Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - CEREALS - PREMIUM FOR THE DENATURING OF CEREALS OF BREAD-MAKING QUALITY - CONDITIONS GOVERNING THE GRANT - METHODS OF DENATURING - STRICT COMPLIANCE WITH THE RULES LAID DOWN

( REGULATION NO 172/67 OF THE COUNCIL , ART . 4 ( 2 ); REGULATION ( EEC ) NO 1403/69 OF THE COMMISSION , ANNEX I )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - CEREALS - PREMIUM FOR THE DENATURING OF CEREALS OF BREAD-MAKING QUALITY - DENATURING OPERATIONS - DETAILED RULES FOR SUPERVISION - DISCRETION OF THE NATIONAL AUTHORITIES

( REGULATION NO 172/67 OF THE COUNCIL , ART . 7 ; REGULATION ( EEC ) NO 1403/69 OF THE COMMISSION , ART . 4 ( 3 ))

3 . MEASURES ADOPTED BY THE INSTITUTIONS - REGULATIONS - IMPLEMENTATION BY MEMBER STATES - FORMAL AND PROCEDURAL RULES OF NATIONAL LAW - CONDITIONS GOVERNING APPLICATION

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY EAGGF - DUTY OF MEMBER STATES TO RECOVER SUMS UNDULY AND IRREGULARLY GRANTED - DISCRETION - ABSENCE - EQUAL TREATMENT OF UNDERTAKINGS - UNIFORM APPLICATION OF COMMUNITY LAW

( REGULATION NO 729/70 OF THE COUNCIL , ART . 8 ( 1 ))

Summary

1 . IN THE CASE OF DENATURING BY COLOURING ONLY THE STANDARD METHOD DEFINED BY ANNEX I TO REGULATION NO 1403/69 MAY BE USED . A DENATURING PREMIUM GRANTED ON THE BASIS OF ARTICLE 4 ( 2 ) OF REGULATION NO 172/67 MUST BE REGARDED AS WRONGLY PAID IF THE RULES FOR THE USE OF THAT METHOD HAVE NOT BEEN COMPLIED WITH .

IN THE CASE OF DENATURING BY METHODS OTHER THAN THE COLOURING METHOD WHICH MAY BE PRESCRIBED BY NATIONAL LAW , THE RULES GOVERNING THOSE METHODS MUST BE COMPLIED WITH IN FULL IF THE DENATURING OPERATION IS TO CONFER ENTITLEMENT TO THE PREMIUM .

2 . COMMUNITY LAW IN ITS PRESENT STATE DOES NOT RESTRICT TO A SPECIFIC METHOD THE SUPERVISION , BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES , OF THE REGULARITY OF DENATURING OPERATIONS CONFERRING ENTITLEMENT TO PAYMENT OF THE PREMIUM . SUPERVISION MAY INTER ALIA TAKE THE FORM OF AN AUDIT OF THE ACCOUNTING RECORDS . IT IS FOR THE COMPETENT NATIONAL AUTHORITIES TO DETERMINE , SUBJECT TO REVIEW BY THE NATIONAL COURTS , WHAT PROBATIVE VALUE IT IS APPROPRIATE TO ATTRIBUTE TO THE RESULTS OF THE VARIOUS TYPES OF SUPERVISION TO WHICH DENATURING OPERATIONS ARE SUBJECT .

3 . WHERE THE IMPLEMENTATION OF A COMMUNITY REGULATION IS A MATTER FOR THE NATIONAL AUTHORITIES SUBJECT TO REVIEW BY THE NATIONAL COURTS , IMPLEMENTATION MUST COMPLY WITH THE PROCEDURAL AND FORMAL RULES PRESCRIBED BY THE NATIONAL LAW OF THE MEMBER STATE CONCERNED . HOWEVER , RECOURSE TO RULES OF NATIONAL LAW IS POSSIBLE ONLY IN SO FAR AS IT IS NECESSARY FOR THE IMPLEMENTATION OF PROVISIONS OF COMMUNITY LAW AND IN SO FAR AS THE APPLICATION OF THOSE RULES OF NATIONAL LAW DOES NOT JEOPARDIZE THE SCOPE AND EFFECTIVENESS OF THAT COMMUNITY LAW .

4 . ARTICLE 8 ( 1 ) OF REGULATION NO 729/70 CONCERNING THE RECOVERY BY THE MEMBER STATES OF SUMS LOST AS A RESULT OF IRREGULARITIES , EXPRESSLY REQUIRES THE NATIONAL AUTHORITIES RESPONSIBLE FOR OPERATING COMMUNITY MACHINERY FOR AGRICULTURAL INTERVENTION TO RECOVER SUMS UNDULY OR IRREGULARLY PAID ; AND SUCH AUTHORITIES , ACTING ON BEHALF OF THE COMMUNITY , MAY NOT , ON SUCH OCCASIONS , EXERCISE A DISCRETION AS TO THE EXPEDIENCY OF DEMANDING REPAYMENT OF COMMUNITY FUNDS UNDULY OR IRREGULARLY GRANTED . THE OPPOSITE INTERPRETATION WOULD LEAD TO AN EROSION BOTH OF THE PRINCIPLE OF EQUAL TREATMENT BETWEEN UNDERTAKINGS FROM DIFFERENT MEMBER STATES AND OF THE APPLICATION OF COMMUNITY LAW WHICH MUST , SO FAR AS POSSIBLE , REMAIN UNIFORM THROUGHOUT THE COMMUNITY .