Traduction de «Critère relatif à la notion de réfugié » (Français → Anglais) :

May the information provided by the producer on the technical process for production of the goods, according to which the presence of noxious substances in the product cannot be ruled out, be used as a criterion for classification of the goods, in interpreting the term ‘non-food product’ for the purposes of applying the CN headings in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and for the purposes of classifying the goods?

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the ‘dialectical development’ looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs' opinion in Christos Konstantinidis ; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd , Advocate General Van Gerven put f ...[+++]orward the proposition that ‘a national rule which in order to show that it is compatible with [Union] law has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls ’within the scope' of [Union] law' on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be ‘justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms’;

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the "dialectical development" looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs’ opinion in Christos Konstantinidis; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd, Advocate General Van Gerven put forward the propositio ...[+++]n that "a national rule which in order to show that it is compatible with [Union] law has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls 'within the scope' of [Union] law" on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be "justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms";

6. Calls upon Member States to assume a duty to share responsibility in meeting their international obligations; such sharing of responsibility must not involve Member States’ setting numerical ceilings on refugee intake, since this could distort the application of the criteria for recognising refugee status;

For example, we learn that the Justice and Home Affairs Ministers who met on 13 September, in other words, just 10 days ago, agreed on a broad definition of the concept of refugee, by adopting broader criteria than those of the Geneva Convention.

35. Calls on the Member States to apply the 1951 UN Convention on the Status of Refugees and the 1967 Protocol thereto in a comprehensive and non-restrictive manner, in accordance with the Handbook on procedures and criteria for determining the status of refugees, drawn up by the Office of the UN High Commissioner for Refugees (HCR);