The EEA Agreement creates an internal market where goods can circulate freely between the 30 EEA States. The free movement of goods is underpinned by the concept that products originating in one EEA State may be traded freely in all EEA States without internal frontiers such as customs duties or divergent national product requirements.
Part II of the EEA Agreement governs the establishment of the free movement of goods in the EEA. It lays out basic rules such as the prohibition on customs duties on imports and exports (and any charges having equivalent effect), the prohibition of quantitative restrictions on imports and exports between EEA States and the prohibition of the discriminatory internal taxation of the products of an EEA State.
The free movement of goods is then secured through the elimination of technical barriers to trade (TBT) in the EEA such as through harmonised product requirements or the mutual recognition of products. For more information, please consult mechanisms enabling the free movement of goods.
Subcommittee I on the Free Movement of Goods and the Working Groups and Expert Groups constituted thereunder are responsible for the processing of EU legislation relating to the free movement of goods.
Product Sectors related to the Free Movement of Goods that fall within the scope of the EEA Agreement
The EEA Agreement provides for specific technical legislation in a number of product sectors. For more information about these sectors, please see the list below.
Standardisation, Accreditation and Conformity Assessment and Mutual Recognition Agreements
To circulate freely within the European Economic Area, products must conform to requirements laid down by the EEA product legislation which is aimed at protecting health, safety and the environment. In many sectors, the EEA product legislation is complemented by European harmonised standards. The compliance of products with legislation and standards is demonstrated through conformity assessment methods, such as testing, inspection and certification. Conformity assessment bodies offering these services can have their competence, independence and impartiality formally verified through accreditation.
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Other areas related to the Free Movement of Goods
Although the EEA Agreement does not constitute a customs union, it does contain provisions on customs matters between the Contracting Parties. Furthermore, although the EEA Agreement does not include the Common Agricultural and Fisheries Policies, it does contain provisions for the liberalisation of trade between the Contracting Parties in these areas.
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Resources
Contact
The Internal Market Division is responsible for the Free Movement of Goods at the EFTA Secretariat.
Sub-Policy Areas
Construction
The Working Group on Technical Barriers to Trade is responsible for legislation in the field of construction products, assisted by experts in the Expert Group on Construction Products which is contained in Annex II, Chapter XXI of the EEA Agreement, whilst construction plant and equipment are contained in Annex II, Chapter VI of the EEA Agreement.”
Under EEA legislation, the safety and marketing of construction products is mainly addressed by the Construction Products Regulation (Regulation 305/2011, the “CPR”). The Regulation simplifies and clarifies the framework for placing construction products on the market. It lays down the conditions for placing these products on the market by establishing harmonised rules on their performance in relation to their characteristics, as well as on the use of CE product marking. This is achieved by providing a “common technical language", offering uniform assessment methods of the performance of construction products.
The CPR is supplemented by a number of delegated and implementing acts.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Construction products
Cosmetics
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Cosmetics is responsible for cosmetics legislation contained in Annex II, Chapter XVI of the EEA Agreement.
The cosmetics legislation covers a wide range of products, such as make-up, perfume, hair dyes, sun lotion and products for personal hygiene, e.g., tooth-care products, shampoo and soap. In order to avoid health risks, e.g. allergic reactions, the EU has adopted legislation and guidelines for the manufacture and labelling of cosmetic products. A central element of these efforts is the reduction of health risks for cosmetic products and more access to information for the public.
The legislative framework for the safety and placing on the market of cosmetic products is Regulation (EU) 1223/2009.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Cosmetics
Cultural Goods
The Working Group on Technical Barriers to Trade is responsible for Cultural goods legislation contained in Annex II, Chapter XXVIII of the EEA Agreement.
Although one of the fundamental principles of the EEA Agreement is to ensure free movement of goods, it does not mean that all products can circulate freely. One exemption to this principle is the protection of national treasures, as set out in Article 13 of the EEA Agreement.
The aim of the regulatory framework is to provide the legal basis for cooperation mechanisms and a procedure for returning national treasures when these have left the territory of a Member State unlawfully.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Cultural goods
Dangerous Substances
The Expert Group on Chemicals is responsible for legislation on dangerous substances contained Annex II, Chapter XV of the EEA Agreement.
Chemicals are strictly regulated in order to protect consumers, workers and the environment. The EEA Agreement contains both general chemicals legislation and product-specific legislation. The general chemicals legislation includes a new registration system for all chemicals (REACH) and common rules for classification and labelling.
Legislation for specific product sectors has been adopted in the fields of electrical equipment, biocides, plant protection products, detergents, etc. The legislation on batteries and accumulators, packaging and end-of-life vehicles covers the phasing out of hazardous substances and the management of the waste from these products. The placement in the EEA Agreement may therefore vary.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Chemicals
DG Environment (DG ENVIRONMENT) - Chemicals
European Chemicals Agency - ECHA
DG Health and Food Safety (DG SANTE) - Plant protection products
Electrical Material
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Electrical Equipment and the Expert Group on ATEX is responsible for electrical material legislation contained in Annex II, Chapter X of the EEA Agreement.
Four specific areas are covered in the electrical material chapter of the EEA Agreement. It deals first with electrical equipment for use in potentially explosive atmospheres (ATEX). Such equipment is typically used on fixed offshore platforms, in petrochemical plants, mines, flour mills and other areas where there may be a potentially explosive atmosphere. The chapter also covers active implantable medical devices which require electrical power. The chapter deals with low voltage electrical equipment (laying down requirements covering all health and safety risks of such material) and with the issue of electromagnetic compatibility (laying down requirements in order to prevent electrical and electronic equipment from generating or being affected by electromagnetic disturbances).
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) – Electrical and Electronic Engineering Industries (EEI)
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - ATEX
Energy
The Working Group on Energy Matters is responsible for the energy related legislation incorporated in Annex II, Chapter IV, and Annex IV of the EEA Agreement.
The Working Group meets regularly to ensure that all EEA-relevant legislation in the field of energy is incorporated into the EEA Agreement. This includes, in particular, legislation in the areas of the internal energy market, renewable energy, energy efficiency, energy labelling and ecodesign.
It also closely monitors the preparatory work of the European Commission on new legislative initiatives in the field of energy. The Commission counterparty of the Working Group on Energy Matters is the Directorate-General for Energy.
See also: European Commission - Energy
Explosives
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Explosives for Civil Use is responsible for explosives legislation contained in Annex II, Chapter XXIX of the EEA Agreement.
The objective of harmonisation in the field of explosives is to ensure that any explosive is designed, manufactured and supplied in such a way as to present a minimal risk to the safety of human life and health, as well as to prevent damage to property and the environment.
The explosives sector covers explosives for civil use (as opposed to military and police use) and pyrotechnic articles (e.g., fireworks).
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Explosives
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Pyrotechnic articles
Fertilisers
The Expert Group on Fertilisers is responsible for legislation on fertilisers contained in Annex II, Chapter XIV of the EEA Agreement.
The main objectives of the legislation on fertilisers are to protect the environment, workers and consumers and to ensure the free circulation of goods in the EEA.
The requirements for fertilisers produced from phosphate minerals and from organic or secondary raw materials are harmonised in the EEA, opening up new possibilities for their production and marketing on a large scale. Limits for a range of contaminants, such as cadmium, contained in mineral fertilisers are also harmonised.
EU fertilising products bearing the "CE marking" must fulfil certain requirements to benefit from free circulation in the EU's internal market. These include obligatory maximum contaminant levels, the use of defined component material categories and labelling requirements. Moreover, manufacturers of fertilisers that do not bear the CE marking will still have the possibility of placing them on their national market.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Fertilisers
EU Agricultural Market Briefs – Fertilisers in the EU
Gas Appliances
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Appliances Burning Gaseous or Liquid Fuels, is responsible for gas appliances legislation contained in Annex II, Chapter V of the EEA Agreement.
Gas appliances used for cooking, heating, hot water production, refrigeration, lighting and washing, need to operate safely and present no danger to persons or property when used in normal conditions. Therefore, trade is regulated within the EEA by a directive containing the essential requirements that an appliance must meet when it is placed on the Single Market. It does not indicate how these requirements must be met, thus allowing manufacturers to be flexible as regards technical solutions to be adopted.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Gas appliances
Household Appliances
The Working Group on Energy Matters is responsible for legislation related to household appliances, which is incorporated in Annex II, Chapter IV of the EEA Agreement.
For household appliances such as refrigerators, washing machines and ovens to be freely traded across the EEA, harmonisation of requirements is required, for example on how energy efficient appliances must be. Much of the legislation is related to the labelling of products, with a view to providing consumers with objective and comparable product information.
DG Energy (DG ENER) - Energy efficient products
Information, Technology, Telecommunications and Data Processing
The sectors of Radio Communications and Telecommunications Terminal Equipment are the responsibility of the Working Group on Technical Barriers to Trade, assisted by the Expert Group on Telecommunications Equipment. The rules are included in Annex II, Chapter XVIII of the EEA Agreement.
Radio Communications and Telecommunications Terminal Equipment (R&TTE) encompass all products which use the radio frequency spectrum (e.g., car door openers, mobile communications equipment like cellular telephones, CB radios, broadcast transmitters, etc.) and all equipment attached to public telecommunications networks (e.g., ADSL modems, telephones, telephone switches). EEA rules ensure the safety, protection and free movement of radio and telecommunications equipment in the EEA. To be placed on the market, R&TTE must not disturb radio services or other equipment. The EEA Agreement also lays down common technical regulations in the field of information technology, telecommunication and data processing, including satellite television broadcasting and high definition television.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) – Electrical and Electronic Engineering Industries (EEI)
Lifting and mechanical handling appliances
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Machinery is responsible for legislation connected lifting & mechanical handling appliances which is contained in Annex II, Chapter III of the EEA Agreement.
The EEA Agreement contains rules on the harmonisation of essential health and safety requirements for lifts at EEA level. Essentially performing a dual function, the rules do not only promote the free movement of lifts within the EEA, but also guarantee a high level of safety for lift users and maintenance staff. While the provisions of the Lifts Directive are mainly addressed to lift installers and component manufacturers, they also have important implications for the owners and users of lifts. It is a New Approach Directive which promotes harmonisation through a combination of mandatory health and safety requirements and voluntary harmonised standards. Such directives apply only to products which are intended to be placed (or put into service) on the EEA market for the first time. The New Lifts Directive 2014/33/EU on lifts and safety components for lifts applies from 20 April 2016.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Lifts
Machinery
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Machinery and the Expert Group on Cableway Installations, is responsible for machinery legislation contained in Annex II, Chapter XXIV of the EEA Agreement, which also contains rules on cableway installations designed to carry persons.
The EEA Agreement contains rules on the harmonisation of the essential health and safety requirements for machinery at EEA level. The rules promote the free movement of machinery within the EEA, while at the same time guaranteeing a high level of protection to workers and citizens. The rules provide for harmonisation through a combination of mandatory health and safety requirements and voluntary harmonised standards. The legislation applies only to products which are intended to be placed (or put into service) on the EEA market for the first time.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Machinery
Marine equipment
The Working Group on Technical Barrier to Trade, assisted by the Expert Group on Marine Equipment is responsible for marine equipment legislation contained in Annex II, Chapter XXXII of the EEA Agreement.
A key element of the Internal Market is the improvement of product compatibility and the promotion of safety and environmental protection. Therefore, harmonisation of product technology and test standards regarding marine equipment materials and equipment is essential.
The legal framework for this sector covers a variety of materials and equipment related to life-saving appliances, firefighting and fire protection, navigation, radio communication and marine pollution.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Maritime Industries
Measuring Instruments
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Measuring Instruments is responsible for measuring instruments legislation contained in Annex II, Chapter IX of the EEA Agreement.
Measuring instruments are essential to ensure accuracy of measurement, notably for transactions by consumers and industry in everyday life. The Measuring Instruments Directive (MID) covers water metres, gas metres and volume conversion devices, active electrical energy metres, heat metres and their sub-assemblies, measuring systems for continuous and dynamic measurement of quantities of liquids other than water, automatic weighing instruments, taximeters, material measures, dimensional measuring instruments and exhaust gas analysers.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Measuring instruments (MID)
Medical Devices
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Medicinal Products and Medical Devices, is responsible for legislation on medical devices contained in Annex II, Chapter XXX of the EEA Agreement.
The Expert Group delegates participate in the Commission’s Medical Device Coordination Group (MDCG).
The medical devices sector covers approximately 8000 types of products, ranging from simple bandages and spectacles, life-saving implantable devices, equipment for screening and diagnosing disease and health conditions, to the most sophisticated diagnostic imaging and minimal invasive surgery equipment. The EEA EFTA States are mainly involved in the regulatory framework for market access, international trade relations and regulatory convergence, and the competitiveness of industry. The legislation defines the essential requirements that medical devices must meet before being placed on the market, the conformity assessment procedures and mechanisms available to national competent authorities to manage implementation or to intervene on the market when reasons of public health so require.
In order to establish a modern and robust framework which ensures better protection of public health and patient safety, the EU has adopted progressive rules on medical devices (Regulation (EU) 2017/745 and Regulation (EU) 2017/746).
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Medical devices
Motor Vehicles, Agricultural and Forestry Tractors
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Motor Vehicles and the Expert Group on Agricultural and Forestry Tractors, is responsible for the legislation on motor vehicles & tractors.
Motor vehicles are covered by Annex II, Chapter I of the EEA Agreement.
Agricultural and forestry tractors are covered by Annex II, Chapter II of the EEA Agreement.
The EU legislation on motor vehicles, agricultural and forestry tractors has been incorporated into the EEA Agreement. Therefore, a vehicle that has been type-approved in one EEA State may also be placed on the market in the remaining 30 EEA States without any further testing or approval. The main acts have been amended on numerous occasions over the years in order to adjust to technical progress. New legislation is always assessed by the Expert Groups before it is incorporated into the EEA Agreement.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Automotive Industry
Organic Production
Organic production is a comprehensive system of farm management and food production that focuses on biodiversity, preservation of natural resources, environmentally friendly practices, high animal welfare standards and the use of natural raw materials. Fertilisers and plant protection products can only be used to a limited extent and genetically modified organisms (GMO) are forbidden in the production and processing of organic products.
Products made according to rules for organic production are labelled with the EU logo, or a national logo, for organic production. The organic logo can only be used on products that have been certified as organic by an authorised control agency or body. This means that they have fulfilled strict conditions on how they are produced, transported and stored.
The Working Group on the Food Chain deals with the incorporation into the EEA Agreement of legislation regarding organic production.
Organic production is covered by Annex II, Chapter XII of the EEA Agreement.
See also:
DG Agriculture and Rural Development (DG AGRI) - Organic production
Personal Protective Equipment
The Working Group on Technical Barriers to Trade, assisted by the Expert Group, is responsible for legislation in Personal protective equipment (PPE) contained in Annex II, Chapter XXII of the EEA Agreement.
Personal Protective Equipment (PPE) are products designed to protect users from serious injuries which could be encountered at home, work and leisure. PPE protects individuals from hazard and injury in all areas of life, such as:
- At work: protective shoes, goggles.
- At home: sunglasses, gardening gloves.
- At leisure: helmets for cycling, roller-skating.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Personal Protective Equipment
Medicinal Products
The Expert Group on Medicinal Products and Medical Devices is responsible for legislation on pharmaceuticals contained in Annex II, Chapter XXX and XIII of the EEA Agreement.
Balancing the objectives of health policy versus industrial policy goals is one of the main challenges facing European regulators in the area of pharmaceuticals. Achieving the twin goals of encouraging innovation and competitiveness while ensuring affordability and availability of medicinal products requires close cooperation between many stakeholders. Future developments, such as the impact of new technologies (e.g., pharmacogenetics), will also need a sound regulatory framework.
The Expert Group on Medicinal Products and Medical Devices deals with all issues related to the incorporation of pharmaceutical legislation into the EEA Agreement. When a decision is made in the EU to approve a medicinal product, the EEA EFTA States take a corresponding decision within 30 days, thereby approving the same product and ensuring a homogenous market. The Expert Group follows new EU initiatives in the field of medicinal products for human use, assesses their respective merits and provides the European Commission with suggestions and comments when deemed necessary.
See also:
DG Health and Food Safety (DG SANTE) - Pharmaceuticals
European Medicines Agency (EMA) - EMA
Pressure Equipment
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Pressure Equipment, is responsible for legislation on pressure equipment contained in Annex II, Chapter VIII of the EEA Agreement.
The sector and the product range covered by pressure equipment directives are vast: from kitchen pressure cookers and fire extinguishers to boilers in power plants, with the primary concern being worker and consumer protection. The European market is estimated at 90 billion Euros. Simple pressure vessels and aerosols are also included in this sector.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Pressure equipment
Recreational Craft
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Recreational Craft is responsible for recreational craft legislation contained in Annex II, Chapter XXXI of the EEA Agreement.
Recreational craft is defined as any craft intended for sport or leisure purposes, regardless of the type or the means of propulsion, with a hull length of 2.5 to 24 metres. The recreational craft industry – a part of the broader maritime industry – has an important impact on the EEA in terms of employment and turnover.
In the general context of their competitiveness policy, the EEA EFTA States have concluded Mutual Recognition Agreements with the United States and Canada in order to facilitate two-way trade of recreational craft with those countries.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Maritime Industries
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Recreational Craft Sector
Steel
Article 27 of the EEA Agreement and Protocols 14 and 25 cover steel products. Protocol 14 deals with trade in steel and Protocol 25 deals with the competition aspects of steel.
Textiles
The Working Group on Technical Barriers to Trade is responsible for legislation on textiles contained in Annex II, Chapter XI of the EEA Agreement.
The textiles sector covers both textiles and clothing. The diversity of the sector is large, covering the end products as well as the industrial processes, enterprises and market structures.
The regulatory framework for the Internal Market concerns labelling. The objectives for this legislation are twofold: firstly, variations regarding name, composition and labelling could create obstacles to the principle of free movement of goods; secondly, it is important that information concerning a product is correct in order to protect consumer interests.
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - Textiles and clothing legislation
Tobacco
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Tobacco, is responsible for legislation on tobacco contained in Annex II, Chapter XXV, of the EEA Agreement.
The regulatory framework for tobacco control measures in the Internal Market covers manufacture, presentation and sale of tobacco products, as well as advertising and sponsorship of such products. The overall aim of the framework is to ensure a high level of health protection for individuals in the EEA.
See also: European Commission - Tobacco
Wine & Spirit Drinks
The Working Group on Technical Barriers to Trade, assisted by the Expert Group on Wine and spirit drinks, is responsible for legislation on wine and spirits.
Aspects related to the abolition of technical barriers to trade in wine are covered by Protocol 47 to the EEA Agreement.
Aspects related to spirits drinks are covered by Annex II, Chapter XXVII of the EEA Agreement.
The EU occupies a leading position on the world wine market, accounting for 45% of wine-growing areas, 65% of production, 60% of global consumption and 70% of exports in global terms. The latest EU reform was implemented in 2008 and had the following goals: 1) making EU wine producers even more competitive - enhancing the reputation of European wines and regaining market share both in the EU and outside, 2) making the market-management rules simpler, clearer and more effective - to achieve a better balance between supply and demand, and 3) preserving the best traditions in European wine growing and boosting its social and environmental role in rural areas. Two out of three EEA EFTA States are looking for ways to implement the reform into the EEA Agreement (Liechtenstein has a permanent derogation for this sector as it is subject instead to the bilateral Swiss-EU Agreement on Agriculture).
