PART THREE ( * )

( * ) Part Three, regrouping former Parts Two and Three ( Article G, point D, TEU ).

COMMUNITY POLICIES

TITLE I

Free movement of goods

Article 9

1. The Community shall be based upon a customs union which shall cover all trade  in goods and which shall involve the prohibition between Member States of customs  duties on imports and exports and of all charges having equivalent effect, and the  adoption of a common customs tariff in their relations with third countries.

2. The provisions of Chapter 1, Section 1, and of Chapter 2 of this Title shall apply  to products originating in Member States and to products coming from third countries  which are in free circulation in Member States.

Article 10

1. Products coming from a third country shall be considered to be in free circulation  in a Member State if the import formalities have been complied with and any  customs duties or charges having equivalent effect which are payable have been  levied in that Member State, and if they have not benefited from a total or partial  drawback of such duties or charges.

2. The Commission shall, before the end of the first year after the entry into force of  this Treaty, determine the methods of administrative cooperation to be adopted for  the purpose of applying Article 9( 2 ), taking into account the need to reduce as much  as possible formalities imposed on trade.

Before the end of the first year after the entry into force of this Treaty, the  Commission shall lay down the provisions applicable, as regards trade between  Member States, to goods originating in another Member State in whose manufacture  products have been used on which the exporting Member State has not levied the  appropriate customs duties or charges having equivalent effect, or which have  benefited from a total or partial drawback of such duties or charges.

In adopting these provisions, the Commission shall take into account the rules for the  elimination of customs duties within the Community and for the progressive  application of the Common Customs Tariff.

Article 11

Member States shall take all appropriate measures to enable governments to carry  out, within the periods of time laid down, the obligations with regard to customs  duties which devolve upon them pursuant to this Treaty.

<8>