ABSTRACT
This chapter examines how EU law prevents Member States from imposing non-fiscal barriers. There is a potentially infinite variety of such barriers, from measures such as hygiene inspections at border crossing points to technical legislation prescribing the permitted amount of salt in bakery products or the shape of margarine tubs. National legislation making it a criminal offence to import pornographic videos or banning the advertising of junk food could all have the effect of imposing trade barriers. Articles 34 and 35 are addressed to the Member States and therefore apply only to acts or omissions on behalf of the Member States. This essentially means the legislative and executive arms of each state's government although it extends beyond that. In practice, all products (whether manufactured or not) taken across an internal border of the EU for the purpose of commercial transactions are subject to the free movement of goods provisions – even waste.
