Keywords
Summary

Keywords

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Common commercial policy - Scope - System of generalized tariff preferences - Implementation - Community tariff quotas - Apportionment into national shares - Whether permissible in view of the requirement of uniformity in trade - Conditions

Common Customs Tariff - System of generalized tariff preferences - Implementation - Community tariff quotas - Apportionment into national shares - Whether permissible under the customs union - Conditions

( EEC Treaty, Arts 9 and 113; Council Regulations No 3924/86 and No 3925/86 )

Summary

The Common Customs Tarriff, which is intended to achieve an equalization of customs charges levied at the frontiers of the Community on products imported from non-member countries, in order to avoid any deflection of trade in relations with those countries and any distortion of free internal circulation or of competitive conditions, and the definition of uniform principles for the common commercial policy, which gives rise to the regulations applying the generalized tariff preferences, involve the elimination of national disparities, whether in the field of taxation or of commerce, affecting trade with non-member countries .

A scheme whereby a Community tariff quota, opened as part of the system of generalized tariff preferences, is apportioned into national shares does not in any way serve the aim of reducing such disparities but is, on the contrary, liable to lead to distortions and deflections of trade . Nevertheless, as the common commercial policy now stands, such a scheme may be compatible with Articles 9 and 113 of the Treaty provided that certain conditions are satisfied .

First, the apportionment into national shares must be justified by administrative, technical or economic constraints which preclude the administration of the quota on a Community basis . Secondly, the apportionment scheme must include machinery to ensure that, until the overall Community quota is exhausted, goods may be imported into a Member State which has exhausted its share without having to bear customs duties at the full rate or to be rerouted via another Member State whose share has not been exhausted . Lastly, the apportionment must not impair the free movement of goods once those goods have been put in free circulation in the territory of a Member State, and in every Member State all the traders concerned must have access to the share allocated to that State .

Since they fail to observe those principles, Regulations Nos 3924/86 and No 3925/86 must be annulled, although their effects are to be considered definitive .