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Barriers to the internal market, Fiscal tariff barriers - Coggle Diagram
Barriers to the internal market
Non Fiscal non tariff barriers:
Statutes: art 34 TFEU applies prohibition to
imports
, 35 TFEU to
exports
, art 36 TFEU
exceptions
Prohibition of Quantative Restrictions
: can be an outright ban on product itself or quota. affects importation of product itself. (
34/79 Henn & Darby
). the fsct that it applies ot imported and domestic does not make it less of a QR
MEQR
: (*Dassonville 8/74) suggests def are rules capable of hindering trade, do not need to be explicitely discriminatory, potential hindering is enough
Indistinctly applicable measures: May
fall within art 34.
they are not formallly discriminatory but once applied, are different to imports and domestic products
(
Cassis de Dijon
)
EXCEPTIONS
: Justified under art 36 or Mandatory requirements. MS must give
genuine proof
depending on the claim: scientific & objective evidence for health claim, a coherent and consistent position of the State for Value-oriented claims, Proportionality of the measure
Solution to
Dual burden
problem: Home country model aka
mutual recognition
established by
Cassis
Selling arrangements
: narrowied scope of
Cassis
which claimed that MEQR dont have to be discriminatory.
Keck
says that Selling arrangements which
do not relate
to product
manufacturing
and once applied, affect imports and domestic
same
way are
NOT
within
art 34
Market access
: (
motorcycle trailers
) approach to analyze restrictions that do not neatly fit into product rules(Cassis de Dijon) or selling arrangements (Keck).
but the rules, once applied,
severely restrict market access for imports
, even if does not relate to
market access nor to selling arrangements
Product regulations
: such as
composition of goods and manufacturing
(
Cassis de Dijon
), even tho rule is not discrimintayory, at face value, once applied, if affects imports and exports differently
Distinctly applicable measures:
can be
either PR or SA
Always
fall within scope of
art 34.
they are formally discriminatory (
Buy Irish, Irish Souvenirs
)
must specficy whether it is PR or SA** as SA are only caught if they discriminate
EXCEPTIONS
: Justified under art 36
Fiscal tariff barriers
Prohibition on Customs duties and CEE
Art
28 TFEU
: EU is a CU -->
no customs duties
+
Art 30 TFE
U: as well as
CEE
1.
irrelevance of purpose or motive
(
Joined Cases 2 & 3/69. Sociaal Fonds voor de Diamantarbeiders
)
2.
irrelevance of quantum of charge
(Statisitical Levy
)
3
. irrelevance of description and appearance of charge
(
Donner
)
irrelevance of kind of border aka intenal or not
(
Legros
)
EXCEPTIONS
charges for services provided
(Bonded Warehouse
),
charges for inspection
required bt EU law,
as long as
uniform
on imported and domestic products
Prohibition on internal discriminatory taxing
article 10 TFEU: ensures that i
nternal taxation
does not unfairly
disadvantage
imported
goods in comparison to
domestic
goods.
Similar Products
art 110(1): look at Objective / physical characteristics of the products (composition, manufacturing…)
(
Johnnie Walker v Denmark, Commission v Denmark, Commission v Italy)
Competing Products
art 110(2): look at Consumer perspective: do customers see them as interchangeable? Substitutes for eachother on factors like price, even if theyre not the same?
(
Commission v France, Commission v Italy
)