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Table of Cases from the European Court of justice and Court of First Instance |
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xxix | |
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Table of Cases from the European Court of Human Rights |
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li | |
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Table of Cases from other Jurisdictions |
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lii | |
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Table of European Community Treaties |
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lv | |
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Table of European Community Secondary Legislation |
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lviii | |
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Table of Legislation from other Jurisdictions |
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lxxxii | |
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Table of International Agreements, Conventions, and Treaties |
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lxxxv | |
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1 | (20) |
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Customs duties and customs unions: a broader perspective |
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2 | (4) |
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The economics of customs unions |
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4 | (2) |
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The international dimension in Community customs law |
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6 | (5) |
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11 | (3) |
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GATT 94 and EC customs law |
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14 | (4) |
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The primacy of international agreements |
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14 | (2) |
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16 | (2) |
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18 | (3) |
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The Customs Union in its Community Context |
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21 | (33) |
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The customs union: economic and social objectives |
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22 | (1) |
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The legal context of the customs union |
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23 | (22) |
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The customs union free movement of goods, and transit |
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24 | (3) |
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The Common Agricultural Policy (CAP) and customs law |
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27 | (1) |
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The customs union and internal taxation |
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28 | (4) |
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32 | (2) |
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The customs union: VAT and turnover taxes |
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34 | (3) |
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The customs union and state aid |
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37 | (1) |
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The customs union and competition law |
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38 | (2) |
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The common commercial policy and external affairs |
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40 | (4) |
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Anti-dumping and countervailing duties |
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44 | (1) |
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45 | (3) |
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The financial context of customs duty: own resources |
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48 | (6) |
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General obligations concerning own resources |
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50 | (4) |
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Fundamental Concepts of the Customs Union |
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54 | (29) |
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The nature of the Community's customs union |
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54 | (4) |
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A customs union not a free trade area |
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54 | (3) |
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57 | (1) |
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The common customs tariff |
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58 | (2) |
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The prohibition of internal customs duties and equivalent charges |
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60 | (12) |
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What is a customs duty or charge having equivalent effect? |
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62 | (1) |
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63 | (2) |
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The relevance of a charge's purpose and use |
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65 | (2) |
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Prohibited charges need not be payable to the Member State |
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67 | (1) |
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Charges for services may be prohibited charges |
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68 | (1) |
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Are the activities charged for required or permitted under Community law? |
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69 | (1) |
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Is the activity a service to the payee? |
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70 | (1) |
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Is the amount of the charge legitimate? |
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71 | (1) |
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72 | (5) |
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73 | (3) |
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76 | (1) |
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77 | (3) |
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The customs territory of the Community |
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80 | (3) |
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The Customs Union: Legislation and Administration |
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83 | (28) |
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84 | (13) |
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86 | (1) |
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87 | (4) |
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91 | (4) |
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The application and interpretation of the CCC |
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95 | (2) |
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The Implementing Regulation |
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97 | (3) |
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The Commission: customs law and administration |
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100 | (2) |
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The Member States: customs law and administration |
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102 | (4) |
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Penalties for customs offences |
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104 | (2) |
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Co-operation between Member States and with the Commission |
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106 | (3) |
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Co-operation in relation to recovery |
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106 | (1) |
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Co-operation in relation to the application of customs law |
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107 | (2) |
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The trader, the Member States. and the Commission |
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109 | (2) |
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The Common Customs Tariff: Administration and Interpretation |
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111 | (47) |
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112 | (1) |
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113 | (11) |
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The Combined Nomenclature |
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113 | (1) |
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Its function, history. and basis |
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113 | (1) |
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114 | (2) |
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Customs duties: common features - different types |
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116 | (2) |
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The alteration and suspension of customs duties |
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118 | (1) |
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119 | (2) |
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Tariff quotas: applications and licences |
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121 | (1) |
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Management of tariff quotas |
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122 | (1) |
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123 | (1) |
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123 | (1) |
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Order of applications-first come first served |
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124 | (1) |
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Application according to quantity requested |
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124 | (1) |
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TARIC and the Tariff Regulation |
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124 | (6) |
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The Commission s discretions in applying the CN and TARIC |
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126 | (1) |
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Case law on the Commission's role |
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127 | (1) |
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Classification regulations |
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128 | (2) |
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The tariff, the Court of Justice, and the requirement of objectivity |
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130 | (12) |
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The role of the Court of Justice |
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131 | (3) |
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The Court of Justice's general approach and the requirement of objectivity |
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134 | (2) |
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Time that objective characteristics considered |
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136 | (1) |
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Evidence of objective characteristics |
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136 | (1) |
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Specific considerations relating to objectivity |
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137 | (1) |
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Advances in medical science |
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137 | (1) |
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137 | (1) |
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137 | (1) |
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Functions which the product facilitates |
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138 | (1) |
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138 | (1) |
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Intention and the creation of products |
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138 | (1) |
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The intended use of products |
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138 | (1) |
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Manufacturing and processing of products |
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139 | (1) |
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Sight and sensory perception |
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140 | (1) |
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141 | (1) |
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Aids to the interpretation of the Tariff |
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142 | (9) |
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General rules regarding the CN |
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142 | (1) |
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General rules for the interpretation of the CN |
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142 | (3) |
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General rules applicable to both nomenclature and duties |
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145 | (1) |
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Notes and Opinions of the WCO and the Community |
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146 | (2) |
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148 | (1) |
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Case law on specific goods and classification headings |
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149 | (2) |
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The provision of information by customs authorities |
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151 | (7) |
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Issuing binding information |
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151 | (2) |
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Relying upon binding information |
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153 | (1) |
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The uses of binding information |
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154 | (1) |
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Binding information: validity and invalidity |
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154 | (2) |
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The UK and binding information |
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156 | (2) |
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International Arrangements and Agreements |
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158 | (36) |
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Autonomous Community measures |
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160 | (11) |
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The generalized system of preferences (GSP) |
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161 | (2) |
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163 | (2) |
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165 | (1) |
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166 | (1) |
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Overseas Countries and Territories |
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166 | (3) |
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169 | (2) |
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171 | (11) |
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172 | (2) |
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174 | (1) |
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175 | (1) |
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Co-operation, trade. and development agreements: Yaounde, Lome, and Cotonou |
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176 | (5) |
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181 | (1) |
|
Partnerships and Co-operation Agreements |
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181 | (1) |
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Trade and co-operation agreements |
|
|
182 | (1) |
|
Applying and interpreting international agreements |
|
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182 | (8) |
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Agreements as part of the Community legal order |
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182 | (1) |
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The Court as interpreter of the agreements |
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183 | (2) |
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Charges having equivalent effect |
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185 | (2) |
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Traders' directly effective rights |
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187 | (3) |
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The role and influence of international law |
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190 | (4) |
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194 | (48) |
|
Rules of origin: what they concern and their function |
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195 | (2) |
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Multilateral international agreements and non-preferential origin |
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197 | (5) |
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Kyoto: Annex D1 and Specific Annex K |
|
|
198 | (1) |
|
Criteria for establishing origin |
|
|
199 | (3) |
|
The CCC and non-preferential origin |
|
|
202 | (9) |
|
Origin in only one country |
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202 | (1) |
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203 | (1) |
|
Territorial sea: CCC, Article 23.2 and 23.3 |
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203 | (1) |
|
Products taken from the sea: Article 23(f) |
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204 | (1) |
|
Exclusive rights to exploit the seabed: Article 23(h) |
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204 | (1) |
|
Origin in more than one country |
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205 | (1) |
|
`Last' processing or working |
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206 | (1) |
|
`Substantial' processing or working |
|
|
207 | (1) |
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208 | (1) |
|
CCC Article 25, and origin shopping |
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209 | (1) |
|
Special rules for particular products |
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|
210 | (1) |
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|
211 | (15) |
|
The generalized system of preferences (GSP) |
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212 | (1) |
|
Origin in a single country |
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213 | (1) |
|
Origin in two or more countries |
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214 | (1) |
|
Unit of qualification, accessories and sets |
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215 | (1) |
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215 | (1) |
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216 | (1) |
|
The least-developed countries |
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217 | (1) |
|
The Overseas Countries and Territories |
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217 | (1) |
|
Other Community measures governing origin |
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218 | (1) |
|
Preferential origin under international agreements |
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219 | (1) |
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219 | (2) |
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221 | (1) |
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222 | (1) |
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222 | (1) |
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Euro-Mediterranean Agreements |
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223 | (1) |
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223 | (3) |
|
Proof of origin, customs authorities, the Commission, and the trader |
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226 | (16) |
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226 | (1) |
|
Proof of origin and the Kyoto Convention |
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226 | (1) |
|
Proof of origin and the GSP |
|
|
227 | (1) |
|
Certificates of origin form A |
|
|
228 | (1) |
|
The obligations of the competent authorities |
|
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228 | (1) |
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|
229 | (1) |
|
Single or global proofs of origin? |
|
|
230 | (1) |
|
Presentation of the proof of origin |
|
|
230 | (1) |
|
Errors in certificates and declarations |
|
|
231 | (1) |
|
Transactions for which certificates of origin are unnecessary |
|
|
231 | (1) |
|
Evidence of the status of Community goods |
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|
231 | (1) |
|
Proof of origin and international agreements |
|
|
232 | (1) |
|
Administrative co-operation |
|
|
233 | (1) |
|
Administrative co-operation and the GSP |
|
|
233 | (1) |
|
Subsequent verification of origin |
|
|
234 | (1) |
|
Case law on relations between importing and exporting states |
|
|
235 | (2) |
|
The Commission and subsequent verification |
|
|
237 | (1) |
|
The importer and subsequent verification |
|
|
238 | (4) |
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|
242 | (33) |
|
Customs valuation and international agreements |
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|
243 | (3) |
|
The normal price and the transaction value |
|
|
244 | (2) |
|
Valuation and Community law |
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|
246 | (4) |
|
Simple, equitable, and commercial- not arbitrary or fictitious |
|
|
246 | (1) |
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|
247 | (1) |
|
Valuation for customs duty purposes only |
|
|
248 | (1) |
|
The transaction value and alternatives to it |
|
|
249 | (1) |
|
Determining the transaction value |
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250 | (11) |
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250 | (2) |
|
What is `the price actually paid or payable'? |
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252 | (2) |
|
Additions to the price actually paid or payable |
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|
254 | (4) |
|
Exclusions from the price actually paid or payable |
|
|
258 | (1) |
|
Limitations on the use of the transaction value |
|
|
258 | (1) |
|
Related sellers and buyers |
|
|
259 | (2) |
|
Alternatives to the transaction price |
|
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261 | (9) |
|
The value of identical goods |
|
|
262 | (1) |
|
The value of similar goods |
|
|
263 | (1) |
|
The value based on unit price: the deductive method |
|
|
263 | (2) |
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|
265 | (1) |
|
The elements of computed value |
|
|
266 | (1) |
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|
267 | (1) |
|
Simplified procedures for certain perishable goods |
|
|
268 | (2) |
|
Items excluded from customs value |
|
|
270 | (2) |
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|
272 | (3) |
|
Customs Entry and Declaration |
|
|
275 | (16) |
|
Entry of goods into the customs territory |
|
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276 | (6) |
|
|
276 | (1) |
|
The duration of supervision |
|
|
276 | (1) |
|
Duty to convey goods to a customs office |
|
|
277 | (1) |
|
Presentation of goods to customs authorities |
|
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277 | (1) |
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278 | (1) |
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|
278 | (2) |
|
Extending the time of temporary storage |
|
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280 | (1) |
|
Global applications for extension |
|
|
281 | (1) |
|
The declarant and customs declarations |
|
|
282 | (9) |
|
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282 | (1) |
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|
283 | (1) |
|
The purpose of the declaration |
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|
283 | (1) |
|
The form of the standard declaration |
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|
283 | (1) |
|
Documents accompanying the declaration |
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|
284 | (1) |
|
Incomplete and simplified procedures |
|
|
285 | (1) |
|
Importers' obligations as regards the customs declaration |
|
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286 | (1) |
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|
287 | (1) |
|
Amending and invalidating the declaration |
|
|
287 | (1) |
|
Examination of the declaration and the goods |
|
|
288 | (1) |
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|
289 | (1) |
|
Post-clearance examination of declarations |
|
|
289 | (2) |
|
Customs Procedures and Approved uses and Treatments |
|
|
291 | (54) |
|
National customs controls in a customs union |
|
|
292 | (2) |
|
Proving the existence of Community goods |
|
|
294 | (3) |
|
Rules governing customs procedures with economic impact |
|
|
297 | (5) |
|
General provisions relating to authorizations |
|
|
298 | (1) |
|
Applications for authorization |
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|
299 | (1) |
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|
300 | (1) |
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|
300 | (1) |
|
The examination of economic conditions |
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|
301 | (1) |
|
Decisions on authorizations |
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|
301 | (1) |
|
The period for which authorizations are effective |
|
|
302 | (1) |
|
Release for free circulation and 'end use' |
|
|
302 | (4) |
|
Authorization for favourable treatment |
|
|
303 | (1) |
|
The contents and duration of an authorization |
|
|
304 | (1) |
|
The transfer of goods subject to an authorization |
|
|
305 | (1) |
|
|
306 | (15) |
|
|
308 | (1) |
|
International agreements creating transit regimes |
|
|
309 | (1) |
|
|
309 | (1) |
|
TIR and ATA procedures and the Implementing Regulation |
|
|
310 | (1) |
|
The Convention on Common Transit |
|
|
311 | (2) |
|
|
313 | (1) |
|
The external transit procedure |
|
|
313 | (2) |
|
The internal transit procedure |
|
|
315 | (1) |
|
|
316 | (1) |
|
The responsibilities of the principal/holder |
|
|
316 | (1) |
|
The transit declaration and formalities on departure, en route, and at destination |
|
|
317 | (1) |
|
The end and discharge of the procedure |
|
|
318 | (1) |
|
The principal's guarantee |
|
|
318 | (2) |
|
Irregularities and the customs debt |
|
|
320 | (1) |
|
|
321 | (6) |
|
|
322 | (1) |
|
Goods capable of being stored |
|
|
323 | (1) |
|
Storing and handling the goods |
|
|
323 | (2) |
|
|
325 | (1) |
|
Responsibilities of warehouse-keeper and depositor |
|
|
325 | (1) |
|
|
326 | (1) |
|
Processing under customs control |
|
|
327 | (4) |
|
|
328 | (1) |
|
|
328 | (1) |
|
Operation of the procedure |
|
|
329 | (1) |
|
Calculating the customs debt |
|
|
330 | (1) |
|
|
331 | (6) |
|
|
332 | (1) |
|
Period of temporary importation |
|
|
333 | (1) |
|
Total relief from import duty |
|
|
334 | (1) |
|
Partial relief from import duty |
|
|
335 | (1) |
|
|
336 | (1) |
|
|
336 | (1) |
|
Discharge of the procedure |
|
|
336 | (1) |
|
|
337 | (1) |
|
Customs-approved treatments and uses which are not customs procedures |
|
|
338 | (7) |
|
Free zones and warehouses |
|
|
338 | (1) |
|
The designation of free zones and warehouses |
|
|
339 | (1) |
|
Entry to a zone or warehouse |
|
|
340 | (1) |
|
Use of goods and activity within free zones and warehouses |
|
|
341 | (2) |
|
Removal of goods from free zones or warehouses |
|
|
343 | (1) |
|
|
343 | (1) |
|
Re-exportation, destruction, and abandonment |
|
|
343 | (2) |
|
Inward and Outward Processing |
|
|
345 | (28) |
|
The inward processing procedure |
|
|
345 | (16) |
|
What it is and why it is necessary |
|
|
345 | (1) |
|
Inward processing: a Community procedure |
|
|
346 | (1) |
|
The suspension system and the drawback system |
|
|
347 | (2) |
|
The equivalent compensation and prior exportation systems |
|
|
349 | (1) |
|
The equivalent compensation system |
|
|
349 | (1) |
|
The prior exportation system |
|
|
350 | (1) |
|
Triangular traffic system |
|
|
350 | (1) |
|
Permitted processing operations |
|
|
350 | (1) |
|
|
351 | (1) |
|
The form of the application |
|
|
351 | (1) |
|
Conditions for authorization |
|
|
351 | (1) |
|
|
352 | (1) |
|
|
353 | (1) |
|
The rates of duration and yield of the procedure |
|
|
354 | (1) |
|
The duration of the procedure and the period for discharge |
|
|
354 | (1) |
|
|
355 | (1) |
|
Movement of goods within the procedure |
|
|
356 | (1) |
|
|
357 | (1) |
|
Calculating the proportion of import goods in compensating products |
|
|
358 | (1) |
|
The quantitative scale method |
|
|
359 | (1) |
|
|
360 | (1) |
|
Discharge of the procedure |
|
|
360 | (1) |
|
Administrative co-operation |
|
|
361 | (1) |
|
|
361 | (12) |
|
What it is and why it is necessary |
|
|
361 | (1) |
|
Outward processing: a Community procedure |
|
|
362 | (1) |
|
The standard exchange and prior importation systems |
|
|
363 | (1) |
|
The standard exchange system |
|
|
363 | (1) |
|
|
364 | (1) |
|
Triangular traffic system |
|
|
364 | (1) |
|
Permitted processing operations |
|
|
365 | (1) |
|
|
365 | (1) |
|
The form of the application |
|
|
365 | (1) |
|
Conditions for authorization |
|
|
366 | |
|
The content of the authorization |
|
|
306 | (61) |
|
Entry of goods for the arrangements |
|
|
367 | (1) |
|
The duration and yield of the procedure |
|
|
367 | (1) |
|
The duration of the procedure |
|
|
367 | (1) |
|
|
367 | (1) |
|
|
368 | (1) |
|
|
368 | (1) |
|
|
369 | (1) |
|
Reduced and zero rates of duty |
|
|
370 | (1) |
|
Preferential rates of duty |
|
|
370 | (1) |
|
Repair of temporary export goods |
|
|
370 | (1) |
|
Calculating the proportion of temporary export goods in compensating products |
|
|
371 | (1) |
|
The aggregated discharge procedure |
|
|
371 | (1) |
|
Administrative co-operation |
|
|
372 | (1) |
|
The Customs Debt and Reliefs From Duty |
|
|
373 | (36) |
|
Security for the customs debt |
|
|
373 | (4) |
|
|
374 | (1) |
|
Security at the option of the customs authorities |
|
|
374 | (1) |
|
|
375 | (1) |
|
Maintenance of, additions to, and release of security |
|
|
376 | (1) |
|
Incurring a customs debt: the basic rules |
|
|
377 | (8) |
|
|
377 | (1) |
|
The debt on importation for breach of customs law |
|
|
378 | (1) |
|
Unlawful introduction of goods into the customs territory |
|
|
379 | (1) |
|
Unlawful removal of goods from supervision |
|
|
379 | (1) |
|
Failure to fulfil obligations or comply with conditions |
|
|
380 | (2) |
|
Unauthorized consumption or use of goods |
|
|
382 | (1) |
|
Two situations in which there is no debt on importation |
|
|
383 | (1) |
|
|
384 | (1) |
|
|
384 | (1) |
|
The debt on exportation for breach of customs law |
|
|
384 | (1) |
|
Removal of goods from the customs territory without a declaration |
|
|
384 | (1) |
|
Failure to comply with conditions |
|
|
385 | (1) |
|
|
385 | (1) |
|
The significance of the time and place at which a customs debt is incurred |
|
|
385 | (1) |
|
Recovering a customs debt |
|
|
386 | (6) |
|
|
387 | (1) |
|
|
387 | (1) |
|
Time limits for entry in the accounts |
|
|
388 | (1) |
|
Extension of time periods |
|
|
389 | (1) |
|
Subsequent entry into the accounts |
|
|
389 | (1) |
|
Communication to the debtor |
|
|
390 | (2) |
|
|
392 | (4) |
|
National authorities, post-clearance recovery and non-entry in the accounts |
|
|
393 | (1) |
|
The Commission, post-clearance recovery and non-entry in the accounts |
|
|
394 | (2) |
|
Payment of the customs debt |
|
|
396 | (5) |
|
The obligation to pay and the prescribed periods |
|
|
397 | (1) |
|
|
398 | (1) |
|
|
398 | (1) |
|
|
399 | (1) |
|
Payment facilities other than deferment |
|
|
400 | (1) |
|
|
400 | (1) |
|
Extinction of a customs debt |
|
|
401 | (1) |
|
|
402 | (4) |
|
Heads of relief from import duty |
|
|
403 | (3) |
|
Heads of relief from export duty |
|
|
406 | (1) |
|
|
406 | (3) |
|
|
406 | (2) |
|
|
408 | (1) |
|
Repayment, Remission and Appeals |
|
|
409 | (50) |
|
Repayment or remission: an introduction |
|
|
409 | (2) |
|
Four groups of situations in which repayment or remission is made |
|
|
411 | (1) |
|
Duty not owed or improper entry in the accounts: CCC, Article 236 |
|
|
411 | (9) |
|
CCC, Article 220.2(a)-(c) |
|
|
412 | (1) |
|
CCC, Article 220.2(b): Error on the part of the customs authorities |
|
|
412 | (3) |
|
CCC. Article 220.2(b): Detectability |
|
|
415 | (4) |
|
CCC. Article 220.2(b): Good faith |
|
|
419 | (1) |
|
Relief where declaration invalidated or defective goods |
|
|
420 | (2) |
|
Customs declaration invalidated: CCC. Article 237 |
|
|
420 | (1) |
|
Defective goods: CCC. Article 238 |
|
|
420 | (2) |
|
Repayment and remission in other situations: CCC, Article 239 |
|
|
422 | (6) |
|
No deception or obvious negligence |
|
|
422 | (2) |
|
Situations giving rise to repayment or remission under Article 900 |
|
|
424 | (3) |
|
Situations under Article 901 |
|
|
427 | (1) |
|
Returned goods: Article 903 |
|
|
428 | (1) |
|
The general fairness clause: Article 905 |
|
|
428 | (7) |
|
What is a special situation? |
|
|
430 | (1) |
|
Examples of situations giving rise to special situations |
|
|
431 | (1) |
|
Access to the Official Journal |
|
|
431 | (1) |
|
|
432 | (1) |
|
Fraud by commercial operators and official investigations |
|
|
432 | (1) |
|
Mistakes by customs authorities, the Commission, and others |
|
|
433 | (2) |
|
Applications under CCC. Article 239.2 |
|
|
435 | (7) |
|
The case to the Commission and the Commission's role |
|
|
436 | (1) |
|
Representations to the Commission |
|
|
437 | (2) |
|
The Commission's decision |
|
|
439 | (1) |
|
The Commission's discretion |
|
|
440 | (2) |
|
Generally applicable procedural matters |
|
|
442 | (5) |
|
Applications for repayment or remission |
|
|
442 | (1) |
|
The form and nature of the application |
|
|
442 | (1) |
|
The grounds of the application |
|
|
443 | (1) |
|
|
443 | (1) |
|
|
444 | (1) |
|
|
445 | (1) |
|
Loss of entitlement to repayment or remission |
|
|
445 | (1) |
|
Repayment or remission in error |
|
|
446 | (1) |
|
Repayment or remission where quotas and other arrangements apply |
|
|
446 | (1) |
|
Situations which do not give rise to relief |
|
|
447 | (1) |
|
|
447 | (12) |
|
|
448 | (1) |
|
Annulment, revocation, and amendment |
|
|
449 | (1) |
|
The appeal, suspension of the decision, and the provision of security |
|
|
450 | (1) |
|
The provision of security |
|
|
451 | (1) |
|
The UK's appeal procedure |
|
|
452 | (1) |
|
Ancillary and non-ancillary matters |
|
|
453 | (2) |
|
The provision of security prior to an appeal |
|
|
455 | (1) |
|
Security and unconditional rights of appeal |
|
|
456 | (1) |
|
|
457 | (2) |
|
|
459 | (6) |
|
Planning for the future by the Council, the Commission, and Member States |
|
|
459 | (4) |
|
Customs 2000 and Customs 2002 |
|
|
460 | (2) |
|
The Council Resolution on a strategy for the customs union |
|
|
462 | (1) |
|
Planning for the future by traders |
|
|
463 | (2) |
Conclusion |
|
465 | (2) |
Selected reading |
|
467 | (2) |
Index |
|
469 | |