# Consolidated version of the Treaty on the Functioning of the European Union/Title II: Free Movement of Goods

Source: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:115:0001:01:EN:HTML

#### Article 28

(ex Article 23 TEC)
1. The Union shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries.
2. The provisions of Article 30 and of Chapter 2 of this Title shall apply to products originating in Member States and to products coming from third countries which are in free circulation in Member States.

#### Article 29

(ex Article 24 TEC)
Products coming from a third country shall be considered to be in free circulation in a Member State if the import formalities have been complied with and any customs duties or charges having equivalent effect which are payable have been levied in that Member State, and if they have not benefited from a total or partial drawback of such duties or charges.

### CHAPTER 1: THE CUSTOMS UNION
#### Article 30

(ex Article 25 TEC)
Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.

#### Article 31

(ex Article 26 TEC)
Common Customs Tariff duties shall be fixed by the Council on a proposal from the Commission.

#### Article 32

(ex Article 27 TEC)
In carrying out the tasks entrusted to it under this Chapter the Commission shall be guided by:
(a) the need to promote trade between Member States and third countries;
(b) developments in conditions of competition within the Union in so far as they lead to an improvement in the competitive capacity of undertakings;
(c) the requirements of the Union as regards the supply of raw materials and semi-finished goods; in this connection the Commission shall take care to avoid distorting conditions of competition between Member States in respect of finished goods;
(d) the need to avoid serious disturbances in the economies of Member States and to ensure rational development of production and an expansion of consumption within the Union.

### CHAPTER 2: CUSTOMS COOPERATION
#### Article 33

(ex Article 135 TEC)
Within the scope of application of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall take measures in order to strengthen customs cooperation between Member States and between the latter and the Commission.

### CHAPTER 3: PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES
#### Article 34

(ex Article 28 TEC)
Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.

#### Article 35

(ex Article 29 TEC)
Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.

#### Article 36

(ex Article 30 TEC)
The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

#### Article 37

(ex Article 31 TEC)
1. Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.
The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others.
2. Member States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the articles dealing with the prohibition of customs duties and quantitative restrictions between Member States.
3. If a State monopoly of a commercial character has rules which are designed to make it easier to dispose of agricultural products or obtain for them the best return, steps should be taken in applying the rules contained in this Article to ensure equivalent safeguards for the employment and standard of living of the producers concerned.