Keywords

Summary



Keywords

1 . COMMERCIAL POLICY - FRUIT AND VEGETABLES - TABLE GRAPES - IMPORTS FROM SPAIN - YEARS 1970 AND 1971 - PROTECTIVE MEASURES - AUTHORIZATION - PERMISSIBILITY

( EEC TREATY , ARTICLE 115 )

2 . COMMERCIAL POLICY - FRUIT AND VEGETABLES - TABLE GRAPES - IMPORTS FROM SPAIN - QUANTITATIVE RESTRICTIONS IN EXISTENCE PRIOR TO REGULATION NO 2513/69 - APPLICATION DURING THE PART OF THE YEAR BETWEEN 1 JULY AND 31 DECEMBER - PERMISSIBILITY

( REGULATION NO 2513/69 OF THE COUNCIL ; AGREEMENT BETWEEN THE EEC AND SPAIN , ANNEX I , ARTICLES 1 AND 11 )

3 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

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

( EEC TREATY , ARTICLES 30 AND 115 )

5 . TRADE - FRUIT AND VEGETABLES - QUALITY - CONTROL - COMMUNITY RULES - ORIGIN OF PRODUCTS - PROOF - REQUIREMENT NOT JUSTIFIED

( REGULATION NO 158/66/EEC , ARTICLE 3 ; REGULATION NO 93/67/EEC , ARTICLE 3 )

6 . TRADE - FRUIT AND VEGETABLES - QUALITY - INFRINGEMENTS - PENALTIES WITHIN THE MEANING OF ARTICLE 8 OF REGULATION NO 158/66 - PROHIBITION ON DISTINCTION ACCORDING TO THE ORIGIN OF THE PRODUCT

Summary

1 . FOR THE YEARS 1970 AND 1971 THE EXISTENCE OF THE COMMERCIAL AGREE- MENT BETWEEN THE COMMUNITY AND SPAIN FORMED NO OBSTACLE TO THE APPLICATION TO IMPORTS OF TABLE GRAPES OF ARTICLE 115 OF THE TREATY .

2 . HAVING REGARD TO THE COMBINED PROVISIONS OF ARTICLE 1 OF REGULATION NO 2513/69 AND OF ARTICLES 1 AND 11 OF ANNEX I TO THE AGREEMENT BETWEEN THE EEC AND SPAIN , MEMBER STATES COULD CONTINUE TO APPLY TO TABLE GRAPES OF SPANISH ORIGIN DURING THE PART OF THE YEAR BETWEEN 1 JULY AND 31 DECEMBER QUANTITATIVE RESTRICTIONS IN EXISTENCE PRIOR TO REGULATION NO 2513/69 .

3 . IT IS NOT FOR THE COURT OF JUSTICE TO ASSESS WHETHER QUESTIONS REFERRED TO IT BY A NATIONAL COURT UNDER ARTICLE 177 OF THE TREATY ARE RELEVANT TO THE NATURE AND SUBJECT-MATTER OF THE ACTION BEFORE THAT COURT , SINCE IN ACCORDANCE WITH THE STRUCTURE OF THE PROCEDURE FOR A PRELIMINARY RULING SUCH ASSESSMENT COMES WITHIN THE JURISDICTION OF THE NATIONAL COURT .

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 ADMIN- ISTRATIVE 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 . THE RULES RELATING TO CONTROL OF THE QUALITY OF PRODUCTS CANNOT OF THEMSELVES JUSTIFY A REQUIREMENT TO PRODUCE DOCUMENTS CONCERNING THE ORIGIN OF PRODUCTS , ON CONDITION HOWEVER THAT WHEN AN INSPECTION IS CARRIED OUT THE INSPECTOR MAY REQUIRE PROOF THAT THE COMPULSORY DECLARATIONS ARE IN ACCORDANCE WITH THE FACTS .

6 . ARTICLE 8 OF REGULATION NO 158/66 SEEKS TO PENALIZE ANY INFRINGEMENT , WITHOUT DISTINCTION AS TO THE ORIGIN OF THE PRODUCT . NATIONAL MEASURES ENTAILING SUCH DISTINCTIONS MAY , WHERE APPROPRIATE , BE REGARDED AS DISCRIMI- NATORY AND THEREBY INCOMPATIBLE WITH THE TREATY , IN PARTICULAR ARTICLE 30 .