Keywords
Summary

Keywords

++++

1 . COMMON CUSTOMS TARIFF - DEROGATORY PROVISIONS - OBJECT OF ARTICLE 25 OF THE EEC TREATY

2 . COMMON CUSTOMS TARIFF - DEROGATORY PROVISIONS - DISCRETIONARY POWER OF THE COMMISSION

( EEC TREATY, ARTICLE 25 )

3 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - STATEMENT OF REASONS - OBJECT

( EEC TREATY, ARTICLE 190 )

4 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - STATEMENT OF REASONS - CONTENT AND FORM

( EEC TREATY, ARTICLE 190 )

Summary

1 . ARTICLE 25 OF THE EEC TREATY PROVIDES POSSIBILITIES OF OBTAINING EXEMPTIONS FROM THE FUNDAMENTAL PROVISIONS OF ARTICLES 2, 3 AND 9 WITH A VIEW TO REMEDYING DIFFICULTIES WHICH MAY RESULT, IN CONNECTION WITH SUPPLYING THE DEMANDS OF A MEMBER STATE, FROM THE ALIGNMENT OF NATIONAL DUTIES WITH THOSE OF THE COMMON CUSTOMS TARIFF .

2 . THE DISCRETIONARY POWER CONFERRED UPON THE COMMISSION BY ARTICLE 25 MUST BE EXERCISED WITHIN THE FRAMEWORK OF THE FUNDAMENTAL RULES OF ARTICLES 2 AND 3 IN ACCORDANCE WITH THE CRITERIA OF ARTICLE 29 OF THE TREATY . IT FOLLOWS FROM THE WORDING AND THE GENERAL SCHEME OF ARTICLE 25 THAT THIS POWER IS IN NO WAY FETTERED .

3 . BY IMPOSING UPON THE COMMISSION THE OBLIGATION TO STATE REASONS FOR ITS MEASURES, ARTICLE 190 IS NOT TAKING MERE FORMAL CONSIDERATIONS INTO ACCOUNT BUT SEEKS TO GIVE AN OPPORTUNITY TO THE PARTIES OF DEFENDING THEIR RIGHTS, TO THE COURT OF EXERCISING ITS SUPERVISORY FUNCTIONS, AND TO MEMBER STATES AND TO ALL INTERESTED NATIONALS OF ASCERTAINING THE CIRCUMSTANCES IN WHICH THE COMMISSION HAS APPLIED THE TREATY .

4 . FOR THE PURPOSE OF STATING THE REASONS FOR A MEASURE IT IS SUFFICIENT TO SET FORTH IN A CONCISE, BUT CLEAR AND RELEVANT MANNER, THE PRINCIPAL ISSUES OF LAW AND OF FACT UPON WHICH IT IS BASED AND WHICH ARE NECESSARY IN ORDER THAT THE REASONING WHICH HAS LED THE COMMISSION TO ITS DECISION MAY BE UNDERSTOOD .