WHICH MUST BE CONSIDERED TOGETHER , THE NATIONAL COURT ESSENTIALLY SEEKS TO ESTABLISH WHETHER THE COMMISSION STILL HAS THE POWER TO TAKE DECISIONS UNDER ARTICLE 115 OF THE TREATY AS REGARDS TEXTILE PRODUCTS SUBJECT TO THE ARRANGEMENTS INTRODUCED BY REGULATION NO 3589/82 WHICH ARE IN FREE CIRCULATION IN OTHER MEMBER STATES .
12 IN THAT CONNECTION , TEZI OBSERVES IN THE FIRST PLACE THAT IN MATTERS OF COMMERCIAL POLICY THE TREATY HAS TRANSFERRED POWER COMPLETELY AND IRREVERSIBLY TO THE COMMUNITY . HOWEVER , OWING TO THE DELAY IN IMPLEMENTING THAT POLICY , THE COURT HAS RECOGNIZED IN ITS DECISIONS THAT IT IS POSSIBLE , EVEN AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD , FOR THE COMMISSION TO AUTHORIZE THE MEMBER STATES UNDER ARTICLE 115 TO MAINTAIN , THAT IS TO SAY TO CONTINUE TO APPLY , NATIONAL MEASURES OF COMMERCIAL POLICY .
13 IN TEZI ' S VIEW , THAT POSSIBILITY DISAPPEARS AS SOON AS THE COMMUNITY , ACTING UNDER ARTICLE 113 , EXERCISES ITS POWERS WITH REGARD TO THE COMMON COMMERCIAL POLICY . IN ITS OPINION , THE WAY IN WHICH THE COMMUNITY EXERCISES THOSE POWERS IS IRRELEVANT , INASMUCH AS IT IS NOT NECESSARY , IN ORDER FOR A COMMON COMMERCIAL POLICY TO EXIST , THAT ALL COMMERCIAL POLICY MEASURES SHOULD BE UNIFORM AND TAKE NO ACCOUNT OF DIFFERENCES BETWEEN THE MEMBER STATES . EVEN IN THE CASE OF MEASURES WHICH ARE ADAPTED TO NATIONAL NEEDS BUT WHICH EMANATE FROM THE COMMUNITY IT IS STILL POSSIBLE TO SPEAK OF A COMMON COMMERCIAL POLICY AND RECOURSE TO ARTICLE 115 IS THEREFORE RULED OUT .
14 THAT CONCLUSION IS CONFIRMED , IN TEZI ' S VIEW , BY THE WORDING OF ARTICLE 115 , THE FIRST PARAGRAPH OF WHICH REFERS TO ' MEASURES OF COMMERCIAL POLICY TAKEN IN ACCORDANCE WITH THIS TREATY BY ANY MEMBER STATE ' , WHICH IMPLIES THAT ONLY NATIONAL MEASURES OF COMMERCIAL POLICY MAY BE PROTECTED BY THE GRANT OF AUTHORIZATION BY THE COMMISSION PURSUANT TO ARTICLE 115 . ON THE OTHER HAND , MEASURES WHICH THE MEMBER STATES MUST TAKE IN ORDER TO IMPLEMENT COMMUNITY REGULATIONS ARE NOT COVERED BY THE FIRST PARAGRAPH OF ARTICLE 115 .
15 TEZI CONSIDERS THAT THE ARRANGEMENTS INTRODUCED BY REGULATION NO 3589/82 CONSTITUTE A COMMUNITY MEASURE WHICH MANIFESTS THE COMMUNITY ' S FULL EXERCISE OF ITS POWERS IN THE SPHERE OF THE COMMON COMMERCIAL POLICY . THE FACT THAT THOSE ARRANGEMENTS PROVIDE FOR THE DIVISION OF THE COMMUNITY QUOTA INTO NATIONAL SUBQUOTAS DOES NOT AFFECT THAT CONCLUSION . IN PARTICULAR , THE ARRANGEMENTS CANNOT BE REGARDED AS THE CONTINUATION OF A PREVIOUS NATIONAL COMMERCIAL POLICY , ESPECIALLY SINCE , BEFORE THE EXPIRY OF THE TRANSITIONAL PERIOD , NO IMPORT RESTRICTIONS EXISTED IN THE NETHERLANDS ON THE TEXTILE PRODUCTS FROM MACAO REFERRED TO BY THE NATIONAL COURT .
16 TEZI FURTHER POINTS OUT THAT REGULATION NO 3589/82 ITSELF CONTAINS PROVISIONS DESIGNED TO REMEDY THE SERIOUS DIFFICULTIES WHICH MIGHT ARISE AS A RESULT OF TRADE BEING DEFLECTED TOWARDS ONE OR MORE