Keywords

Summary



Keywords

1 . QUANTITATIVE RESTRICTIONS - ELIMINATION - SCOPE OF APPLICATION - PRODUCTS PUT INTO FREE CIRCULATION IN THE COMMUNITY

( EEC TREATY , ARTICLES 9 AND 30 )

2 . QUANTITATIVE RESTRICTIONS - ELIMINATION - INTRA-COMMUNITY RELATIONS - MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS - CONCEPT

( EEC TREATY , ARTICLES 9 AND 30 )

3 . COMMON COMMERCIAL POLICY - DEROGATIONS - STRICT INTERPRETATION

( EEC TREATY , ARTICLE 115 )

4 . QUANTITATIVE RESTRICTIONS - ELIMINATION - MEASURES HAVING EQUIVALENT EFFECT - PRODUCTS IN FREE CIRCULATION - CUSTOMS DECLARATION - COUNTRY OF ORIGIN - INDICATION - REQUIREMENTS BY THE IMPORTING MEMBER STATE - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ARTICLES 30 AND 115 )

5 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - ELIMINATION - PRODUCTS ORIGINATING IN THIRD STATES - FREE CIRCULATION IN A MEMBER STATE - IMPORTATION INTO ANOTHER MEMBER STATE - LICENCE - REQUIREMENT FOR POSSIBLE APPLICATION OF ARTICLE 115 OF THE EEC TREATY - TRANSITIONAL PERIOD - LEGALITY - CONDITIONS - ' STANDSTILL ' RULE - NATIONAL COURTS - OBLIGATIONS

( EEC TREATY , ARTICLES 8 , 30 , 31 , 32 AND 115 )

Summary

1 . THE PROVISIONS OF ARTICLE 30 CON- CERNING THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT ARE APPLICABLE WITHOUT DISTINCTION TO PRODUCTS ORIGINATING IN THE COMMUNITY AND TO THOSE WHICH WERE PUT INTO FREE CIRCULATION IN ANY ONE OF1 - LANGUAGE OF THE CASE : FRENCH .

THE MEMBER STATES , IRRESPECTIVE OF THE ACTUAL ORIGIN OF THESE PRODUCTS .

2 . MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS PROHIBITED BY THE TREATY INCLUDE ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE . THIS PROVISION PRECLUDES THE APPLICATION TO INTRA-COMMUNITY TRADE OF A NATIONAL PROVISION WHICH REQUIRES , EVEN PURELY AS A FORMALITY , IMPORT LICENCES OR ANY OTHER SIMILAR PROCEDURE . IN ADDITION , ARTICLE 9 ( 2 ) EXCLUDES ANY ADMINIS- TRATIVE PROCEDURE INTENDED TO ESTABLISH BETWEEN PRODUCTS DIFFERENT RULES WITH REGARD TO MOVEMENT DEPENDING ON WHETHER THEY ORIGINATED IN THE COMMUNITY OR , HAVING ORIGINATED IN THIRD COUNTRIES , THEY WERE PUT INTO FREE CIRCULATION IN ONE OF THE MEMBER STATES .

3 . BECAUSE THEY CONSTITUTE NOT ONLY AN EXCEPTION TO THE PROVISIONS OF ARTICLES 9 AND 30 OF THE TREATY WHICH ARE FUNDAMENTAL TO THE OPERATION OF THE COMMON MARKET BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR BY ARTICLE 113 , THE DEROGATIONS ALLOWED UNDER ARTICLE 115 MUST BE STRICTLY INTERPRETED AND APPLIED .

4 . THE REQUIREMENT BY THE IMPORTING MEMBER STATE OF THE INDICATION OF THE COUNTRY OF ORIGIN ON THE CUSTOMS DECLARATION DOCUMENT FOR PRODUCTS IN FREE CIRCULATION WHOSE COMMUNITY STATUS IS ATTESTED BY THE COMMUNITY MOVEMENT CERTIFICATE DOES NOT IN ITSELF CONSTITUTE A MEASURE EQUIVALENT TO A QUANTITATIVE RESTRICTION IF THE GOODS IN QUESTION ARE COVERED BY MEASURES OF COMMERCIAL POLICY ADOPTED BY THAT STATE IN CONFORMITY WITH THE TREATY . SUCH A REQUIREMENT WOULD , HOWEVER , FALL UNDER THE PROHIBITION CONTAINED IN ARTICLE 30 OF THE TREATY IF THE IMPORTER WERE REQUIRED TO DECLARE , WITH REGARD TO ORIGIN , SOMETHING OTHER THAN WHAT HE KNOWS OR MAY REASONABLY BE EXPECTED TO KNOW OR IF THE OMISSION OR INACCURACY OF THAT DECLARATION WERE TO ATTRACT PENALTIES DISPROPORTIONATE TO THE NATURE OF A CONTRAVENTION OF A PURELY ADMINIS- TRATIVE CHARACTER . ANY ADMINISTRATIVE OR PENAL MEASURE WHICH GOES BEYOND WHAT IS STRICTLY NECESSARY FOR THE PURPOSES OF ENABLING THE IMPORTING MEMBER STATE TO OBTAIN REASONABLY COMPLETE AND ACCURATE INFORMATION ON THE MOVEMENT OF GOODS FALLING WITHIN SPECIFIC MEASURES OF COMMERCIAL POLICY MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY .

5 . DURING THE TRANSITIONAL PERIOD NATIONAL RULES MAKING THE IMPORTATION OF PRODUCTS COMING FROM AND IN FREE CIRCULATION IN A MEMBER STATE AND ORIGINATING IN A THIRD COUNTRY SUBJECT TO AN APPLICATION FOR AUTHORIZATION FOR THE PURPOSES OF A POSSIBLE APPLICATION OF ARTICLE 115 OF THE TREATY DID NOT CONSTITUTE A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY IN SO FAR AS THAT REQUIREMENT DID NOT RENDER MORE ONEROUS THE RULES APPLICABLE ON THE ENTRY INTO FORCE OF THE TREATY . IT IS FOR THE NATIONAL COURT TO EXAMINE WHETHER THIS IS SO IN THE INDIVIDUAL CASES BEFORE THEM .