), BY WHICH IT WAS REPLACED ; THOSE REGULATIONS SET OUT VARIOUS ADMINISTRATIVE MEASURES INTENDED TO FACILITATE COMMUNITY TRANSIT . INDEED , THE PREAMBLES TO THE TWO REGULATIONS LINK THE MEASURES TAKEN IN ORDER TO FACILITATE TRANSIT WITH THE EXISTENCE OF THE CUSTOMS UNION , WITH THE UNITY OF THE CUSTOMS TERRITORY AND WITH THE NEED FOR COMPLETE FREEDOM OF MOVEMENT OF GOODS WITHIN THE COMMUNITY .
18 MOREOVER , IT IS NECESSARY TO STRESS , AS THE COURT DID IN ITS JUDGMENT OF 13 DECEMBER 1973 IN JOINED CASES 37 AND 38/73 , SOCIAAL FONDS VOOR DE DIAMANTARBEIDERS V N.V . INDIAMEX AND ASSOCIATION DE FAIT DE BELDER , ( 1973 ) ECR 1609 , THAT , ALTHOUGH THE PROHIBITION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES APPEARS ONLY IN SECTION 1 OF THE CHAPTER OF THE TREATY RELATING TO THE CUSTOMS UNION ( ARTICLES 12 TO 17 ), WHICH RELATES TO PRODUCTS IN FREE CIRCULATION IN THE MEMBER STATES , AND NOT IN SECTION 2 OF THE SAME CHAPTER ( ARTICLES 18 TO 29 ), WHICH CONCERNS PRODUCTS IMPORTED DIRECTLY FROM A NON-MEMBER COUNTRY , THAT DOES NOT MEAN THAT SUCH CHARGES MAY BE INTRODUCED OR MAINTAINED IN RELATION TO THOSE PRODUCTS . AS WAS ALSO POINTED OUT IN THE JUDGMENT CITED , THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF IS INTENDED TO ACHIEVE AN EQUALIZATION OF CUSTOMS CHARGES LEVIED AT THE FRONTIERS OF THE COMMUNITY ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES , IN ORDER TO AVOID ANY DEFLEXION OF TRADE IN RELATIONS WITH THOSE COUNTRIES AND ANY DISTORTION OF FREE INTERNAL CIRCULATION OR OF COMPETITIVE CONDITIONS . FOR THE SAME REASONS , THE FACT THAT THE SAME PROVISIONS DO NOT CONTAIN ANY EXPRESS PROHIBITION OF TRANSIT CHARGES CANNOT MEAN THAT SUCH CHARGES MAY BE INTRODUCED OR MAINTAINED BY THE MEMBER STATES , SINCE THE VERY PRINCIPLE ON WHICH THEY ARE BASED IS INCOMPATIBLE WITH A CUSTOMS UNION AND A FORTIORI WITH THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS , WHICH IS THE VERY FOUNDATION OF THE COMMON MARKET .
19 IT MUST THEREFORE BE ACCEPTED THAT THE MEMBER STATES WOULD CONTRAVENE THE PRINCIPLE OF FREEDOM OF TRANSIT WITHIN THE COMMUNITY IF THEY WERE TO APPLY TO GOODS IN TRANSIT THROUGH THEIR TERRITORY TRANSIT DUTIES OR OTHER CHARGES IMPOSED IN RESPECT OF TRANSIT .
20 HOWEVER , THE IMPOSTITION OF CHARGES WHICH REPRESENT THE COSTS OF TRANSPORTATION OR OF OTHER SERVICES CONNECTED WITH TRANSIT CANNOT BE REGARDED AS INCOMPATIBLE WITH FREEDOM OF TRANSIT AS DEFINED ABOVE .
21 IN THAT REGARD IT SHOULD BE NOTED THAT SUCH SERVICES ARE NOT TO BE LIMITED TO THOSE DIRECTLY AND SPECIFICALLY CONNECTED WITH THE MOVEMENT OF GOODS , AS INDICATED IN THE QUESTIONS SUBMITTED BY THE CORTE SUPREMA DI CASSAZIONE . CHARGES BASED ON THE MORE GENERAL BENEFITS DERIVED FROM THE USE OF HARBOUR WATERS OR INSTALLATIONS FOR THE NAVIGABILITY AND MAINTENANCE OF WHICH THE PUBLIC AUTHORITIES ARE RESPONSIBLE MUST ALSO BE REGARDED AS REPRESENTING COSTS OF TRANSPORTATION