Product segmentation as a potential barrier to the single market: different treatment of same products in EU Member States trade

Differences in national legislation across Member States mean that a product may have different purposes and definitions, and therefore be treated differently in one Member State compared to its country of origin. Consequently, if a product is defined differently, it may face difficulties in being marketed in various EU markets. This paper focuses on the demarcation of borderline products, medicinal products, medical devices, cosmetics, biocides and foodstuffs. This demarcation is often regulated differently across Member States. Consequently, the functioning of the internal market may be impeded. The main thesis of this paper is that differing definitions can act as a restriction on the single market. The question arises as to whether a body should be established at EU level to be responsible for matters of definition, in order to facilitate the movement of goods in line with the single market. This paper proposes this as a possible solution.