The Non-Discrimination Principle for Goods

Abstract

This chapter examines the second of the two market access principles established in section 1 of the Act, namely the non-discrimination principle for goods (hereafter referred to in this chapter as ‘the non-discrimination principle’ or ‘the principle’). The relevant provisions in the Act for the non-discrimination principle are found in Part I at sections 5–9 and 14–16, with modifications for the purposes of Northern Ireland found in section 11. Exclusions from the non-discrimination principle are found in section 10 and Schedule 1 to the Act. This chapter answers six overarching questions. What is the non-discrimination principle? What are the conditions for its applicability? What ‘relevant requirements’ are covered by the principle? What are the differences between direct and indirect discrimination? When is the non-discrimination principle excluded? What effect does it have in practice?