TO REDUCE THE SCOPE OF THE PRINCIPLE DESCRIBED ABOVE , BY REASON OF THE FACT THAT THAT REGULATION PROVIDES FOR THE DIVISION OF THE COMMUNITY QUANTITATIVE LIMIT INTO NATIONAL SUBQUOTAS .
28 INDEED , AS THE COURT STATED IN ITS JUDGMENT OF 13 DECEMBER 1983 IN CASE 218/82 ( COMMISSION V COUNCIL ( 1983 ) ECR 4063 ), WHILST A TOTAL COMMUNITY QUOTA MAY BE DIVIDED INTO NATIONAL SUBQUOTAS , SUCH A DIVISION CANNOT HINDER THE FREE MOVEMENT OF THE GOODS SUBJECT TO THE QUOTA ONCE THEY HAVE BEEN RELEASED INTO FREE CIRCULATION IN THE TERRITORY OF ONE OF THE MEMBER STATES .
29 IT FOLLOWS THAT , ONCE GOODS ORIGINATING IN COUNTRIES WHICH ARE PARTIES TO THE MULTI-FIBRE ARRANGEMENT ARE IMPORTED AND RELEASED INTO FREE CIRCULATION IN ONE MEMBER STATE , THEY MUST BE ABLE TO CIRCULATE FREELY IN ANY OTHER MEMBER STATE .
30 HOWEVER , THE COURT HELD IN ITS JUDGMENT IN DONCKERWOLCKE , THAT UNDER THE SYSTEM OF THE TREATY THE FULL APPLICATION OF THE PRINCIPLE OF FREE MOVEMENT TO GOODS IMPORTED FROM NON-MEMBER COUNTRIES IS CONDITIONAL UPON THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY .
31 THE COURT OBSERVED IN THAT CONNECTION THAT THE ASSIMILATION TO GOODS ORIGINATING WITHIN THE MEMBER STATES OF GOODS ORIGINATING IN A NON-MEMBER COUNTRY BUT IN FREE CIRCULATION IN ONE OF THE MEMBER STATES MAY ONLY TAKE FULL EFFECT IF THOSE GOODS ARE SUBJECT TO THE SAME CONDITIONS OF IMPORTATION , WITH REGARD TO CUSTOMS AND COMMERCIAL CONSIDERATIONS , IRRESPECTIVE OF THE STATE IN WHICH THEY WERE RELEASED INTO FREE CIRCULATION .
32 IN THE SAME JUDGMENT , AFTER OBSERVING THAT , DESPITE THE EXPIRY OF THE TRANSITIONAL PERIOD , A COMMON COMMERCIAL POLICY BASED , IN ACCORDANCE WITH ARTICLE 113 ( 1 ) OF THE TREATY , ON UNIFORM PRINCIPLES HAD NOT YET BEEN FULLY ACHIEVED , THE COURT RECOGNIZED THAT THE INCOMPLETENESS OF THE COMMON COMMERCIAL POLICY , TOGETHER WITH OTHER CIRCUMSTANCES , WAS LIKELY TO MAINTAIN DIFFERENCES IN COMMERCIAL POLICY BETWEEN THE MEMBER STATES CAPABLE OF CAUSING DEFLECTIONS OF TRADE OR ECONOMIC DIFFICULTIES IN SOME MEMBER STATES .
33 THE COURT STATED THAT ARTICLE 115 ENABLED DIFFICULTIES OF THIS KIND TO BE OVERCOME BY GIVING TO THE COMMISSION THE POWER TO AUTHORIZE MEMBER STATES TO TAKE PROTECTIVE MEASURES , PARTICULARLY IN THE FORM OF DEROGATIONS FROM THE PRINCIPLE THAT GOODS ORIGINATING IN NON-MEMBER COUNTRIES AND RELEASED INTO FREE CIRCULATION IN ONE OF THE MEMBER STATES SHOULD CIRCULATE FREELY IN THE COMMUNITY .
34 THE QUESTION TO BE CONSIDERED IS THEREFORE WHETHER REGULATION NO 3589/82 INTRODUCED A GENUINE COMMON COMMERCIAL POLICY , WITHIN THE MEANING OF ARTICLE 113 , FOR PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES PARTICIPATING IN THE MULTI-FIBRE ARRANGEMENT , WITH THE RESULT THAT , IN THE SPHERE OF APPLICATION OF THAT REGULATION , THE COMMISSION NO LONGER HAS THE POWER TO GRANT MEMBER STATES AUTHORIZATIONS UNDER ARTICLE 115 .
35 AN AFFIRMATIVE ANSWER TO THAT QUESTION , AS SUGGESTED BY TEZI , WOULD BE APPROPRIATE ONLY