Keywords
Summary

Keywords

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1 . EEC - LEGISLATIVE POWERS - TRANSFER OF POWERS BY MEMBER STATES IMPLIES THAT THEY HAVE SURRENDERED THEM - MEMBER STATES FORBIDDEN TO ALTER THE SCOPE OF COMMUNITY REGULATIONS OR TO SUPPLEMENT THE PROVISIONS THEREOF

( EEC TREATY, ARTICLE 189 )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - POULTRYMEAT - ADAPTATION BY MEMBER STATES OF THEIR NATIONAL LAWS TO COMMUNITY RULES - ANY ALTERATION OF SCOPE OF SUCH RULES PROHIBITED

( REGULATION NO 22/62 OF THE COUNCIL OF THE EEC, ARTICLE 14 )

3 . AGRICULTURE - COMMON ORGANIZATIONS OF THE MARKETS - POULTRYMEAT - ENUMERATION BY ARTICLE 1 OF REGULATION NO 22 OF THE COUNCIL OF GOODS INCLUDED IN THE COMMON CUSTOMS TARIFF - APPLICATION OF THIS DESCRIPTION - MEMBER STATES FORBIDDEN TO ISSUE BINDING RULES OF INTERPRETATION

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CLASSIFICATION FOR TARIFF PURPOSES - RULES OF CLASSIFICATION - GOODS AKIN ONE TO ANOTHER - CRITERIA OF SIMILARITY

( REGULATION NO 950/68 OF THE COUNCIL OF THE EC, RULES FOR INTERPRETATION, RULE 5 )

Summary

1 . TO THE EXTENT TO WHICH MEMBER STATES HAVE TRANSFERRED LEGISLATIVE POWERS TO THE COMMUNITY IN A SPECIFIC FIELD THE LEGISLATIVE POWERS OF MEMBER STATES CEASE TO EXIST IN THIS FIELD . AS COMMUNITY REGULATIONS ARE DIRECTLY APPLICABLE IN ALL MEMBER STATES, THE LATTER, UNLESS OTHERWISE EXPRESSLY PROVIDED, ARE PRECLUDED FROM TAKING STEPS, FOR THE PURPOSE OF APPLYING SUCH REGULATIONS, WHICH ARE INTENDED TO ALTER THEIR SCOPE OR SUPPLEMENT THEIR PROVISIONS .

2 . ARTICLE 14 OF REGULATION NO 22 OF THE COUNCIL OF THE EC OF 4 APRIL 1962 IS TO BE INTERPRETED AS MEANING THAT MEMBER STATES MUST TAKE THE NECESSARY STEPS TO ELIMINATE ANY OBSTACLES TO ITS APPLICATION WHICH MAY ARISE UNDER THEIR OWN LEGISLATION, ALTHOUGH THEY ARE NOT PERMITTED TO ADOPT ANY INTERNAL MEASURES AFFECTING THE SCOPE OF THE REGULATION ITSELF .

3 . ARTICLE 1 OF REGULATION NO 22 OF THE COUNCIL OF THE EC OF 4 APRIL 1962 WHICH ENUMERATES SOME OF THE GOODS INCLUDED IN THE COMMON CUSTOMS TARIFF DOES NOT EMPOWER THE NATIONAL AUTHORITIES OF MEMBER STATES TO ISSUE BINDING RULES OF INTERPRETATION FOR THE APPLICATION OF THOSE DESCRIPTIONS .

4 . IN ACCORDANCE WITH A GENERAL RULE OF CLASSIFICATION FOR TARIFF PURPOSES, GOODS NOT FALLING WITHIN ANY HEADING OF THE TARIFF MUST BE CLASSIFIED UNDER THE HEADING APPROPRIATE TO THE GOODS TO WHICH THEY ARE MOST AKIN . THE QUESTION WHETHER GOODS ARE AKIN ONE TO ANOTHER IS TO BE DECIDED ON THE BASIS NOT ONLY OF THEIR PHYSICAL CHARACTERISTICS BUT ALSO OF THEIR USE AND COMMERCIAL VALUE . IN THE ABSENCE OF SPECIAL CIRCUMSTANCES THE COMMERCIAL VALUE OF GOODS IS THEIR MARKET PRICE .