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Topic: Maximum harmonisation

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	Maximum harmonisation and consumer protection - first case review on ECJWatch: « ECJ Watch
		This is a review of the recent case in which the ECJ explored the notion of maximum harmonisation.
		Holding, however, that the Directive was meant to be an instrument of maximum harmonisation, it followed that the general authorisation procedure laid down in Chapter 1 of the Directive had to be applied.
		Harmonisation of authorisation procedures eliminates hindrances to trade in medicinal products between the Member States, and at the same time it may secure consumer protection by, in accordance with Article 95(3) EC, taking as a basis a high level of protection of health.
	ecjwatch.com /2007/10/21/maximum-harmonisation-and-consumer-protection-first-case-review-on-ecjwatch (980 words)

	Maximum harmonisation - Wikipedia, the free encyclopedia
		Maximum harmonisation is a term used in European Union law.
		If a piece a law (usually a directive, but also a regulation on occasion), is described as maximum harmonisation, that means that national law may not exceed the terms of the legislation.
		It is quite common for a directive or recommendation to consist of a mixture of maximum harmonisation and minimum harmonisation clauses.
	en.wikipedia.org /wiki/Maximum_harmonisation (171 words)

	2007 October « ECJ Watch
		Harmonisation continued… the double-headed approach of the ECJ concerning consumer protection
		Noone said that maximum harmonisation was synonymous with total harmonisation.
		The review was written by Dr Vanessa Mak, who is going to speak on the concept of maximum harmonisation in consumer protection law on 21 November at the European and Comparative Law Institute of the University of […]
	ecjwatch.com /2007/10 (655 words)

	CEPS - Thinking Ahead for Europe
		The first of these fundamental elements is the return to the maximum harmonisation approach as contained in the original proposal.
		Hence, the way to harmonise all these national applicable laws is to introduce a maximum harmonisation directive, which would need to be transposed in the same terms in each member state.
		Moreover, maximum harmonisation today is politically unviable, as demonstrated by the two years of strong debate on the proposal, which was rehearsed by the German and British representatives to the Council on the Consumer Credit Directive at an ECRI seminar last October.
	www.ceps.be /wp.php?article_id=395 (991 words)

	Maximum Dimensions
		For example in many Member States it is acceptable to load the vehicle (including the overhang of the load) to an overall length of between 19.75 metres and 20.75 metres and the rear overhang is physically supported using a temporary extension of the vehicle structure to both support and protect the overhanging load.
		ECG considers the present European harmonisation of the maximum dimensions of unloaded vehicles as a first important step, but sees a clear need of continuing the harmonisation process and also to harmonise the maximum authorised dimensions of loaded vehicles involved in international traffic.
		Therefore, we would like to underline that in addition to a harmonisation of the maximum length, height and width, there would be a need to harmonise not only the total length of the loaded vehicle-transporter and the projected overhang, but also the way in which the overhang is achieved.
	www.eurocartrans.org /Topics/maxdim.htm (1766 words)

	House of Lords - European Union - Written Evidence
		The move to maximum harmonisation for consumer credit, alone of all the numerous consumer protection measures introduced by the European Community, was strongly criticised by Member States and by the European Parliament, which amended the proposal to restore the current concept of minimum harmonisation.
		The effect of maximum harmonisation is that, while it may increase consumer protection in countries with less developed consumer credit laws, it will reduce it in those whose laws give greater protection in areas covered by the Directive.
		But the shift to maximum harmonisation will cause serious difficulties of implementation, necessitating a large number of changes to our existing statutory provisions and the elimination of various measures for the protection of the consumer which reflect the particular conditions, practices and areas of concern in the UK consumer credit market.
	www.parliament.the-stationery-office.co.uk /pa/ld200506/ldselect/ldeucom/37/37we07.htm (4568 words)

	Dickie, The European Commissions Consumer Policy Strategy 2002-2006: A Critique' [2003] 3 Web JCLI
		A further argument against the push towards maximum harmonisation is that part of the Community’s strength lies in its legal pluralism (see generally Wilhelmsson 2002).
		The Strategy’s grounds for adopting a general policy of maximum harmonisation are further undermined by the Community’s weak substantive record in the field of consumer law.
		The case for maximum harmonisation is inherently weak and appears entirely unworkable at least until existing problems with Community consumer law are resolved, particularly in the current context of geographic expansion.
	webjcli.ncl.ac.uk /2003/issue3/dickie3.html (2751 words)

	[No title]
		The Commission has given some indication that it intends to adhere to the principle of maximum harmonisation and the regulations relating to mortgage-backed credits while restricting the scope of the modified proposal to elements of relevance to the internal market.
		The reason is clear: maximum harmonisation prohibits regulations by Member States that divert from the directive, even when those regulations have been highly successful in limiting consumer debt.
		This, however, is subject to the abandonment of the concept of maximum harmonisation, without which there is a danger that the more extensive national consumer protection provisions would have to be abolished.
	www.ecri.be /main/presentations/HORNE.doc (1869 words)

	Scottish Charity Legislation: An Evaluation - Chapter 6 Options for Improving Supervision (cont) (Site not responding. Last check: )
		As is clear from our findings in Chapter 2, the Scottish charitable sector is enormously diverse: yet it is clear that within it small charities play a part collectively which greatly exceeds the sum of their individual contributions.
		We examine the "single commission" option more closely in Chapter 7, but it seems to us one of the principal virtues of the Scottish system that the setting of standards is unequivocally a matter for the Scottish Executive, and subject as such to the processes of parliamentary control.
		6.150 Harmonisation of standards across the charitable and voluntary sectors in Scotland and in the UK as a whole might be adopted as a consensual goal, subject always to the consultation procedures guaranteed by the Scottish Parliament.
	www.scotland.gov.uk /cru/kd01/scl/scl-19.htm (5014 words)

	Fountain Court Chambers (Site not responding. Last check: )
		Concerns that the European Parliament might opt for a minimum harmonisation approach, to the detriment of suppliers located in the more highly regulated jurisdictions like the United Kingdom, were not realised.
		The European Parliament endorsed the maximum harmonisation approach favoured by the European Commission in its proposal of 14 October 1998 and proposed a raft of amendments, most of which are to be welcomed.
		If there is to be special regulation then maximum harmonisation is the lesser evil.
	www.fountaincourt.co.uk /publications/pr_finservices_article1.htm (1900 words)

	CEPS Articles
		Another controversial development is the use of maximum harmonisation in some directives.
		However, mandating a maximum level of harmonisation in prospectuses is in contradiction with a fundamental principle of disclosure regulation, that an optimal level of disclosure can never be mandated and that room must therefore be built in for market-driven improvements.
		Maximum harmonisation also opens the way for a single supervisory authority, which some quarters are still pressing for.
	www.ceps.be /Article.php?article_id=130 (940 words)

	German Law Journal - The Proposal for a new Directive concerning Credit for Consumers
		Considering the principle of minimum harmonization more closely, and particularly in regard to the reasons mentioned in the various preambles, led us to the conclusion that this principle was conceptually misleading right from the beginning.
		When harmonization in the field of consumer protection started, minimum harmonization seems to have been the lowest common denominator and therefore the only consensus to be reached.
		[55] National provisions concerning maximum or exorbitant annual percentage rate of charge or any other type of setting or evaluation of maximum or exorbitant rates continue to apply, as these specific aspects are not dealt with in the proposal.
	www.germanlawjournal.com /article.php?id=300 (4363 words)

	BBA - British Bankers' Association - Questions and Speeches
		Ms Price said there could be advantages of maximum harmonisation as lenders would be subject a single set of rules, but these advantages would depend on what the rules were as there was a danger that the wrong rules could lead to consumers being less protected.
		Mr Rawson replied advertising, pre-contractual agreements, and forms of content were all subject to maximum harmonisation but there was a lot of flexibility and the UK would recommend this to the Commission.
		Baroness Thomas queried whether it was a possibility to move a given set of rules from maximum harmonisation to a lesser form of it.
	www.bba.org.uk /bba/jsp/polopoly.jsp?d=538&a=6771&view=print (6121 words)

	Harmonisation and mutual recognition
		There are many initiatives aimed at the harmonisation of requirements for the agricultural compounds and veterinary medicine registration system throughout the major parts of the world.
		The main purpose of harmonisation is to develop a shared risk management framework and terminology, and this will enable harmonisation of data requirements.
		Harmonisation is also particularly valuable between Australia and New Zealand and to that end the Australia New Zealand Registration Manage-ment Committee has been established.
	www.nzfsa.govt.nz /acvm/publications/agvetlink/issue-18/article14.htm (532 words)

	Consultation toward Part 135 Civil Aviation Rules (Site not responding. Last check: )
		The new rules are structured in a manner similar to the Federal Aviation Regulations (FAR) of the FAA, and aim to achieve maximum harmonisation whilst allowing for national variations.
		Close co-operation is also being maintained with the Civil Aviation Safety Authority of Australia to ensure maximum harmonisation with their regulatory code.
		This balance must enable the State authority to set standards for, and monitor performance of, aviation participants whilst providing the maximum flexibility for the participants to develop their own means of compliance.
	www.caa.govt.nz /rules/part135_consultation.htm (7685 words)

	Euro Coop - Communiqués de Presse
		The Seminar was held to discuss the Principle of Maximum Harmonisation of Consumer Legislation and whether it is good for consumers.
		EU consumer legislation is increasingly based on this Principle, yet some consumers are concerned that maximum harmonisation could in reality result in lower levels of protection.
		The European Commission Consumer Policy Strategy 2002-2006 stresses the need to progressively adapt existing consumer legislation from minimum to maximum harmonisation measures in order to meet the objective of ensuring a high, common level of consumer protection across the EU.
	www.eurocoop.org /publications/fr/press/conference03.asp (191 words)

	Council of Europe. Recommendation No. R (89) 4 on collection of epidemiological data on primary health care
		Data from mother and child care services and school health services are important in the epidemiological perspective, as well as in the health care and planning perspectives, and should also be related to data from the primary health care services.
		Efforts should be made to harmonise the format and content of medical records in primary health care.
		The experience gained from these activities should be widely diffused so as to obtain maximum harmonisation of methods of data collection in primary health care.
	www1.umn.edu /humanrts/instree/coerecr89-4.html (1771 words)

	CEOS
		The need for this continuity, and to ensure that the measurements by different agencies from different countries can be inter-compared and calibrated requires a significant degree of coordination in mission planning and data provision.
		Harmonisation and maximum cost-effectiveness for the total set of space-based observation programmes is the objective of CEOS.
		Harmonisation of the space-based and in-situ observational resources is the aim of IGOS (see annex B).
	www.eohandbook.com /eohb05/ceos/part3_2.html (1240 words)

	CEPS Articles
		It has been used in the prospectus directive to ensure that a single format of prospectus is acceptable throughout the EU.
		While the reasons to move to maximum harmonisation are understandable - to ensure beyond any doubt that the same rules apply throughout the single market - it remains inconsistent with the fundamental single market principles of minimal harmonisation and mutual recognition.
		If standards are the same all-over the EU, it is of little use to continue to apply the home-country control principle, which is a cornerstone of the single financial market.
	www.ceps.be /Article.php?article_id=130& (940 words)

	[No title] (Site not responding. Last check: )
		The recently proposed modernisation of the 1987 directive is founded upon two core policy goals of the European Commission — a shift from minimum to maximum harmonisation in the level of EU-wide consumer protection and the creation of a single, competitive market in financial services.
		We analysis the impact of the current Directive in a number of EU jurisdictions and assess the merits of the new proposals.
		Consumer associations have been broadly supportive of the Commission’s proposal to modernise the earlier 1987 Directive, yet does the maximum harmonisation strategy favoured by the Commission risk endangering specific consumer protection rights existing in a number of Member States.
	www.iacl.ca /documents/Doris.doc (339 words)

	Attached FAQs
		Technical barriers are to be reduced through transparency, harmonisation of standards and mutual recognition agreements.
		Harmonisation of standards for these products groups is carried out through alignment of national standards with relevant international standards and the harmonisation process
		In addition, harmonisation of maximum residue limits (MRLs) of pesticides in vegetables is being carried out in ASEAN (i.e.
	www.aseansec.org /economic/afta/faqs.htm (1753 words)

	Proposed European Credit Directive (Site not responding. Last check: )
		We believe that the Consumer Credit Directive does not provide this measure of protection for UK consumers because of the maximum harmonisation approach and the lack of adequate measures to protect vulnerable consumers.
		The alternative would be a directive based on high level principle connected to a process of implementation that is adaptable and which allows progressive harmonisation on an operational level rather than on the basis of slow rigid primary legislation.
		As early settlement is closely connected to explicit price (directly so for consumers who are considering early settlement from the outset) a maximum harmonization approach would appear to be reasonable.
	www.citizensadvice.org.uk /macnn/index/campaigns/social_policy/consultation_responses/cr_consumerandebt/consultation_on_the_proposed_european_credit_directive.htm (2924 words)

	Insight (Site not responding. Last check: )
		The European Commission amended it in July 1999, proposing "maximum harmonisation" - in other words, that the detail of implementation should be as similar as possible in all Member States.
		Many Member States wanted a "minimum harmonisation" approach that would allow a degree of freedom around implementing the Directive into national law.
		But the UK, France, Luxembourg, Netherlands, Belgium and Spain are still supporting maximum harmonisation.
	mrc.royalmail.co.uk /InsightGetR.nsf/vwkByTitle/legal-distance-status?openDocument (160 words)

	Dietary supplements, Nutraceuticals, Functional foods, Health ingredients, Herbals
		23/11/2007 - While the harmonisation of the EU's food laws is supported by industry, legislation should be simplified to make it easier for small businesses to compete, according to a European Commission report.
		Maximum level models not fit for purpose, scientists claim
		25/10/2007 - Methods the European Commission has looked at for calculating maximum levels for vitamins and mineral are scientifically...
	www.nutraingredients.com /news/Legislation.asp (499 words)

	VDA - Auto 2003
		By no means all contracts (sale or credit) are signed at the car showroom; many are signed at the customer’s domicile with field repres- entatives.
		VDA also criticises this “maximum harmonisation ” approach as it affects a territory of civil law which the member states ought to be left to govern under the subsidiarity principle.
		Moreover, all the clauses aimed maximum harmonisation should be removed.
	www.vda.de /en/service/jahresbericht/auto2003/auto+maerkte/g_74.html (349 words)

	Economic Cooperation
		To ensure maximum use of state-of-the-art information technology to assist in the efficient performance of all international trade and customs functions and activities.
		Member countries are also working on the harmonisation of standards, conformity assessment procedures and technical regulations for the priority products as well as the harmonisation of conformity assessment procedures for cosmetic products.
		A regional Pest Risk Analysis Workshop on the harmonisation of phytosanitary measures was held in Subang, Selangor, Malaysia in June 1997.
	www.aseansec.org /9127.htm (3323 words)

	House of Lords - European Union - Written Evidence
		The Directive should seek to achieve a sufficient degree of harmonisation to enhance cross/border trade and promote uniform consumer protection measures.
		The Sub-Committee agrees with the DTI's approach that there should be tempered harmonisation and not maximum harmonisation.
		It does, however, require to be carefully weighed against the lender's requirement to achieve certainty.
	www.publications.parliament.uk /pa/ld200506/ldselect/ldeucom/37/37we04.htm (1333 words)

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