THE DEROGATIONS ALLOWED UNDER ARTICLE 115 CONSTITUTE NOT ONLY AN EXCEPTION TO THE PROVISIONS OF ARTICLES 9 AND 30 OF THE TREATY , WHICH ARE FUNDAMENTAL TO THE OPERATION OF THE COMMON MARKET , BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR IN ARTICLE 113 , THEY MUST BE INTERPRETED AND APPLIED STRICTLY .
58 MOREOVER , SINCE , AS STATED ABOVE , THE SYSTEM INTRODUCED BY REGULATION NO 3589/82 CONSTITUTES , IN ITS SPHERE OF APPLICATION , A STEP TOWARDS THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY BASED , AS ARTICLE 113 ( 1 ) PROVIDES , ON UNIFORM PRINCIPLES , THE COMMISSION MUST SHOW GREAT PRUDENCE AND MODERATION IN EXERCISING THE POWERS WHICH IT STILL HAS UNDER ARTICLE 115 WITH REGARD TO THE PRODUCTS COVERED BY REGULATION NO 3589/82 .
59 IT FOLLOWS THAT , IN THE SECTOR IN QUESTION , THE COMMISSION MAY , SOLELY FOR SERIOUS REASONS AND FOR A LIMITED PERIOD , AFTER A FULL EXAMINATION OF THE SITUATION IN THE MEMBER STATE SEEKING A DECISION UNDER ARTICLE 115 AND HAVING REGARD TO THE GENERAL INTERESTS OF THE COMMUNITY , AUTHORIZE , PURSUANT TO THAT ARTICLE , THE PROTECTIVE MEASURES WHICH CAUSE THE LEAST DISRUPTION OF INTRA-COMMUNITY TRADE .
60 IN THIS CASE , THOSE CONDITIONS ARE SATISFIED .
61 THE PREAMBLE TO THE CONTESTED DECISION , THE DATA PROVIDED BY THE NETHERLANDS AUTHORITIES IN THEIR REQUEST TO THE COMMISSION AND THE EXPLANATIONS PROVIDED BY THE COMMISSION AT THE HEARING SHOW THAT THE ECONOMIC DIFFICULTIES INVOKED BY THE BENELUX COUNTRIES WERE REAL AND DUE , AT LEAST IN PART , TO IMPORTS OF TEXTILE PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES .
62 IN THIS REGARD , IT MUST BE NOTED THAT SINCE 1 JANUARY 1983 THE BENELUX COUNTRIES HAD ADMITTED INTO THEIR TERRITORY TEXTILE PRODUCTS RELEASED INTO FREE CIRCULATION IN OTHER MEMBER STATES AMOUNTING TO APPROXIMATELY 43% OF THE SUBQUOTA FIXED FOR THE BENELUX COUNTRIES .
63 IT IS TRUE THAT THAT FACT ALONE COULD NOT JUSTIFY THE GRANT OF AUTHORIZATION PURSUANT TO ARTICLE 115 , SINCE TEXTILE PRODUCTS COVERED BY THE SUBQUOTAS ALLOCATED TO EACH MEMBER STATE UNDER REGULATION NO 3589/82 MAY MOVE FREELY BETWEEN THE MEMBER STATES ONCE THEY ARE IN FREE CIRCULATION . HOWEVER , THAT FACT , CONSIDERED TOGETHER WITH OTHER FACTORS MENTIONED IN THE PREAMBLE TO THE CONTESTED DECISION , FORMED A SUFFICIENT GROUND FOR THE COMMISSION TO GRANT THE REQUEST MADE BY THE NETHERLANDS .
64 IT SHOULD BE OBSERVED THAT IN 1982 TOTAL IMPORTS INTO THE BENELUX COUNTRIES OF TEXTILE PRODUCTS FROM NON-MEMBER COUNTRIES HAD INCREASED , AS COMPARED WITH IMPORTS IN 1981 , AND WERE TENDING TO INCREASE FURTHER , ACCORDING TO THE COMMISSION ' S ESTIMATES , IN 1983 . FURTHERMORE , THE APPLICATIONS FOR IMPORT LICENCES BEING PROCESSED AT THE TIME WHEN THE NETHERLANDS SUBMITTED ITS REQUEST RELATED TO A QUANTITY OF PRODUCTS EQUIVALENT TO 28% OF THE SUBQUOTA FOR THE BENELUX COUNTRIES .
65 FURTHERMORE , ACCORDING TO INFORMATION