What is the purpose of Article 35 TFEU?
— Article 35 TFEU, which relates to exports from one Member State to another and similarly prohibits ‘quantitative restrictions and all measures having equivalent effect’. It reads; ‘Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States’.
What are quantitative restrictions EU law?
All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra- Community trade are to be considered as measures having an effect equivalent to quantitative restrictions.” ( para.
What is free movement of goods EU law?
The principle for the free movement of goods in the internal market of the European Union involves the removal of all the trade barriers between the member states. As a general rule, goods that have once been lawfully placed in the internal market of the European Union can move freely in the market.
Does Article 30 have direct effect?
Article 30 goes beyond relating only to customs duties, but also applies to any charges which have an equivalent effect. The operation of Article 30 and its predecessors therefore ensures that charges having an equivalent effect to customs charges cannot be used to circumvent the aims of the free movement principle.
What is Article 30 EU?
Article 30 states that customs duties on imports and exports, and charges having equivalent effect, are prohibited between Member States, which prohibition also applies to customs duties of a fiscal nature.
Does Article 34 TFEU have direct effect?
Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.
What is the purpose of Article 36 TFEU?
Article 36 of the TFEU allows Member States to take measures having an effect equivalent to quantitative restrictions when these are justified by general, non-economic considerations (e.g. public morality, public policy or public security).
What is Article 26 TFEU?
Article 26 of the Treaty on the Functioning of the European Union (TFEU) The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties.
What is a measure having equivalent effect?
“ All trading rules enacted by Member States which are capable of hindering directly or indirectly, actually or potentially, intra- Community trade are to be considered as measures having equivalent effect to quantitative restrictions.”
What is a distinctly applicable measure?
Distinctly applicable measures are those which do not apply equally to domestic and imported goods whereby, indistinctly applicable measures apply to both domestic and imported goods equally and without distinction.
What does equivalent effect mean?
The Court defined a charge of equivalent effect as “a duty imposed unilaterally either at the time of importation or subsequently, and which, if imposed specifically upon a product imported from a Member State to the exclusion of a similar domestic product, has, by altering its price, the same effect upon the free …
What are quantitative restrictions?
Explicit limit, or quotas, on the quantity of a good that can be imported or exported during a specified time period. Quantitative restrictions are frequently managed through quotas a system of licensing. See import quota; quota.
What are quantitative restrictions WTO?
Several WTO Members have notified that they maintain quantitative restrictions in one form or the other, including widely used measures such as prohibitions or restrictions relating to trade in nuclear materials, narcotic drugs, weapons, and several measures to protect the environment.
What do you mean by quantitative restrictions on imports?
Quantitative Restrictions (QRs) are the limits imposed on the quantity of goods that are imported or exported. Quantitative restrictions are imposed to discourage imports and thus protect domestic industries from competition from cheaper and technologically advanced goods manufactured by other nations.
What is WTO quota?
When quantities inside a quota are charged lower import duty rates, than those outside (which can be high).
How do high tariffs affect the economy?
Tariffs increase the prices of imported goods. Because the price has increased, more domestic companies are willing to produce the good, so Qd moves right. This also shifts Qw left. The overall effect is a reduction in imports, increased domestic production, and higher consumer prices.