Prohibition of Quantitative Restrictions and MEQRs
*-The main provisions concerning the free movement of goods:
1) Art.30 TFEU: Prohibition of customs duties and CEE’s
2) Art.34 TFEU: Elimination of quantitative restrictions on imports and measures having
an equivalent effect (MEQR’s).
3) Art.35 TFEU: Elimination of quantitative restrictions on exports and measures having
an equivalent effect (MEQR’s).
4) Art.36 TFEU: Derogations/ justification from Art.34-35 TFEU.
Art.34 TFEU: Restrictions on Imports
-Art. 34 TFEU is the main provision because it deals with quantitative restrictions and
equivalent measures affecting imports. That is, MS attempting to restrict the flow of goods
into their State.
*-Art.34 TFEU: Quantitative restrictions on imports and all measures having equivalent
effect shall be prohibited between Member States.
--Therefore, there are two types of measures prohibited by Art.34 TFEU:
1) Quantitative Restrictions
2) Measures Having Equivalent Effect to Quantitative Restrictions (MEQR’s).
-Unlike Art.30 TFEU, Art.34 and 35 require MS to take positive action to make sure that the
free movement of goods is respected, as well as to refrain from taking action contrary to the
principle.
--Art.34 is not absolute. Therefore, MS can derogate from the requirements of Art.34 if they
meet the requirements of Art.36 TFEU, which contains an exhaustive list of grounds on
which derogation is permissible.
1)Quantitative Restrictions
-Quantitative Restriction: A quantitative restriction is one where imports or exports are either
partially or totally restricted.
--This would include quota systems, bans, and can potentially also be any form of licensing
system.
Henn and Darby [1980]: Complete ban on the import of obscene videos and magazines;
breach of Art.34 TFEU as a quantitative restriction.
*-Quantitative restrictions often breach Art.34 TFEU merely because of their effect- they
discriminate against imported products, and therefore attract the accusation that they are a
barrier to free trade between EU MS.
--Because they are very straightforward breaches of Art.34 TFEU, they are also very rare,
and have been mostly eradicated from the EU.
2)MEQR’s
*-MEQR’s are wide in their scope as the measures can apply to both imported and domestic
products. However, it is their effect that is important.
--Must also remember that they may not have been intended to have that effect by the MS
that has put them in place.
*-The main provisions concerning the free movement of goods:
1) Art.30 TFEU: Prohibition of customs duties and CEE’s
2) Art.34 TFEU: Elimination of quantitative restrictions on imports and measures having
an equivalent effect (MEQR’s).
3) Art.35 TFEU: Elimination of quantitative restrictions on exports and measures having
an equivalent effect (MEQR’s).
4) Art.36 TFEU: Derogations/ justification from Art.34-35 TFEU.
Art.34 TFEU: Restrictions on Imports
-Art. 34 TFEU is the main provision because it deals with quantitative restrictions and
equivalent measures affecting imports. That is, MS attempting to restrict the flow of goods
into their State.
*-Art.34 TFEU: Quantitative restrictions on imports and all measures having equivalent
effect shall be prohibited between Member States.
--Therefore, there are two types of measures prohibited by Art.34 TFEU:
1) Quantitative Restrictions
2) Measures Having Equivalent Effect to Quantitative Restrictions (MEQR’s).
-Unlike Art.30 TFEU, Art.34 and 35 require MS to take positive action to make sure that the
free movement of goods is respected, as well as to refrain from taking action contrary to the
principle.
--Art.34 is not absolute. Therefore, MS can derogate from the requirements of Art.34 if they
meet the requirements of Art.36 TFEU, which contains an exhaustive list of grounds on
which derogation is permissible.
1)Quantitative Restrictions
-Quantitative Restriction: A quantitative restriction is one where imports or exports are either
partially or totally restricted.
--This would include quota systems, bans, and can potentially also be any form of licensing
system.
Henn and Darby [1980]: Complete ban on the import of obscene videos and magazines;
breach of Art.34 TFEU as a quantitative restriction.
*-Quantitative restrictions often breach Art.34 TFEU merely because of their effect- they
discriminate against imported products, and therefore attract the accusation that they are a
barrier to free trade between EU MS.
--Because they are very straightforward breaches of Art.34 TFEU, they are also very rare,
and have been mostly eradicated from the EU.
2)MEQR’s
*-MEQR’s are wide in their scope as the measures can apply to both imported and domestic
products. However, it is their effect that is important.
--Must also remember that they may not have been intended to have that effect by the MS
that has put them in place.
