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Words: | Submitted: Mon Jun 19 2006
... & 29 (ex Art. 30 & 34)4 prohibit Member States from imposing quantitative restrictions on imports and exports respectively. By Article 90 (ex Art. 95) the Treaty halts internal taxation of imports which would produce an equivalent effect to that of customs duties.5 * Derogations The Treaty, however, provides Member States with the ability to derogate from the rules governing trade. Most significantly Member States can restrict imports and exports under Article 30 (ex Art. 36), on specific grounds, namely; * public morality;6 * public policy;7 * protection of industrial and commercial property, and for;8 * public security (which encompasses) the;9 * protection of health and life of humans, animals and plants, or the;10 * protection of national treasures possessing artistic, historic, archaeological value.11 Given the importance of the 'fundamental principle'12 for the free movement of goods, it is unsurprising to find that invoking Article 30 will be closely scrutinised and restrictively interpreted.13 Indeed Article 30 warns that, "[s]uch ...
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