IN ONE OF THE MEMBER STATES .
29 BECAUSE THEY CONSTITUTE NOT ONLY AN EXCEPTION TO THE PROVISIONS OF ARTICLES 9 AND 30 OF THE TREATY WHICH ARE FUNDAMENTAL TO THE OPERATION OF THE COMMON MARKET , BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR BY ARTICLE 113 , THE DEROGATIONS ALLOWED UNDER ARTICLE 115 MUST BE STRICTLY INTERPRETED AND APPLIED .
30 IT IS IN THE LIGHT OF THIS INTERPRETATION THAT THE COMPATIBILITY OF THE ' MONITORING MEASURES ' DESCRIBED ABOVE WITH THE RULES CONCERNING THE FREE CIRCULATION OF GOODS WITHIN THE COMMUNITY SHOULD BE CONSIDERED .
31 FIRST OF ALL IT SHOULD BE STRESSED WITH REGARD TO THE SCOPE OF SUCH PROVISIONS , THAT UNDER ARTICLE 115 LIMITATIONS MAY ONLY BE PLACED ON THE FREE MOVEMENT WITHIN THE COMMUNITY OF GOODS ENJOYING THE RIGHT TO FREE CIRCULATION BY VIRTUE OF MEASURES OF COMMERCIAL POLICY ADOPTED BY THE IMPORTING MEMBER STATE IN ACCORDANCE WITH THE TREATY .
32 AS FULL RESPONSIBILITY IN THE MATTER OF COMMERCIAL POLICY WAS TRANSFERRED TO THE COMMUNITY BY MEANS OF ARTICLE 113 ( 1 ) MEASURES OF COMMERCIAL POLICY OF A NATIONAL CHARACTER ARE ONLY PERMISSIBLE AFTER THE END OF THE TRANSITIONAL PERIOD BY VIRTUE OF SPECIFIC AUTHORIZATION BY THE COMMUNITY .
33 WITHIN THE CONTEXT THUS DEFINED 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 .
34 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 .
35 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 .
36 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 .
37 IN THIS RESPECT SEIZURE OF THE GOODS OR ANY PECUNIARY PENALTY FIXED ACCORDING TO THE VALUE OF THE GOODS WOULD CERTAINLY BE INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY AS BEING EQUIVALENT TO AN OBSTACLE TO THE FREE MOVEMENT OF GOODS .
38 IN GENERAL TERMS ANY ADMINISTRATIVE OR PENAL MEASURE WHICH GOES BEYOND WHAT IS STRICTLY NECESSARY FOR THE PURPOSES OF ENABLING THE IMPORTING MEMBER STATE TO OBTAIN REASONABLY COMPLETE AND ACCURATE INFORMATION ON THE MOVEMENT OF GOODS FALLING WITHIN SPECIFIC MEASURES OF COMMERCIAL