Keywords
Summary

Keywords

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Agriculture ° Common organization of the market ° Oils and fats ° Subsidy for oilseeds ° Failure to comply with the obligation to lodge the application for the ID part of the Community subsidy certificate on the very day when the seeds are placed under control ° Total loss of entitlement to the subsidy ° Principle of proportionality ° Infringement ° None

(Council Regulation No 2114/71; Commission Regulation No 1204/72)

Summary

The grant of the subsidy for oil seeds as laid down by Regulation No 2114/71 on the subsidy for oil seeds is dependent, in accordance with the detailed implementing rules laid down by Regulation No 1204/72, on the application for the ID part of the Community aid certificate referred to in Article 5(1)(b) of the latter regulation being lodged on the same day as that on which the Member State concerned takes over control of the seeds in the oil mill, hence before the seeds are processed to produce oil. Since the amount of the aid is constantly subject to fluctuations, the sole means of preventing traders from making unjustified profits consists in requiring the application for the ID part to be lodged on the very day on which the seeds are placed under control. This is essential for the proper functioning of the subsidy system and it is not contrary to the principle of proportionality that a trader who does not comply with that obligation should suffer complete loss of entitlement to the subsidy.