18 AND 20 OF REGULATION NO 19/62 AND ARTICLES 18 AND 21 OF REGULATION NO 120/67, ON THE OTHER .
ON THE SECOND QUESTION
4 IN THE SECOND QUESTION, THE COURT IS ASKED TO DECLARE WHETHER A CHARGE IMPOSED SOLELY ON IMPORTED GOODS ( WHETHER COMING FROM MEMBER COUNTRIES OR FROM THIRD COUNTRIES ) SOLELY BECAUSE THEY HAVE BEEN UNLOADED IN THE NATIONAL PORTS CONSTITUTES A " CHARGE HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES ", WHICH IS PROHIBITED UNDER THE ABOVEMENTIONED PROVISIONS OF THE REGULATIONS .
5 THE FILE DISCLOSES THAT THE PRESENT CASE IS CONCERNED WITH THE CHARGE DESIGNATED " UNLOADING CHARGE " IN ARTICLE 27 OF THE ITALIAN LAW NO 82 OF 9 FEBRUARY 1963 ON THE SUBJECT OF MARITIME CHARGES AND DUTIES LEVIED ON GOODS COMING FROM ABROAD AND UNLOADED IN THE PORTS, ROADSTEADS AND WHARVES OF THE STATE PENDING FINAL OR TEMPORARY IMPORTATION .
FOR CEREALS, THIS DISEMBARKATION DUTY AMOUNTS TO 30 LIRE PER METRIC TON .
INCOME FROM THE DUTY IS DEVOTED TO THE PROVISION AND MAINTENANCE OF PORT INSTALLATIONS .
6 THE PROHIBITION OF ALL CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT COVERS ANY CHARGE LEVIED AT THE TIME OR BY REASON OF IMPORTATION AND WHICH, SPECIFICALLY AFFECTING THE IMPORTED PRODUCT AND NOT THE HOME-PRODUCED PRODUCT, HAS THE SAME RESTRICTIVE EFFECT ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY .
THE LEVYING OF SUCH A CHARGE, HOWEVER SMALL, TOGETHER WITH THE ADMINISTRATIVE FORMALITIES WHICH IT OCCASIONS, CONSTITUTE AN OBSTRUCTION OF THE FREE MOVEMENT OF GOODS .
ON QUESTIONS 3 AND 6
7 IN THE THIRD AND SIXTH QUESTIONS, THE COURT IS ASKED WHETHER THE PROVISIONS OF ARTICLES 18 AND 20 OF REGULATION NO 19/62 AND OF ARTICLES 18 AND 21 OF REGULATION NO 120/67 ARE TO BE CONSIDERED AS RULES DIRECTLY APPLICABLE IN MEMBER STATES, THUS CONFERRING RIGHTS ON PRIVATE PARTIES WHICH THE NATIONAL COURTS MUST PROTECT .
8 BY THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY, A REGULATION " SHALL HAVE GENERAL APPLICATION " AND " SHALL BE DIRECTLY APPLICABLE IN ALL MEMBER STATES ".
ACCORDINGLY, OWING TO ITS VERY NATURE AND ITS PLACE IN THE SYSTEM OF SOURCES OF COMMUNITY LAW, A REGULATION HAS IMMEDIATE EFFECT AND, CONSEQUENTLY, OPERATES TO CONFER RIGHTS ON PRIVATE PARTIES WHICH THE NATIONAL COURTS HAVE A DUTY TO PROTECT .
THE ANSWER TO THE QUESTION MUST THEREFORE BE IN THE AFFIRMATIVE .
ON QUESTIONS 4 AND 5
9 IN THE FOURTH AND FIFTH QUESTIONS, THE COURT IS, IN EFFECT, ASKED TO DETERMINE WHETHER THE DISPUTED PROVISIONS OF THE REGULATIONS CAN BE INTRODUCED INTO THE LEGAL ORDER OF MEMBER STATES BY INTERNAL MEASURES REPRODUCING THE CONTENTS OF COMMUNITY PROVISIONS IN SUCH A WAY THAT THE SUBJECT - MATTER IS BROUGHT UNDER NATIONAL LAW, AND THE JURISDICTION OF THE COURT IS THEREBY AFFECTED .
10 THE DIRECT APPLICATION OF A REGULATION MEANS THAT ITS ENTRY INTO FORCE AND ITS APPLICATION IN FAVOUR OF OR AGAINST THOSE SUBJECT TO IT ARE INDEPENDENT OF ANY MEASURE OF