New Approach (EU law)
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| New Approach (EU law) | |
|---|---|
| Name | New Approach |
| Jurisdiction | European Union |
| Introduced | 1985 |
| Legislation | Council resolutions; European Commission directives |
| Related | Single European Act, internal market, CE marking |
New Approach (EU law) is a regulatory strategy developed in the European Economic Community during the 1980s to facilitate the Single Market by harmonising technical requirements for products across the European Union, replacing divergent national rules with essential requirements and relying on voluntary standards and conformity assessment. It was promoted through instruments of the European Commission, endorsed by the Council of the European Union, and adopted alongside initiatives such as the Single European Act to reduce technical barriers to trade among Member States. The approach links legislation, standards, and market surveillance to enable free movement of goods while engaging institutions like the European Court of Justice, European Parliament, and national authorities.
Background and objectives
The New Approach emerged in the context of efforts led by the European Commission under President Jacques Delors and legal architects influenced by the Single European Act and the objective of completing the internal market by 1992, aiming to remove technical barriers to trade among France, Germany, United Kingdom, Italy, and other Member States. It sought to reconcile regulatory convergence championed by the Council of the European Union with economic liberalisation promoted by institutions including the European Parliament and supranational jurisprudence of the European Court of Justice. The principal objective was to replace detailed national product rules with essential requirements, enabling manufacturers from Spain, Netherlands, Belgium, Sweden, Denmark and others to access markets across the European Community without multiple national approvals.
Legal framework and instruments
The legal architecture relies on European Union law instruments such as framework directives, notably the Machinery Directive, the Low Voltage Directive, the Electromagnetic Compatibility Directive, and the New Approach Directives family that introduced the CE marking concept, implemented through acts of the Council of the European Union and delegated powers of the European Commission. The system distinguishes between essential requirements set by directives and technical specifications produced by European standardisation organisations such as CEN, CENELEC, and ETSI; these standards are published and harmonised following mandates from the European Commission and formal processes involving European Committee for Standardization bodies and national standard institutes like DIN in Germany and AFNOR in France.
Harmonised standards and conformity assessment
Under the approach, conformity with harmonised standards produced by CEN, CENELEC, and ETSI provides a presumption of conformity with directives’ essential requirements, enabling manufacturers such as Siemens, Siemens AG competitors, Philips, Bosch, and SKF to affix CE marking and place products on the market across Belgium, Poland, Czech Republic, and Romania. Conformity assessment procedures are specified in directives and implemented by notified organisations or self-declaration routes used by firms like ABB or Schneider Electric; these procedures draw on international instruments such as standards from ISO and IEC and interact with trade law under the World Trade Organization framework and bilateral agreements involving Norway and Switzerland.
Implementation and role of notified bodies
Notified bodies designated by Member States carry out conformity assessment tasks, verify compliance with harmonised standards, and issue certificates permitting affixation of CE marking; these bodies operate within oversight systems coordinated by the European Commission and national authorities such as BAM in Netherlands or TÜV organisations in Germany. The designation, monitoring, and coordination of notified bodies involve cooperation through networks like the Notified Bodies Group and information exchange via mechanisms established under directives, with judicial oversight from the European Court of Justice in disputes and interactions with sectoral agencies such as the European Medicines Agency where overlap occurs.
Impact on internal market and trade
The New Approach contributed to market integration by reducing duplicate testing and certification, lowering transaction costs for firms from Italy, Portugal, Greece, Ireland and encouraging cross-border trade among Member States and third countries like Turkey and Israel; it influenced trade negotiations at the World Trade Organization and informed regulatory cooperation in agreements with the United States and Japan. By delegating technical detail to harmonised standards produced by CEN, CENELEC, and ETSI, the approach stimulated competitive supply chains involving multinational firms such as Siemens, ABB, Schneider Electric, and numerous small and medium enterprises integrated through European Investment Bank financing and cross-border procurement in sectors affected by directives like machinery, construction products, and telecommunications.
Criticisms and judicial review
Critics including academics from London School of Economics, policy analysts from European Policy Centre and trade unions like European Trade Union Confederation have argued that the New Approach can privilege large standards bodies and industry incumbents such as Siemens or Philips over small producers and that reliance on harmonised standards raises questions under the Treaty on the Functioning of the European Union. Judicial review by the European Court of Justice has addressed disputes over scope, delegation, and conformity assessment in cases implicating directives, while national courts in France, Germany, and United Kingdom before Brexit have also litigated interactions between EU harmonisation and national safety regimes; debates continue in forums including the European Commission, European Parliament, and stakeholder groups over transparency, accountability, and the balance between harmonisation and national autonomy.