- Nothing in this Chapter shall be construed as preventing the adoption or enforcement by any Member State of measures:
(a) to protect public morals or to maintain public order and safety;
(b) to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations relating to customs enforcement, or to the classification, grading or marketing of goods, or to the operation of monopolies by means of state enterprises or enterprises given exclusive or special privileges;
(d) necessary to protect intellectual property or to prevent deceptive practices; (e) relating to gold or silver;
(f) relating to the products of prison labour;
(g) relating to child labour;
(h) imposed for the protection of national treasures of artistic, historic or archaeological value;
(i) necessary to prevent or relieve critical food shortages in any exporting Member State;
(j) relating to the conservation of natural resources or the preservation of the environment;
(k) to secure compliance with laws or regulations which are not inconsistent with the provisions of this Treaty including those relating to:
(i) the prevention of deceptive and fraudulent practices, and the effects of a default on contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; and
(l) to give effect to international obligations including treaties on the avoidance of double taxation, but only if such measures do not constitute arbitrary or unjustifiable discrimination between Member States where like conditions prevail, or a disguised restriction on trade within the Community.
- Measures taken by the Member States pursuant to paragraph 1 shall be notified to COTED.
- The Community Council shall take appropriate measures to co-ordinate applicable legislation, regulations and administrative practices established in accordance with Article 44.