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General Project title: “Preparation of the Czech Republic for integration into the Internal Market” (Phase 1 and 2), 2001-2002

Specific issues: Free movement of goods (Chapter 1), Free movement of persons (Chapter 2), Free movement of services (Chapter 3), Competition policy (Chapter 6), Horizontal issues of the Internal Market

Country: Czech Republic

Recipient authorities:

  • Ministry of Foreign Affairs (EU Communication Strategy Department)
  • Ministry of Industry and Trade
  • Ministry of Finance
  • Ministry of Justice
  • Ministry of Agriculture
  • Ministry of Education, Youth and Sports
  • Ministry of Internal Affairs
  • Ministry for Regional Development
  • Czech Industrial Property Office
  • Czech Office for Protection of Competition
  • Czech Office for Public Information Systems
  • Czech Office for Standards, Metrology and Testing
  • Czech Accreditation Institute
  • Czech Agricultural and Food Inspection
  • Czech Metrology Institute
  • Czech Mining Authority
  • Czech Standards Institute
  • Czech Telecommunication Office
  • Czech Trade Inspection
  • Forestry and Game Management Research Institute
  • Institute for State Control of Veterinary Biologic and Medicaments
  • Research Institute for Geodesy, Topography and Cartography
  • State Veterinary Administration
  • Association of the Manufacturers and Suppliers of Engineering Technique

Project description:

From September 2001 to June 2002, 15 seminars, workshops and study visits were implemented in Prague, Brno and Copenhagen. Participants in the training were mainly Czech Officials from Czech State Authorities (if additional participants, this will be mentioned in the text). Besides training, consultative work took place by commenting the national Czech legislation and its conformity with the EU Acquis. This was done by help of a report, presented after each seminar / workshop, recommending revision of Czech legislation. 

The activities covered four chapters of the Acquis and horizontal issues all related to the Internal Market, as described below:

Free movement of goods (chapter 1)

Public Procurement

The technical assistance was provided through a seminar, with the immediate objective of introducing the law and methodology of the EU directives on public procurement, as well as practical aspects of application in a Member State.

In particular, the following issues were dealt with: The development of the EC public procurement rules; the aim of the regulation; equal treatment and transparency; the effect of the regulation; the scope and main requirements; the ban on negotiations; technical dialogue and termination of the tender procedures and finally the enforcement of the rules with examples from Denmark.

Technical Barriers to Trade

This seminar was mainly provided for Czech officials and representatives from the private sector. The immediate objective was to introduce the law and functioning of the Internal Market in relation to the issue of technical barriers to trade. 

More specifically, the seminar covered issues such as technical barriers to imports/exports; quantitative restrictions; justifying measures; notification obligations; implementation of an internal market directive; access to the European Court of Justice and finally, practical application of Czech legislation.

European Patent System

The assistance covered a seminar for Czech officials from the Industrial Property Office, together with representatives of other authorities and the Industry.

The seminar aimed at transferring knowledge on the practical consequences experienced in Denmark of accession to the European Patent System. The seminar presented of course the opinions of both the Danish authority and the patent agents to give a fair picture. As with the other seminars, a report recommending revision of Czech legislation was presented in the end.

Notification Procedures

The participants in the training were both Czech officials and representatives of research institutes, manufactures and suppliers.

The training consisted in a seminar and two workshops, aiming at transferring knowledge of the Danish experiences with administration of notification procedures.

The seminar covered details of the application of Directive 98/34/EC, as amended by Directive 98/48/EC, laying down a procedure for the provision of information in the field of technical standards and regulations and in the field of rules on information society services and the obligation to notify according to decision 3052/95/EC. Furthermore, standardisation was covered including "the implementation and the Danish system", enforcement and co-operation with the Commission.

One workshop focused on the EC influence on national law making and included teamwork concerning cases on technical barriers and notification.

Another workshop covered practical cases such as the start of an EC-notification; digression on sector notification procedures; what to do with detailed opinions and comments; a message with a notification from another Member State; final treatment of the notification and finally a discussion of the filing.

Free movement of persons (chapter 2)

Mutual Recognition of Professional Qualifications

The assistance was divided into a seminar and two workshops. The objective was to transfer knowledge to the Czech authorities on the Danish experiences concerning the administration of Mutual Recognition of Professional Qualifications.

The seminar covered issues such as legal background for Free Movement of Persons and Services, freedom of establishment; legal context - equal access to education; initial steps towards mutual recognition – harmonisation; the three general directives (Directive 89/48, Directive 92/51 and Directive 99/42); scope of the obligation to recognise; means of compensation for lack of compatibility and finally institutional issues in recognition procedures.

The specific contents of the workshops have not yet been decided.

Free movement of services (chapter 3)

E-commerce

This seminar was attended by Czech Officials and industrial representatives. The objective was to assist in the development of a policy paper on the implementation of the European E-commerce directive in preparation for further FEU assistance.

The seminar covered issues such as adoption of the directive and its main contents; implementation and Nordic co-operation; Danish legislation and organisation with focus on e-commerce; transposition of the directive into Danish legislation; country of origin-principle, mutual recognition and Internal Market clause; general exemptions, derogation, applicable law and special related directives; general information, price information and commercial communication; requirements of information and technical means in connection with placing of an order and electronic mail; liability of intermediary service providers and finally, provisions not be transposed into the Danish legislation.

Insurance Supervision

The technical assistance included a study visit to the European Institute - Denmark and Danish supervisory counterparts in Copenhagen.

The immediate objective was to assist with the implementation of an insurance supervisory system complying with EU requirements.

Competition Policy (chapter 6)

Practical Aspects of Competition Law

During this seminar, the European Institute presented the methodology and practice of the European Commission and the European Court of Justice, together with practical experience of a member state in the field of competition law.

The seminar dealt with issues such as understanding of dominant positions; investigation of concerted practices; new policy on vertical agreements; mergers; and finally, Danish experience with national and EU competition law.

State Aid

Like above, the objective of the seminar was to present the methodology and practice of the European Commission and the European Court of Justice, together with the practical experience of a member state in the field of State Aid.

The seminar covered issues such as State Aid and the Internal Market; scope and application of the EC-rules on State Aid; exceptions to the EC-rules; procedural rules; regional, rescue and restructuring aid; other state aid (in the banking sector, French and German cases, in the form of guarantees, risk capital and taxation) and finally Danish experiences with national and EU state aid law.

Horizontal issues

Integrated approach for the Internal Market

The project was finalised with a seminar concerning an integrated approach for the Internal Market with joint conclusions from the policy areas mentioned above. In addition, the final seminar included a simulation of a proposal from the European Commission for a directive establishing transitional arrangements for the Internal Market. The training aimed at recipient authorities having participated in the respective sector components mentioned above.