Keywords
Summary

Keywords

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1 . OBJECTIVES OF THE EEC - ACTION NECESSARY TO ATTAIN SUCH AN OBJECTIVE - NECESSARY POWERS - POWERS NOT PROVIDED BY THE TREATY - MEASURES TAKEN BY THE COUNCIL - IN THE NATURE OF A COMMUNITY MEASURE AND NOT OF AN INTERNATIONAL AGREEMENT

( EEC TREATY, ARTICLE 235 )

2 . COMMUNITY MEASURES - DECISION - SCOPE AND EFFECT - CRITERIA - RESERVATIONS AND STATEMENTS MADE DURING PRELIMINARY DISCUSSIONS - INEFFECTIVENESS - MINUTES OF COUNCIL MEETINGS - DISPUTE

( EEC TREATY, ARTICLES 235 AND 189 )

3 . FREE MOVEMENT OF GOODS - ACCELERATION DECISION - COMMON CUSTOMS TARIFF - DIRECTLY APPLICABLE PROVISIONS

( EEC TREATY, ARTICLES 9, 14 AND 235, REGULATION ( EEC ) NO 950/68 OF 28 JUNE 1968 )

Summary

1 . ALTHOUGH THE EFFECT OF THE MEASURES TAKEN BY THE COUNCIL BY VIRTUE OF ARTICLE 235 OF THE EEC TREATY IS IN SOME RESPECTS TO SUPPLEMENT THE TREATY, THEY ARE ADOPTED WITHIN THE CONTEXT OF THE OBJECTIVES OF THE COMMUNITY AND ARE THUS IN THE NATURE OF COMMUNITY MEASURES RATHER THAN INTERNATIONAL AGREEMENTS .

2 . THE SCOPE AND EFFECT OF A DECISION OF THE COUNCIL MUST BE ASSESSED IN THE LIGHT OF ITS TERMS AND THEREFORE CANNOT BE RESTRICTED BY RESERVATIONS OR STATEMENTS WHICH MIGHT HAVE BEEN MADE IN THE COURSE OF PREPARATORY DISCUSSIONS . IT IS THUS UNNECESSARY TO COME TO A DECISION ON A DISAGREEMENT WHICH HAS ARISEN BETWEEN PARTIES CONCERNING THE DEFINITIVE NATURE AND ACTUAL WORDING OF THE MINUTES OF THE COUNCIL MEETING DURING WHICH THAT DECISION WAS DRAWN UP .

3 . THE ACCELERATION DECISION OF THE COUNCIL OF 26 JULY 1966 CONDITIONED THE IMPLEMENTATION OF THE DIRECTLY APPLICABLE MEASURES FLOWING FROM ARTICLE 9 ( 1 ) OF THE TREATY AND PREPARED FOR THE ENTRY INTO FORCE OF THE DIRECTLY APPLICABLE PROVISIONS UNDER THE REGULATION OF 28 JUNE 1968 CONCERNING THE COMMON CUSTOMS TARIFF .