Report On The Basic Principles Of Free

Movement Of Goods In Europe Essay, Research Paper

Report on the Basic Principles of free movement of goods

in Europe This report is based upon the

provisions made by the EU to implement and maintain the free movement of goods

and services among EU States.. The purpose of the report is to

outline the most important themes of EU legislation relating to this topic in a

condensed form.. It should take no more

than several readings of this document to become familiar with the provisions

of the Free Movement of Goods Act.In regard to the French beef

ban, sections 3.5 and 3.7 are most relevant.2.0 Methods of Procedure The steps I have taken to locate this information

are as follows: ........... ........... 2.1 Information obtained during law lectures2.2 General knowledge 2.3 Analysis of documentation and literature concerning the free movement

of goods in Europe. 2.4 World Wide Web 3.0 Findings 3.1...... The main provisions of the free movement of goods policy are contained

in articles 9 to 37 of EU Treaty.. These

sections apply to goods, which originate in the EU member states and also to

those which have come from countries outside the EU.. Once goods are within the EU

they are considered as having passed the hurdle and will be treated in the same

legal respect as having been produced there..

The Community.s Customs Tariff was the body set up to replace all

existing customs bodies.3.2

In order to develop free movement of goods within the

market, there are three obstacles. 3.2.1. ......... Customs duties These are charges to be

paid for the import or export of certain goods.. 3.2.2.......... Quantitative

restrictions This is the prohibition of

importing or exporting certain goods or placing limits on their numbers. 3.2.3........... Tax ProvisionsArticle 95 prohibits

Member States from using internal tax rates to bias imports or exports.Traditionally, Member States

used these means to control trade. However there are other manners in which a

country can hinder the free movement of goods, these activities were not charges

or restrictions, but they had a similar effect.. These too, had to be prohibited. 3.3............. Goods

and Products covered by Articles 9 to 37 Article 9 provides that the

provisions of the treaty will apply to products, which originate in a Member

State and to products which have entered the system from a third country

outside the EU.. Regarding products from

outside the EU the idea is that once the custom or levy has been paid to the

first EU State it enters it can then move freely without being subject to

further restrictions.. Products are

determined to have originated from wherever the last substantial process or

operation was performed.The treaty does not

distinguish between .goods and products. the case of EC Commission V Italy somewhat clarified this issue.. This case was regarding the transferral of

certain national treasures.. On

conclusion the Court determined that goods included products that can be valued

in money and which are capable as such, of forming the subject of commercial

transactions, including Art.. 3.4...... Customs Duties and

Charges having equivalent effect: Articles 9 to 17 Article 9 details how the

community shall be based upon a customs union, which shall cover, all trade in

goods and which shall involve .the prohibitions between Member States of

customs duties on imports and exports and of all charges having equivalent

effect. Also the adoption of a community customs tariff in their relations with

third countries... Articles 12 to 17

then go on to deal with these matters in a more specific way.. Article 12 is the provision that prevents

Members States from introducing new customs duties and charges having

equivalent effect and from increasing those, which they already apply in their

trade with each other.. This Article was

effective in the Van Gend en Loos

case 1963 where the Dutch government placed certain goods into a higher customs

duty bracket so as to increase revenue..It is difficult to define what a charge having an

equivalent effect is.. Loosely speaking

any payment demanded from an importer or exporter can amount to a charge having

an equivalent effect..B. McMahon, European Community Law in

Ireland 1993The consensus by the CCT as

stated in the WJG Bauhuis v Netherlands

State (1977) is that it is important to look at each case under the light

of the objectives proposed by the Treaty i.e. to ensure the free movement of

goods.. This attitude prevents the

irritation of cases involving charges for stamps and containers necessary for

transportation and of small expense but which technically break the provisions

of the Act. There are fees required by

Law and for public benefit.. Such as

charges for the inspection of meat before it enters a State or administration

charges.. However t

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