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The government of an EU Member State is contemplating a range of policy options to reduce the number of small water bottles that are thrown

The government of an EU Member State is contemplating a range of policy options to reduce the number of small water bottles that are thrown away. They seek your advice on the compatibility with Articles 34 and 36 TFEU of the following:

  1. (a) a ban on the import of water bottles with a capacity of less than one litre;
  2. (b) a ban on the sale of water bottles with a capacity of less than one litre;
  3. (c) a prohibition on the sale of water bottles with a capacity of less than one litre in any public-owned institution (public-owned airports, libraries, etc).

Advise them.

Your answer should be based on Articles 34 and 36 TFEU only and ignore any potentially applicable secondary legislation, but EU case-law is needed.

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