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GLOSSARY

Product rule definition

Published by a LexisNexis EU Law expert

What does Product rule mean?

Product rules, also known as product requirements, refer to the measures introduced by member states requiring some alterations with regards the physical aspect of a product or relating to the production process.

Product rules relate to the composition, packaging, presentation or generic designation of products. These rules are considered as infringing Article 34 TFEU, which prohibits barriers to trade. According to the CJEU once a product is lawfully produced in one member state, it should, in principle, be accepted to the markets of other member states without being subject to restrictions. Any alteration regarding the product itself imposes a double burden on the imported goods, and therefore constitutes an obstacle to the free movement of goods which is contrary to Article 34 TFEU. The CJEU, in its Keck judgement, distinguished selling arrangements from product rules, and excluded selling arrangements from the ambit of Article 34 TFEU.

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EU competition law and selective distribution under VBER 2010 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. On 10 May 2022, the Commission adopted a new Vertical Block Exemption Regulation 2022/720 (VBER 2022). The VBER 2022 replaced the previous Vertical Restraints Block Regulation 330/2010 (VBER 2010, also referred to as the VRBE in this Practice Note) on 1 June 2022. This Practice Note was drafted for the VBER 2010.NOTE—The VBER 2010 expired on 31 May 2022 and was replaced by the VBER 2022 with effect from 1 June 2022. Under Article 10 VBER 2022, there was a 12 month transition period (ending on 31 May 2023) to accommodate pre-existing vertical agreements already in force on 31 May 2022 which satisfied the conditions for exemption provided in the VBER 2010 on 31 May 2022 but which did not satisfy the conditions for exemption provided in the VBER 2022. This Practice Note is therefore for background information only.For an assessment of selective distribution agreements under Article 101 TFEU, the VBER 2022 and the Commission’s 2022 Guidelines on Vertical...

Customs classification

Customs classification This Practice Note provides practical guidance on how to classify a product in the Harmonised System nomenclature. It provides guidance on the sections, chapters, headings and sub-headings. It also provides guidance n the general rules for interpretation of the Harmonised System nomenclature. A step-by-step guidance is provide for clarifying a product. Introduction All goods are classified. When a good is classified it is generally referred to as a customs or tariff classification. All goods are classified according to the Harmonised System (HS) nomenclature code. The HS code is defined by the World Customs Organization (WCO). It allows for all goods to be classified uniformly. This allows all World Trade Organization (WTO) Member States, of which there are some 184, and some non-Member States to trade uniformly with one another. Customs classification facilitates trade as all goods are classified via the same rules. This ensures that, for example, a fresh peach (HS 080930) is not classified as a preserved peach (HS 200870). This is important as the tariff classification...

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