Keywords

Summary



Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITIONS - SCOPE

( EEC TREATY , ART . 30 ET SEQ .)

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - COMMUNITY RULES FOR GRANTING AID FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS - EXCLUSION

( EEC TREATY , ART . 34 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - RULES FOR GRANTING AID - DIFFERENT TREATMENT OBJECTIVELY JUSTIFIED - NO DISCRIMINATION

( EEC TREATY , ART . 40 ( 3 ), SECOND PARAGRAPH )

4 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - RULES FOR GRANTING AID - PRIOR ADMINISTRATIVE SUPERVISION - WHETHER PERMISSIBLE

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS - RULES FOR GRANTING SUCH AID - REQUIREMENTS OF PROOF - IMPERATIVE

( COMMISSION REGULATION NO 1725/79 , ARTS 6 ( 2 ) AND 7 )

Summary

1 . THE PROHIBITION OF QUANTITATIVE RESTRICTIONS ON EXPORTS AND OF ALL MEASURES HAVING EQUIVALENT EFFECT APPLIES NOT ONLY TO NATIONAL MEASURES BUT ALSO TO MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS .

2 . ARTICLE 34 RELATES TO MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION AT THE EXPENSE OF THE PRODUCTION OR OF THE TRADE OF OTHER MEMBER STATES .

THAT DOES NOT APPLY TO COMMUNITY RULES WHICH , WHILST NOT LAYING DOWN IDENTICAL CONDITIONS , PRESCRIBE AT LEAST EQUIVALENT CONDITIONS REGARDING ADMINISTRATIVE SUPERVISION BOTH FOR EXPORTS IN BULK OF COMPOUND FEEDINGSTUFFS AND FOR THE MARKETING THEREOF WITHIN THE COUNTRY .

3 . BY PROHIBITING ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY , ARTICLE 40 ( 3 ) OF THE TREATY REQUIRES THAT LIKE SITUATIONS SHOULD NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENT TREATMENT IS OBJECTIVELY JUSTIFIED . THERE IS NO DISCRIMINATION WITHIN THE MEANING OF THAT ARTICLE WHEN THE DIFFERENCE IN THE METHOD BY WHICH THE AID IS PAID CORRESPONDS TO AN OBJECTIVE DIFFERENCE BETWEEN THE EXPORT SITUATION , ON THE ONE HAND , AND THAT OF TRADE WITHIN A MEMBER STATE , ON THE OTHER .

4 . BY VIRTUE OF THE PRINCIPLE OF PROPORTIONALITY , MEASURES ADOPTED BY COMMUNITY INSTITUTIONS MUST NOT EXCEED WHAT IS APPROPRIATE AND NECESSARY TO ATTAIN THE OBJECTIVE PURSUED .

THAT PRINCIPLE IS NOT BREACHED BY RULES WHICH PRESCRIBE PRIOR ADMINISTRATIVE SUPERVISION TO ENSURE COMPLIANCE WITH THE CONDITIONS FOR THE PAYMENT OF AID WHERE THE SUMS INVOLVED ARE PARTICULARLY LARGE AND THERE IS A PARTICULAR DANGER OF FRAUD .

5 . SINCE THE PURPOSE OF THE RULES FOR GRANTING AID FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS IS TO EXCLUDE THE POSSIBILITY OF AID BEING PAID TWICE , AS WELL AS THAT OF THE GOODS RE-ENTERING NORMAL MARKET CHANNELS , AND THEREBY TO PREVENT FRAUDULENT PRACTICES , THE FORMALITIES REGARDING PROOF MUST CONTINUE TO BE RIGOROUSLY APPLIED BOTH TO EXPORTS AND TO INLAND DELIVERIES .