THE EEC TREATY , TWO QUESTIONS CONCERNING IN PARTICULAR THE INTERPRETATION OF ARTICLES 9 , 30 AND 115 OF THE TREATY IN SO FAR AS THEY RELATE TO THE REMOVAL OF RESTRICTIONS ON THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY AS IT AFFECTS GOODS COMING FROM THIRD COUNTRIES AND RELEASED INTO IN FREE CIRCULATION IN ONE OF THE MEMBER STATES .
2 IT APPEARS FROM THE JUDGMENT MAKING THE REFERENCE THAT DURING 1969 AND 1970 THE ACCUSED IN THE MAIN PROCEEDINGS , MERCHANTS ESTABLISHED IN BELGIUM , IMPORTED INTO FRANCE CLOTH OF SYNTHETIC FIBRES AND PACKING SACKS COMING FROM THE LEBANON AND SYRIA WHICH HAD BEEN DULY PUT INTO FREE CIRCULATION IN BELGIUM AND SUBSEQUENTLY INTRODUCED INTO FRANCE UNDER THE COMMUNITY GOODS MOVEMENT CERTIFICATES DD1 ISSUED BY THE BELGIAN CUSTOMS AUTHORITIES .
3 IT IS ACCEPTED THAT THE MOVEMENT CERTIFICATES WHICH CERTIFY THE DUE ADMISSION OF GOODS TO THE STATUS OF FREE CIRCULATION WITHIN THE MEANING OF ARTICLE 9 ( 2 ) OF THE TREATY DO NOT CONTAIN ANY INDICATION OF THE ACTUAL ORIGIN OF THE PRODUCT .
4 WHEN THE GOODS WERE IMPORTED INTO FRANCE THEY WERE DECLARED ON A NATIONAL DOCUMENT OF THE FRENCH CUSTOMS KNOWN AS ' D 3 ' AS HAVING COME FROM THE BELGO-LUXEMBOURG ECONOMIC UNION ON THE TERRITORY OF WHICH THEY HAD BEEN PUT INTO FREE CIRCULATION .
5 AFTER THE REAL ORIGIN OF THE GOODS IN QUESTION HAD BEEN ESTABLISHED BY THE FRENCH AUTHORITIES THE APPELLANTS WERE SENTENCED BY A JUDGMENT OF 19 JUNE 1975 OF THE TRIBUNAL CORRECTIONNEL OF LILLE , FOR CONTRAVENTION OF THE CUSTOMS LEGISLATION , TO SUSPENDED TERMS OF IMPRISONMENT OF ONE MONTH AND THREE MONTHS RESPECTIVELY , TO A FINE EQUAL TO THE VALUE OF THE IMPORTED GOODS IN LIEU OF THE CONFISCATION OF THE GOODS WHICH COULD NOT BE SEIZED AND TO AN ADDITIONAL FINE EQUAL TO DOUBLE THE VALUE OF THE SAME GOODS .
6 IT APPEARS FROM THE FILE THAT FOR GOODS WHICH DO NOT AS YET COME WITHIN THE COMMON COMMERCIAL POLICY THE FRENCH RULES PROVIDE FOR MEASURES OF CUSTOMS MONITORING COMPRISING , FOR PRODUCTS IN FREE CIRCULATION BY VIRTUE OF THE PROVISIONS OF THE TREATY , THE OBLIGATION OF THE IMPORTER TO DECLARE ON DOCUMENT D 3 NOT MERELY THE STATE WHERE THEY HAD THUS BEEN RELEASED TO THE MARKET BUT ALSO THEIR ORIGINAL SOURCE .
7 THESE DECLARATIONS , COUPLED WITH THE ISSUE OF IMPORT LICENCES , ENABLE THE NATIONAL AUTHORITIES TO FOLLOW THE TRENDS IN THE IMPORTS OF GOODS SUBJECT TO THIS MONITORING PROCEDURE AND THUS TO DETECT ANY DEFLECTIONS OF TRADE WITH A VIEW TO OBTAINING FROM THE COMMISSION THE ESTABLISHMENT OF PRETECTIVE MEASURES UNDER ARTICLE 115 OF THE TREATY .
8 IT IS WITH REGARD TO THIS SITUATION OF FACT AND OF LAW THAT THE COUR D ' APPEL ASKED THE FOLLOWING QUESTIONS :
' 1 . DOES THE FACT THAT THE IMPORTING MEMBER STATE REQUIRES THE COUNTRY OF ORIGIN TO BE INDICATED IN THE CUSTOMS DECLARATION FORM