THE PROVISIONS OF ARTICLE 43 , AUTHORITY TO REPRESENT A PERSON IN CUSTOMS TRANSACTIONS MAY BE GRANTED ONLY TO A CUSTOMS AGENT WHOSE NAME APPEARS ON THE PROFESSIONAL REGISTER ESTABLISHED UNDER THE STATUTE OF 22 DECEMBER 1960 , NO 1612 . ' '
UNDER THE FIRST PARAGRAPH OF ARTICLE 43 ,
' ' AUTHORITY TO REPRESENT THE OWNER OF GOODS IN CUSTOMS TRANSACTIONS MAY ALSO BE GRANTED TO A CUSTOMS AGENT WHOSE NAME DOES NOT APPEAR ON THE PROFESSIONAL REGISTER IF HE IS AN EMPLOYEE OF THE OWNER ' ' .
ARTICLE 44 REQUIRES THE NAMES OF SUCH EMPLOYEE AGENTS , IN CONTRAST TO THE INDEPENDENT AGENTS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 40 , TO BE ENTERED ON A SPECIAL LIST COMPILED AND KEPT UP TO DATE BY THE COMPETENT LOCAL COMMITTEE OF PROFESSIONAL AGENTS AND EMPLOYEE AGENTS MAY CONDUCT CUSTOMS OPERATIONS ONLY ON THE BASIS AND WITHIN THE LIMITS OF THE AUTHORITY GRANTED TO THEM BY THE OWNER OF THE GOODS WHO REMAINS LIABLE FOR THEIR ACTS .
ARTICLE 47 PROVIDES THAT CUSTOMS AGENTS HAVE TO BE LICENSED BY THE MINISTER OF FINANCE . AGENTS MAY EFFECT CUSTOMS OPERATIONS ONLY IN RESPECT OF OFFICES IN A PARTICULAR CUSTOMS DISTRICT SHOWN IN THE LICENCE AND UNLESS OTHERWISE AUTHORIZED FOR SUFFICIENT REASON MUST HAVE THEIR RESIDENCE IN A COMMUNE IN THE DISTRICT FOR WHICH THEY HAVE BEEN APPOINTED .
THE SECOND PARAGRAPH OF ARTICLE 56 PROVIDES :
' ' ANYONE IS DEEMED TO BE THE OWNER OF THE GOODS WHO PRESENTS THEM FOR CUSTOMS CLEARANCE OR HAS POSSESSION OF THEM AT THE MOMENT OF ENTRY ONTO THE CUSTOMS TERRITORY OR EXIT FROM THAT TERRITORY . THIS IS WITHOUT PREJUDICE , IN EVERY CASE , TO THE RIGHT OF THE CUSTOMS TO ASCERTAIN , FOR ALL THE PURPOSES OF THE PRESENT CODE , THE IDENTITY OF THE OWNER OF THE GOODS WHICH ARE THE SUBJECT OF THE CUSTOMS TRANSACTION IN QUESTION . ' '
ARTICLE 57 STATES THE INFORMATION WHICH THE CUSTOMS DECLARATION MUST CONTAIN , IN PARTICULAR ' ' THE FIRST NAME , SURNAME AND ADDRESS OF THE DECLARANT , AS WELL AS OF THE OWNER OF THE GOODS WHO MAY BE REPRESENTED BY HIM . ' '
FINALLY ARTICLE 48 ( A ), WHICH IS ALLEGED TO INFRINGE ARTICLE 52 OF THE TREATY , PROVIDES .
' ' A LICENCE TO ACT AS CUSTOMS AGENT SHALL BE GRANTED TO NATURAL PERSONS WHO SATISFY THE FOLLOWING CONDITIONS :
( A ) THEY MUST BE ITALIAN NATIONALS OR NATIONALS OF A FOREIGN COUNTRY THAT GRANTS EQUAL TREATMENT IN THE MATTER TO ITALIAN NATIONALS . ' '
0 B - THE ALLEGED INFRINGMENT OF THE PROHIBITION ON MEASURES HAVING EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ( ARTICLES 30 AND 34 OF THE TREATY )
6 ALTHOUGH THE REASONED OPINION AND THE APPLICATION DO NOT SAY SO EXPRESSLY , THEIR WORDING AND THE REFERENCE TO ARTICLES 30 AND 34 OF THE TREATY SHOW THAT THE COMMISSION ' S ALLEGATIONS CONCERN THE CONDITIONS