Keywords
Summary

Keywords

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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - DENATURING - PREMIUMS - SYSTEM - IMPLEMENTATION - COUNCIL AND COMMISSION - RESPECTIVE POWERS

( EEC TREATY, ARTICLE 155 AND REGULATION NO 1009/67 OF THE COUNCIL, ARTICLE 9 ( 8 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - INTERVENTION ON THE MARKET - FORMS - PRIORITY - ABSENCE OF PRIORITY

( REGULATION NO 1009/67 OF THE COUNCIL )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - INTERVENTIONS ON THE MARKET - COMMISSION - POWERS OF EVALUATION - JUDICIAL CONTROL - LIMITS

( REGULATION NO 1009/67 OF THE COUNCIL )

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - IMPLEMENTATION - PREPARATORY DISCUSSIONS-MANAGEMENT COMMITTEE - MECHANICS OF COLLECTIVE DISCUSSION - INTERESTS ON MEMBER STATES - CONFLICTS - GENERAL INTEREST - ARBITRATION BY THE COMMISSION

5 . ACTS OF AN INSTITUTION - REGULATION - IMMEDIATE ENTRY INTO FORCE - JUSTIFICATION

( EEC TREATY, ARTICLE 191 )

6 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - DENATURING - PREMIUMS - APPLICATIONS FOR THE GRANT OF PREMIUMS - ADDITIONAL INFORMATION - MEMBER STATES - POWERS

( REGULATION NO 833/68 OF THE COMMISSION, ARTICLE 2 )

Summary

1 . THE COMMISSION IS ENABLED, UNDER ARTICLE 9 ( 8 ) OF REGULATION NO 1009/67, TO EXERCISE THE POWERS NECESSARY TO ENSURE THE FUNCTIONING OF THE SYSTEM OF DENATURING PREMIUMS, IN SO FAR AS THE COUNCIL HAS NOT ITSELF PROVIDED FOR IT IN IMPLEMENTING REGULATION NO 768/68 .

IT FOLLOWS THAT, SUBJECT TO THE GENERAL RULES LAID DOWN BY THE COUNCIL, THE COMMISSION HAS THE RIGHT TO DECIDE ON BOTH THE GRANT AND THE AMOUNT OF THE DENATURING PREMIUMS AND THAT, THEREFORE, IT HAS THE POWER TO DECIDE WHETHER THEY SHOULD BE SUSPENDED .

WITH THIS END IN VIEW, IT ALSO FALLS TO IT TO DETERMINE THE APPROPRIATE TECHNICAL METHOD, WHICH MEANS THAT, RATHER THAN ANNOUNCING THE SUSPENSION OF THE PREMIUM, IT MAY FIX IT AT NIL, IN ACCORDANCE WITH A METHOD CURRENT IN FISCAL LAW AND ADOPTED BY COMMUNITY LAW .

2 . REGULATION NO 1009/67 DOES NOT EVIDENCE ANY INTENTION ON THE PART OF THE COMMUNITY LEGISLATURE TO ESTABLISH ANY PRIORITY BETWEEN THE DIFFERENT FORMS OF INTERVENTION ON THE MARKET FOR SUGAR .

THE CHOICE IS CONDITIONAL AT ONE AND THE SAME TIME UPON THE VARIABLE CIRCUMSTANCES OF THE MARKET, THE FINANCIAL CHARGES ARISING FROM THE IMPLEMENTATION OF THE CHOSEN MEASURES AND THE DIFFICULTIES WHICH THE DISPOSAL OF DENATURED SUGAR MAY CREATE ON THE MARKET FOR FEEDINGSTUFFS .

3 . IN REGARD TO INTERVENTIONS ON THE MARKET FOR SUGAR, THE COMMISSION ENJOYS A SIGNIFICANT FREEDOM OF EVALUATION, WHICH MUST BE EXERCISED IN THE LIGHT OF THE OBJECTIVES OF THE ECONOMIC POLICY LAID DOWN BY REGULATION NO 1009/67 WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY .

WHEN EXAMINING THE LAWFULNESS OF THE EXERCISE OF SUCH FREEDOM, THE COURTS CANNOT SUBSTITUTE THEIR OWN EVALUATION OF THE MATTER FOR THAT OF THE COMPETENT AUTHORITY BUT MUST RESTRICT THEMSELVES TO EXAMINING WHETHER THE EVALUATION OF THE COMPETENT AUTHORITY CONTAINS A PATENT ERROR OR CONSTITUTES A MISUSE OF POWER .

4 . ONE OF THE AIMS OF THE MANAGEMENT COMMITTEE PROCEDURE IS TO ENABLE THE COMMISSION TO PREPARE ITS INTERVENTION MEASURES IN CLOSE COOPERATION WITH THE NATIONAL AUTHORITIES CHARGED WITH THE MANAGEMENT OF THE MARKET SECTORS CONCERNED .

IT IS CONSONANT WITH THE VERY IDEA OF THE COMMUNITY THAT, WITHIN THE FRAMEWORK OF THE MECHANICS OF COLLECTIVE DISCUSSION SET UP WITH A VIEW TO THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY, THE MEMBER STATES SHOULD EMPHASIZE THEIR OWN INTERESTS, WHILST IT FALLS TO THE COMMISSION TO ARBITRATE, THROUGH THE MEASURES TAKEN BY IT, BETWEEN POSSIBLE CONFLICTS OF INTEREST FREE FROM THE POINT OF VIEW OF THE GENERAL INTEREST .

5 . ARTICLE 191 OF THE EEC TREATY RESERVED TO THE COMPETENT INSTITUTIONS THE RIGHT TO SPECIFY THE DATE OF ENTRY INTO FORCE OF LEGISLATIVE ACTS ACCORDING TO THE CIRCUMSTANCES .

IMMEDIATE ENTRY INTO FORCE DOES NOT NEED TO BE ESPECIALLY REASONED IF IT EXPRESSES A REQUIREMENT OF EFFICIENCY INHERENT IN THE VERY NATURE OF THE MEASURE INTRODUCED BY THE REGULATION .

6 . ARTICLE 2 OF REGULATION NO 833/68 DOES NOT PERMIT NATIONAL AUTHORITIES TO ADD NEW CONDITIONS TO THOSE SPECIFIED IN THE REGULATIONS IN QUESTION BUT MERELY AUTHORIZES MEMBER STATES TO ASK APPLICANTS FOR FULLER INFORMATION THAN THAT REQUIRED BY THE REGULATION .

THIS PROVISION, WHICH IS INTENDED TO ALLOW FOR ADAPTATION OF ADMINISTRATIVE FORMALITIES TO NATIONAL NEEDS AND THEREFORE TO FACILITATE SUPERVISION OF THE OPERATIONS, MUST NOT LEAD TO DIFFERENCES IN TREATMENT IN THE APPLICATION OF THE COMMUNITY RULES FOR THE MARKET FOR SUGAR .