49Neither the Framework Directive nor the Specific Directives contains any definition of the notion of ‘affect[ing] trade between Member States’ for the purpose of Article 7(3)(b) of the Framework Directive. However, recital 38 in the preamble to that directive states that measures that could affect trade between Member States are measures that may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States in a manner which might create a barrier to the single market.
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