The European Commission has today decided to request Italy to amend its current legislation on radio receivers so as to ensure its full compliance with EU rules on the free movement of goods. Currently, Italian legislation prohibits the use and marketing of radio receivers which are capable of receiving frequencies other than those set out by Italian legislation and requires that the user manuals of radio receivers contain a declaration of the product’s compliance with Italian legislation. The Commission considers that this unduly restricts the use and marketing of radio receivers lawfully manufactured or marketed elsewhere within the European Union by creating obstacles to their importation into Italy.
The Commission considers that the current Italian legislation constitutes a disproportionate and unjustified barrier to imports of radio receivers from other Member States and breaches rules on the free movement of goods laid down in Articles 34 and 36 of the Treaty on the Functioning of the European Union. The free movement of goods is a precondition for an efficient internal market that brings a wide choice of competitively priced quality products to the European consumer.
Today's decision of the Commission takes the form of a reasoned opinion under EU infringement procedures. If Italy does not inform the Commission within two months of measures taken to ensure full compliance with its obligations under EU law, the Commission may decide to refer Italy to the EU's Court of Justice.
For more information on EU infringement procedures, see MEMO/10/530