.
10 ALTHOUGH, UNLIKE THE FIRST SECTION OF THE CHAPTER OF THE TREATY RELATING TO THE CUSTOMS UNION ( ARTICLES 12 TO 17 ), SECTION 2 OF THE SAME CHAPTER ( ARTICLES 18 TO 29 ) MAKES NO MENTION OF " CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES ", THIS OMISSION DOES NOT MEAN THAT SUCH CHARGES MAY BE MAINTAINED, STILL LESS INTRODUCED .
11 IN ANSWERING THE QUESTION AS TO THE APPLICATION OF SUCH CHARGES IN TRADE WITH THIRD COUNTRIES, ACCOUNT MUST BE TAKEN BOTH OF THE REQUIREMENTS RESULTING FROM THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF, AND OF THOSE RESULTING FROM A COMMON COMMERCIAL POLICY, WITHIN THE MEANING OF ARTICLES 110 TO 116 OF THE TREATY, WHICH, ACCORDING TO THE ABOVEMENTIONED ARTICLE 3 ( B ), REGULATES TRADE ARRANGEMENTS WITH THIRD COUNTRIES .
12 THE COMMON CUSTOMS TARIFF WAS INTRODUCED, FOR THE COMMUNITY AS ORIGINALLY CONSTITUTED, BY REGULATION NO 950/68 OF THE COUNCIL, WHICH CAME INTO FORCE ON 1 JULY 1968 .
13 ALTHOUGH THAT REGULATION DOES NOT EXPRESSLY ALLOW FOR THE ELIMINATION OR EQUALIZATION OF CHARGES OTHER THAN CUSTOMS DUTIES AS SUCH, IT IS NEVERTHELESS CLEAR FROM ITS OBJECTIVE THAT UNDER IT MEMBER STATES ARE PROHIBITED FROM AMENDING, BY MEANS OF CHARGES SUPPLEMENTING SUCH DUTIES, THE LEVEL OF PROTECTION AS DEFINED BY THE COMMON CUSTOMS TARIFF .
14 EVEN IF THEY ARE NOT PROTECTIVE IN CHARACTER THE EXISTENCE OF SUCH CHARGES MAY BE IRRECONCILABLE WITH THE REQUIREMENTS OF A COMMON COMMERCIAL POLICY .
15 ACCORDING TO ARTICLE 113 ( 1 ) OF THE TREATY, THE COMMON COMMERCIAL POLICY SHALL BE BASED ON UNIFORM PRINCIPLES, PARTICULARLY IN REGARD TO CHANGES IN TARIFF RATES, THE CONCLUSION OF TARIFF AND TRADE AGREEMENTS, THE ACHIEVEMENT OF UNIFORMITY IN MEASURES OF LIBERALIZATION, EXPORT POLICY AND MEASURES TO PROTECT TRADE .
16 THE DEFINITION OF THESE UNIFORM PRINCIPLES INVOLVES, AS DOES THE COMMON TARIFF ITSELF, THE ELIMINATION OF NATIONAL DISPARITIES, WHETHER IN THE FIELD OF TAXATION OR OF COMMERCE, AFFECTING TRADE WITH THIRD COUNTRIES .
17 IT IS FOR THE COMMISSION OR THE COUNCIL TO EVALUATE THESE REQUIREMENTS IN EACH CASE BOTH AS REGARDS THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF AND THE ADOPTION OF THE COMMERCIAL POLICY .
18 IT FOLLOWS THEREFORE THAT SUBSEQUENT TO THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF ALL MEMBER STATES ARE PROHIBITED FROM INTRODUCING, ON A UNILATERAL BASIS, ANY NEW CHARGES OR FROM RAISING THE LEVEL OF THOSE ALREADY IN FORCE .
19 AS REGARDS CHARGES ALREADY IN EXISTENCE, PRIOR EVALUATION BY THE COMMUNITY AUTHORITIES IS NECESSARY IN ORDER TO ESTABLISH THEIR INCOMPATABILITY WITH THE TREATY AND THE OBLIGATION TO ELIMINATE THEM .
20 IT FOLLOWS THAT SUCH CHARGES MAY ONLY BE CONSIDERED TO BE INCOMPATIBLE WITH COMMUNITY LAW PURSUANT TO PROVISIONS ADOPTED BY THE COMMUNITY .
21 THEREFORE A PROHIBITION UPON CHARGES OF THAT NATURE IS THE RESULT IN PARTICULAR OF PROVISIONS, WHICH ARE NOT IN ISSUE HERE, ADOPTED IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY, OF TRADE AGREEMENTS CONCLUDED BY THE COMMUNITY AND