FOR PRODUCTS IN FREE CIRCULATION WHOSE COMMUNITY STATUS IS ATTESTED BY THE COMMUNITY MOVEMENT CERTIFICATE CONSTITUTE A MEASURE EQUIVALENT TO A QUANTITATIVE RESTRICTION?
2 . DO THE NATIONAL RULES SUBJECTING THE IMPORTATION OF TEXTILE PRODUCTS COMING FROM AND IN FREE CIRCULATION IN A MEMBER STATE , AND ORIGINATING IN A THIRD COUNTRY , TO AN APPLICATION FOR AUTHORIZATION FOR THE PURPOSES OF A POSSIBLE APPLICATION OF ARTICLE 115 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY CONSTITUTE A MEASURE EQUIVALENT TO A QUANTITATIVE RESTRICTION :
( A ) DURING THE TRANSITIONAL PERIOD ;
( B ) SINCE THE END OF THE TRANSITIONAL PERIOD AND MORE PARTICULARLY BETWEEN 1 JANUARY AND 2 JUNE 1970 ).
9 THESE QUESTIONS MUST BE EXAMINED , FIRST , WITH REGARD TO THE RULES APPLICABLE AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD .
THE RULES APPLYING AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD
10 THE QUESTIONS REFERRED CONCERN THE RULES APPLICABLE TO PRODUCTS ORIGINATING IN THIRD COUNTRIES NOT YET SUBJECT TO COMMON PROVISIONS OF COMMERCIAL POLICY AND WHICH , AFTER BEING PUT INTO FREE CIRCULATION IN ONE MEMBER STATE , ARE RE-EXPORTED TO ANOTHER MEMBER STATE .
11 THEY CONCERN MORE PARTICULARLY THE COMPATIBILITY WITH THE TREATY OF MONITORING MEASURES INTRODUCED UNILATERALLY BY THE IMPORTING MEMBER STATE BEFORE OBTAINING A DEROGATION , PURSUANT TO THE SECOND SENTENCE OF THE FIRST PARAGRAPH OF ARTICLE 115 , FROM THE RULES OF FREE CIRCULATION WITHIN THE COMMUNITY .
12 THE MONITORING MEASURES IN QUESTION CONSIST OF THE IMPORTER ' S OBLIGATION TO DECLARE THE ACTUAL ORIGIN OF THE IMPORTED GOODS AND THE ISSUE OF AN IMPORT LICENCE .
13 THE ANSWER TO THESE QUESTIONS MUST BE DERIVED FROM THE PROVISIONS OF THE TREATY CONCERNING THE CUSTOMS UNION AND FROM THE CLOSELY RELATED PROVISIONS CONCERNING THE COMMON COMMERCIAL POLICY .
14 ACCORDING TO ARTICLE 9 OF THE TREATY THE COMMUNITY SHALL BE BASED UPON A CUSTOMS UNION WHICH SHALL COVER ALL TRADE IN GOODS BETWEEN MEMBER STATES .
15 ACCORDING TO ARTICLE 9 ( 2 ) THE PROVISIONS ADOPTED FOR THE LIBERALIZATION OF INTRA-COMMUNITY TRADE APPLY IN IDENTICAL FASHION TO PRODUCTS ORIGINATING IN MEMBER STATES AND TO PRODUCTS COMING FROM THIRD COUNTRIES WHICH ARE IN ' FREE CIRCULATION ' IN THE COMMUNITY .
16 PRODUCTS IN FREE CIRCULATION ARE TO BE UNDERSTOOD AS MEANING THOSE PRODUCTS WHICH , COMING FROM THIRD COUNTRIES , WERE DULY IMPORTED INTO ANY ONE OF THE MEMBER STATES IN ACCORDANCE WITH THE REQUIREMENTS LAID DOWN BY ARTICLE 10 .
17 IT APPEARS FROM ARTICLE 9 THAT , AS REGARDS FREE CIRCULATION OF GOODS WITHIN THE COMMUNITY , PRODUCTS ENTITLED TO ' FREE CIRCULATION ' ARE DEFINITIVELY AND WHOLLY ASSIMILATED TO PRODUCTS ORIGINATING IN MEMBER STATES .
18 THE RESULT OF THIS ASSIMILATION IS THAT THE PROVISIONS OF ARTICLE 30 CONCERNING THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT ARE APPLICABLE WITHOUT DISTINCTION TO PRODUCTS ORIGINATING IN THE COMMUNITY AND TO THOSE WHICH WERE PUT INTO FREE CIRCULATION IN ANY ONE OF THE