WHETHER THESE PRODUCTS CONFORM TO THE COMMON QUALITY STANDARDS . . . OR TO STANDARDS WHICH ARE AT LEAST EQUIVALENT ' .
44 REGULATION NO 93/67 OF THE COMMISSION OF 3 MAY 1967 LAYING DOWN INITIAL PROVISIONS ON QUALITY CONTROL OF FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY ( OJ , ENGLISH SPECIAL EDITION 1967 , P . 24 ) AND REGULATION NO 2638/69 OF THE COMMISSION OF 24 DECEMBER 1969 LAYING DOWN ADDITIONAL PROVISIONS ON QUALITY CONTROL OF FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY ( OJ , ENGLISH SPECIAL EDITION 1969 ( II ), P . 611 ) LAID DOWN THE RULES FOR QUALITY CONTROL .
45 ACCORDING TO ARTICLE 3 ( 1 ) OF REGULATION NO 158/66 , THE PARTICULARS REQUIRED BY THE QUALITY STANDARDS - WHICH INCLUDE A STATEMENT OF THE ORIGIN OF THE GOODS - MUST BE LEGIBLY AND INDELIBLY MARKED ON ONE OF THE SIDES OF THE PACKAGE , EITHER PRINTED DIRECTLY ONTO THE PACKAGE OR BY MEANS OF A LABEL FIRMLY AFFIXED THERETO , AND ARTICLE 3 ( 2 ) PROVIDES THAT , AS REGARDS GOODS DISPATCHED IN BULK , THIS INFORMATION SHALL BE GIVEN IN A DOCUMENT TO ACCOMPANY THE GOODS OR ON A FORM PLACED WHERE IT CAN BE SEEN INSIDE THE MEANS OF TRANSPORT .
46 AS FAR AS INSPECTION IS CONCERNED , ARTICLE 3 OF REGULATION NO 93/67 PROVIDES THAT ' WHERE THE ITEMS INSPECTED FAIL TO COMPLY WITH THE RULES IN FORCE ' , THE INSPECTOR SHALL REQUIRE THE COMPULSORY DECLARATIONS TO BE BROUGHT INTO CONFORMITY WITH THOSE RULES , OR REQUIRE THEM TO BE DISPATCHED TO A DESTINATION IN RESPECT OF WHICH THE QUALITY STANDARDS DO NOT APPLY .
47 IT FOLLOWS THAT THE RULES RELATING TO CONTROL OF THE QUALITY OF THE PRODUCTS IN QUESTION CANNOT OF THEMSELVES JUSTIFY A REQUIREMENT TO PRODUCE DOCUMENTS CONCERNING THE ORIGIN OF THE PRODUCTS , ON THE CONDITION HOWEVER THAT WHEN AN INSPECTION IS CARRIED OUT THE INSPECTOR MAY REQUIRE PROOF THAT THE COMPULSORY DECLARATIONS ARE IN ACCORDANCE WITH THE FACTS .
48 THE SECOND PARAGRAPH OF ARTICLE 8 OF REGULATION NO 158/66 PROVIDES THAT ' MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO PROVIDE PENALTIES FOR INFRINGEMENTS OF THIS REGULATION ' .
49 THAT ARTICLE DOES NOT IN GENERAL DRAW ANY DISTINCTION BETWEEN INFRINGEMENTS CONCERNING DOMESTIC PRODUCTS AND THOSE CONCERNING PRODUCTS FROM OTHER MEMBER STATES OR BETWEEN INFRINGEMENTS CONCERNING COMMUNITY PRODUCTS AND THOSE CONCERNING NON-COMMUNITY PRODUCTS .
50 IT IS TO BE INFERRED FROM THIS THAT ARTICLE 8 SEEKS TO PENALIZE ANY INFRINGEMENT ON THE SAME BASIS , WITHOUT DISTINCTION AS TO THE ORIGIN OF THE PRODUCT , AND THEREFORE THAT NATIONAL MEASURES ENTAILING SUCH DISTINCTIONS COULD , WHERE APPROPRIATE , BE REGARDED AS DISCRIMINATORY AND THEREBY INCOMPATIBLE WITH THE TREATY , IN PARTICULAR ARTICLE 30 .
Decision on costs
COSTS
51 THE COSTS INCURRED BY THE COMMISSION , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
52 AS THESE PROCEEDINGS ARE , SO FAR