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Loosely speaking any payment demanded from an importer or exporter can amount to a charge having an equivalent effect.? Mc Mahon, European Community Law in Ireland 1993The consensus by the CCT as stated in the WJG Bauhuis v Netherlands State (1977) is that it is important to look at each case under the light of the objectives proposed by the Treaty i.e. This attitude prevents the irritation of cases involving charges for stamps and containers necessary for transportation and of small expense but which technically break the provisions of the Act.There are fees required by Law and for public benefit.?3.6.1 Public Morality Member States have certain discretion in what they allow into their Country based on Public Morality.?
Once goods are within the EU they are considered as having passed the hurdle and will be treated in the same legal respect as having been produced there.? s Customs Tariff was the body set up to replace all existing customs bodies.3.2 In order to develop free movement of goods within the market, there are three obstacles. Traditionally, Member States used these means to control trade. Goods and Products covered by Articles 9 to 37 Article 9 provides that the provisions of the treaty will apply to products, which originate in a Member State and to products which have entered the system from a third country outside the EU.?In other cases the Court has, even where a national measure is probably justified under Article 36, frequently struck down a measure as being disproportionate. To this extent in these cases the Court has been heard to say.? Other examples of measures which have an equivalent effect to a quantitative restriction are: Price controls, import licencing requirement, as well as inspection fees demanded on imports for veterinary and public health inspection of meat.? Public Morality, Public Policy and Public Security.The principal exception to the prohibition of quantitative restrictions is contained in Article 36 which excludes Articles 30 to 34 on the 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 and the protection of industrial and commercial property.