How do 1 and 2 beneath differ?
Robert Schütze. European Union Law 2 ed. 2018. p. 501. All emboldenings are mine.
Under the (modern) international model,27 each State contractually commits itself to limiting its external sovereignty by opening its external borders to foreign goods, while it fully retains internal sovereignty over ‘its’ national market. This idea has become known as the principle of ‘host state’ control. It allows the importing – that is: the host – state to impose its domestic laws on foreign goods; yet it must not discriminate against imports. The prohibition of discrimination quintessentially requires States not to establish a set of rules that distinctly apply to imports. Within the international model, the frame of reference for discrimination is always the ‘host state’. Discriminatory effects must flow from [1] the national measure adopted by the host state; whereas a ‘discrimination’ flowing from [2] a diversity of national regulations is not covered. The constitutional demand behind the international model is the full assimilation of foreign goods under host state rule. They are entitled to ‘national treatment’ in all respects – but nothing more.