When the Internal Market is not working

There is no doubt that the creation of the Internal Market has brought huge benefits to business and citizens across Europe. Many British exporters and UK citizens have taken advantage of the improved conditions to expand their markets and provide their services in Europe. However, whilst most do not encounter difficulties trading in Europe, some do.

Enforce your rights

The Country of Origin Principle known as Mutual Recognition is the cornerstone of the Internal Market. In simple terms, it means that products or services acceptable in one Member State cannot be banned in any other Member State except in exceptional circumstances. In addition, skills and qualifications gained in one Member State are recognised in all others. The mutual recognition of national rules removes the need for detailed agreements between Member States, except in certain areas eg to protect health and ensure safety. Directives setting common standards across the EU have been passed where Member States have agreed that legislation is required on health and safety grounds. Products complying with the requirements can circulate freely. Some exporters still experience problems because some countries continue to have health and safety concerns or because of a lack of understanding of EU regulations by national authorities.

Information and Problem Solving

It is in the interests of manufacturers, service providers and consumers across Europe that the Internal Market works as well as possible. To gather information about how well the market is performing, the European Commission has established a ‘Dialogue with Citizens and Business’. The dialogue uses local European Information Centre's to provide EU-related information and advice to business and obtain feedback about their experience of trading in Europe. The Commission has also produced a series of leaflets outlining citizens’ rights and set up a network of SOLVIT Centre's to try and resolve problems of misapplication of EU Rules informally and Speedily without the need for legal action. The Action Single Market is the UK SOLVIT Centre and is based at the Department of Trade and Industry.

The Action Single Market/UK SOLVIT Centre, here to help

The Action Single Market/UK SOLVIT Centre. The Action Single Market/UK SOLVIT Centre exists to improve the advice and help given to businesses and citizens experiencing problems exercising their Internal  Market rights, and to investigate complaints from other Member States wishing to do so. Specifically, Action Single Market/UK SOLVIT Centre’s role is to assist where the problems arise from a misapplication of Internal Market rules. However, the Unit also assists with problems relating to other Cross Border matters and deals with some 100 substantive cases a year, most of which are resolved to the satisfaction of the UK customer.

SOLVIT:  Effective Problem Solving in the Internal Market

SOLVIT is a new EU-wide online database that links Co-ordination Centre's and allows cases to be rapidly passed on (securely) to the SOLVIT Centre in the Member State where the problem has arisen. It represents an alternative and informal approach to problem solving and as such, proposed solutions are not binding. Therefore, if you are not satisfied with the solution proposed, you can still initiate more formal proceedings.

As SOLVIT is an Alternative Dispute Resolution Mechanism, there are certain instances where the system will not be used. These include where legal proceedings are already underway; where deadlines under national law need to be respected to maintain rights and where the problem is a business-to-business or business to consumer one. Examples of some of the problems SOLVIT can deal with include voting rights, car registration, border control, market access of goods, Recognition of Professional Qualifications, public procurement, VAT issues and establishment of a company.

The majority of cases are resolved through direct discussion with the country where the problem has arisen. The process usually takes two to three months, which is generally much quicker than complaints dealt with by the European Commission.

Fighting Your Corner In Europe

Action Single Market/UK SOLVIT Centre team provides a free service which includes:

• Perusing your complaints through SOLVIT centres in other member states
• Taking up complaints with the appropriate national authority and, where necessary, the European Commission
• Presentations to business about the work of Action Single Market
  
  All enquiries are treated as commercially confidential.

The service is designed to ensure that any company or citizen can afford to take action to ensure their product can compete fairly in any part of the Internal Market. If you have a problem exercising your rights in Europe, however trivial it might seem, we want to know about it.

Action Single Market/UK SOLVIT Centre can solve your problem

Action Single Market/UK SOLVIT Centre aims to resolve your problems in the quickest and most efficient way. In most cases, we will do this informally through our contacts in the relevant Member State. Occasionally, however, we have to pursue a case formally through the Commission.

Once we understand your case, we will let you know if we think there are genuine grounds for complaint. If there are we will take the case forward on your behalf. You will receive a written acknowledgement of your complaint within five working days of telling us about it, followed by a progress report within two to three weeks. The progress report will let you know what we can do and what we have achieved in our investigations so far.

How We Pursue Your Complaint

In resolving your case:

We will approach the SOLVIT Co-ordination Centre in the Member State concerned directly or by getting in touch with the British Embassy there If that proves unsuccessful, we will put a case to the European Commission.In accordance with Part II Schedule I of the Data Protection Act 1998, Action Single Market/UK SOLVIT Centre will need your consent to disclose your details in order to pursue your problems with the relevant authorities.

What You Can Do To Strengthen Your Case

When presenting your complaint there are a number of steps you can take which will help us to take the matter forward more quickly. It will help us if you provide:

• A brief summary of the issue
• Any correspondence on the matter
• Any relevant documentation
• Any other supporting evidence

Don’t forget - all material you give us will be treated as commercially confidential.

Taking your complaint further

A large majority of cases (around 80%), are resolved without having to involve the commission. This is in part because the Action Single Market team can call on a wide network of expertise in presenting your case, including:

• Technical experts
• Government legal services
• Specialists throughout Whitehall
• British Embassies throughout Europe
• Getting Others Involved

In some cases, a trade barrier affects an entire sector of the economy. In these circumstances, it may be helpful to involve the appropriate Trade Association or other representative bodies. Most are happy to act as liaison points with Action Single Market where a particular issue is affecting a whole sector. Again, commercial confidentiality will be fully respected in such cases.

Contacts:

UK SOLVIT Centre/Action Single Market
Bay 4123
1 Victoria Street,
London
SW1H 0ET

Tel: 020 7215 2800/2833
Fax: 020 7215 2234
E-mail: asm@dti.gsi.gov.uk

For information on the EFTA members of the Single Market (Norway, Iceland and Liechtenstein) contact:
EFTA Secretariat
74 rue de Treves
B-1040 Brussels

Tel: (+ 32 2) 286 1711
Fax: (+ 32 2) 286 1750Persuing