5 2. Can a tax caught by Article 30 TFEU be defended on the basis of Article 36 TFEU? In which case the CJEU has discussed the issue for the first time? Article 30 TFEU prohibits not only costumes duties, butt also charges having an equivalent effect (CEE). 6 According to Community trade law, any derogation which is not construed strictly, is hostile to achievement of the common market. This principle is seen concretely in the form of Article 36 TFEU (ex Article 30 EC) (Weatherill, 2007, p. 359). Article 36 TFEU provides: "The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; 1 2 3 , , , 4 , 5 , 9, 10- http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_3.1.2.html, by Mariusz Maciejewsk, 12/2016 6
cal sensors have been developed in order to There exist also in-line applications for provide reliable meat quality information. foods: detection of foreign components These sensors can be used in the process line through the application of x-rays or control to obtain objective information in a fast and of food composition by using Near Infrared nondestructive way. The most important are (Holm 2003). Concretely, microwave spec- mainly based on electromagnetic energy, troscopy is currently used for the determina- ultrasounds, and resonance techniques. These tion of moisture content in some cereals and sensors can directly provide important infor- fruits (Kraszewski 1991, 1996; Kraszewski mation about meat composition and struc- and Nelson 1992, 1993a, b, 1994; Kraszewski ture; sometimes, the information provided by et al. 1998; Nelson and Bartley 2000),