Decree 1/2009 on the
organization of commercial facilities, Law
18/2017 on commerce, services and
exhibitions.
Community of Valencia:
Law 3/2011 on
Commerce.
Extremadura:
Law 3/2002 on Commerce.
Galicia:
Law 13/2010, on retail commerce.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Murcia:
Law 11/2006, on retail commerce
and organization of commercial facilities.
Navarra:
Law 17/2001, on Commerce.
Pais Vasco:
Law 7/1994, on Commerce.
Principado Asturias:
Law 9/2010, on retail
commerce.
La Rioja:
Law 3/2005 on retail commerce
Regulation.
Restrictions retail establishment:
Status
15 different laws in the 15 autonomous
All the laws are in force.
regions that decide the opening and
functioning of new shopping centres; use of
Asks:
environmental planning to impede the
Ensure that restrictions to the freedom of
opening of new shopping centres:
establishment
are
proportionate,
The authorisation procedures (article 9 (1)
appropriate and necessary, and that city
Services Directive) are not transparent;
centre relevant range limitations, arbitrary
there is no justification of the necessity of
size limits, planning permits that limit the
such procedures. Moreover, the criteria
new products, are avoided
for granting permits are not proportionate
Ensure the correct implementation of the
and not justified by reason of general
Services Directive at national/regional
interest.
level.
The economic needs test is still applied in
Ensure the correct implementation in
certain regions (effects on business
Spain of the Law 20/2013 on market unit
models,
instruments
to
regulate
Set up an expert group at EU level (with
commercial density, harmonisation of
retail expertise) to develop guidelines
social and economic development with
aimed at harmonising interpretation and
practices.
production sectors, commercial impact
assessment, number of employees in
Act more rapidly on infringement cases by
relation to sales area, distribution of sales
strengthening enforcement control and
space, etc.)
speeding up infringement procedures.
In most regions there are two different
Carry out regular checks that national
authorisation procedures (municipality
legislation is in compliance with EU
and autonomous regions), participation of
legislation and the principles of the Single
competitors in granting permits, excessive
Market.
intervention of authorities
Ensure Spanish authorities notify relevant
The implementation of the Services
laws in scope of the Services Directive to
Directive has resulted in an increase of
the Commission.
administrative burden (more procedures,
requirement of documents, etc.)
Large retail outlet tax
In the following Autonomous Regions:
Catalonia:
Law 5/2017 on special taxes
Asturias:
Legislative Decree 1/2014 regarding
own taxes in Asturias.
Aragon:
Legislative Decree 1/2007 on
environmental taxes.
Status
A special tax on establishments of more
than 2,500m² surface area in three regions
(resulting in costs for businesses of 250
million per year).
A complaint has been filed with the
Commission (DG TAXU: Infringement
procedure 2015/4238; DG COMP SA
36205).
Preliminary ruling by the Spanish Supreme
Court (C233-16 TO C237-16), regarding the
large retail tax in Catalonia, Asturias and
Aragon.
The effect of such measures is that mainly
large foreign retailers established in Spain
are subject to the payment of the tax.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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The Court of Justice of the European Union
(ECJ) ruled in April 2018 that the tax on
large retail establishment in several
Spanish regions does not hinder the
freedom of establishment or constitutes
unlawful state aid. In addition, existing
state aid for shopping centres and
commercial establishments partially
exempts the absence of environmental
accreditation of the tax and the lack of
accreditation of a minimum threshold.
For fiscal purposes, Catalonia made a
distinction between collective and
individual retail establishments. This led to
the exemption of collective large retail
establishments (e.g. shopping malls) from
the tax. This created a distinction between
two categories of establishment that are
objectively in a comparable situation in
respect of the public policy objectives of
environmental protection and town and
country planning. The ECJ therefore
considers that the exemption of collective
large retail establishments from the tax is
selective and is therefore likely to
constitute unlawful state aid if the other
conditions set out in Article 107(1) of the
TFEU are met.
Asks:
Ensure taxes are justified, proportionate
and non-discriminatory and do not impede
the freedom of establishment.
Regional Catalonian Act 5/2017 taxation of sweet beverages
The law distorts the Spanish retail market, the
free movement of goods and the internal
market
The law imposes a tax on sweet
beverages, and only applies in the Spanish
region of Catalonia.
This tax represents an entrance barrier for
this sweet beverages traded in Catalonia.
Catalonia is the only region in Spain
levying such a tax, hereby distorting the
market and, infringing the right to equal
treatment and non-discrimination
The Catalonian Government is expecting a
ta e e ue of €31m
in 2017
Retailers are obliged to add the tax to the
consumer purchase price.
Article 72 of the Law prescribes the tax
should be levied on sugary drinks
containing added caloric sweeteners such
as sugar, honey, fructose, sucrose, corn
syrup, maple syrup, nectar or agave syrup
and rice syrup (e.g. sodas, as well as drinks
of fruit nectar and fruit juices, sports
Status
In force since 1 May 2017
Ask
The European Commission should assess
if the regional law is in line with EU law
The Catalonian government should
ensure any law is justified, proportionate
and non-discriminatory
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
2053353_0042.png
drinks, energy drinks, tea or coffee drinks,
sweetened milks, vegetables and
flavoured waters).
There are two types of levies according to
the sugar content:
Beverages with more than 8
grams of sugar per 100ml: 0,12
euros / liter.
Drinks between 5 and 8 grams of
sugar per 100ml: 0.08 euros /
liter.
The tax is finally paid by the consumers,
resulting in a significant price increase in
this products
Spanish Royal Decree 928/1987 on the labelling of the
composition of textile products.
This Royal Decree has been modified over the years to adapt the law to the development of
harmonised legislation on textile fibre names and it was last modified in 2011.
Products need to be relabelled for the
Spanish market, increasing costs without
clear benefits to consumers. It fragments
the internal market and the principle of
mutual recognition is not applied.
Article 6 of the Royal Decree related to
labelling is relevant to this case. 6.3
Importer Tax Identification Code Textile
for products imported from third
countries
All i di atio s shall e itte at least i
Spa ish .
Note 1: Definition of textile products of
article 2 of Regulation (EU) No 1007/2011
applies.
Article 8 on the affixing of labelling
p o ides fu the details. Ma dato
labelling of textile products mandatory
that is compulsory for their placing in
Spanish market and their selling to the
consumers
It is resulting from above provisions that
to comply with point 6.3, the economic
operators should print on the textile
product labels the fiscal identification
number of the officially registered
importer in Spain.
Status
Law in force
Ask
The Spanish government should abolish
this specific requirement or apply the
principle of mutual recognition for
foreign products
The European Commissions should assess
the compatibility of the requirement with
EU law
The Commission should examine which
mandatory information requirements are
really necessary and allow businesses to
p o ide i e to k o i fo atio ia
modern digital technologies without
overloading consumers with information
they cannot absorb.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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United Kingdom
The Furniture and Furnishings (Fire) (Safety) Regulations
1988
Standards:
Asks
The fire safety regulation is setting
The UK government should recognise that
additional standards for filling materials
request of a different standard for filling
and final products. This results in the need
materials and final products is a barrier to
to use flame retardant chemicals in for
free trade and impeding the free
example mattresses, sofas, cushions etc.
movement of goods.
The Commission should ask the UK
government to bring national legislation in
line with the EU provisions regarding the
free movement of goods and ban
unnecessary national requirements.
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Single Market Barriers Overview
 EUU, Alm.del - 2018-19 (1. samling) - Bilag 660: Brev til beskæftigelseskommissær Marianne Thyssen om effektiv håndhævelse og implementering af EU-reglerne
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Contact:
Ilya Bruggeman - +32 2 738 06 41 -
[email protected]
www.eurocommerce.eu
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EuroCommerce
is the principal European organisation representing the retail and wholesale sector. It embraces national associations in 31 countries and 5.4 million
companies, both leading multinational retailers such as Carrefour, Ikea, Metro and Tesco, and many small family operations. Retail and wholesale provide a link
between producers and 500 million European consumers over a billion times a day. It generates 1 in 7 jobs, providing a varied career for 29 million Europeans, many
of them young people. It also supports millions of further jobs throughout the supply chain, from small local suppliers to international businesses. EuroCommerce is
the recognised European social partner for the retail and wholesale sector.