Quantitative restrictions meaning

Structure of the WTO agreements The Marrakesh Agreement Establishing the World Trade Organisation (Marrakesh Agreement) functions as the umbrella WTO Agreement, as it provides the institutional and legal framework. The next layer of instruments sits in Annex 1 to the Marrakesh Agreement. Three agreements - the General Agreement on Tariffs and Trade 1994 (GATT 1994), the General Agreement on Trade in Services (GATS) and the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) - set out the core principles on liberalising trade in goods, services and intellectual property rights, respectively, together with any exceptions. This Practice Note introduces those principles and exceptions. It should be noted that, for GATT 1994 and GATS, two additional layers must be considered to obtain a comprehensive view of trade in goods or services. Under GATT 1994 there are further agreements or annexes regulating particular sectors or specific aspects of trade in goods, such as the Agreement on Agriculture and the Agreement on the Application of Sanitary and Phytosanitary Measures....

This Practice Note offers practical guidance on export controls within the framework of the WTO’s General Agreement on Tariffs and Trade. It sets out the three exceptions that permit the use of export controls: Prohibition on Quantitative Restrictions General Exception Security Exception What are export controls? Export controls are laws or regulations applied to a wide range of goods. They typically cover certain commodities, software, technology and weapons, and can also apply to food, live animals and plants, products derived from plants and animals, and medicines. The degree of control varies: Some exports are completely prohibited Others may proceed only within specified quantity limits Certain products require prior authorisation, such as an export permit or licence The goods affected and the mechanisms used differ between countries; therefore, domestic legislation must be consulted to understand the applicable export control regime...

Article 101(1) TFEU bans agreements that may influence trade between Member States and whose object or effect is to prevent, limit, or distort competition within the common market. Nevertheless, a restrictive arrangement—whether between competitors or non-competitors—will not fall foul of Article 101(1) TFEU if its impact on competition is not appreciable. Put simply, the prohibition does not bite where any identified anti-competitive effects, whether presumed or otherwise, are insignificant; the harm must be sufficiently substantial to justify the attention of the authorities... De minimis doctrine—appreciability This principle, referred to as the de minimis doctrine, was first articulated in Völk v Vervaecke, where the Court of Justice held that an agreement lies outside Article [81(1)] if it has only a trivial influence on the market, bearing in mind the weak market position of the parties in the relevant product market. This applies whatever the nature of the restraint, including so-called ‘hardcore’ restrictions. Indeed, Völk concerned a clause granting absolute territorial protection against parallel trade—a classic hardcore restraint—which was found...