Keywords
Summary

Keywords

1 . EEC TREATY - ARTICLE 233 - PURPOSE - BENELUX REGIONAL UNION

( EEC TREATY , ART . 233 )

2.FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - OFFENCES OR IRREGULARITIES - RECOVERY OF CHARGES - COMPETENT MEMBER STATE - DEROGATION FROM COMMUNITY RULES - BENELUX AGREEMENT - APPLICABILITY

( REGULATION NO 542/69 OF THE COUNCIL , ART . 36 ( 1 ) AND ART . 59 )

Summary

1 . THE AIM OF ARTICLE 233 OF THE EEC TREATY IS TO PREVENT THE APPLICATION OF COMMUNITY LAW FROM CAUSING THE DISINTEGRATION OF THE REGIONAL UNION ESTABLISHED BETWEEN BELGIUM , LUXEMBOURG AND THE NETHERLANDS OR FROM HINDERING ITS DEVELOPMENT . IT THEREFORE ENABLES THE THREE MEMBER STATES CONCERNED TO APPLY , IN DEROGATION FROM THE COMMUNITY RULES , THE RULES IN FORCE WITHIN THEIR UNION IN SO FAR AS IT FURTHER ADVANCED THAN THE COMMON MARKET .

2.ARTICLE 59 OF REGULATION NO 542/69 ON COMMUNITY TRANSIT MUST BE INTERPRETED AS MEANING THAT THE NETHERLANDS MAY APPLY TO A COMMUNITY TRANSIT DOCUMENT A BENELUX AGREEMENT WHICH PROVIDES , IN DEROGATION FROM ARTICLE 36 ( 1 ) OF THAT REGULATION , THAT ACTION TO RECOVER CHARGES MUST BE TAKEN BY THE BENELUX COUNTRY IN WHICH THE DOCUMENT WAS ISSUED , EVEN IF IT IS FOUND THAT AN IRREGULARITY WAS COMMITTED IN THE COURSE OF COMMUNITY TRANSIT IN ANOTHER BENELUX COUNTRY .