Keywords
Summary

Keywords

1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . TRADE - GOODS - ORIGIN - DETERMINATION - CRITERIA

( REGULATION NO 802/68 OF THE COUNCIL )

3 . TRADE - GOODS - ORIGIN - DETERMINATION - SEVERAL COUNTRIES CONCERNED IN PRODUCTION - BASIC PRODUCT - SUBSTANTIAL PROCESS - CONCEPT

( REGULATION NO 802/68 OF THE COUNCIL , ARTICLE 5 )

4 . TRADE - GOODS - ORIGIN - DETERMINATION - SEVERAL COUNTRIES CONCERNED IN PRODUCTION - BASIC PRODUCT - CLEANING AND GRINDING - SUBSTANTIAL PROCESS - NOT INVOLVED

( REGULATION NO 802/68 OF THE COUNCIL , ARTICLE 5 )

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE EEC TREATY TO APPLY THE PROVISIONS OF COMMUNITY LAW TO ACTUAL CASES , IT MAY NEVERTHELESS FURNISH THE NATIONAL COURT WITH THE INTERPRETATIVE CRITERIA NECESSARY TO ENABLE IT TO DISPOSE OF THE DISPUTE .

2 . IN ORDER TO MEET THE PURPOSES AND REQUIREMENTS OF REGULATION NO 802/68 , THE DETERMINATION OF THE ORIGIN OF GOODS MUST BE BASED ON A REAL AND OBJECTIVE DISTINCTION BETWEEN RAW MATERIAL AND PROCESSED PRODUCT , DEPENDING FUNDAMENTALLY ON THE SPECIFIC MATERIAL QUALITIES OF EACH OF THOSE PRODUCTS .

3 . THE LAST PROCESS OR OPERATION REFERRED TO IN ARTICLE 5 OF THE REGULATION IS ONLY ' SUBSTANTIAL ' FOR THE PURPOSES OF THAT PROVISION IF THE PRODUCT RESULTING THEREFROM HAS ITS OWN PROPERTIES AND A COMPOSITION OF ITS OWN , WHICH IT DID NOT POSSESS BEFORE THAT PROCESS OR OPERATION . ACTIVITIES AFFECTING THE PRESENTATION OF THE PRODUCT FOR THE PURPOSES OF ITS USE , BUT WHICH DO NOT BRING ABOUT A SIGNIFICANT QUALITATIVE CHANGE IN ITS PROPERTIES , ARE NOT OF SUCH A NATURE AS TO DETERMINE THE ORIGIN OF THE SAID PRODUCT .

4 . THE CLEANING AND GRINDING OF A RAW MATERIAL TOGETHER WITH THE GRADING AND PACKAGING OF THE PRODUCT OBTAINED DO NOT CONSTITUTE A SUBSTANTIAL PROCESS OR OPERATION FOR THE PURPOSES OF ARTICLE 5 OF REGULATION NO 802/68 AND DO NOT CONFER A COMMUNITY ORIGIN ON THE SAID PRODUCT ACCORDING TO THAT REGULATION .