Keywords
Summary

Keywords

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1. Common commercial policy ° Scope ° Restriction on the export to non-member countries of goods which can be used for military purposes ° Included ° Exclusive competence of the Community

(EC Treaty, Art. 113)

2. Common commercial policy ° Common export regime ° Regulation No 2603/69 ° Scope ° Measures having an effect equivalent to quantitative restrictions ° Requirement for a licence to export goods which can be used for military purposes ° Included ° Justification ° Public security

(Council Regulation No 2603/69, Arts 1 and 11)

Summary

1. Article 113 of the Treaty must be interpreted as meaning that a measure restricting exports to non-member countries of certain products capable of being used for military purposes falls within its scope and that the Community enjoys exclusive competence in that matter, which excludes the competence of the Member States save where the Community grants them specific authorization.

The concept of the common commercial policy provided for in Article 113 must not be interpreted restrictively, so as to avoid disturbances in intra-Community trade by reason of the disparities to which a narrow interpretation of that policy would give rise in certain sectors of economic relations with non-member countries. Nor may a Member State restrict the scope of that concept by freely deciding, in the light of its own foreign policy or security requirements, whether a measure is covered by that article.

2. Although Article 1 of Regulation No 2603/69, establishing common rules for exports in the context of the common commercial policy, lays down the principle of freedom of exportation, Article 11 of that regulation provides that it does not preclude the adoption or application by a Member State of quantitative restrictions on exports that are justified, inter alia, on grounds of public security. That derogation must be understood as applying also to measures having equivalent effect and as referring to both internal and external security.

Consequently, Community law does not preclude national provisions applicable to trade with non-member countries under which the export of a product capable of being used for military purposes is subject to the issue of a licence on the ground that this is necessary in order to avoid the risk of a serious disturbance to its foreign relations which may affect the public security of a Member State within the meaning of the abovementioned Article 11.