Keywords

Summary



Keywords

1 . INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED BY THE MEMBER STATES - GATT - SUBSTITUTION OF THE COMMUNITY FOR THE MEMBER STATES - DATE ON WHICH IT TOOK EFFECT

2 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - INTERPRETATION - PROVISIONS OF GATT - DATE OF COMMENCEMENT OF THE JURISDICTION OF THE COURT

( EEC TREATY , ART . 177 , FIRST PARA .)

3 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - INTERPRETATION - ACTS OF THE INSTITUTIONS - CONCEPT - TARIFF PROTOCOLS CONCLUDED BY THE COMMUNITY WITHIN THE FRAMEWORK OF GATT

( EEC TREATY , ART . 177 , FIRST PARA . UNDER ( B ))

4 . INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED BY THE MEMBER STATES - GATT - TARIFF PROTOCOLS CONCLUDED BY THE COMMUNITY - PERIOD BEFORE THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF - EFFECTS IN THE LEGAL ORDER OF THE MEMBER STATES - LIMITS

5 . FREE MOVEMENT OF GOODS - TRADE WITH NON-MEMBER COUNTRIES - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT IMPOSED BEFORE THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF - PERMISSIBILITY - CONDITIONS

Summary

1 . THE SUBSTITUTION OF THE COMMUNITY FOR THE MEMBER STATES IN RELATION TO COMMITMENTS UNDER THE GENERAL AGREEMENT ON TARIFFS AND TRADE TOOK PLACE ON 1 JULY 1968 , FOLLOWING THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF . IT WAS AT THAT TIME THAT THE COMMUNITY , IN ADVANCE OF THE TIME FIXED FOR THE END OF THE TRANSITIONAL PERIOD , ASSUMED ITS FULL POWERS IN RELATION TO THE SPHERE COVERED BY GATT .

2 . SINCE AS REGARDS THE FULFILMENT OF THE COMMITMENTS LAID DOWN IN THE GENERAL AGREEMENT ON TARIFFS AND TRADE THE COMMUNITY HAS BEEN SUBSTITUTED FOR THE MEMBER STATES WITH EFFECT FROM 1 JULY 1968 , THE DATE ON WHICH THE COMMON CUSTOMS TARIFF WAS BROUGHT INTO FORCE , THE PROVISIONS OF THAT AGREEMENT HAVE SINCE THAT DATE BEEN AMONGST THOSE WHICH THE COURT OF JUSTICE HAS JURISDICTION , BY VIRTUE OF ARTICLE 177 OF THE EEC TREATY , TO INTERPRET BY WAY OF A PRELIMINARY RULING , REGARDLESS OF THE PURPOSE OF SUCH INTERPRETATION . WITH REGARD TO THE PERIOD PRIOR TO THAT DATE , SUCH INTERPRETATION IS A MATTER EXCLUSIVELY FOR THE COURTS OF THE MEMBER STATES .

3 . THE TARIFF PROTOCOLS OF 16 JULY 1962 AND 30 JUNE 1967 ARE ACTS OF THE INSTITUTION OF THE COMMUNITY WITHIN THE MEANING OF SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 OF THE TREATY AND AS SUCH FALL WITHIN THE JURISDICTION TO GIVE PRELIMINARY RULINGS CONFERRED UPON THE COURT OF JUSTICE .

4 . IN RELATION TO THE PERIOD BEFORE 1 JULY 1968 , THE DATE ON WHICH THE COMMON CUSTOMS TARIFF ENTERED INTO FORCE , BOTH THE TARIFF ITSELF AND THE CONCESSIONS AND BINDINGS CONTAINED IN THE TARIFF PROTOCOLS NEGOTIATED AT THAT TIME IN THE FRAMEWORK OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE DID NOT CONSTITUTE A DEFINITE OBLIGATION FOR THE MEMBER STATES , BUT REPRESENTED RATHER AN OBJECTIVE BY REFERENCE TO WHICH THEY WERE TO DIRECT THEIR MEASURES OF ALIGNMENT OF THEIR NATIONAL TARIFFS WITH THE COMMON CUSTOMS TARIFF . IT FOLLOWS THAT , IN RELATION TO THE PERIOD BEFORE 1 JULY 1968 , THE TARIFF PROTOCOLS OF 16 JULY 1962 AND 30 JUNE 1967 DID NOT PROTECT INDIVIDUALS AGAINST THE IMPOSITION BY A MEMBER STATE OF A CHARGE ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES .

5 . THE MEMBER STATES ARE PROHIBITED , BY VIRTUE OF THE PROVISIONS OF THE TREATY ON THE CUSTOMS UNION ( ARTICLES 18 TO 29 ) AND ON THE COMMON COMMERCIAL POLICY ( ARTICLE 113 ), FROM ALTERING THE LEVEL OF THE CHARGE IMPOSED UNDER THE COMMON CUSTOMS TARIFF . THEREFORE A MEMBER STATE MAY NOT UNILATERALLY RAISE THE LEVEL OF THE COMMON CUSTOMS TARIFF BY THE IMPOSITION OF ADDITIONAL NATIONAL DUTIES OR CHARGES .

HOWEVER , THE CHARGES WHICH WERE ALREADY IN EXISTENCE AT THE DATE OF THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF COULD NOT , IN PARTICULAR ON GROUNDS OF LEGAL CERTAINTY , BE REGARDED AS INAPPLICABLE EXCEPT BY VIRTUE OF SPECIAL PROVISIONS ADOPTED BY THE COMMUNITY .

IN RELATION TO THE PERIOD AFTER 1 JULY 1968 , THE DATE OF THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF , NO PROVISION OF COMMUNITY LAW PREVENTED THE IMPOSITION ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES OF A CHARGE SUCH AS THE DUTY FOR ADMINISTRATIVE SERVICES IN SO FAR AS IT WAS ALREADY IN EXISTENCE ON THAT DATE . THAT DUTY COULD THEREFORE LAWFULLY BE CHARGED DURING THE SAID PERIOD UNTIL ITS ABOLITION BY THE NATIONAL LEGISLATURE .