Basic economic freedoms. 1. Free movement of goods The Community shall be based upon a customs union which shall cover all trade in goods and which shall.

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Presentation transcript:

Basic economic freedoms

1. Free movement of goods 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 relation with third countries.

Products from third countries Products coming from a third country shall be considered to be in free circulation in a M.S. if the import formalities have been complied with and any customs duties payable have been levied in that M.S. and if they have not benefited from a total or partial drawback of such duties.

Customs duties of fiscal nature Customs duties on imports and exports shall be prohibited between M.S. This prohibition shall also apply to customs duties of fiscal nature. No M.S. shall impose, directly or indirectly, on the products of other M.S. any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products.

Furthermore, no M.S. shall impose on the products of other M.S. any internal taxation of such a nature as to afford indirect protection to other products. Where products are exported to the territory of any M.S., any repayment of internal taxation shall not exceed the internal taxation imposed on them whether directly or indirectly.

Harmonisation of fiscal legislation The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, adopt provisions for the harmonization of legislation concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonization is necessary to ensure the establishment and the functioning of the internal market.

Prohibition of quantitative restrictions between M.S. Quantitative restrictions on imports and exports, and all measures having equivalent effect shall be prohibited between M.S. These prohibition shall not preclude 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 and 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 M.S.

Free movement of persons, services and capital WORKERS Freedom of movement for workers shall be secured within the Community Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the M.S. as regards employment, remuneration and other conditions of work and employment.

It shall entail the right, subject to limitations justified on grounds of public policy, public security and public health: -to accept offers of employment actually made, -to move freely within the territory of MS for this purpose, -to stay in a MS for the purpose of employment, -to remain in the territory of a MS after having been employed in that MS These provisions shall not apply to employment in the public service.

Right of establishment Restrictions on the freedom of establishment of nationals of a MS in the territory of another MS shall be prohibited. Such prohibitions shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any MS established in the territory of any MS Freedom of establishment shall include the right to take up and pursue activities as self employed persons and to set up and manage undertakings, in particular companies or firms, under the conditions laid for its own nationals by the law of the country where such establishment is effected.

Services Restrictions on freedom to provide services within the EU shall be prohibited in respect of nationals of MS who are established in a State of the EU other than that of the person for whom the service are intended. Services shall in particular include: -activities of a an industrial character, -activities of a commercial character, -activities of craftsmen, -activities of the profession.

Capital and payment All restrictions on the movement of capital between MS and between MS and third countries shall be prohibited. All restrictions on payments between MS and between MS and third countries shall be prohibited. These prohibitions do not affect the right of MS: -to apply the relevant provisions of their tax law which distinguish between taxpayers who are not in the same situation with regard to their place of residence or with regard to the place where their capital is invested. -to take all requisite measures to prevent infringements of national law and regulations, in particular in the field of taxation and the prudential supervision of financial institutions.