Accept Refuse

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 11957E037

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART TWO - FOUNDATIONS OF THE COMMUNITY, TITLE I - FREE MOVEMENT OF GOODS, CHAPTER 2: ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES, ARTICLE 37

In force

ELI: http://data.europa.eu/eli/treaty/teec/art_37/sign

11957E037

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART TWO - FOUNDATIONS OF THE COMMUNITY, TITLE I - FREE MOVEMENT OF GOODS, CHAPTER 2: ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES, ARTICLE 37


++++

ARTICLE 37

1 . MEMBER STATES SHALL PROGRESSIVELY ADJUST ANY STATE MONOPOLIES OF A COMMERCIAL CHARACTER SO AS TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES .

THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ANY BODY THROUGH WHICH A MEMBER STATE , IN LAW OR IN FACT , EITHER DIRECTLY OR INDIRECTLY SUPERVISES , DETERMINES OR APPRECIABLY INFLUENCES IMPORTS OR EXPORTS BETWEEN MEMBER STATES . THESE PROVISIONS SHALL LIKEWISE APPLY TO MONOPOLIES DELEGATED BY THE STATE TO OTHERS .

2 . MEMBER STATES SHALL REFRAIN FROM INTRODUCING ANY NEW MEASURE WHICH IS CONTRARY TO THE PRINCIPLES LAID DOWN IN PARAGRAPH 1 OR WHICH RESTRICTS THE SCOPE OF THE ARTICLES DEALING WITH THE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES .

3 . THE TIMETABLE FOR THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE HARMONISED WITH THE ABOLITION OF QUANTITATIVE RESTRICTIONS ON THE SAME PRODUCTS PROVIDED FOR IN ARTICLES 30 TO 34 .

IF A PRODUCT IS SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER IN ONLY ONE OR SOME MEMBER STATES , THE COMMISSION MAY AUTHORISE THE OTHER MEMBER STATES TO APPLY PROTECTIVE MEASURES UNTIL THE ADJUSTMENT PROVIDED FOR IN PARAGRAPH 1 HAS BEEN EFFECTED ; THE COMMISSION SHALL DETERMINE THE CONDITIONS AND DETAILS OF SUCH MEASURES .

4 . IF A STATE MONOPOLY OF A COMMERCIAL CHARACTER HAS RULES WHICH ARE DESIGNED TO MAKE IT EASIER TO DISPOSE OF AGRICULTURAL PRODUCTS OR OBTAIN FOR THEM THE BEST RETURN , STEPS SHOULD BE TAKEN IN APPLYING THE RULES CONTAINED IN THIS ARTICLE TO ENSURE EQUIVALENT SAFEGUARDS FOR THE EMPLOYMENT AND STANDARD OF LIVING OF THE PRODUCERS CONCERNED , ACCOUNT BEING TAKEN OF THE ADJUSTMENTS THAT WILL BE POSSIBLE AND THE SPECIALISATION THAT WILL BE NEEDED WITH THE PASSAGE OF TIME .

5 . THE OBLIGATIONS ON MEMBER STATES SHALL BE BINDING ONLY IN SO FAR AS THEY ARE COMPATIBLE WITH EXISTING INTERNATIONAL AGREEMENTS .

6 . WITH EFFECT FROM THE FIRST STAGE THE COMMISSION SHALL MAKE RECOMMENDATIONS AS TO THE MANNER IN WHICH AND THE TIMETABLE ACCORDING TO WHICH THE ADJUSTMENT PROVIDED FOR IN THIS ARTICLE SHALL BE CARRIED OUT .

Top