Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
Date: 1979-03-29
12THEREFORE THE PROVISIONS OF THE ACT OF ACCESSION MUST BE INTERPRETED HAVING REGARD TO THE FOUNDATIONS AND THE SYSTEM OF THE COMMUNITY , AS ESTABLISHED BY THE TREATY . IN PARTICULAR , THE PROVISIONS OF THE ACT OF ACCESSION RELATING TO QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT CANNOT BE INTERPRETED IN ISOLATION FROM THE PROVISIONS OF THE TREATY RELATING TO THESE MATTERS . AS ARTICLE 60 CONCERNS AGRICULTURAL PRODUCTS IT MUST ALSO BE INTERPRETED IN THE LIGHT OF THE PROVISIONS OF THE TREATY RELATING TO THE COMMON AGRICULTURAL POLICY , WITH THE IMPLEMENTATION OF WHICH THAT ARTICLE IS PLAINLY CONCERNED .
13AS REGARDS THE ELIMINATION OF QUANTITATIVE RESTRICTIONS , THE ESTABLISHMENT OF A COMMON MARKET MUST , ACCORDING TO ARTICLE 3 ( A ) OF THE TREATY , INCLUDE FIRST OF ALL ' ' THE ELIMINATION , AS BETWEEN MEMBER STATES , OF CUSTOMS DUTIES AND OF QUANTITATIVE RESTRICTIONS ON THE IMPORT AND EXPORT OF GOODS , AND OF ALL OTHER MEASURES HAVING EQUIVALENT EFFECT ' ' . ARTICLES 30 ET SEQ . PROVIDE FOR THE COMPLETE ELIMINATION , DURING THE TRANSITIONAL PERIOD , OF QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT BETWEEN MEMBER STATES . THE IMPORTANCE OF THAT PROHIBITION FOR THE ACHIEVEMENT OF FREEDOM OF TRADE BETWEEN MEMBER STATES PRECLUDES ANY BROAD INTERPRETATION OF THE RESERVATIONS OR DEROGATIONS IN THAT CONNEXION PROVIDED FOR IN THE ACT OF ACCESSION .
14AS REGARDS THE RELATIONSHIP BETWEEN THAT PROHIBITION AND THE COMMON AGRICULTURAL POLICY , ARTICLE 38 ( 2 ) OF THE TREATY PROVIDES THAT THE RULES LAID DOWN FOR THE ESTABLISHMENT OF THE COMMON MARKET , AND HENCE THOSE RELATING TO THE ELIMINATION OF QUANTITATIVE RESTRICTIONS , SHALL APPLY TO AGRICULTURAL PRODUCTS , SAVE AS OTHERWISE PROVIDED IN THE TITLE ON AGRICULTURE . ARTICLE 40 FIXED THE END OF THE TRANSITIONAL PERIOD AS THE TIME-LIMIT FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , BUT ARTICLES 43 TO 46 ALLOWED THE MEMBER STATES TO RETAIN ON A PROVISIONAL BASIS THE EXISTING NATIONAL ORGANIZATIONS . ARTICLE 38 ( 4 ), WHICH PROVIDES THAT ' ' THE OPERATION AND DEVELOPMENT OF THE COMMON MARKET FOR AGRICULTURAL PRODUCTS MUST BE ACCOMPANIED BY THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY AMONG THE MEMBER STATES ' ' , MAKES CLEAR THE INTENTION TO GIVE PRIORITY TO THE OPERATION AND DEVELOPMENT OF THE COMMON MARKET BY OBLIGING THE INSTITUTIONS AND THE MEMBER STATES TO ESTABLISH A COMMON AGRICULTURAL POLICY AT A CORRESPONDING RATE OF PROGRESS . SINCE ARTICLES 40 AND 41 OF THE TREATY PRESCRIBE DIFFERENT FORMS FOR THE ESTABLISHMENT OF A COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND DO NOT PRECLUDE EVEN FUNDAMENTAL ALTERATIONS OF THAT ORGANIZATION AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD , THE CONTINUANCE OF ALLEGED DEFICIENCIES IN THE ESTABLISHMENT OF THE COMMON AGRICULTURAL POLICY CANNOT , THEREFORE , AFTER THE END OF THAT PERIOD , PREVENT THE APPLICATION OF THE RULES LAID DOWN FOR THE ESTABLISHMENT OF THE COMMON MARKET , AND IN PARTICULAR THE APPLICATION OF THE RULE PROHIBITING QUANTITATIVE RESTRICTIONS .
15IT FOLLOWS , AS THE COURT HELD IN ITS JUDGMENT OF 2 DECEMBER 1974 IN CASE 48/74 CHARMASSON ( 1974 ) ECR 1383 , THAT AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD THE OPERATION OF A NATIONAL MARKET ORGANIZATION CAN NO LONGER PREVENT FULL EFFECT BEING GIVEN TO THE PROVISIONS OF THE TREATY RELATING TO THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT , THE REQUIREMENTS OF THE MARKETS CONCERNED IN THIS RESPECT THENCEFORWARD BECOMING THE RESPONSIBILITY OF THE COMMUNITY INSTITUTIONS . THE EXPIRY OF THE TRANSITIONAL PERIOD LAID DOWN BY THE TREATY MEANT THAT , FROM THAT TIME , THOSE MATTERS AND AREAS EXPLICITLY ATTRIBUTED TO THE COMMUNITY CAME UNDER COMMUNITY JURISDICTION , SO THAT IF IT WERE STILL NECESSARY TO HAVE RECOURSE TO SPECIAL MEASURES , THESE COULD NO LONGER BE DETERMINED UNILATERALLY BY THE MEMBER STATES CONCERNED , BUT HAD TO BE ADOPTED WITHIN THE FRAMEWORK OF THE COMMUNITY SYSTEM DESIGNED TO ENSURE THAT THE GENERAL INTEREST OF THE COMMUNITY WOULD BE PROTECTED .
16IT FOLLOWS FROM ALL THESE CONSIDERATIONS THAT , ALTHOUGH ARTICLE 60 ( 2 ) OF THE ACT OF ACCESSION UNQUESTIONABLY CONSTITUTES A DEROGATION FROM THE RULE LAID DOWN IN ARTICLE 42 , IT CANNOT BE REGARDED AS BEING IN ADDITION A ' ' SPECIAL PROVISION ' '  WITHIN THE MEANING OF ARTICLE 9 ( 2 ) OF THAT ACT . SINCE ARTICLE 9 ( 2 ) LAYS DOWN AS A PRINCIPLE OF THE ACT OF ACCESSION THAT ' ' THE APPLICATION OF THE TRANSITIONAL MEASURES SHALL TERMINATE AT THE END OF 1977 ' ' , THE RESERVATION WHICH IT MAKES CANNOT BE GIVEN A BROAD INTERPRETATION . ON THE CONTRARY , THAT RESERVATION IS TO BE INTERPRETED AS RELATING ONLY TO SPECIAL PROVISIONS WHICH ARE CLEARLY DELIMITED AND DETERMINED IN TIME AND NOT TO A PROVISION , SUCH AS ARTICLE 60 ( 2 ), WHICH REFERS TO AN UNCERTAIN FUTURE EVENT .
17THIS CONCLUSION IS CONFIRMED BY A CONSIDERATION OF THE CONSEQUENCES WHICH WOULD ENSUE FROM THE ALTERNATIVE INTERPRETATION ADVOCATED BY THE UNITED KINGDOM . IN A MATTER AS ESSENTIAL FOR THE PROPER FUNCTIONING OF THE COMMON MARKET AS THE ELIMINATION OF QUANTITATIVE RESTRICTIONS , THE ACT OF ACCESSION CANNOT BE INTERPRETED AS HAVING ESTABLISHED FOR AN INDEFINITE PERIOD IN FAVOUR OF THE NEW MEMBER STATES A LEGAL POSITION DIFFERENT FROM THAT LAID DOWN BY THE TREATY FOR THE ORIGINAL MEMBER STATES . IF ARTICLE 60 ( 2 ) WERE REGARDED AS A ' ' SPECIAL PROVISION ' '  WITHIN THE MEANING OF ARTICLE 9 ( 2 ) OF THE ACT OF ACCESSION , IT WOULD IN EFFECT ESTABLISH A PERSISTING INEQUALITY BETWEEN THE ORIGINAL MEMBER STATES AND THE NEW MEMBER STATES , THE LATTER BEING IN A POSITION TO PREVENT OR RESTRICT THE IMPORTATION OF CERTAIN AGRICULTURAL PRODUCTS COMING FROM THE COMMUNITY , WHEREAS THE FORMER WOULD BE OBLIGED UNDER THE TREATY TO REFRAIN FROM ANY RESTRICTION ON IMPORTS OF THE SAME PRODUCTS , EVEN IF THEY CAME FROM A NEW MEMBER STATE WHICH WAS MAKING USE OF ARTICLE 60 ( 2 ). ALTHOUGH IT WAS JUSTIFIED FOR THE ORIGINAL MEMBER STATES PROVISIONALLY TO ACCEPT SUCH INEQUALITIES , IT WOULD BE CONTRARY TO THE PRINCIPLE OF THE EQUALITY OF THE MEMBER STATES BEFORE COMMUNITY LAW TO ACCEPT THAT SUCH INEQUALITIES COULD CONTINUE INDEFINITELY .
18IT FOLLOWS THAT THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY , IN PARTICULAR ARTICLE 30 THEREOF , TOGETHER WITH THE ACT OF ACCESSION , BY NOT REPEALING OR AMENDING BEFORE THE END OF 1977 THE PROVISIONS OF ITS NATIONAL LAW WHICH HAVE THE EFFECT OF RESTRICTING IMPORTS OF POTATOES .