Free Movement of Goods: Non-Fiscal Barriers to Trade

Free Movement of Goods: Non-Fiscal Barriers to Trade

1. CONCLUSIONS

2. ARTICLE 34 NOW - FROM BARNARD, FOUR FREEDOMS

3. PRODUCT USE RULES

4. TFEU PROVISIONS

5. INTRODUCTION

   • Possible impediments to free trade
     • 1. Customs charges applied openly or surreptitiously - making imports less competitive on price
     • 2. Discriminatory national taxation systems - both for directly competing and substitutable goods - which protects domestic products
     • 3. Different national rules regulating products and how and when they can be sold - non-financial (non-fiscal) barriers to trade
   • Key questions
     • 1. In the absence of harmonisation, to what extent may MS insist on compliance with their national standards? i.e. to what extent are MS prevented from exercising national regulatory choices by the demands of the internal market?
     • 2. Whether the legal commitment to free trade entails a regime directed