Eu Law of Free Movement of Goods and Customs Union

by Gormley, Laurence W.

• ISBN13: 9780199229000
• ISBN10: 0199229007
• Edition: 1st
• Format: Hardcover
• Copyright: 2010-01-25
• Publisher: Oxford University Press

Summary

This work gives a practical overview of the legal aspects of the Free Movement of Goods and the working of the Customs Union within the European Union and their interpretation and application by the Court of Justice of the European Communities. The essential purpose of the free movement of goods and customs provisions of the EC Treaty is to contribute to the establishment of a common market that will ensure, among other things, free trade in goods between member states. The free movement of goods is the primary pillar on which the internal market within the European Community - the heart of the EU - is based. This book analyzes the operation of the customs union, with detailed treatment of the Community Customs Code and its implementing and associated measures. It also discusses the elimination of customs duties and charges having equivalent effect, and the elimination of quantitative restrictions and measures having equivalent effect in trade between Member States. It concludes with coverage of state monopolies of a commercial character, and the nuclear common market. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who do not subscribe to the looseleaf.

Author Biography

Laurence Gormley is Professor of European Law and Jean Monnet Professor at the University of Groningen in the Netherlands, and Professor at the College of Europe, Bruges. He was called to the Bar (Middle Temple) in 1978 and was awarded the Hon. Sir Peter Bristow Award for that year. He was an
Official at the European Commission from 1983-1990, and in 1990 was appointed to the Chair of European Law in Groningen, where he leads the Jean Monnet Centre of Excellence. He is on the Editorial Boards of numerous journals and has written extensively on European Union Law in myriad articles and
contributions to books. He is the author of Prohibiting Restrictions on Trade within the EEC (North Holland, 1985) and of two parts of Vol. 52 of Halsbury's Laws (4th. Ed., 1986). He edited the 2nd. (1989) and 3rd. (1998) editions of Kapteyn & VerLoren van Themaat's Introduction to the Law of the
European Communities (Kluwer Law International).

He has been Visiting Professor at various Law Faculties, including University College, London, Bonn, Leuven and Bremen, and has been a Visiting Fellow at Sidney Sussex College and the Centre for European Legal Studies at Cambridge. From 1995-2005 he was Chairman of the Dutch Association for
Procurement Law, of which he is now an Honorary member and member of the Advisory Council.

Table of Contents

Introduction

General

The Customs Code Committee

The Customs Territory of the Community

The Common Customs Tariff

Scheme and Background

Establishment of the Common Customs Tariff

Application of the Common Customs Tariff

Exclusions and Derogations

Interpretation

Origin and valuation of goods

The Origin of Goods

Proof of Origin

Importance of Origin

Customs Valuation Generally

Application of the Deductive and Computed Value

Reasonable Means: The residual or 'fall-back' method of valuation

Provisions applicable to goods brought into the territory of the Community until they are assigned a customs-approved treatment or use

Entry of Goods into the Customs Territory of the Community

Presentation to Customs

Summary Declaration and Unloading of Goods Presented to Customs

Obligation to Assign Goods Presented to Customs to a Customs-approved Treatment or Use

Customs-approved treatment or use

Assignment and Declarations to Customs

Release for Free Circulation

Community Transit

Customs Procedures with Economic Impact

Other Types of Customs-approved Treatment or Use

Export

Privileged Operations

Customs debt

Appeals

Elimination of customs duties and charges having equivalent effect in trade between member states

Elimination of quantitative restrictions and measures having equivalent effects in trade between Member States

Introduction

Imports

Exports

Justifications for Restrictions on Trade between Member States

Other Derogations from the Principle of the Free Movement of Goods

State Monopolies of a Commercial Character

The Nuclear Common Market

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