Keywords

Summary



Keywords

1 Association of overseas countries and territories - Import into the Community of goods originating in overseas countries and territories - Article 133(1) of the Treaty - Scope - Import of products from non-member countries in free circulation in overseas countries and territories - Excluded

(EC Treaty, Art. 133(1))

2 Association of overseas countries and territories - Implementation by the Council - Adoption of provisions laying down detailed arrangements and procedures for association - Successive decisions - Council's discretion

(EC Treaty, Art. 136, second para.)

3 Association of overseas countries and territories - Customs exemption for products originating in non-member countries but in free circulation in overseas countries and territories under Council Decision 91/482 - Conditions

(EC Treaty, Art. 136, second para.; Council Decision, Art. 101(2))

Summary

4 Article 133(1) of the Treaty must be interpreted as not covering imports of goods in free circulation in overseas countries and territories (OCT) but not originating there. An interpretation whereby it extended to such goods would result in the OCT being granted conditions similar to those which the Member States accord each other under the Treaty and in their being included in the common customs area, a result which goes far beyond what was envisaged by the Treaty.

5 The second paragraph of Article 136 of the Treaty must be interpreted as providing not for a single `further period' following the initial period of five years mentioned in the first paragraph of that article, for which the Council is empowered to adopt provisions needed in order to attain the objectives of the association of overseas countries and territories, but as introducing a regime under which, depending on the progress made, there may be further successive periods, each covered by specific provisions adopted by the Council. The reference to a `further period', unaccompanied by any mention of its duration, is in itself indicative of the fact that the Council enjoys a discretion for the purpose of progressively attaining the objectives mentioned in Article 132 of the Treaty.

6 Since 1 March 1991, pursuant to Article 101(2) of Decision 91/482 on the association of the overseas countries and territories (OCT), adopted by the Council in the exercise of the powers conferred on it by the second paragraph of Article 136 of the Treaty, customs duties may be levied on imports into the Community of goods which originate in non-member countries but are in free circulation in an OCT if the duties paid on importation into the latter were lower than those which would have been levied on importation into the Community.

That provision makes the exemption from customs duties for which it provides in favour of certain goods originating in non-member countries but in free circulation in an OCT conditional upon the prior payment in that OCT of customs duties or charges having equivalent effect, without any refund thereof, at a rate equal to or higher than that of the duties applicable to imports of the same products into the Community.

Such retroactive application of a decision which entered into force on 20 September 1991 is permissible provided that the persons concerned enjoy more favourable conditions that those previously in force and that their legitimate expectations are properly respected.