FREE MOVEMENT OF GOODS - NON FISCAL BARRIERS TO TRADE

Question 1

What does Article 34 TFEU state

Answer 1

quantitative restrictions on imports and all measures having equivalent effect are prohibited between Member States

Question 2

What is the aim of art.34 TFEU

Answer 2

• The Article aims to promote the free movement of goods by prohibiting “measures that prevent or discriminatorily restrict market access”
• prohibits quantitative restrictions (QRs) & measures equivalent to a quantitative restrictions (MEQRs) / imports between Member States

Question 3

What are quantitative restrictions?

Answer 3

.. measures which amount to a total or partial restraint of, according to circumstances, imports, exports or goods in transit… (Geddo v Ente)

Question 4

What case was the scope of MEQRs was first defined in

Answer 4

Dassonville in which it was held that “all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered”7 as MEQRs.

Question 5

What is Article 35 TFEU about?

Answer 5

Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.

Question 6

What is Article 36 TFEU about ?

Answer 6

Article 36 TFEU
The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.