A BASIS FOR THE INTERPRETATION OR A RULE FOR THE APPLICATION OF LATER NATIONAL PROVISIONS WHICH CONFLICT WITH THE PROVISIONS OF GATT , IS THE NATIONAL COURT OBLIGED TO TAKE THE VIEW , HAVING REGARD TO THE ATTRIBUTION OF JURISDICTION UNDER ARTICLE 177 OF THE TREATY , THAT GATT , WITH SPECIFIC REFERENCE TO THE PROVISIONS REFERRED TO IN THE FOLLOWING QUESTION , OPERATES PROVISIONS REFERRED TO IN THE FOLLOWING QUESTION , OPERATES AT THE LEVEL OF A MERE INTERNATIONAL OBLIGATION AND HAS NO DIRECT EFFECT INTERNALLY , OR ELSE THAT IT DOES HAVE SUCH EFFECT WITH REGARD TO RELATIONS BETWEEN PARTIES , AND , IF THE LATTER IS THE CASE , HAS GATT THE SAME STATUS AS , OR GREATER STATUS THAN , THE CONFLICTING NATIONAL PROVISIONS?
( C ) IF AN AFFIRMATIVE REPLY IS GIVEN TO QUESTION A AND WHATEVER THE REPLY TO QUESTION B , WITH A VIEW TO PROVIDING THE NATIONAL COURT WITH GUIDELINES RELEVANT TO THE INTERPRETATION OF THE NATIONAL PROVISIONS :
IN THE LIGHT OF THE RULES LAID DOWN IN ARTICLE V ( 3 ) OF GATT IN RELATION TO GOODS ORIGINATING FROM COUNTRIES WHICH ARE NOT PARTIES THERETO BUT INTENDED FOR THE MARKET IN COUNTRIES WHICH ARE PARTIES , IS THE NATIONAL LEGISLATURE PROHIBITED , AND IF SO , WITHIN WHAT LIMITS AND UNDER WHAT CONDITIONS , FROM PROVIDING FOR THE IMPOSITION OF CHARGES ( SUCH AS THE REVENUE CHARGE ON GOODS UNLOADED OR LOADED IN ALL NATIONAL SEA PORTS AND THE PORT CHARGE ON GOODS UNLOADED OR LOADED IN SOME ONLY OF THOSE PORTS , REFERRED TO RESPECTIVELY IN THE FIRST AND SECOND PARAGRAPHS OF ARTICLE 2 OF DECREE-LAW NO 47 OF 28 FEBRUARY 1974 , CONVERTED INTO A LAW BY LAW NO 117 OF 16 APRIL 1974 ) BOTH ON DOMESTIC PRODUCTS OR PRODUCTS TREATED AS SUCH AND ON IMPORTED PRODUCTS , ON THE OCCASION OF THE UNLOADING OR LOADING OF THOSE GOODS IN SEA PORTS OF THE COUNTRY BELONGING TO GATT , WHICH CHARGES ARE LEVIED ON THE IMPORTED PRODUCT EVEN WHERE , HAVING ORIGINATED IN A COUNTRY WHICH IS NOT A PARTY TO GATT , IT IS MERELY IN TRANSIT THROUGH NATIONAL TERRITORY AND IS BOUND FOR THE MARKET OF ANOTHER COUNTRY WHICH IS A PARTY TO GATT , AND EVEN WHERE - PARTICULARLY WITH REGARD TO THOSE OF THE SAID CHARGES WHICH ARE LAID DOWN FOR SPECIFIED PORTS ADMINISTERED BY AUTONOMOUS AUTHORITIES FOR WHICH THE CHARGES ARE IN PART INTENDED - THE OPERATIONS OF UNLOADING , LOADING AND FORWARDING TO THE MARKET FOR WHICH THE GOODS ARE FINALLY INTENDED ARE CARRIED OUT EXCLUSIVELY BY A COMMERCIAL UNDERTAKING USING PLANT AND INSTALLATIONS CONSTRUCTED , MANAGED AND MAINTAINED BY THAT UNDERTAKING , WITHOUT THE PROVISION OF ANY DIRECT AND SPECIFIC SERVICE BY THE PORT AUTHORITY?
( D ) REGARDLESS OF THE REPLIES TO QUESTIONS A , B AND C :
1 . IN THE LIGHT OF THE PRINCIPLES ON WHICH COMMUNITY SYSTEM IS BASED REGARDING THE PROPER ROLE OF COMPETITION