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 .
39 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 POLICY MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY .
40 A FORTIORI , THE REQUIREMENT OF AN IMPORT LICENCE FOR THE INTRODUCTION INTO A MEMBER STATE OF GOODS PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE IS INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY IN SO FAR AS THE GOODS ARE NOT THE SUBJECT OF A DEROGATION PROPERLY AUTHORIZED BY THE COMMISSION BY VIRTUE OF THE SECOND SENTENCE OF THE FIRST PARAGRAPH OF ARTICLE 115 .
41 THE FIFTH AND SIXTH QUESTIONS ASK WHETHER THE COMMUNITY LEGISLATION RELATING TO QUALITY STANDARDS FOR FRUIT AND VEGETABLES , IN PARTICULAR THE PROVISIONS OF REGULATION NO 58/62 , PERMITS MEMBER STATES TO RENDER INTRA-COMMUNITY TRADE SUBJECT TO PRODUCTION AT THE FRONTIER OF DOCUMENTS RELATING TO THE ORIGIN OF PRODUCTS IN FREE CIRCULATION COMING FROM OTHER MEMBER STATES AND WHETHER , IN THE CASE OF A FAILURE TO COMPLY WITH THOSE STANDARDS , THE APPLICATION TO IMPORTED PRODUCTS OF THE PENALTIES PRESCRIBED FOR THE INFRINGEMENT OF NATIONAL CUSTOMS LEGISLATION DOES NOT CONSTITUTE A MEASURE HAVING EQUIVALENT EFFECT PROHIBITED BY ARTICLE 30 OF THE TREATY , WHEN DOMESTIC PRODUCTS WHICH FAIL TO COMPLY WITH THE SAME STANDARDS ARE SUBJECT ONLY TO THE LIGHTER PENALTIES PROVIDED FOR BY THE NATIONAL RULES .
42 ALTHOUGH IT IS TRUE THAT QUALITY STANDARDS FOR FRUIT AND VEGETABLES , AND HENCE FOR TABLE GRAPES , WERE LAID DOWN FOR THE FIRST TIME IN REGULATION NO 58/62 , AT THE TIME OF THE IMPORTS AT ISSUE THAT FIELD WAS GOVERNED BY REGULATION NO 158/66 OF THE COUNCIL OF 25 OCTOBER 1966 ON APPLYING COMMON QUALITY STANDARDS TO FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY ( JO NO 192 , 27 . 10 . 1966 , P . 3282/66 ) WHICH , ACCORDING TO THE FIRST RECITAL OF ITS PREAMBLE , AIMS TO ' BANISH PRODUCTS OF UNSATISFACTORY QUALITY FROM THE MARKET , TO ORIENTATE PRODUCTION IN SUCH A WAY AS TO SATISFY CONSUMER REQUIREMENTS , AND TO PROMOTE COMMERCIAL DEALING ON THE BASIS OF FAIR COMPETITION AND COMMON RULES ' .
43 ARTICLE 1 OF REGULATION NO 80/63 OF THE COMMISSION OF 31 JULY 1963 ON QUALITY INSPECTION OF FRUIT AND VEGETABLES IMPORTED FROM THIRD COUNTRIES ( OJ , ENGLISH SPECIAL EDITION 1963-1964 , P . 39 ) PROVIDES THAT ' BEFORE ( CERTAIN PRODUCTS ) FROM THIRD COUNTRIES ARE ACCEPTED FOR IMPORTATION INTO MEMBER STATES , THEY SHALL BE SUBJECTED TO AN INSPECTION TO ESTABLISH . . .