NON-FISCAL MEASURES

Question 1

NON-FISCAL MEASURES

Answer 1

• art 34 TFEU states that quantitative restrictions and equal measures are prohibited between MS

Question 2

QUANTITIVE RESTRICTIONS (QRS)

Answer 2

• QR is a measure that amounts to a total or partial restraint of import, export and goods in transit (case 2/73 geddo)
• eg quotas and bans
• c 34/79 henn and Darby
• c 47/90 delhaize

Question 3

MEASURES HAVING EQUIVALENT EFFECT (MEQRS)

Answer 3

• MEQR these are trading rules enacted by MS that can hinder directly or indirectly trade within the Union (8/74 dassonville formula)
• third limb of this formula emphasises that the effect of the measure is more important that its form and intention behind it

Question 4

DISTINCTLY APPLICABLE MEASURES (DAM)

Answer 4

• DAM measures that apply to imported/foreign goods only
• discriminatory measures are different burden in law and fact

Examples of cases on slides

Question 5

INDISTINCTLY APPLICABLE MEASURES (IAM)

Answer 5

• IAM measures that apply equally to both domestic and imported goods but have a particular burden on imported goods
• dual burden measures are same burden in law but different in fact
• product requirements are national laws that regulate the goods such as weight packaging labelling ingredients etc