BRITISH MANAGEMENT DATA FOUNDATION

This is an example of some of the pages from the Consolidated Treaty establishing the European Community and is intended to show the lay out and the method of presentation.

The words in bold show the changes made by the Treaty of Amsterdam.

PART THREE

COMMUNITY POLICIES

TITLE I

FREE MOVEMENT OF GOODS

ARTICLE 23 (ex Article 9)
1. The Community shall be based upon a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries.

2. The provisions of Article 25 and of Chapter 2 of this Title shall apply to products originating in Member States and to products coming from third countries which are in free circulation in Member States.

ARTICLE 24 (ex Article 10)
Products coming from a third country shall be considered to be in free circulation in a Member State if the import formalities have been complied with and any customs duties or charges having equivalent effect which are payable have been levied in that Member State, and if they have not benefited from a total or partial drawback of such duties or charges. (Formally Paragraph 1).
Paragraph 2 shall be repealed.

ARTICLE 11 shall be repealed.

CHAPTER 1

THE CUSTOMS UNION

SECTION HEADING (Section 1 - Elimination of customs duties between Member States) shall be deleted.

ARTICLE 25 (ex Article 12)
Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.

ARTICLES 13 to 17 shall be repealed.

SECTION HEADING (Section 2 - Setting up of the Common Customs Tariff) shall be deleted.

ARTICLES 18 to 27 shall be repealed.

ARTICLE 26 (ex Article 28)
Common Customs Tariff duties shall be fixed by the Council acting by a qualified majority on a proposal from the Commission.

ARTICLE 27 (ex Article 29)
In carrying out the tasks entrusted to it under this Chapter the Commission shall be guided by:
(a) the need to promote trade between Member States and third countries;
(b) developments in conditions of competition within the Community in so far as they lead to an improvement in the competitive capacity of undertakings;
(c) the requirements of the Community as regards the supply of raw materials and semi-finished goods; in this connection the Commission shall take care to avoid distorting conditions of competition between Member States in respect of finished goods;
(d) the need to avoid serious disturbances in the economies of Member States and to ensure rational development of production and an expansion of consumption within the Community.

CHAPTER 2

PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES

ARTICLE 28 (ex Article 30)
Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.

ARTICLES 31 to 33 shall be repealed.

ARTICLE 29 (ex Article 34)
Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States. (formally Paragraph 1).

Paragraph 2 shall be repealed.

ARTICLE 35 shall be repealed.

ARTICLE 30 (ex Article 36) The provisions of 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, historic or archaeological value; 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 Member States.

ARTICLE 31 (ex Article 37)
1. Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.
The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others.

2. Member States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the Articles dealing with the prohibition of customs duties and quantitative restrictions between Member States.

Paragraph 3 shall be repealed.

3. If a State monopoly of a commercial character has rules which are designed to make it easier to dispose of agricultural products or obtain for them the best return, steps should be taken in applying the rules contained in this Article to ensure equivalent safeguards for the employment and standard of living of the producers concerned. Remainder of sentence shall be deleted.

Paragraphs 5 and 6 shall be repealed.

This web-page was designed and written by Andrew Cowgill and was last updated on 10 December 1999

© Copyright Anthony Cowgill and Andrew Cowgill, 1999