Wzajemne uznawanie kolejowych regulacji technicznych w umowach Unii Europejskiej o wolnym handlu
Mutual recognition of railway technical rules in EU free trade agreements

Summary/Abstract: Background: While the number of technical barriers to trade is increasing, a recent study on the competitiveness of rail supply industry, commissioned by the European Commission, shows the growing importance of access to foreign markets for European manufacturers of rolling stock and railway equipment. This also applies to domestic producers who have entered foreign markets in recent years. In addition, competitive pressure from Asian manufacturers is growing, what is confirmed by consolidation efforts in Europe. Mutual recognition is one of the important tools for trade liberalization that can ensure greater market accessibility. Research purpose: The author aims to determine whether mutual recognition is used in European commercial policy regarding railway technical regulations, and what are the perquisitions and conditions necessary for its application. The analysis is intended to provide guidance on the use of mutual recognition mechanisms in currently negotiated trade agreements. Methods: Mutual recognition is compared in European Union law and under the Agreement on Technical Barriers to Trade. Furthermore, trade agreements concluded between the Union and four states that are significant exporters of railway products are analyzed. Conclusions: Mutual recognition clauses regarding rail regulations are not used in trade agree¬ments concluded by the EU. More often, third countries undertake to adapt to EU regulations, while making their market available to producers of the community. The author proposes to base future trade agreements on the provisions of the CETA agreement to ensure effective mutual recognition mechanisms. These provisions provide for detailed procedures for assessing specific technical requirements and obligations to inform about changes.

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