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EC Trade Law - Essay Example

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The paper "EC Trade Law" highlights that law has been deemed to be particularly relevant in such areas as environmental protection where the interests of all nations are affected and where it would be necessary for the Commission to issue Directives…
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EC Trade Law
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Download file to see previous pages In the case of R v Ministry of Agriculture1 para 18 clarifies that it would not be possible for a Member State to assert its law where an EU Community Directive with a different objective exists - a Directive that has been established for the harmonizing of relevant measures between nations. In this instance, Germany is proposing to impose a tax to achieve the same objective as an EC directive. There is a Directive in effect, which is that of inspections for salmonella in poultry. Germany’s tax merely helps to ensure that the objectives of the EC Directive to ensure the quality and purity of poultry sold in the member States is protected. The fact that such a Directive exists implies that this issue will have priority in a national framework as well and that the Member States will be expected to do everything they can to implement it. In carrying out tests for Newcastle’s Disease in chickens, Germany is trying to achieve the same goals as the EC directive – i.e, ensuring the quality and purity of chickens, therefore under Community law, it will be considered perfectly legal for Germany to impose such taxes. Although this issue of poultry may not be deemed to constitute an issue important significant enough to declare that other Member States must also impose similar taxes to adhere to the EC Directive, nevertheless Germany’s move to impose this tax will not be considered to be in violation of EU law.
b) The basic issue, in this case, is the conflict between UK’s proposal to control emissions through the imposition of higher road tax rates vis a vis the need to maintain free trade and a single common market within the European Union. The Commonwealth of European nations was established with the aim of promoting economic growth, as laid out in Article 1, which specifies that by “establishing a Common Market” the goal is to “promote “balanced and sustainable development of economic activities” and “a high degree of competitiveness2. ...Download file to see next pagesRead More
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