Professor Takis Tridimas:

Although the public policy exception is to be understood narrowly, in our view it allows Ireland to prohibit the importation and sale of goods originating in an occupied territory as defined in the Bill for the following reasons. First, the Bill seeks to comply with international law, in particular the Fourth Geneva Convention. Second, it seeks to protect human rights, namely, the right to self-determination. Third, it is fully in alignment with the avowed objectives of the European Union and the political stance of the Union on matters of occupied territories.

Allow me to proceed to the second aspect, which is trade in services. Trade in services with third countries also falls within the common commercial policy, which is an exclusive EU competence. In relation to services, there is no general measure similar to Regulation (EU) 2015/478, which applies to goods. This is owing to historical reasons and the peculiarities of the services. As a result, in relation to services, there is no clause similar to that laid down in Article 24(2)(a) of the import regulation which applies to goods and which expressly authorises a member state to impose restrictions on trade in services on grounds of public policy. Nonetheless, the absence of such a clause does not in itself mean that member states may not restrict trade in services from third countries to protect the public policy. I will now give the floor to Professor Koutrakos to explain the reasons.