TO THE GOODS IMPORTED BY TRAVELLERS COMING FROM A NON-MEMBER COUNTRY , REGULATION NO 1544/69 DOES NOT REQUIRE THAT THEY SHOULD COME FROM THE CUSTOMS TERRITORY OF A NON-MEMBER COUNTRY OR EVEN THAT THEY SHOULD HAVE BEEN PLACED IN FREE CIRCULATION FOR CUSTOMS PURPOSES IN THAT COUNTRY . IT DOES NOT MATTER WHETHER THE GOODS FROM A MEMBER STATE OR FROM A NON-MEMBER COUNTRY .
DIRECTIVE NO 69/169 IS LARGELY IDENTICAL AS TO ITS STRUCTURE AND CONTENT WITH REGULATION NO 1544/69 : IN BOTH CASES THE EXEMPTIONS IN QUESTION RELATE TO THE MOVEMENT OF TRAVELLERS ACROSS A FRONTIER . THE CONSIDERATIONS WHICH THE COUNCIL SETS OUT WITH REGARD TO REGULATION NO 1544/69 ARE ACCORDINGLY APPLICABLE TO DIRECTIVE NO 69/169 .
ON THE QUESTION WHETHER REGULATION NO 3023/77 IS VOID BECAUSE IT IS IN BREACH OF A SUPERIOR RULE OF COMMUNITY LAW THE COUNCIL REFERS TO THE REPLY WHICH IT GAVE ON 19 JULY 1978 TO WRITTEN QUESTION NO 1316/77 BY MR NOTENBOOM , A MEMBER OF THE ASSEMBLY , WHO ASKED INTER ALIA :
' ' 2 . WHAT POLITICAL , ECONOMIC AND LEGAL JUSTIFICATIONS CAN THE COUNCIL ADDUCE TO SUPPORT THE PROVISIONS OF REGULATION ( EEC ) NO 3023/77 . . . ?
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THE COUNCIL GAVE THE FOLLOWING REPLY TO THAT QUESTION :
' ' 2 . THE COUNCIL CONSIDERS THAT , BEARING IN MIND THE AIM OF PUTTING AN END TO ABUSES , IT GAVE DUE CONSIDERATION IN REGULATION ( EEC ) NO 3023/77 TO THE POLITICAL , ECONOMIC AND LEGAL ASPECTS OF THE PROBLEMS PRESENTED AND THUS ENDEAVOURED , IN A LIMITED AND NON-DEFINITIVE MANNER :
- TO TAKE ACCOUNT OF THE CONSEQUENCES OF SUCH MEASURES FOR ECONOMIC ACTIVITY AND EMPLOYMENT IN CERTAIN REGIONS OF THE COMMUNITY BORDERING ON THIRD COUNTRIES AND SUBJECT TO COMPETITION FROM THE LATTER IN THE SAME SECTORS OF ACTIVITY ;
- TO AVOID UNFAVOURABLE ECONOMIC EFFECTS BOTH ON COMMUNITY PRODUCTS AND ON PRODUCTS IMPORTED FROM THIRD COUNTRIES AND RELEASED TO THE MARKET IN THE COMMUNITY , AND ANY DISTORTION OF COMPETITION BETWEEN TRADERS AND DISCRIMINATION BETWEEN COMMUNITY CONSUMERS , PARTICULARLY WITH REGARD TO AGRICULTURAL PRODUCTS , OF WHICH THERE IS A SURPLUS IN THE COMMUNITY ;
- TO ESTABLISH EQUAL CONDITIONS OF COMPETITION FOR COMMUNITY AGRICULTURAL PRODUCTS AND FOR THESE SAME PRODUCTS COMING FROM THIRD COUNTRIES , WHEN SOLD ON BOARD SHIP ;
- TO PROTECT THE COMMUNITY ' S BUDGETARY INTERESTS BY RESTRICTING THE GRANTING OF THE EXEMPTIONS AUTHORIZED UNDER THE REGULATION TO VERY SMALL QUANTITIES AND SPECIFIC PRODUCTS AND BY MERELY MAKING THESE ARRANGEMENTS OPTIONAL FOR THE MEMBER STATES . ' '
( OFFICIAL JOURNAL 1978 , C 199 , P . 17 ).
REGULATION NO 3023/77 IS NOT IN BREACH OF THE PRINCIPLE OF EQUALITY OR THE PROHIBITION OF DISCRIMINATION . FIRST OF ALL WITH REGARD TO CONSUMERS ANYONE MAY GO ON THE CRUISES IN QUESTION AND THUS TAKE ADVANTAGE OF THE EXCEPTIONAL PROVISIONS IF THE MEMBER STATE HAS EXERCISED THE POWER TO GRANT THE EXEMPTION FROM