The Prohibition of Non-Fiscal (Non-Tariff) Export Restrictions in the Common Market of European Union
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Abstract
The topic of non–fiscal (non–tariff) export restrictions in free market of the EU is being analyzed in this article. It is emphasized, that non–fiscal (non–tariff) export restrictions are quantitative restrictions on exports and measures having equivalent effect. Such restrictions are forbidden under article 29 of the Treaty. The rule of article 29 of the Treaty – one of the most important to ensure the effective functioning of the single market, stop various obstacles of free movement and restrict the freedom of action of the member states to regulate separate spheres of the single market.
Quantitative restrictions on exports always infringe article 29 of the Treaty, but can be justified on certain Treaty provisions. Measures having equivalent effect can be distinguished to distinctly and indistinctly applicable measures and discriminatory and non–discriminatory measures. It is acknowledged, that non–discriminatory measures do not infringe article 29 of the Treaty, since such measures usually are indistinctly applicable. But up–to–date practice of the Court confirms that even indistinctly applicable measures can be discriminatory in such a case infringing article 29 of the Treaty.
Distinctly applicable measures infringe article 29 of the Treaty, because usually such measures are discriminatory. But the possibility, that even distinctly applicable measures can be non–discriminatory, is not discounted.
All discriminatory indistinctly and distinctly applicable measures can be justified on certain Treaty provisions taking into consideration the principle of proportionality.
Quantitative restrictions on exports always infringe article 29 of the Treaty, but can be justified on certain Treaty provisions. Measures having equivalent effect can be distinguished to distinctly and indistinctly applicable measures and discriminatory and non–discriminatory measures. It is acknowledged, that non–discriminatory measures do not infringe article 29 of the Treaty, since such measures usually are indistinctly applicable. But up–to–date practice of the Court confirms that even indistinctly applicable measures can be discriminatory in such a case infringing article 29 of the Treaty.
Distinctly applicable measures infringe article 29 of the Treaty, because usually such measures are discriminatory. But the possibility, that even distinctly applicable measures can be non–discriminatory, is not discounted.
All discriminatory indistinctly and distinctly applicable measures can be justified on certain Treaty provisions taking into consideration the principle of proportionality.
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Articles
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Please see Copyright and Licence Agreement for further details.
