Some more EU law - should be good for a Friday night. This thread is on harmonisation in the EU, and includes dishwashers. Donald Trump will be pleased. 1/
Contrary to what appears to be the belief of many, the EU's harmonisation effort is not the product of the crazed minds of uber-Eurocrats in Brussels. 2/
Instead, it is a response to situations in which the principle of mutual recognition (discussed in this thread) does not succeed in eliminating barriers to trade. 3/
Let's imagine the dishwasher market. Assume no EU law standards. And assume differences between the standards in high (eg Germany) and low (eg Greece) standard member states. 4/
Greek producers start selling their washing machines in Germany. But there are problems. The Greek machines don't work properly (they are flooding German kitchens, if not German markets). They use too much energy, and too much water. 5/
Germany might be fine with all this; let consumers decide. Or, under pressure from consumer and/or producer groups, the German Govt may seek to respond. One possibility is that it introduces new laws which restrict the sale of certain Greek washing machines. 6/
The Greek producers will likely object - and can challenge the legality of the restriction on the free movement of their goods in the German courts. Germany can advance justifications (based eg on safety or environmental concerns). 7/
If the court rules in favour of the Greek producers, the principle of mutual recognition has done its job, and succeeded in eliminating the barrier to trade (ie the restrictive German laws). 8/
But if the court rules in favour of the German Govt, the barrier to trade will persist. So... what then? Greek producers might abandon the German market; or find ways to comply with the new German laws. 9/
Alternatively, they might seek to reach an agreement with Germany... on a set of standards which will suffice to allow them access to the German market. 10/
This is unlikely to be enough to prompt EU level legislation... but if there are concerns in enough member states about washing machines, be they from producers or consumers, then a harmonisation effort may begin. 11/
Any such harmonisation effort relies on there being a legal base for EU level action. Legislation is initiated by the Commission, and is adopted (via the 'ordinary legislative procedure') only if agreed by both the European Parliament and a qualified majority in the Council. 12/
The aim will not be to create a 'Euro-washing machine'; but rather to set out certain safety, environmental, etc, standards which washing machines must satisfy in order to have free access in all member states. 13/
Of course, the Greeks and the Germans might find it difficult to reach agreement. The level at which essential standards are pitched will be controversial. Unsurprisingly, many legislative efforts fail. 14/
But... the idea is that harmonisation tends to be needed in those areas in which the mutual recognition doesn't succeed in eliminating barriers to trade; and relies on agreement in the EP and the Council. 15/15
