Keywords
Summary

Keywords

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1 . EUROPEAN ECONOMIC COMMUNITY - COMMUNITY LEGAL ORDER - FAILURE TO OBSERVE THE TREATY - OBLIGATION ON ALL THOSE CONCERNED TO OBSERVE PROCEDURES LAID DOWN IN THE TREATY

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION ON NEW DUTIES - SCOPE - NEED FOR EVERY EXCEPTION TO BE EXPLICITLY LAID DOWN

( EEC TREATY, ARTICLE 12 )

3 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION ON NEW DUTIES - APPLICATION TO AGRICULTURAL PRODUCTS

( EEC TREATY, ARTICLES 12 AND 39 TO 46 )

4 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION ON NEW DUTIES - APPLICATION AS REGARDS A NATIONAL MARKET ORGANIZATION

( EEC TREATY, ARTICLE 12 )

5 . NATIONAL MARKET ORGANIZATION - CONCEPT

Summary

1 . THE TREATY IS NOT LIMITED TO CREATING RECIPROCAL OBLIGATIONS BETWEEN THE DIFFERENT NATURAL AND LEGAL PERSONS TO WHOM IT IS APPLICABLE, BUT ESTABLISHES A NEW LEGAL ORDER WHICH GOVERNS THE POWERS, RIGHTS AND OBLIGATIONS OF THE SAID PERSONS, AS WELL AS THE NECESSARY PROCEDURES FOR TAKING COGNIZANCE OF AND PENALIZING ANY BREACH OF IT .

THEREFORE EVEN WHERE A COMMUNITY INSTITUTION HAS FAILED TO CARRY OUT ITS OBLIGATIONS, EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, THE BASIC CONCEPT OF THE TREATY REQUIRES THAT MEMBER STATES SHALL NOT FAIL TO CARRY OUT THEIR OBLIGATIONS AND SHALL NOT TAKE THE LAW INTO THEIR OWN HANDS .

2 . ARTICLE 12 PROHIBITS THE INTRODUCTION OF NEW CUSTOMS BARRIERS SO AS TO FACILITATE THE INTEGRATION OF NATIONAL MARKETS AND THE ESTABLISHMENT OF A COMMON MARKET . WITHOUT CONSTITUTING OF ITSELF A MEASURE REMOVING ECONOMIC PROTECTION, THIS PROHIBITION CONSTITUTES AN ESSENTIAL REQUIREMENT BOTH FOR THE SUBSTITUTION OF A COMMON MARKET FOR THE DIFFERENT NATIONAL MARKETS, AND FOR THE SUBSTITUTION OF A COMMON AGRICULTURAL ORGANIZATION FOR THE NATIONAL ORGANIZATIONS . THUS ARTICLE 12 CONSTITUTES A FUNDAMENTAL RULE AND ANY POSSIBLE EXCEPTION, WHICH IN ANY EVENT MUST BE STRICTLY CONSTRUED, MUST BE CLEARLY LAID DOWN .

3 . ARTICLES 39 TO 46 CONTAIN NOTHING CONFERRING EXEMPTION FROM ARTICLE 12 .

4 . ARTICLE 12 ALSO PROHIBITS MEASURES TAKEN WITHIN THE FRAMEWORK OF A MARKET ORGANIZATION IN SO FAR AS THEY CONSTITUTE CUSTOMS DUTIES OR CHARGES HAVING EQUIVALENT EFFECT .

5 . A MARKET ORGANIZATION IS A COMBINATION OF LEGAL INSTITUTIONS AND MEASURES ON THE BASIS OF WHICH THE APPROPRIATE AUTHORITIES SEEK TO CONTROL AND REGULATE THE MARKET .

THEREFORE A MARKET ORGANIZATION CANNOT POSSIBLY BE SEPARATED FROM ITS CONSTITUENT INSTITUTIONS, NOR CAN IT EXIST INDEPENDENTLY OF THESE INSTITUTIONS .

THE MAINTENANCE OF A NATIONAL MARKET ORGANIZATION CANNOT POSSIBLY MEAN ANYTHING OTHER THAN THE MAINTENANCE OF THE INSTITUTIONS ON WHICH IT DEPENDS . ON ANY OTHER VIEW THE CONCEPT OF A NATIONAL MARKET ORGANIZATION WOULD LOSE ALL FORCE AND PLAIN MEANING .