Measures

Commercial Policy Measures and the Treaties of the European Union

Description of Commercial policy measures provided by the European Union Commission: Non-tariff measures established in the framework of the common commercial policy, such as

• import or export surveillance or safeguard measures,
• quantitative import or export restrictions,
• import or export prohibitions (Art. 1 (7) CCIP).

Some measures apply to all goods entering or leaving the EC customs territory, others only to release for free circulation or export (Arts 509, 808CCIP).

In the United Nations Convention on Contracts for the International Sale of Goods

Measures Buyer has to take on a commercial basis

In its Article 54 [Obligation to pay the price], the buyer’s obligation to pay the price includes “taking such steps” (…).

“If nothing is agreed to the contrary, the measures which the buyer has to take on a commercial basis include, above all, the transfer of a sum through the customary way, e.g. bank transfer order, and handing over of a cheque or payment in cash. Where the provision of payment guarantees is planned, those measures comprise the provision of such guarantees, above all from which payment is to be made directly (letter of credit, indemnity). We believe that the buyer should generally have the obligation to ensure the success of such activities, i.e. to actually provide a letter of credit (not clearly expressed in the Secretariat’s Commentary, O.R. 45; accurate Huber, 511), unless this fails because the buyer, in spite of making all the required efforts, cannot create the prerequisites which concern relations to the authorities. Depending on the terms of payment, several other activities may have to be undertaken by the buyer (e.g. acceptance of a bill of exchange).” [1]

Resources

Notes

1. Fritz Enderlein and Dietrich Maskow

See Also

Formalities

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