ARE UNREASONABLE IN THAT THEY ARE DISPROPORTIONATE IN RELATION TO THAT OBJECTIVE .
39IT SHOULD BE STRESSED , ON THE ONE HAND , THAT IT IS FOR THE COURT TO SETTLE NOT THE QUESTION AS TO WHICH METHOD OF CHECKING AUTHENTICITY IS THE MOST EFFECTIVE , BUT RATHER THE QUESTION WHETHER THE METHOD ADOPTED BY THE BELGIAN GOVERNMENT , THE EFFECTIVENESS OF WHICH IS NOT QUESTIONED AND WHICH IS BASED ON THE EXAMINATION OF CERTIFICATES OF ORIGIN ISSUED IN THE EXPORTING MEMBER STATE , CAUSES A TRADER , WHO WISHES TO IMPORT INTO BELGIUM FROM A MEMBER STATE OTHER THAN THAT OF ORIGIN SPIRITS BEARING A DESIGNATION OF ORIGIN , DIFFICULTIES IN OBTAINING CERTIFICATES WHICH ARE UNREASONABLE IN RELATION TO THOSE WHICH THAT STATE IMPOSES ON A DIRECT IMPORTER , EVEN WHERE IT IS ASSUMED THAT THIS METHOD CREATES MORE DIFFICULTIES FOR BOTH TYPES OF IMPORT THAN RESULT FROM THE SYSTEM OF SEALING AND LABELLING PROVIDED FOR IN ARTICLE 1 ( 1 ) OF THE ARRETE MINISTERIEL OF 2 DECEMBER 1976 .
40ON THE OTHER HAND , THE COMMISSION IS NOT ASKING THE COURT TO SETTLE THE QUESTION WHETHER THE ARRETE MINISTERIEL WHICH HAS NOW BEEN REPEALED GAVE RISE TO SUCH DISCRIMINATION OR WHETHER IN REFRAINING FROM INCORPORATING INTO LAWS OR REGULATIONS THE LIBERALIZING MEASURES PROVIDED FOR INTER ALIA IN THE ABOVE-MENTIONED ADMINISTRATIVE CIRCULARS THE KINGDOM OF BELGIUM FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE TREATY .
41CONFINING CONSIDERATION TO THE QUESTION WHICH THE COMMISSION HAS BROUGHT BEFORE THE COURT , IT IS NOT POSSIBLE TO SAY THAT TO CHECK THE AUTHENTICITY OF A PRODUCT BEARING A DESIGNATION OF ORIGIN BY THE EXPEDIENT OF EXAMINING CERTIFICATES OF ORIGIN ISSUED IN THE PRODUCER MEMBER STATE CONSTITUTES AN UNREASONABLE MEASURE IN RELATION TO THE OBJECTIVE OF GUARANTEEING THE AUTHENTICITY OF THE PRODUCT .
42IN THIS RESPECT IT IS APPROPRIATE TO OBSERVE THAT A SIMILAR SYSTEM HAS BEEN ADOPTED IN VARIOUS COMMUNITY REGULATIONS AS A MEANS OF PROVING THE AUTHENTICITY OF CERTAIN PRODUCTS SUCH AS BOURBON WHISKY , PORT , MADEIRA , SHERRY , SETUBAL MUSCATEL AND TOKAY AND WINES , JUICES AND GRAPE MUSTS IMPORTED INTO THE COMMUNITY FROM THIRD COUNTRIES AND THAT THE BELGIAN SYSTEM , AS A METHOD OF CONTROL , HAS NOT BEEN CHALLENGED BY THE COMMISSION IN SO FAR AS IT APPLIES TO SPIRITS IMPORTED DIRECTLY INTO BELGIUM FROM THE PRODUCER MEMBER STATE .
43FURTHER , AT LEAST AS REGARDS SCOTCH WHISKY , ACCORDING TO INFORMATION SUPPLIED TO THE COURT BY THE BELGIAN GOVERNMENT AND THE GOVERNMENT OF THE UNITED KINGDOM , THE REQUISITE CERTIFICATES ARE AVAILABLE NOT ONLY TO IMPORTERS IMPORTING SPIRITS DIRECTLY INTO BELGIUM FROM THE PRODUCER MEMBER STATE BUT ALSO TO TRADERS WISHING TO IMPORT SUCH PRODUCTS FROM AN INTERMEDIATE MEMBER STATE , AS A RESULT OF THE ABOVE-MENTIONED LIBERALIZING ADMINISTRATIVE MEASURES ADOPTED BOTH BY THE BELGIAN GOVERNMENT AND BY THE GOVERNMENT OF THE UNITED KINGDOM .
44THE COMMISSION HAS NOT SATISFACTORILY REFUTED THE ARGUMENT OF THE BELGIAN GOVERNMENT THAT THOSE LIBERALIZING