A New Approach to Technical Harmonization in Toy Safety as the way of free trade facilitation and protection of EU citizens.
Absztrakt
The purpose of the current study was to examine the impact of New Approach to technical harmonization on the development of the internal market and reducing the barriers to crossborder trade. This paper has discussed basic principles and provided short summary of legislative instruments adopted under Old Traditional Harmonization strategy , has clarified some of the key principles of the New Approach to technical harmonization, as well as has referred to some specific aspects of the New Approach, such as scope of the application, concepts of essential requirements and implemented harmonized standards. Furthermore, this paper has investigated the adopted under the implemented Directives competence of the Community with the special emphasis on the Toy Safety Directives; in addition a balance between pre-market and postmarket controls has been evaluated and free movement clause has been critically discussed as a basis for numerous exceptions and effective measure for elimination of trade barriers. The most obvious finding to emerge from this study is that the New Approach has considerably changed the framework, concerning the placing of the products, originally manufactured in the one Member States on the other Member States. The New regulatory technique has established a comprehensive set of the Directives , where only essential requirements are indicated, and, as a result, represents a far more flexible approach on how to satisfy the minimum standards, posed by the basic safety ,health and environment protection concerns. Such flexibility has been achieved by using the support of newly formed bodies and organizations – national and EU, empowered to maintain harmonized standards and revise them as a form of addressing the challenges, posed by the on-going scientific innovations.