Case 288/83 Commission of the European Communities V Ireland

Case 288/83

Commission of the European Communities v Ireland

Summary

1. Agriculture — Products not subject to a common organization of the market — Such products subject to the general rules of the Treaty — Special rules relating to the common agricultural policy — Inapplicability (EEC Treaty, Arts 9, 10, 30, 39 et seq.;

2. Free movement of goods — Provisions of the Treaty - Scope — Products originating in the Community and imported products put into free circulation - Importation under a Community quota — Lack of effect (EEC Treaty, Arts 9, 10 and 30

1. Agricultural products in respect of which 2. The measures laid down in the provisions a common organization of the market of the Treaty dealing with the liber has not been established are subject to alization of intra-Community trade are the general rules of the common market applicable without distinction to products with regard to importation, exportation originating in the Member States and to and movement within the Community. A those coming from non-member Member State may not therefore rely on the special rules of Article 39 et seq., the countries which have been put into free purpose of which is to define the basis of circulation in the Community. Once the a common agricultural policy, in order to latter products have been duly imported establish or to maintain on its territory into the Community in accordance with provisions derogating from the principles the provisions in force relating to tariffs of the common market in respect of a and trade, they are definitively and product not subject to a common organiz wholly assimilated to products orig ation of the market. inating in Member States. Those considerations also apply to products

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imported into the Community under a they are assimilated to the products Community quota even if that quota is which are in free circulation in that State more particularly intended for the market and it must therefore be possible for of a specific Member State either by them to be imported without hindrance virtue of an agreement or of a later into the other Member States, except allocation. Once goods forming part of where an express provision to the such a quota have been duly imported contrary has been adopted by a into the Member State of destination, competent institution of the Community.

OPINION OF MR ADVOCATE GENERAL DARMON delivered on 20 March 1985 *

Mr President, It appears from the documents in the case Members of the Court, that until the entry into force on 1 March 1980 of the Community plant health system, 1. The action brought before the Court the consequences of that Association under Article 169 of the EEC Treaty by the Agreement had not been felt on the Irish Commission for a declaration that Ireland potato market because of the national rules has failed to fulfil its obligations under the applicable in the matter until then. Treaty concerns the Community rules According to the Irish Government, large applicable to the circulation of new potatoes quantities of new potatoes were imported imported into the Community from Cyprus. into Ireland from the summer of 1980 onwards. Since, according to the Irish Under an Association Agreement concluded Government, the national market has always in 1973 between the Republic of Cyprus and been self-sufficient, if not slightly in surplus, the European Community (Official Journal the effect of the imports was to destabilize L 133 of 21 May 1973, p. 2) the Republic of prices and to pose a serious threat to the Cyprus benefited initially from annual tariff income of the country's small potato quotas, free of customs duties, in respect of growers. imports of new potatoes into the United Kingdom, the annual tariff quota taking It was in that context that an order of the into account 'the traditional United Minister for Agriculture entitled 'the Kingdom imports from Cyprus'. Later, Potatoes [Regulation of Import] Order' potatoes originating in Cyprus and imported (hereinafter referred to as 'the Order') into the Community were admitted at entered into force in Ireland on 6 March reduced rates of duties under the Common 1981 and established a system of licences for Customs Tariff, by virtue of a sup the importation of potatoes into Ireland. plementary Protocol laying down certain Articles 3 and 4 of the Order read as provisions relating to trade in agricultural follows : products between the European Economic Community and the Republic of Cyprus (Official Journal L 172 of 28 June 1978, pp. '3. This Order applies to potatoes which are 3 and 11). raw, unprocessed and are produced in

* Translated from the French.

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