CIRCULATION IS MADE SUBJECT TO THE PRODUCTION OF CERTIFICATES OF ORIGIN OR OTHER MEANS OF IDENTIFYING THE ORIGIN OF THE PRODUCTS AT ISSUE CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY ARTICLE 30 OF THE TREATY , AND IF THAT QUESTION IS ANSWERED IN THE AFFIRMATIVE , WHETHER THE MEMBER STATES MAY DEROGATE FROM THAT PROHIBITION AND REQUIRE CERTIFICATES OF ORIGIN FOR ALL GOODS COMING FROM OTHER MEMBER STATES , BEFORE THE DATE OF THE GRANTING BY THE COMMISSION OF AN AUTHORIZATION UNDER ARTICLE 115 OF THE TREATY .
31 ARGUING THAT IT DOES NOT APPEAR FROM THE CASE FILE THAT THE PRODUCTION OF CERTIFICATES OF ORIGIN WAS DEMANDED IN THIS INSTANCE , THE COMMISSION RAISED THE QUESTION WHETHER THE QUESTIONS ARE RELEVANT TO THE REACHING OF A DECISION IN THE CASE BEFORE THE NATIONAL COURT .
32 HOWEVER , IT IS NOT FOR THE COURT OF JUSTICE TO ASSESS WHETHER QUESTIONS REFERRED TO IT BY A NATIONAL COURT UNDER ARTICLE 177 OF THE TREATY ARE RELEVANT TO THE NATURE AND SUBJECT-MATTER OF THE ACTION BEFORE THAT COURT , SINCE IN ACCORDANCE WITH THE STRUCTURE OF THE PROCEDURE FOR A PRELIMINARY RULING SUCH ASSESSMENT COMES WITHIN THE JURISDICTION OF THE NATIONAL COURT .
33 MEMBER STATES CANNOT IGNORE THE ORIGIN OF GOODS IN FREE CIRCULATION ORIGINATING IN THIRD COUNTRIES AND PRESENTED FOR IMPORTATION PRECISELY IN CASES WHERE , BECAUSE THE COMMON COMMERCIAL POLICY HAS NOT BEEN FULLY ACHIEVED , DIFFERENCES REMAIN BETWEEN THE MEASURES OF COMMERCIAL POLICY APPLIED BY THE MEMBER STATES AND WHERE DEFLECTIONS OF TRADE OR ECONOMIC DIFFICULTIES MAY BE FEARED .
34 AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 16 DECEMBER 1976 ( CASE 41/76 DONCKERWOLCKE ( 1976 ) ECR 1921 ) WITHIN SUCH A CONTEXT THE MEMBER STATES ARE NOT PREVENTED FROM REQUIRING FROM AN IMPORTER A DECLARATION CONCERNING THE ACTUAL ORIGIN OF THE GOODS IN QUESTION EVEN IN THE CASE OF GOODS PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE AND COVERED BY A COMMUNITY MOVEMENT CERTIFICATE .
35 IN THESE CIRCUMSTANCES IT MAY BE ADMITTED THAT KNOWLEDGE OF THAT ORIGIN IS NECESSARY BOTH FOR THE MEMBER STATE CONCERNED , SO THAT IT MAY DETERMINE THE SCOPE OF COMMERCIAL POLICY MEASURES WHICH IT IS AUTHORIZED TO ADOPT PURSUANT TO THE TREATY , AND FOR THE COMMISSION , FOR THE PURPOSE OF EXERCISING THE RIGHT OF SUPERVISION AND DECISION CONFERRED ON IT BY ARTICLE 115 .
36 NEVERTHELESS , THE MEMBER STATES MAY NOT REQUIRE FROM THE IMPORTER MORE IN THIS RESPECT THAN AN INDICATION OF THE ORIGIN OF THE PRODUCTS IN SO FAR AS HE KNOWS IT OR MAY REASONABLY BE EXPECTED TO KNOW IT .
37 IN ADDITION , THE FACT THAT THE IMPORTER DID NOT COMPLY WITH THE OBLIGATION TO DECLARE THE REAL ORIGIN OF GOODS CANNOT GIVE RISE TO THE APPLICATION OF PENALTIES WHICH ARE DISPROPORTIONATE , TAKING ACCOUNT OF THE PURELY ADMINISTRATIVE NATURE OF THE CONTRAVENTION .
38 IN THIS RESPECT SEIZURE OF