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76 Review of the Balance of Competences between the United Kingdom and the European Union: The Single Market
These arrangements mean that Switzerland:
• Has free access to the Single Market only to the extent that this is provided for in the bilateral arrangements;
• Has no say on Single Market legislation, but is not bound by it domestically either;
• Has its exports to the EU bound by rules of origin;
• Is not part of the EU customs union or of the EU’s common trade policy, and may negotiate trade agreements with third countries.
The Turkish relationship is different again. Since 1996 Turkey has had a customs union with the EU covering industrial and processed agricultural goods (not non-processed agricultural goods or coal and steel products). Turkey has to adopt EU provisions on technical barriers to trade and EU product regulations, and have competition and state aid rules equivalent to EU practice.
These arrangements mean that Turkey:
• Has free access to the Single Market for most goods, without rules of origin;
• Must rely on bilateral agreements to provide for access to the Single Market in other areas of the Four Freedoms;
• Has no say on the development of EU Single Market legislation in areas where it must mirror it;
• Must try to negotiate FTAs with third countries covering goods where the EU has negotiated such an FTA, or otherwise find that third countries can export freely to Turkey (via the EU) without giving free access to Turkish goods;
• May negotiate trade agreements with third countries in areas not covered by the customs union.
Annex B: Submissions to the Call for Evidence 77
The following formal responses to the Call for Evidence were received:
AB Sugar All-Party Parliamentary Group on Modern Languages American Chamber of Commerce to the EU Australian Government Austrian Federal Economic Chamber BAE Systems Bar Council Bioindustry Association British American Tobacco British Bankers’ Association British Chambers of Commerce British Influence British Irish Chamber of Commerce British Retail Consortium BT Building Societies Association Business for New Europe CBI Centre for European Reform City of London Corporation Commercial Broadcasters Association Consumers for Health Choice Convention of Scottish Local Authorities Dougan, Michael Euclid Network – European network of civil society professionals European Commission Faure, Jean-Pierre Federation of Small Businesses The Freedom Association 78 Review of the Balance of Competences between the United Kingdom and the European Union: The Single Market Fresh Start GMB Trade Union Government of Japan Hodge, Michael Imperial Tobacco Ltd Industry Council for Packaging and the Environment Institute of Directors Jones, Barry M Kingfisher plc Law Society of England and Wales Levitt, Malcolm Liberal Democrat European Parliamentary Party Lloyd’s National Council for Voluntary Organisations National Farmers Union Next plc Open Europe Open Society European Policy Institute Road Haulage Association Rotherham, Dr. Lee Safelincs Ltd Schroders Scotch Whisky Association Scott, Alan Scottish Highland Institute for Peace Senior European Experts Group Smiths Group plc Standard Life plc Swiss Confederation Tams, Svenja TheCityUK Trades Union Congress UK European Consumer Centre UK Weighing Federation United Utilities plc Vodafone Waring, D The Weir Group plc The Wine and Spirit Trade Association WPP plc Annex B: Submissions to the Call for Evidence 79 Two submissions to this report were specifically commissioned. Professor Catherine Barnard, Professor of European Union Law, University of Cambridge, was commissioned to provide a legal analysis of the development of European competence on the Single Market. Europe Economics was commissioned to consider the economic structure of the Single Market.
In addition to the formal submissions to the Single Market Call for Evidence, the following
responses to other reports have been considered:
The Scotch Whisky Association – submission to the Taxation report Senior European Experts Group – submission to the Foreign Policy report 80 Review of the Balance of Competences between the United Kingdom and the European Union: The Single Market
Annex C:Engagement events
A number of engagement events were held during the duration of the Call for Evidence period
to explore the issues raised in the Call for Evidence. These events included:
Roundtables with business stakeholders, 9 & 31 January, London Legal forum with experts in EU law, 16 January, London Roundtable with think tanks and opinion-formers, 23 January, Brussels In addition, presentations and discussions on the Review were held with a number of other
The Secretary of State’s Panel on Monitoring the Economy Bruegel Workshop on the role of the EU for a stable and efficient Single Market American Chamber of Commerce to the EU (AmCham) Single Market Task Force, Brussels Discussion organised by Malcolm Harbour MEP The States of Guernsey and Jersey
Attendees at these events included:
ABPI AB Sugar Aviva Bar Council Barclays Barnard, Prof. Catherine Black Country Chamber of Commerce British Chambers of Commerce British Retail Consortium CBI CBI Brussels City of London Corporation Construction Industry Council Council of British Chambers of Commerce in Europe (COBCOE) Craig, Prof. Paul Delphi Automotive Annex C: Engagement events 81 Eeckhout, Prof. Piet Federation of Small Businesses Hinarejos, Dr. Alicia Imperial Tobacco Group Lloyd’s Pearson Shell TheCityUK Tridimas, Prof. Takis TUC UK Weighing Federation United Utilities Group plc Weatherill, Prof. Stephen The Weir Group plc Whitbread Group plc 82 Review of the Balance of Competences between the United Kingdom and the European Union: The Single Market
The following list is not exhaustive but sets out some of the main sources drawn upon in preparing the analysis.
The Decline of the Single Market, March 2006 – Open Europe Britain Should Not Go Swiss – John Springford – Centre for European Reform Single Market – Wallflower or Dancing Partner? February 2008 – House of Lords Select Committee Relaunching the Single Market, April 2011 – House of Lords Select Committee The economic consequences for the UK and the EU of completing the Single Market, February 2011 – BIS publication Twenty Years On: The UK and the future of the Single Market, October 2011 – BIS publication Davidson Review of EU legislation, November 2006 – BIS publication Securing EU Growth from Services – Jacques Pelkmans – Centre for European Policy Studies The case for more Single Market – Jacques Pelkmans – Centre for European Policy Studies Mutual Recognition in Goods and Services: An Economic Perspective – Jacques Pelkmans – Centre for European Policy Studies The Digital Single Market 2.0 – Hans Martens and Fabian Zuleeg – EPC publications The Economic Impact of a European Digital Single Market, Copenhagen Economics – EPC publications Europe, globalisation and the Single Market: lessons and comparisons – EPC publications Delivering a stronger Single Market – Copenhagen Economics – EPC publications Why our EU membership offers access to global trade opportunities – John Cooke – TheCityUK In Depth: Series on the EU’s Single Market – BNE The Wall Street Journal – Europe Must Complete its Single Market – BNE Building a Digital Single Market: delivering benefits of the digital economy to Europe’s citizens – BNE Annex D: Other sources used for the review 83 How can the UK lead the completion of the EU’s Single Market? – Lord Brittan speech, Jan 2011 Single Market Act – Eloise Nosworthy – BNE Manifesto for Change – Fresh Start A New Strategy for the Single Market – Mario Monti The EU Single Market: a positive way forward – Bill Cash MP, Bernard Jenkin MP The EU Single Market: A Work in Progress – American Chamber of Commerce to the EU Report with recommendations to the European Commission on the governance of the Single Market (2012/2260(INI)), 28 January 2013 – Committee on the Internal Market and Consumer Protection