Keywords
Summary

Keywords

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1 . EEC - LEGISLATIVE POWERS - ASSIGNMENT BY MEMBER STATES IMPLYING WAIVER OF SUCH POWERS - PROHIBITION AGAINST THE ALTERATION OF OR ADDITION TO THE SCOPE OF COMMUNITY REGULATIONS BY MEMBER STATES

( EEC TREATY, ARTICLE 189 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - REGULATION NO 19 OF THE COUNCIL OF THE EEC - PROHIBITION AGAINST THE ADOPTION BY MEMBER STATES OF RULES AFFECTING THE SCOPE OF THE REGULATION AND IN PARTICULAR THE DESCRIPTION OF GOODS

( REGULATION NO 19, ARTICLE 23 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMMUNITY REGULATIONS - DESCRIPTION OF GOODS - UNIFORM SCOPE IN THE COMMON MARKET - RESPECT FOR COMMUNITY JURISDICTION - PROHIBITION AGAINST THE ISSUE BY MEMBER STATES OF BINDING RULES OF INTERPRETATION

4 . EEC TREATY - COMMON PROVISIONS - REGULATIONS - UNOFFICIAL INTERPRETATION BY COMMUNITY ADMINISTRATION - NOT BINDING - UNIFORM AND AUTHENTIC APPLICATION ONLY ENSURED BY FORMAL MEASURES

( EEC TREATY, ARTICLE 189 )

5 . COMMON CUSTOMS TARIFF - INTERPRETATION OF ONE TARIFF HEADING IN RELATION TO ANOTHER - CRITERIA

Summary

1 . IN SO FAR AS THE MEMBER STATES HAVE CONFERRED ON THE COMMUNITY LEGISLATIVE POWERS IN TARIFF MATTERS, IN ORDER TO ENSURE THE PROPER FUNCTIONING OF THE COMMON MARKET IN AGRICULTURE, THEY NO LONGER HAVE THE POWER TO ISSUE INDEPENDENT PROVISIONS IN THIS FIELD . SINCE COMMUNITY REGULATIONS ARE DIRECTLY APPLICABLE IN ALL THE MEMBER STATES, THE LATTER CANNOT THEREFORE, IN ORDER TO ENSURE THEIR APPLICATION, IN THE ABSENCE OF A PROVISION TO THE CONTRARY, TAKE MEASURES THE PURPOSE OF WHICH IS TO ALTER THE SCOPE OF OR ADD TO THEIR PROVISIONS .

2 . ARTICLE 23 ( 1 ) OF REGULATION NO 19 OF THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY MUST BE INTERPRETED AS MEANING THAT MEMBER STATES ARE NOT PERMITTED TO ADOPT PROVISIONS OF NATIONAL LAW AFFECTING THE SCOPE OF THE REGULATION ITSELF, AND IN PARTICULAR THE DESCRIPTIONS OF GOODS APPEARING THEREIN .

3 . THE PROVISIONS TO WHICH THE COMMON ORGANIZATIONS OF THE MARKETS IN AGRICULTURE GIVE RISE MUST BE APPLIED IN A UNIFORM MANNER IN ALL THE MEMBER STATES . THE DESCRIPTIONS OF THE GOODS WHICH ARE SUBJECT TO THESE ORGANIZATIONS MUST THEREFORE HAVE, IN ALL THE MEMBER STATES, THE SAME SCOPE AND MUST BE INTERPRETED IN A MANNER WHICH RESPECTS COMMUNITY JURISDICTION . IT FOLLOWS THAT MEMBER STATES MAY NOT, WHERE THERE ARE DIFFICULTIES IN CLASSIFYING A PRODUCT FOR TARIFF PURPOSES, THEMSELVES FIX THIS SCOPE BY WAY OF INTERPRETATION . ALTHOUGH, IN SUCH A CASE, THE NATIONAL ADMINISTRATION MAY FIND IT ADVISABLE TO TAKE IMPLEMENTING MEASURES AND TO ELUCIDATE THEREBY THE DOUBTS RAISED BY THE DESCRIPTION OF A PRODUCT, IT MAY ONLY DO SO BY OBSERVING COMMUNITY LAW, WITHOUT THE NATIONAL AUTHORITIES' BEING ABLE TO ISSUE RULES OF INTERPRETATION HAVING BINDING EFFECT .

4 . AN UNOFFICIAL INTERPRETATION OF A REGULATION BY AN INFORMAL DOCUMENT OF THE COMMISSION IS NOT ENOUGH TO CONFER ON THAT INTERPRETATION AN AUTHENTIC COMMUNITY CHARACTER . SUCH DOCUMENTS HAVE NO BINDING EFFECT AND THUS CANNOT ENSURE THAT THE PROVISIONS TO WHICH THEY REFER HAVE THE SAME SCOPE IN ALL THE MEMBER STATES . THE UNIFORM APPLICATION OF COMMUNITY LAW IS ONLY GUARANTEED IF IT IS THE SUBJECT OF FORMAL MEASURES TAKEN IN THE CONTEXT OF THE TREATY .

5 . THE INTERPRETATION OF ONE TARIFF HEADING IN RELATION TO ANOTHER MUST, IN A CASE OF DOUBT, TAKE INTO ACCOUNT BOTH THE FUNCTION OF THE CUSTOMS TARIFF IN REGARD TO THE NECESSITIES OF THE SYSTEMS OF ORGANIZATION OF THE MARKETS AND ITS PURELY CUSTOMS FUNCTION .