Keywords
Summary

Keywords

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1 . CUSTOMS DUTIES - ABOLITION - DUTIES APPLIED WITHIN THE MEANING OF ARTICLES 12 AND 14 OF THE EEC TREATY - CONCEPT

( EEC TREATY, ARTICLES 12, 14 AND 19 )

2 . EXTERNAL RELATIONS OF MEMBER STATES OF THE EEC - AGREEMENTS MADE PRIOR TO THE EEC TREATY - RIGHTS AND OBLIGATIONS OF MEMBER STATES

( EEC TREATY, ARTICLE 234 )

Summary

1 . IT FOLLOWS FROM A LITERAL INTERPRETATION OF ARTICLES 12 AND 14 OF THE EEC TREATY THAT THE TERM 'DUTIES APPLIED', AS USED IN THESE TWO ARTICLES, MEANS THE DUTIES ACTUALLY APPLIED RATHER THAN THOSE LEGALLY APPLICABLE . THIS INTERPRETATION IS CONFIRMED BY THE THIRD SUBPARAGRAPH OF ARTICLE 19 ( 2 ) OF THE EEC TREATY WHICH, WHILE IT REFERS ONLY TO THE COMMON CUSTOMS TARIFF, IS NOT LIMITED IN SCOPE TO THIS AREA BUT ALLOWS THE CONCLUSION TO BE DRAWN THAT THE AUTHORS OF THE TREATY WERE AWARE OF THE DIFFERENCE BETWEEN THOSE DUTIES LEGALLY APPLICABLE AND THOSE ACTUALLY APPLIED AND THAT BY USING THE WORDS 'DUTIES APPLIED' THEY INTENDED TO REFER TO THOSE DUTIES WHICH WERE ACTUALLY APPLIED .

2 . ACCORDING TO THE PRINCIPLES OF INTERNATIONAL LAW, A MEMBER STATE WHICH BY VIRTUE OF THE ENTRY INTO FORCE OF THE EEC TREATY, ASSUMES NEW OBLIGATIONS WHICH CONFLICT WITH RIGHTS HELD UNDER AN EARLIER AGREEMENT, REFRAINS FROM EXERCISING SUCH RIGHTS TO THE EXTENT NECESSARY FOR THE PERFORMANCE OF ITS NEW OBLIGATIONS; ARTICLE 234 OF THE EEC TREATY ONLY GUARANTEES THE RIGHTS HELD BY THIRD COUNTRIES UNDER EARLIER AGREEMENTS .