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1 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT
( EEC TREATY, ARTICLE 30 )
2 . QUANTITATIVE RESTRICTIONS - AGRICULTURAL PRODUCTS - PLANTS - PHYTOSANITARY INSPECTION OF IMPORTED PRODUCTS - MEASURE HAVING EQUIVALENT EFFECT - PROHIBITION
( COMMISSION DIRECTIVE NO 70/50/EEC, ARTICLE 2 ( 2 ))
3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - EXCEPTIONS - PROTECTION OF HEALTH OF PLANTS - PHYTOSANITARY INSPECTION - PERMISSIBILITY - CONDITION - ABSENCE OF ARBITRARY DISCRIMINATION
( EEC TREATY, ARTICLE 36 )
4 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - EXCEPTIONS - PROTECTION OF HEALTH OF PLANTS - MEASURES TO CONTROL HARMFUL ORGANISMS - POWERS OF MEMBER STATES - ADDITIONAL DOMESTIC MEASURES - PHYTOSANITARY INSPECTIONS OF IMPORTED PRODUCTS
( COUNCIL DIRECTIVE NO 69/466/EEC, ARTICLE 11 )
1 . A MEASURE HAS AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION IF IT IS CAPABLE OF ACTING AS A DIRECT OR INDIRECT, REAL OR POTENTIAL HINDRANCE TO IMPORTS BETWEEN MEMBER STATES .
2 . PHYTOSANITARY INSPECTIONS AT THE FRONTIER, WHICH PLANT PRODUCTS COMING FROM ANOTHER MEMBER STATE ARE REQUIRED TO UNDERGO, CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS AND ARE PROHIBITED SUBJECT TO THE EXCEPTIONS LAID DOWN IN ARTICLE 36 OF THE TREATY .
3 . IN THE LIGHT OF THE CURRENT COMMUNITY RULES, A PHYTOSANITARY INSPECTION CARRIED OUT BY A MEMBER STATE ON THE IMPORTATION OF PLANT PRODUCTS CONSTITUTES, IN PRINCIPLE, ONE OF THE RESTRICTIONS ON IMPORTS WHICH ARE JUSTIFIED UNDER ARTICLE 36, BUT MAY CONSTITUTE ARBITRARY DISCRIMINATION IF DOMESTIC PRODUCTS ARE NOT SUBJECT TO AN EQUIVALENT EXAMINATION .
4 . THE ADDITIONAL OR STRICTER PROVISIONS WHICH MAY BE REQUIRED UNDER ARTICLE 11 OF THE COUNCIL DIRECTIVE NO 69/466/EEC OF 8 DECEMBER 1969 IN ORDER TO CONTROL SAN JOSE SCALE AND PREVENT IT FROM SPREADING ENTITLE THE MEMBER STATES TO MAKE PHYTOSANITARY INSPECTIONS OF IMPORTED PRODUCTS IF EFFECTIVE MEASURES ARE TAKEN IN ORDER TO PREVENT THE DISTRIBUTION OF CONTAMINATED DOMESTIC PRODUCTS AND IF THERE EXISTS A RISK OF THE HARMFUL ORGANISM'S SPREADING IF NO INSPECTION IS HELD ON IMPORTATION .