Wednesday, September 25, 2019

The Free Movement of Goods Within The European Union Essay

The Free Movement of Goods Within The European Union - Essay Example The framework of the EC Treaty encompasses a free and open market among the Member States. Articles 23-31 which is headed ‘Free Movement of Goods’ is designed to promote this concept. Article 23 provides for the exemption of customs duties on all imports and exports throughout the Member States. Article 28 forbids the implementation of ‘Quantitative restrictions on imports and all measures having equivalent effect †¦between the Member States.’ Article 29 makes the same provision in respect of exports. Article 30 provides that †¦Articles 28 and 29 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; 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 the Member States. It is against this background that the Netherlands may pursue an action against the UK. The position taken by the UK authorities in relation to the lifting of the poultry ban on the Netherlands is a contravention of the spirit of free and open trade within the European Community. The European Community has set as its goal the facilitation of a free enterprise market while simultaneously protecting the consumer interest within the Member States.

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